Terms of Service for VISABUERO (“Terms of Service”)
1. Subject-matter of the Relationship, Scope of Application and Amendments to the Terms of Service
1.1 Subject-matter of the Relationship
a) You, the customer, may contact Alcyone Legal GmbH, TechQuartier, Platz der Einheit 2, 60327 Frankfurt am Main, Germany (“VISABUERO”, “we“, “us” and “our“) via our web form by submitting data, including your personal data, information about your case and any supporting documents (collectively, the “Case Information“) regarding an immigration law or visa case in relation to a country of the European Economic Area or Switzerland. After you have submitted the Case Information, you will receive a short confirmation once we have received your data . We may then review the Case Information free-of-charge and send you an email containing a general analysis of your situation and basic strategic possibilities (the “General Advice“). Please note that you are not entitled to such General Advice, that Alcyone has absolute discretion whether it will provide such General Advice and that under no circumstance should the General Advice be construed as legal advice of any kind. The General Advice may include links to our legal services products (e.g., various types of phone consultations with a specialized immigration attorney) that you can directly book and pay on VISABUERO’s website (the “Legal Services Products“). Please note that only after you have booked and paid for one or several of the Legal Services Products, we will forward your data to a specialized immigration lawyer (a “Cooperation Lawyer“) who is able to provide the booked Legal Service Products. The Cooperation Lawyer will then contact you separately to provide the Legal Services Product on the basis of an individual legal services agreement that will be concluded between you and the Cooperation Lawyer (the “Legal Services Agreement“). We will not be party to this Legal Services Agreement and at no time will we provide legal services to you.
b) Please note that VISABUERO is not a representative, public appointed company or in any other way associated with a public agency of the Federal Republic of Germany, especially its Foreign Service and its embassies and outposts, or any other public agency of a country in the European Economic Area or Switzerland. Further note that you always have the possibility to apply for a visa without using our services.
1.2 Scope of Application
a) These Terms of Service shall apply to the entire business relationship between you and VISABUERO.
b) Our offer is not directed at individual persons or legal entities, to whom, due to their nationality, the address of their registered office, or for any other reason, a German, European or foreign law or foreign rule is imputed, which prohibits entering any member state of the European Economic Area or Switzerland (hereinafter “Excluded Persons” and each, an “Excluded Person“). Excluded Persons are not permitted to visit or use VISABUERO’s website. The fact that an Excluded Person accesses this website does not make them an authorized user of our website or services.
1.3 Amendments to the Terms of Service
These Terms of Service may be amended from time to time. Such amendments will not be communicated to you separately as the business relationship between you and VISABUERO will be renewed whenever you use VISABUERO’s services.
2. Remuneration and Costs
a) You do not owe VISABUERO a remuneration for (i) submitting to us your Case Information or (ii) for the provision of the General Advice by us to you.
b) When booking a Legal Services Product, you will owe VISABUERO a remuneration in the amount stated next to the respective Legal Services Product on our website. All Legal Services Products are due to be prepaid in full or in part. If the prepayment covers the total remuneration of the Legal Services Product, no further payment has to be made by you to either VISABUERO or the Cooperation Lawyer. If the prepayment only covers a part of the remuneration, further payments will have to be made to the Cooperation Lawyer under the Legal Services Agreement.
3. Customer’s Duty to Cooperate
For the proper processing of your service requests, you are required to promptly notify VISABUERO of any amendments to your name, address, email, citizenship, telephone number and other essential Case Information.
4.1 Principles of Liability
a) VISABUERO shall undertake its services with the due diligence customary for a prudent business practice.
b) VISABUERO and its agents are only liable for actions and omissions where there is intent or gross negligence, unless VISABUERO or its agents violate a contractual obligation whose violation poses a risk to achieving the purpose of this agreement and adherence to which the customer may trust as a contractual partner (“Material Contractual Obligations”). If VISABUERO or its agents violate any of such Material Contractual Obligations, liability is limited to damages that are typical and foreseeable for a contract of this type. In cases of injury to life, the physical body and health, VISABUERO’s liability is governed by general statutory regulations.
4.2 Exclusion of Liability
Notwithstanding the principles set forth under 4.1 of these Terms of Service, VISABUERO disclaims all liability (including negligence and liability with respect to third parties) for direct, indirect or accidental damage, and for consequential or indirect damage; including loss of profit, or demands and claims by third parties of any kind for contractual, non-contractual, strict liability or any other liability connected with access to the websites, or with the use of information, presentations, links and other communications contained on these websites, or with any acts or omissions resulting from these.
4.3 No Liability for Legal Advice
VISABUERO is not liable for any aspect of the legal advice, including, but not limited to, the Legal Services Product, provided by any Cooperation Lawyer, including, without limitation, under the Legal Services Agreement. VISABUERO confirms, without assuming any liability, that the Cooperation Lawyers have been selected with great care and the due diligence customary for a prudent business practice.
In principle, all communication is carried out as electronic communication (e.g. via VISABUERO’s website or email), but may, on occasion, also be in paper form and/or by phone, depending on the type of transmission, in accordance with these Terms of Service.
6. Data Protection
7. Applicable Law and Partial Ineffectiveness
7.1 Applicable Law
German law, excluding both the law of conflicts as well as the United Nations Convention on Contracts for the International Sale of Goods, shall apply to the business relationship between the customer and VISABUERO.
7.2 Partial Ineffectiveness
Should any one of the present provisions of these conditions be ineffective, annulled, or declared invalid or null and void, the legal validity of the other conditions shall remain unaffected. In such a case, the parties are obliged to replace the ineffective provision by a legally permissible provision that is compatible with the remaining provisions of these Terms of Service and which comes closest to the economic reason of the ineffective provision.