General Terms and Conditions
Only the German version of these General Terms and Conditions is binding. The English version is for information purposes only.
Scope of application
The following General Terms and Conditions govern access to and use of all content, products and services provided by MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR, Weyertal 109, Gateway Workspace in 50931 Cologne Germany.
Our General Terms and Conditions apply to all uses and services on www.visaflow.app. In addition, our privacy policy [https://www.visaflow.app/company/privacy-policy] applies.
The version of the GTC that applies at the time when the user concludes the contract with MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR is always decisive for the contract.
NO LEGAL ADVICE / NO LEGAL SERVICES
The content and services offered by MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR do not constitute legal advice in individual cases. They cannot replace individual case advice and are not intended to do so, but merely serve to provide information and organisation on relevant general topics relating to visas, residence and relocation to Germany. MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR will not carry out a legal examination of a specific individual case.
3. CONCLUSION OF CONTRACT
3.1 In order to use the application, the user must first register. To do this, the user must first create an account with the relevant data and agree to the terms of use. A contract is concluded by using the application.
3.2 There is no entitlement to the conclusion of a licence agreement or other services. MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR reserves the right to refuse registration and the conclusion of a subscription without giving reasons. The data requested during registration and when booking further services must be provided completely and truthfully.
3.3 MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR is authorised to make changes to the content or functionalities (e.g. through patches, updates or modifications) of the services that are reasonable taking into account the interests of the user. MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR shall also be authorised to have parts or all of the services provided by third parties, in particular subcontractors.
4. PERFORMANCE
4.1 The service provided by MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR is subject to a fee. The scope of services provided by MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR includes the use of an application that enables users to prepare, track and manage their entry and stay in Germany.
4.2 The user can also familiarise himself with the services of service providers such as insurers, blocked account providers and other providers (hereinafter "the service providers") via the application. It is not possible to contact the service providers via the application. In order to contact the respective service provider, the user must either contact the respective service provider himself or via a link provided in the application (hereinafter "external links"). With regard to the warranty, section 10.2. The General Terms and Conditions or contractual terms and conditions of the respective service provider apply to the use of the service of the service provider.
MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR does not provide any infrastructure for the co-operation between the user and the service providers.
MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR is also not involved in the execution of the contracts between the user and the service provider and has no influence on these services. Furthermore, the service providers published in the application are not checked by MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR and do not represent any information provided by MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR.
The provision of the service as well as the quality and liability for the services provided shall be the responsibility of the service provider. MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR does not provide any services within the scope of the services provided by the service providers.
5. Obligations of the user
An essential contractual obligation of the user is that all information provided by the user is correct, accurate, up-to-date and complete. In addition, the user is obliged to request information from the German diplomatic mission or immigration authority responsible for him/her, in particular about the necessary documents, procedures and options for making appointments. It is the responsibility of the user to collect and check the correct information according to their individual circumstances.
6. AVAILABILITY
6.1 MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR shall make the application available to the user 24 hours/day and 365 days/year for 99% of the annual average. Planned maintenance times and downtimes that are not due to a breach of duty by MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR, such as attacks on MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR systems by third parties, hardware failures through no fault of MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR or cases of force majeure, as well as related unplanned maintenance work, shall not be taken into account. Maintenance work, further development or malfunctions may restrict or temporarily interrupt the possibilities of use. This may also result in loss of data. If possible, MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR will inform the user of planned maintenance work in good time. Planned maintenance work will affect the availability of services for a maximum of 10 hours in a calendar month.
6.2 MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR shall provide the services solely on the basis of the application. Errors or malfunctions outside the sphere of influence of MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR shall not be subject to the performance obligation of MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR.
6.3 The user shall remain obliged to pay the corresponding remuneration in the event of errors or faults not attributable to MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR.The user is responsible for creating, maintaining, operating and, if necessary, updating a sufficiently dimensioned hardware and software environment for using the services.
7. RIGHTS OF USE
MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR grants the user the simple, non-exclusive right to use MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR, limited in terms of space, time and content. The user may only use content that he has retrieved or downloaded from MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR for his own use. The user is authorised to use content created and made available for download by MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR beyond the term of the contract for further use. Any other use, in particular the systematic transfer and/or sale of content to third parties, is excluded. Any other rights of use shall end if the user deletes his/her account or cancels the corresponding services.
8. TERM AND CANCELLATION
The licence agreement for the application begins with registration in accordance with Section3.1 and has an unlimited term. The user may terminate the licence agreement at any time. If the user has taken out a subscription before cancelling the user contract, the cancellation shall not take effect until the subscription has been fully executed, cancelled or otherwise terminated. In the event of cancellation, the account shall be maintained for as long as is necessary for the processing of subscriptions that have been concluded.
9. DATA PROTECTION
9.1 MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR shall use the personal data voluntarily provided by the user in the context of using the services exclusively in compliance with the provisions of the German Federal Data Protection Act (BDSG), the German Telemedia Act (TMG) and the General Data Protection Regulation (GDPR).
9.2 The privacy policy can be accessed here [https://www.visaflow.app/company/privacy-policy].
10. LIABILITY
10.1 MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR shall only be liable for intent and gross negligence. In the event of a slightly negligent breach of an obligation, the breach of which jeopardises the achievement of the purpose of the contract or the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may rely (hereinafter: cardinal obligation), liability is limited to foreseeable damage typical for the contract. The foreseeable damage typical for the contract shall not exceed the contract value of one year.
10.2 The exclusions and limitations of liability set out in clause 9.1 shall not apply in the event of the assumption of express guarantees, in the event of claims due to the absence of warranted characteristics and for damages resulting from injury to life, limb or health and in the event of mandatory statutory provisions. The limitations set out in clause 9.1 shall also not apply in the event of default by MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR for claims for default interest, for the default lump sum pursuant to Section 288 (5) BGB and for compensation for the damage caused by default, which is based on the costs of legal action. Claims under the Product Liability Act shall remain unaffected by the provisions of this clause 9.
10.3 Insofar as MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR provides services without remuneration, MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR shall be liable in accordance with the above clause. 9.2.
10.4. The liability provisions of sections 9.1, 9.2 and 9.3 shall also apply in favour of the legal representatives and vicarious agents of MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR if claims are asserted directly against them.
10.5. For services provided by service providers within the meaning of clause 4.2 MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR accepts no liability for services provided by service providers within the meaning of section 4.2. We recommend discussing the terms of liability directly with the respective service provider.
10.6. Any further liability on the part of MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR is excluded.
11. WARRANTY
11.1 MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR will maintain and update the application with the care customary in publishing. MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR accepts no liability for the correctness, completeness and accuracy of the content, documents and other services. None of the services offered by MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR itself constitutes a legal service within the meaning of the German Legal Services Act (RDG).
11.2 The application uses external links. These are provided by MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR with the authorisation specified in section 10.1 as described in section 10.1. MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR accepts no liability for the correctness, completeness and accuracy of the content, documents and other services.
12. RIGHT OF WITHDRAWAL
12.1 Consumers have a statutory right of cancellation when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. In para. 11.2 you will find a sample cancellation form.
Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason.The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.To exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, but this is not mandatory.To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
12.2 The provider provides the following information about the model cancellation form in accordance with the statutory provisions:Sample cancellation form (If you wish to cancel the contract, please complete this formand send it back to info@visaflow.app). - Please send the name, address and, if applicable, fax number and e-mail address to [here].E-mail address of the entrepreneur to be inserted by the entrepreneur]:- I/we (*) hereby revoke the contract concluded by me/us (*)concerning the purchase of the following goods (*)/ the provision of the following servicesService (*)- Ordered on (*)/received on (*)- Name of the consumer(s)- Address of the consumer(s)- Signature of the consumer(s) (only for notification on paper)- date(*) Delete as appropriate
13. ONLINE DISPUTE RESOLUTION
MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR hereby refers to the Online Dispute Resolution (OS) page of the European Commission with the following link:https://ec.europa.eu/consumers/odr/
MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR is not responsible for the content of this site or for the possibility of lodging a complaint via this site.
MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR is neither willing nor obliged to participate in the online dispute resolution procedure.
14. APPLICABLE LAW
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws. If the user (consumer) has his habitual residence in the EU, he also enjoys the protection of the mandatory provisions of the law of his country of residence.
15. FINAL PROVISIONS
15.1 Amendments to these terms of use must be made in text form. There are no collateral agreements.
15.2 MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR reserves the right to amend these Terms of Use at any time without stating reasons, unless the amendment is unreasonable for the user. MEYER, NAUHEIMER, WARD, KLING VISAFLOW GBR shall notify the user of any changes to the Terms of Use by e-mail without delay. If the user does not object to the validity of the amended terms of use within a period of four weeks after receipt of the amended terms of use, the amended terms of use shall be deemed to have been accepted by the user.
15.3 The authoritative contractual language is German; this also applies to non-binding translations of these terms and conditions.
15.4 Offsetting against counterclaims of the user is only permitted if these counterclaims are undisputed or have been legally established.
15.5 Should individual clauses of these terms and conditions be or become invalid in whole or in part, the remainder of these terms and conditions shall remain valid. In the event of such invalidity, the invalid provision shall be replaced by the statutory provision.