By using this website and the services of e-Visa.ie you expressly and unambiguously agree to these general terms and conditions.
- 1. Definitions
- 2. Applicability
- 3. General
- 4. Application Services General
- 5. Payments
- 6. Liability and Indemnity
- 7. Intellectual Property Rights
- 8. Dissolution of the Agreement
- 9. Force Majeure
- 10. Right of Revocation and Cancellation Policy
1.1. In these General Terms and Conditions the following terms are defined as:
1.1.1. e-Visa.ie: a trade name of Digital Visa Systems B.V., statutorily seated at Amroth 14A, 5663 RD, Geldrop, with Dutch C.C number 72110449 and VAT number NL858988914B01.
1.1.2. Website: the website e-Visa.ie.
1.1.3. Travel Authorisation: a (digital) document which confirms that a Traveller can enter a country, such as a(n) (e-)visa, eTA or ESTA.
1.1.4. Government Office: the official authority which is authorised to issue a Travel Authorisation, such as a consulate, embassy or immigration service.
1.1.5. Customer: any natural or legal person making use of the Website and/or giving an Order to e-Visa.ie.
1.1.6. Traveller: any person for whom Customer tries to apply for a Travel Authorisation at a Government Office by giving an Order.
1.1.7. Order: the order of Customer to e-Visa.ie to provide an Application Service.
1.1.8. Application Service: the service which e-Visa.ie provides to Customer, which consists of e-Visa.ie in its capacity as service provider and intermediary on behalf of all Travellers, submitting an application for a Travel Authorisation to a Government Office, using data and documents supplied to e-Visa.ie by Customer by means of an Application Form or otherwise.
1.1.9. Application Form: a form on the Website with which Customer gives an Order.
1.1.10. Order Confirmation: an e-mail sent by e-Visa.ie to Customer, in which e-Visa.ie confirms that the full payment belonging to the Order as well as all data and documents required by e-Visa.ie to provide the Application Service have been received in good order by e-Visa.ie.
1.1.11. Delivery time: the duration between the moment that Customer receives an Order Confirmation and the moment that the Government Office approves or rejects the applied for Travel Authorisation.
2.1. These General Terms and Conditions are a part of all Orders of Customer to e-Visa.ie, and apply to all (other) acts and legal acts between e-Visa.ie and Customer, even when those (legal) acts do not lead to or are not related to an Order.
2.2. Deviating stipulations and any general or purchase conditions of Customer shall only apply if and insofar as they have been expressly accepted in writing by e-Visa.ie.
2.3. If deviating stipulations have been agreed on with certain subjects regulated by these General Terms and Conditions, these General Terms and Conditions shall remain in effect for the rest.
2.4. If one or more provisions of these General Terms and Conditions are null and void or should be annulled, the remaining provisions shall continue to apply.
2.5. These General Terms and Conditions and all Application Services are governed by Dutch law, except if Customer is a consumer and the laws of the country of residence declare a different law applicable.
2.6. Any disputes will be dealt with in the court of the district of Oost-Brabant, the Netherlands, except if Customer is a consumer and the laws of the country of residence dictate a different place of jurisdiction.
2.7. The European Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts and service contracts. More information can be found here: http://ec.europa.eu/consumers/odr/. e-Visa.ie is not required nor prepared to take part in a dispute settlement procedure before a bureau for consumer dispute settlement.
3.1. This websites reserves the right to make typing and spelling mistakes.
3.2. Written correspondence can take place by letter or e-mail.
3.3. e-Visa.ie is not in any way part of any Government Office.
4.1. By clicking on the button “Confirm application” at the bottom of the Application Form:
4.1.1. Customer gives an Order and Customer enters a purchase and payment obligation,
4.1.2. Customer declares that all Travellers have given their express permission to Customer to purchase an Application Service with e-Visa.ie of which they are part as Traveller, of which Customer can provide proof at the first request of e-Visa.ie,
4.1.3. Customer declares that all Travellers have expressly confirmed that they have read or have had read to them all the questions in the Application Form relating to them, as well as the explanations to these questions, as well as all statements to which these questions relate, including always the statements “General Terms and Conditions” and “Required Privacy Consent (GDPR)”, as well as the filled in answers to all these questions, that they have understood all these questions and that all these questions have been answered fully and truthfully,
4.1.4. Customer declares that Customer as well as all Travellers have explicitly confirmed that they indemnify e-Visa.ie against any claims, sanctions and criminal prosecution from authorities, including the Government Office, if it appears that Customer and/or Travellers have consciously or unconsciously supplied incorrect, incomplete or fraudulent data and/or documents to e-Visa.ie and/or the Government Office.
4.1.5. Customer declares that all Travellers have expressly confirmed that they understand and accept that previously applied for and/or granted Travel Authorisations for the same destination may lose their validity as a result of being overwritten by the new application set in motion by means of the Application Form.
4.1.6. Customer declares to understand and accept that after the payment associated with the Order has been made no further changes can be made to the data entered by Customer in the Application Form, unless e-Visa.ie expressly states otherwise at a later time.
4.2. An Order can only be considered as accepted after Customer has received an Order Confirmation.
4.3. Delivery times as communicated through the Website or otherwise are always indicative, are always averages, are expressly not maxima and are expressly not guaranteed, unless explicitly stated otherwise. e-Visa.ie cannot in any way influence the speed with which the Government Office processes the application for a Travel Authorisation. It may happen that the Government Office takes considerably longer to approve the application for a Travel Authorisation than the average time required by the Government Office for this purpose, as a result of which the Delivery Time may also be considerably longer than the average Delivery Time communicated by e-Visa.ie through the Website or otherwise. For example, but not exclusively, if the Government Office carries out an extensive random background check or if the Government Office at any time requests additional or improved documents and/or data to be provided (see also paragraph 4.4) or otherwise requests further cooperation from Travellers (see also paragraph 4.5).
4.4. If at any time the Government Office requests that additional or corrected data and/or documents from Travellers be supplied, Customer shall ensure that these are supplied in accordance with the instructions of the Government Office and/or e-Visa.ie, as soon as possible after Customer and/or Traveller have been informed of this by the Government Office and/or e-Visa.ie. The period of time between the moment at which the Government Office makes it known in any way that additional or corrected data and/or documents are required up to and including the moment at which these are delivered to the Government Office in good order by Customer or e-Visa.ie is not included in the average Delivery Times communicated by e-Visa.ie through the Website or otherwise, unless expressly stated otherwise.
4.5. If, at any time, the Government Office requests further cooperation from Travellers, including, but not limited to, appearing at a desk of the Government Office to verify an identity, take biometric data and/or provide further explanation, Travellers shall take care of this themselves. In this case, e-Visa.ie will not act as an intermediary; communication will then take place directly between Travellers and Government Office and/or between Customer and Government Office. The period of time between the time at which the Government Office makes this request known and the time at which the Travellers have fully complied with this request is not included in the average Delivery Time communicated by e-Visa.ie through the Website or otherwise, unless expressly stated otherwise.
5.1. The prices mentioned on Website are including VAT.
5.2. Customer is obliged to reimburse e-Visa.ie for all extrajudicial and judicial costs, including reasonable costs for legal assistance in or outside proceedings, if Customer has not paid the amount due even after at least three payment reminders.
5.3. Customer is not entitled to set off a claim on their part against a claim from e-Visa.ie, unless this is granted to them on the basis of a final and conclusive judicial or arbitral award.
5.4. Customer is not entitled to suspend their obligations, unless Customer submits the dispute to the competent court within thirty days after the obligations in question become due and payable.
5.5. If the Government Office implements a price increase of the Travel Authorisation between the moment when Customer issues an Order and the moment when e-Visa.ie has provided the Application Service in full, e-Visa.ie is entitled to pass this price increase on to Customer, without Customer in that case being entitled to cancel the Order.
6.1. The decision made by the Government Office as to whether or not to grant a requested Travel Authorisation depends on circumstances beyond the control of e-Visa.ie. e-Visa.ie can therefore expressly not guarantee that the activities that fall within the scope of the Application Service will with certainty lead to the granting of a Travel Authorisation by the Government Office.
6.2. Even if the Government Office has granted a Travel Authorisation for a Traveller, e-Visa.ie can expressly not guarantee that this Traveller will actually be able to enter the country for which the Travel Authorisation has been granted and stay there as long as could be expected on the basis of information from e-Visa.ie and/or the Government Office. Many international transport companies, as well as authorities in and from the country from which the Traveller is travelling, are entitled to refuse Travellers entry to a country and/or to deport them from a country without needing to provide a reason. For example, but not exclusively, if it is suspected that the Traveller poses a risk to safety, law enforcement or public order, and/or if it is established at any time that Customer and/or Traveller(s) have consciously or inadvertently supplied incorrect, incomplete and/or fraudulent information and/or documents to e-Visa.ie, the Government Office and/or other authorities.
6.3 If e-Visa.ie has provided an Application Service which has not resulted in the Government Office granting a valid Travel Permit for each Traveller, within or after the average Delivery Time communicated by e-Visa.ie through de Website or otherwise, e-Visa.ie has to its best efforts complied with its obligations. This applies for example, but not exclusively, to these situations:
6.3.1. Customer has acted contrary to article 4 of these General Terms and Conditions.
6.3.2 The Government Office rejects an application for a Travel Authorisation, regardless of whether the reason for this has been made known by the Government Office and regardless of what the reason is.
6.3.3. The Government Office grants a Travel Permission that is not valid as a result of consciously or inadvertently incorrect, incomplete or late information and/or documents provided by Customer, by means of the Application Form or otherwise.
6.3.4. The Government Office needs more time than normal to assess the application for a Travel Authorisation. For example, but not exclusively, in the event that the Government Office carries out an extensive random background check, in the event that the Government Office at any time requests additional information and/or documents from Travellers and/or in the event that the Government Office requests Travellers at any time to appear at a desk to verify their identity, to take biometric data and/or to provide further explanation.
6.3.5. e-Visa.ie has not or not noticed on time that Customer has not supplied all data and/or documents required for the execution of the Application Service completely, correctly and in accordance with the instructions of e-Visa.ie and/or the Government Office. e-Visa.ie has detected many input and delivery errors in the past and has corrected them on time, but can expressly not guarantee that input and delivery errors made by Customer will at all times be detected (on time), not even if e-Visa.ie has confirmed to Customer and/or Travellers by e-mail or otherwise that all necessary data and/or documents have been received in good order.
6.4. Only if the Government Office rejects an application for a Travel Authorisation, despite the fact that e-Visa.ie has carried out the Application Service in full and has therefore fulfilled their obligations, will a refund be made out of courtesy, limited to the amount paid by Customer to e-Visa.ie and related to the Traveller or Travellers for whom the application for a Travel Authorisation has been rejected. This refund will only take place if the Traveller(s) in question has never previously had an application for a Travel Authorisation rejected by the same Government Office.
6.5. e-Visa.ie is not liable for any direct or indirect damage of Customer, Traveller(s) and/or third parties, including consequential damage (such as loss of revenue or profit, costs of (new) Travel Authorisations, costs of airline tickets, costs of overnight stays, etc.), immaterial damage, trading loss or any other damage whatsoever arising from the use of the Website and/or an Application Service, even in the situations described in sections 6.1, 6.2, 6.3, 6.3.1, 6.3.2, 6.3.3, 6.3.4 and 6.3.5, unless such damage is caused by intent or wilful recklessness on the part of e-Visa.ie.
6.6. Should e-Visa.ie nevertheless be liable for damage which has occurred, then this liability shall in any case be limited to the amount invoiced to and paid by Customer to e-Visa.ie for the provision of Application Services in the year in which the damage-causing event occurs.
6.7. If e-Visa.ie suspects that Customer has submitted a fraudulent Order, including identity fraud or the deliberate use of incorrect or incomplete information and/or documents, e-Visa.ie shall report this to the competent authorities, including the relevant Government Office.
6.8. If Customer discovers that e-Visa.ie has failed in the execution of the Application Service, Customer must notify e-Visa.ie of this immediately, but at the latest within 30 days after this finding, stating reasons, in writing. If necessary, e-Visa.ie will be given a reasonable period of time by Customer to remedy the shortcoming if possible.
6.9. e-Visa.ie devotes a great deal of care to the completeness, reliability and topicality of the information provided to Customer through the Website, e-mail and otherwise. However, inaccuracies and incompleteness may occur. e-Visa.ie does not guarantee that the information provided is correct, complete, up-to-date and/or suitable for a particular purpose. e-Visa.ie therefore accepts no liability whatsoever for damage resulting from the use of the information offered.
6.10. If information from e-Visa.ie indicates that a Traveller is entitled to a Travel Authorisation, this information is only indicative, until the Traveller has actually obtained the relevant Travel Authorisation from the Government Office.
6.11. e-Visa.ie makes every effort to protect its Website and other digital communication channels as well as possible against viruses, hacks, phishing, spam, etc. In addition, e-Visa.ie will take appropriate security measures to protect the Website against the risks of unauthorised access to or alteration, destruction or loss of the data entered by Customer through the Website, but e-Visa.ie cannot guarantee this. Therefore, e-Visa.ie cannot be held liable for this, except in the case of gross negligence or intent on the part of e-Visa.ie.
6.12. Customer shall make every effort to ensure proper security for their part of the communication from and to the Website, including the hardware, software and internet connection used to communicate with e-Visa.ie.
6.13. e-Visa.ie shall treat (personal) information and documents provided by Customer as completely confidential and shall not provide them to third parties, such as commercial parties, other than what is necessary to carry out its Application Service, unless Customer has explicitly agreed in advance to the use of his or her information for a different (commercial) purpose.
6.14. e-Visa.ie is entitled to save data and documents of Customer and Traveller(s) for a short period of time insofar as this is necessary for the execution of the Application Service and/or as proof of the execution of the activities.
6.15. e-Visa.ie will, when processing and storing data and documents provided, act in accordance with the General Data Protection Regulation (GDPR) and other applicable laws and regulations regarding the protection of personal data.
6.16. The Website contains outgoing links to websites of third parties, which are not controlled by e-Visa.ie. e-Visa.ie cannot exercise any permanent control over these third-party websites, nor accept any responsibility or liability for their content. Therefore, e-Visa.ie cannot be held liable for this content.
6.17. When entering or leaving a country, Travellers may be asked for other documents in addition to proof of a granted Travel Authorisation, including, but not limited to, proof of medical insurance(s), liability insurance(s), travel insurance(s), inoculations, vaccinations, medication and/or authorisation form(s) with which the person(s) with parental authority allows a minor child to travel. Travellers are responsible for finding out which documents are required and bear the costs of obtaining these documents themselves. Travellers are also at all times personally responsible for the costs of health services such as hospital admissions, doctor's visits and ambulance transport during their stay in the country for which they have applied for a Travel Authorisation with the help of an Application Service.
7.1. Customer shall not infringe (nor allow or enable third parties to infringe) on any intellectual property rights of e-Visa.ie with regard to the content of the Websites, including texts, images and software, for example by copying, editing or reproducing them.
8.1. In the event that Customer fails to fulfil any obligation which flows forth from any Order and/or Application Service properly or within a set term or otherwise in a timely manner, Customer shall be in default and e-Visa.ie shall be entitled, without notice of default or judicial intervention being required, to dissolve the Order and/or Application Service and directly related Orders and/or Application Services in whole or in part; all this without prejudice to the other rights of e-Visa.ie under any Order and/or Application Service with Customer and without e-Visa.ie being obliged to pay any compensation.
8.1.1 If Customer does not supply all data and/or documents which e-Visa.ie needs to perform the Application Service in good order within one month after the first request by e-Visa.ie is made, the Application Service will be stopped. This means that at that moment, e-Visa.ie will remove all data and/or documents previously supplied by Customer. If e-Visa.ie has at that moment paid the costs for this Application Service to a Government Office, e-Visa.ie has fulfilled its best effort obligation and Customer cannot claim any form of reimbursement of costs paid to e-Visa.ie for the Application Service concerned.
9.1. In the event of force majeure, e-Visa.ie is authorised to suspend the execution of the Application Service without judicial intervention, without e-Visa.ie being obliged to pay any compensation.
9.2. Force majeure is understood to mean: any circumstance on the basis of which (further) execution of the Application Service and/or Order can no longer reasonably be demanded by Customer, including, among other things, non-compliance on the part of suppliers of e-Visa.ie This includes, among other things, the failure of suppliers of e-Visa.ie to comply with their obligations, fire, government measures, water nuisance, strike, work stoppages, exclusion, impeding weather conditions, the (temporary) unavailability of hardware, software and/or internet or other telecommunication connections which are necessary for the execution of the Application Service, as well as any other situation over which e-Visa.ie cannot exercise (decisive) control, all this both in the company of e-Visa.ie and in the company of third parties or Government Office involved in the Application Service.
10.1 If Customer is a consumer and lives within the European Union, Customer has a legal right of revocation when entering into a distance purchase, about which e-Visa.ie hereby informs you. In the case of a service agreement, which refers to an Application Service, the right to revocation lapses when the service has been provided in full and the performance of the service has only started after Customer has expressly agreed to this and at the same time confirmed to understand and accept that Customer loses their right to revocation after the full performance of the service. Customer is expressly asked in the Application Form whether Customer wishes to declare that e-Visa.ie already start performing the Application Service during the revocation period and that Customer waives their right to revocation as soon as e-Visa.ie has submitted the application for the Travel Authorisation(s) to the Government Office and has therefore provided the Application Service in full. Further exceptions to the right to revocation are regulated in Section 10.2. Section 10.3 contains a sample revocation form.
Revocate your Order
You have the right to revoke your Order within fourteen days, calculated from the moment that e-Visa.ie has received your payment, without giving reasons, unless the Application Service has already been provided in full and you have expressly stated in the Application Form that you wanted e-Visa.ie to start performing the Application Service already during the revocation period and that you therefore wanted to waive your right of revocation as soon as the Application Service has been provided in full. In order to exercise your right of revocation, you must inform
Digital Visa Systems B.V.
5664 RD Geldrop
207 Regent Street, 3rd Floor
W1B 3HH London
Phone: +44 20 4524 5523
of your decision to revoke your Order by means of a written statement (e.g. an e-mail or by post). For this purpose, you can use the example of a revocation request under Section 10.3, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notice of exercise of the right of revocation before the end of the revocation period.
Consequences of your revocation of the Order
If you revoke the Order, e-Visa.ie shall reimburse you for all payments received from you, including the shipping costs (with the exception of any additional costs that may result from your choice for a type of delivery other than the cheapest standard delivery offered by e-Visa.ie), immediately and at the latest within fourteen days of receipt of notice of your revocation of the Order. For this reimbursement, the means of payment that you also used for the original transaction will be used, unless explicitly agreed otherwise with you; under no circumstances will this reimbursement be charged to you.
10.2 If you have requested that the Application Service commence before the expiry of the revocation period, you shall pay e-Visa.ie a reasonable amount corresponding to the part of the services already provided at the time that you notify e-Visa.ie of the exercise of the right to revocation in relation to this agreement, in comparison with the total amount of the services provided in the agreement.
10.3 e-Visa.ie provides a sample letter for the revocation of an Order, in accordance with the statutory provisions, as follows:
Example letter for the revocation of an Order
If you wish to revoke your Order, you can use the example letter below. Fill in the details in [brackets], sign the letter and send it by post to Digital Visa Systems B.V. (e-Visa.ie), Amroth 14A, 5664 RD Geldrop, The Netherlands, or by email to
I hereby, on [fill in the current date here], revoke my Order. This concerns the order number [enter your order number here, you will find this in your transaction statement as well as in the Order Confirmation]. I have given this Order on [fill in the date on which you have made the payment belonging to this Order to e-Visa.ie]. My full name is [fill in your full name here] and my address is [fill in your address details here, as you also filled them in on the Application Form].