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Terms
& Conditions
VF Services (UK) Limited
India Visa Application
Centre Terms and Conditions (including Disclaimer) Dated
30th September 2008
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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 BY OUR REFUND POLICY
BELOW, FEES ARE NOT REFUNDABLE AND ARE PAYABLE WHETHER
OR NOT A VISA 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.
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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.
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.
No
Cancellation Rights
Once
you have submitted your application you will be taken to have agreed
that we may immediately commence processing you application and
providing any services. 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.
The Visa
Application Service
Scope
The
India Visa Application Centre of VFS is the outsourced partner of
the High Commission of India 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 in
Birmingham and
Edinburgh,
collecting the processed passports from the HCI/CGI, and returning
passports back to applicants.
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.
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, FEES ARE NOT REFUNDABLE, AND IN PARTICULAR FEES ARE PAYABLE
WHETHER OR NOT A VISA IS ULTIMATELY GRANTED.
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..
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.
Processing
Times
The processing times for visas 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.
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.
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.
Refund
Policy
Refund of Visa Application
Fee
If
VFS is in breach of contract or negligent in relation to any visa
application submitted, resulting in the visa 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 amount of the
visa application fee only. The service charges are
non-refundable if applicant chooses to cancel his/her online
application and the bank charges are applicable per
transaction.
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.
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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:
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.
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.
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.
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.
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.
General Exclusion of Loss and
Damage
VFS
shall have no liability 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 due to delay, misplacement, loss or
damage of applications, passports and other documents
other than stated above.
VFS shall have no
liability 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 as a result of loss or
damage of visa application, passport or documents.
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General
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.
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.
Applicable
Law
These terms and conditions and any
visa applications shall be governed and construed in accordance with
the laws of the
United Kingdom. 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 the
United
Kingdom.
Complaints
Please address any complaints to the
complaints department at
60-62 Wilton Road,
London,
SW1V
1DE by post
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