VF Services (UK) Limited
India Visa Application Centre
Version 1st November 2011
1. Important Notes:
VFS recommends that you do not purchase tickets or make bookings which cannot
be cancelled without cost prior to the issuance of a visa, except where it is a
specific requirement stated as part of the visa application.
These terms contain a disclaimer which limits our liability to our refund
policy stated below.
Except where covered in our refund policy below, all fees are not refundable, and may be retained by us on payment by you, even if you do not make or proceed with a visasurrender of Indian passport application, and whether or not a visa/Surrender certificate is ultimately granted.
You are responsible for the accuracy of your application form, and in checking
your application form we do not guarantee that we will find any errors, and we
do not verify information you have provided.
2. Service Provider
The India Visa Application Centre is a service provided by VF Services (UK)
Limited ("VFS"). Our corporate head office is at 60-62 Wilton Road, Victoria,
London SW1V 1DE, United Kingdom.
3. Application of These Terms
These terms and conditions govern your use of the services of the India Visa
Application Centre, all visa applications you make, and all enquiries you make
for advice or information concerning Indian visas. Each applicant for a visa
hereby accepts and confirms that, prior to submitting a visa application, they
have read, understood and agreed to be bound by, without limitation or
qualification, all of these terms and conditions. No employee of VFS has any
authority whatsoever to change, amend, amplify or withdraw any or all of these
terms and conditions without prior written approval from VFS.
4. The Visa Application Service
4.1 Scope
The India Visa Application Centre of VFS is the outsourced partner of the High
Commission of India (HCI) in the United Kingdom. In this capacity, the India
Visa Application Centre is responsible for scheduling appointments, receipt of
visa applications for travel to India and visa fees, submission of applications
at the High Commission in London and Consulate General of India (CGI) in
Birmingham and Edinburgh, collecting the processed passports from the HCI/CGI,
and returning passports back to applicants.
4.2 Acceptance and Rejection of Applications
The assessment of visa applications is carried out by the High Commission of
India or its Consulates, and the grant or refusal of India visas is
at their sole discretion. The High Commission of India and the CGI reserve the
right to ask for further documentation and information from the applicant, and
to refuse any visa application. The applicant must supply such further
documents and information if they wish their application to continue to be
considered.
4.2 Fees
The fees payable by you comprise the embassy fee for the visa/surrender of Indian passport, which we forward on to the HCI/CGI, and our fees, comprising our service fee and other fees such as bank charges and fees.
Fees stated are only valid on the day that they are quoted or provided by us.
If you decide to make your application on a later date, the fees may change.
All costs of returning passports, visas and documents to you are included in
the final total fee based on information provided by you and the delivery
methods selected by you.
All fees must be received in full under the available payment options as
cleared funds for the application to be processed. If fees are paid by cheque
(or other negotiable instrument) then the payment will not be considered to
have been received until such cheque or negotiable instrument has cleared.
Except where covered in our refund policy below, all fees are not refundable, and all fees are payable and may be retained by us on payment by you, even if you do not make or proceed with a visa/surrender of Indian passport application, and whether or not a visa/surrender certificate is ultimately granted.
4.3 General Obligation
VFS will process all visa applications with reasonable care and skill and in
accordance with all procedures prescribed by the Indian High Commission from
time to time. However, whilst we use reasonable care to check your application
form for obvious errors on the face of the form, we do not guarantee to detect
errors with your form, and we do not undertake to verify any information you
provide, which you are responsible for ensuring is accurate.
4.4 Applicant's Responsibility
It is the responsibility of all applicants to complete all applications forms
truthfully, to provide correct and accurate information and documentation, to
ensure that they have a valid passport, and on receipt of visa to check the
validity of the visa issued to ensure that it covers the period of stay
requested, the number or entries required, and that it is valid for the purpose
of the trip.
Applicants are requested to submit/send photocopies of the supporting documents
(not the originals) unless originals are requested.
4.4 Processing Times
The processing times for visas/surrender of Indian passport applications are estimates only. These are based on information and experience of the Indian High Commission and Consulates.
The processing of your application is subject to the procedures and timescales
of the Indian High Commission and Consulates, over which we have no control.
4.6 Advertising Material
Advertising material may be included along with passports or other documents
when they are returned to the applicant. If you do not wish to receive any such
advertising material, you should notify VFS in advance at the time of
submission of your visa application. Please note that all advertising material
accompanying the relevant documents is provided by VFS, and does not have the
endorsement of the Indian Government.
4.7 Changes to Procedures and Fees
The procedures and fees of the Indian High Commission and Consulates for the
processing of visas and related services are outside the control of VFS and
subject to change without prior notice. VFS does not accept responsibility for
any changes in procedures or fees and reserves the right to pass on any
increased fees.
4.8 Cancellation
Subject to the following paragraph, if you commence a visa application process,
including by submitting an online application, you may cancel your application
at any time before you visa application is posted or otherwise forwarded by us
to the High Commission of India, the Consulate General of India or any other
Indian embassy, in which case we will refund to you the embassy fee, but not
any service fee, bank fee or other fee. Once your application has been posted
or otherwise forwarded by us, it may not be cancelled.
If you commence a visa application process, including by submitting an online
application, but do not complete the visa application process, including where
you fail to send your visa application documentation to us or to attend in
person at a visa application centre to complete your visa application, within
12 months of commencing the visa application process, then your visa
application shall be considered to be ended and we may retain the embassy fee
paid by you, as well as all service fees, bank fees and other fees. We shall
not be obliged to notify you of this.
Your right above is the only cancellation right you have. Once you have
submitted your application to us, you will be taken to have agreed that we may
immediately commence processing your application and providing any services,
and as a result you will not have any right to cancel under the Consumer
Protection (Distance Selling) Regulations 2000. This is because, under
Regulation 13(1)(a), you lose your right to cancel if you agree that we can
start providing the services within the cancellation period.
5. Refund Policy
5.1 Refund of Visa Application Embassy Fee
If VFS is in breach of contract or negligent in relation to any visa/surrender of Indian passport application submitted, resulting in the visa/surrender certificate not being granted or loss of applicants passport with valid visas, in each case, wherein the applicant has to apply for a new passport or cannot travel to India at the times stated by the applicant in his/her visa application, then VFS will refund to the applicant the embassy fee, but not any service fee, bank fee or other fee.
VFS will also refund the embassy fee if you cancel your visa application before
it is forwarded by us to the HCI, CGI or any other Indian embassy, under
Paragraph 4.8 above, but not any service fee, bank fee, or other fee. .
5.2 Loss or damage to passports and other travel documents
VFS takes every reasonable precaution while handling an applicant's passport
& documents, and if due to any breach of contract or negligence on the part
of VFS, the applicant's submitted passport or documents are lost or damaged
beyond a useable condition, then VFS will pay to the applicant the amount of
the fees charged by the government of the applicant's home country, for the
replacement of the lost or damaged passport or other documents through their
normal replacement procedure, and VFS will assist the applicant with the same
within its capacity. Such payments will be made by VFS to the applicant on the
presentation of the payment receipt issued by the government of their
respective home country for the replacement of such lost or damaged passport or
documents.
6. Disclaimer - Please read carefully
Except for the refund or reimbursements of fees as stated in the section above,
VFS excludes its liability in connection with any visa applications, including
liability in or under contract, negligence, tort, statute or otherwise
howsoever, and including liability for any delay or failure of VFS in handling
or processing visa applications, loss of or delay to passports and other
documents, delays involving the High Commission of India or the CGI, and
rejections of visa applications for any reason.
And for the avoidance of doubt:
6.1 No Liability for Incorrect Information
VFS shall have no liability for loss, delays or non-issuance of any application
arising from or in connection with (to include but not restricted to)
incomplete application forms, incorrectly or falsely completed application
forms, and inaccurate or incomplete supporting documentation.
6.2 No Liability for Events Not In Our Control
VFS shall not be considered to be in breach of contract or negligent or
otherwise liable in any way for any delay or failure of any application or
loss, damage or delay to any passport or other documents due to accident,
theft, natural calamities (act of god) or any other reason outside the control
of, and not arising out of a wilful default of, VFS, or for the loss or damage
to any passport or other document after it has been handed over to the
applicant.
6.3 No Liability for Postal and Courier Service
VFS shall have no liability for any delays, or for loss of or damage
to any visa application, passport or other documents, caused by, or occurring
whilst any application, passport or document is in the possession of, any third
party postal or courier service, including transportation of visa applications,
passport or other documents between VFS and the High Commission or a Consulate
and when being returned by VFS to the applicant.
6.4 No Liability for Assessment of Visa Applications
VFS is not involved in the process of assessment of visa applications, or their
grant or refusal, and shall not be liable or responsible for any delay by the
High Commission of India or the CGI in assessing, granting or refusing any visa
application or for the grant or rejection of any visa application.
6.5 No Liability for Wasted Costs and Expenses
VFS shall have no liability to any visa applicant, or any other person relying
on or benefiting from any visa application, for any commitment, cost or
expenditure incurred in reliance on or anticipation of receiving an Indian
visa, whether within a particular timescale or at all, including but not
limited to air travel, hotel, and other travel and accommodation arrangements,
and any other arrangements made.
VFS recommends that you do not purchase tickets or make bookings which cannot
be cancelled prior to the issuance of a visa, except where it is a specific
requirement stated as part of the visa application, in which case open tickets
should be obtained.
6.6 General Exclusion of Loss and Damage
VFS shall have no liability (including in contract or for negligence)
to any visa applicant, or any other person relying on or benefiting from any
visa application, for any direct, indirect, punitive, incidental, special,
consequential damages or any damages whatsoever, including where caused by
delay, misplacement, loss or damage of visa applications, passports and other
documents, other than as stated in Section 5 above.
VFS shall have no liability (including in contract or for negligence) to any
visa applicant or any other person relying on or benefiting from any visa
application for any loss of profit, revenue, or contract, or business,
profession, or other occupation, including where caused by delay, misplacement,
loss or damage of visa applications, passports and other documents.
7. General
7.1 Third Party Rights
Nothing in these Terms and Conditions shall benefit or be enforceable by any
person other than the visa applicant, and the Contracts (Rights of Third
Parties) Act 1999 shall not apply.
7.2 Changes to these terms
VFS, in its sole discretion, may change, amend, cancel or withdraw any or all
of these terms and conditions at any time without any prior notice.
7.3 Applicable Law
These terms and conditions and any visa applications shall be governed and
construed in accordance with the laws of England and Wales. Any claims or
disputes arising in relation to the services provided by VFS to the applicant
shall be subject to the exclusive Jurisdiction of the courts in England and
Wales.
8. Complaints
Please address any complaints to the complaints department at 60-62 Wilton
Road, London, SW1V 1DE by post