GENERAL TERMS & CONDITIONS CAPAGO

Effective date: 04/10/2023

INTRODUCTION

These general terms and conditions apply to all service users who purchase Capago’s products and/or services in order to submit a visa application to Capago’s client which has mandates Capago for this purpose and specially for the following functions :

ARTICLE 1- DEFINITIONS

In these general terms and conditions, the following terms shall have the meaning specified hereafter:

Additional services refers to the optional and personalised services offered by Capago.
Article refers to any article of these General Terms and Conditions.
Basic Service refers to all mandatory services provided by Capago to process a visa application.
Biometric data Means data concerning the unique identification of an individual, related to fingerprints and identity photos.
Capago Refers to Capago S.A. parent company and/or its subsidiaries and/or affiliated agents
Capago’s website or our website Refers to any digital service provided by Capago, including but not limited to websites (domains and sub-domains), mobile applications and all other digital platforms of Capago
Client refers to any governmental body, diplomatic missions and/or similar organisation that has contracted with Capago for representation and outsourcing services.
GTC Refers to these General Terms and Conditions applicable to Capago’s products and services
Personal Data refers to any information relating to an identified or identifiable natural person.
Service User refers to any individual, group of individuals or mandated third party who purchase a product and/or a service provided by Capago.
SMS Refers to the Short Messaging Service
Visa Application Center or VAC Refers to designated Capago’s offices that provide handling services relating to acceptance and processing of visa applications.
Visa fees Refers to fees charged by Capago to Service users on behalf of the Client.

These definitions are not exhaustive and other definitions may be added hereafter.

The meaning of the defined terms applies to both the singular and the plural of these terms.

The headings used in these GTC have been inserted for ease of reference only and do not affect its meaning or interpretation.

The terms "include", "including", "in particular" and other terms having the same meaning are not restrictive.

ARTICLE 2 - GENERAL SCOPE OF APPLICATION

These GTC are applicable to any and all products and/ or services offered by Capago to the Service user and they cover, without limitation:

ARTICLE 3 - LEGAL CAPACITY OF THE SERVICE USER

The Service user shall have full legal capacity to enter into a contractual and commercial relationship, notably by having the status of a legal adult according to the laws in effect in the country of residence and by not having had his/her legal capacity limited or removed either temporarily or definitively.

It must be noted that Capago has no obligation to verify the full legal capacity of each Service user to enter into such a relationship.

ARTICLE 4 - SUPPLY OF PRODUCTS AND SERVICES

Capago undertakes to use its reasonable endeavours to provide products and/or services depending on the appointment date chosen by the Service user. Capago processes all visa applications with reasonable care and skill in accordance with all procedures prescribed internally and/or by the Client and in force on the day of acceptance by the Service user of these GTC.

However, whilst Capago uses reasonable care to check visa application form and any other additional supporting documents for obvious errors and/or assimilated noncompliance, Capago does not guarantee that all errors and/or assimilated noncompliance will be detected, and does not undertake to verify the authenticity and/or accuracy of any information provided by the Service user. The Service user is solely responsible for ensuring that all information and documentation provided is accurate, true and up to date.

Moreover, by choosing the Additional service and the fill-form assistance, the Service user does not decline the responsibility regarding the authenticity and/or accuracy of any information filled in the form and his/her signature is binding.

Capago guarantees only an obligation of means and not of result, as the decision on the visa application and the delay in processing are at the sole discretion of the Client.

ARTICLE 5 - PAYMENT OF FEES

5.1 - Typology of fees

Fees are composed as follow :

Applicable fees, exchange rates and specific terms and conditions, if any, are listed on our website and updated regularly.

Capago shall not be required to provide any products and/or services if the related fees have not been paid in full.

5.2 - Payment of fees

During the course of the process, the Service user is invited to pay fees by using one or several method of payment including but not limited to :

Available methods of payment are listed on our website and updated regularly.

5.3 - Prepayment

Service users are required to provide a pre-payment to confirm the slot booked for the appointment.

In case of joining the virtual queuing system prior booking an appointment, Service users have the option to prepay fees in advance.

Unless stated otherwise, in both situations the prepayment is non-refundable.

5.4 - Special conditions

Depending on the country of operation, special conditions may apply. For more information, the Service user should refer to the specific section of our website.

5.5 - Applicable exchange rate

Unless otherwise specified on our website and/or communication, fees are expressed and collected in Euro currency. Any fees collected in another currency than euro are converted using an exchange rate conveyed by the Client. This information is posted and updated regularly in the VAC and/or on Capago's website.

Additional banking fees and/or different exchange rates may be applied by the banking service provider of the Service user. Capago is not responsible for these additional charges, if any, and we recommend Service User to check with their banking service providers.

If there are fluctuations in the currency conversion rates, Capago is entitled to request payment for the difference to proceed with processing the Service user visa application.

ARTICLE 6 - COMMUNICATION

6.1- Means of communication

Capago uses different means of communication to the Service user, including but not limited to:

The means of communication shall be available to the Service user from the time of registration on our website until the completion of processing of the application, or such other period as Capago may advise via its website. Capago reserves the right to withdraw this service at any time and without notice.

The subject of the communication includes but are not limited to the following :

By agreeing with these GTC, the Service user confirms to provide an accurate and valid mobile number, email address and/or any other information. The Service user confirms to be the owner and/or the legitimate user of the mobile device, phone, email address or any other appropriate device. The Service user acknowledges that using another person's mobile phone or email address or providing inaccurate mobile phone number or email address, may entail disclosure of the Service user's confidential information which disclosure shall be at the sole risk of the Service user.

If the Service user does not receive communications, Capago should be promptly informed by any means available to the Service user.

The Service user agrees to comply with all instructions we may give concerning the communications, including any security instructions.

6.2 - Usages prohibited

The Service user shall not use (or permit any third party to use) the SMS, his/her email address or any other means of contact, to send any message or communication which is spam, illegal, offensive, abusive, indecent, obscene or menacing or causes annoyance, inconvenience or needless anxiety or infringes the rights of third parties. Capago reserves the right to withdraw the communication services to such Service user if the application does not comply with these GTC.

ARTICLE 7 - RECOMMANDATIONS

Service users bear responsibility to carefully read and understand the requirements set out in visa application forms, complete them truthfully and with correct and accurate information, to provide the correct supporting documentation, to ensure that they have a valid passport (not damaged or expired) as well as to check the validity of the visa issued (including with regard to the period, number of entries, purpose etc) on its receipt. Once the Service user has submitted his/her visa application, it will not be possible to make any changes without cancelling the application.

Service users should consider a reasonable timeline for the processing of their visa applications.

Service Users who upload their supporting documents on Capago’s website, where applicable, shall do it in due course. Documents uploaded less than one week (equivalent to 5 working days) before the appointment date may not receive a first review before this date by Capago. This may lead to document review issues and potential delays in the processing of the visa application. Service users are therefore recommended to upload all required documents in advance to ensure a more efficient application review process.

However, Service users are free to upload only a part of the required documents and bring the rest of them the day of the appointment.

Service user must provide his/her documentation according to the means of communication as specifically instructed by Capago. Capago shall not bear any responsibility if the Service user does not comply with the instruction provided.

Service users are solely responsible for maintaining the confidentiality of their username and password. They agree to immediately notify Capago of any unauthorised use of their username or password.

Capago encourages the Service user to keep a copy of all the documents submitted when applying for a visa, as well as receipts.

ARTICLE 8 - DISCLAIMER

8.1- Decision on the visa application

Service users acknowledge that Capago is solely in charge of processing a visa application and has no bearing and therefore no liability whatsoever regarding the decision made on the visa application by the Client.

Indeed, Capago is only an intermediary between Service users and the Client, and it is neither involved in the process nor is liable or responsible in any manner whatsoever for the grant or rejection of the visa application which is made left to the sole discretion of the Client. A visa application with missing documents may result in a rejection decision or a delay in the processing. Furthermore, the Client reserves the right to request any additional documents, information or items needed to process the visa applications at its sole discretion.

Service user agrees to hold harmless Capago to the fullest extent permitted by law from and against all actions, demands, claims, losses, liabilities, costs (including attorney’s costs and fees), and damages for non-issuance of a visa application arising from or in connection with, including but not limited to, incomplete application forms, incorrectly or falsely completed application forms, inaccurate, incomplete or false information or supporting documentation, and not sending additional documents, information and/or items requested by the Client.

8.2 - Delay in processing

Timeframes for any receipt of decisions on the visa application from the Client are estimates only, based on instruction, information and/or experience with the Client, which are outside of the influence of Capago and cannot be guaranteed.

Subscribing Additional services does not guarantee in any manner whatsoever that the visa application will be expedited or processed quicker by the Client nor to obtain a successful visa issuance.

Therefore, Capago shall not be held liable for any delays in the visa application process and the Service users, by accepting these GTC, hereby acknowledge and agree that no claims regarding the delay in processing and/or the decisions made about the visa application shall be addressed to Capago.

8.3 - Third parties

Capago does not recommend Service users to avail themselves of information, services or products offered by third-party intermediaries, whether physical or legal persons, that are not officially authorised by Capago or are not acting for and on behalf of Capago.

Any personal or non-personal information that the User may disclose to such third-party intermediaries or that the Service user may receive from these third-party intermediaries shall not in any way commit Capago.

8.4 - Documents loss or damage

The Service user acknowledges and accepts that Capago has no control over the Client, nor does it perform any services that come under its exclusive authority. Thus Capago shall not be held liable for any loss of or damage to the documents submitted by the Service user when it occurred during services performed exclusively by the Client.

In some cases the Service User may choose the services of a third party mailing company offered by Capago as an option. The Service user recognises and accepts that this service is performed by a supplier. Capago does not control or operate any shipping company, nor does it control or operate related equipment or services.

Therefore, Capago declines any liability for harm caused to the Service user if his/her documents are delayed/misplaced/lost/damaged by the Client and/or a shipping company, including the transportation of visa applications, passports or any other documents between Capago and the Client or when being returned to the Service User. This limitation of liability applies even if the delay/misplacement/loss/damage arises from negligence, accident or any other cause. Under no circumstances shall Capago or its representatives be held liable for any direct or indirect loss in connection with these delays/misplacement/losses/damage to the Service user’s documents, including his/her passport.

Notwithstanding the aforementioned elements, the sole and exclusive liability of Capago and/or its representatives in the event of the loss or damage of a passport by Capago, is strictly limited to the cost of the fees charged by local authorities to replace the passport under standard renewal conditions. Such a refund is only possible upon presentation of a true receipt issued by the local authorities. The Service user accepts all the terms of this limitation of liability clause.

8.5 - Non collection of documents by the Service User

Upon return from the Client, if the Service user does not collect his/her documents:

8.6 - Force majeure

Capago shall not be considered to be liable in any way for any delay, loss, damage to any passport or any other document or the visa application due to an event outside of the control of Capago including but not limited to any accident, theft, natural calamities, general electricity and telecommunications outages, strikes, riots, protests not arising out of a wilful misconduct of Capago.

8.7 - Communication

The Service user acknowledges that the communication service may, at any time, be adversely affected by problems with the Service user’s mobile phone network, internet connection, force majeure events including, without limitation, interference to the network and internet coverage. Capago does not guarantee the delivery of SMS text messages, emails or any other communication and is not responsible or liable to the Service user for any loss, damage or expenses incurred directly or indirectly by the Service user as a result of any difficulties to contact the Service user.

Moreover, Capago shall not be held responsible for any errors on, without limitation, mobile numbers or email address, which may result in non-receipt or delay of the SMS, emails or any other communication.

8.8 - Biometric data

Capago shall not be held responsible for the quality of the Biometric data enrolled and its acceptance or refusal by the Client. Capago only uses biometric enrolment process and equipment provided or approved by the Client.

Capago shall not be held responsible when instructed by the Client to redo the Biometric enrolment process of the Service user.

8.9 - Indemnity

The Service user agrees to indemnify and hold harmless Capago, its employees, associates, directors, agents, subsidiaries and partners against any complaint or claim, including but without limitation, the costs arising from:

Capago shall not, under any circumstances, be held liable for damages of any kind, including but not limited to, caused directly or indirectly, by accident or coincidence (including but not limited to loss of earnings, interruption of activity or loss of information) arising from, without limitation, the purchase of Capago’s products and/or services.

ARTICLE 9 - REIMBURSEMENT POLICY

In accordance with Capago’s policies, reimbursements differ according to the type of fees: Service fees, Visa fees and additional fees.

9.1 - Service fees

Service fees are paid in advance to Capago by the Service User when booking an appointment or during the virtual queue.

These fees are non-refundable, regardless of :

9.2 - Visa fees

From the moment the visa application is submitted to the Client, Visa fees are non-refundable unless instructed otherwise by the Client. Service users may be eligible for a reimbursement if the request is lodged before his/her visa application is effectively submitted to the Client.

9.3 Additional fees

Additional fees are non-refundable if the related service has been provided to the Service user.

9.4 - Prepayment

Prepayments made by the Service user in order to book or secure a slot for an appointment are non refundable, including when joining the virtual queueing system, regardless of attending the appointment, leaving the virtual queuing system or refusing the proposed slot for appointment.

9.5 - Rescheduling of an appointment

Service users may reschedule or cancel their appointment without additional fees or penalties up to 72 hours before the time of the appointment.

By contacting Capago, Service users are eligible to two (2) requests to reschedule their appointment without additional fees or penalties only.

When the Service user cancels the appointment he/she will have the possibility to get a new appointment time by contacting Capago. Cancellation of an appointment doesn’t qualify the Service user for a refund.

ARTICLE 10 - CANCELLATION OF PROCESSING

Once the fees have been paid, in part or in full, to Capago, the Service user acknowledges that processing begins immediately. As a result, he/she shall not request that it be cancelled with Capago.

Any request for cancellation of the visa application processing cannot be addressed to Capago after the submission of the visa application, i.e. when the visa application has been handed over to a representative of Capago and fees are paid in full. Any request for cancellation must be addressed to the Client. The turnaround time for processing such requests and obtaining the return of the visa application is at the sole discretion of the Client.

Notwithstanding the situations set forth in these GTC, Service users cancelling the processing of their visa application are not entitled to claim for full or partial refund of the fees paid.

ARTICLE 11 - VIOLATIONS AND COMPENSATION

The Service user acknowledges that any violation or attempted violation of one or more of these GTC causes certain and direct harm to Capago and that, as a result, Capago is entitled to seek reparations and compensation.

The Service user also acknowledges that Capago is entitled to seek an injunction from the courts to suspend or terminate the violation or attempted violation of these GTC by the Service user. Capago is entitled to receive compensation for all costs, expenses and damages incurred in obtaining such injunctions against the Service user, including legal fees.

ARTICLE 12 - INTELLECTUAL PROPERTY

Capago shall retain all intellectual property rights in the texts, photos, presentations, illustrations, studies, prototypes, logos, icons, downloadable files, video clips or sound, etc. created and/or used (including at the Service User’s request) for the purposes of providing Basic and/or Additional services.

The Service user therefore agrees not to reproduce or to use said texts, photos, presentations etc. without the express prior written authorization of Capago, for which Capago shall be entitled to request financial compensation.

For more information regarding intellectual property rights on Capago’s website, please refer to the terms of use.

ARTICLE 13 - PERSONAL DATA PROTECTION

Capago collects Personal Data from Service users for the purpose of providing products and/or services, including but not limited to information provided through printed and website application forms, passports and other documents. This information may include names, addresses, contact details, date and place of birth, passport details, employment details, travel details, etc.

Capago only requests, collects and processes Personal Data which is strictly related to the Visa application process.

Therefore Service users hereby consent to the collection, storage, processing and submission of Personal Data by Capago as well as the cross-border transfer of Personal Data should this be required by the visa application process with the Client.

Service users also hereby consent and acknowledge that Capago has the right to forward Personal Data to partners entrusted with the strict performance of any or all services subject to these GTC. For any service not covered by these GTC which may be offered by a third party to the User, Capago shall only share Personal Data if the Service user agrees with it. All third party partners undertake to provide a sufficient level of protection in respect of Personal Data in order to ensure its security.

Service users’ Personal data is also retained and processed separately by the Client in accordance with its data protection policies and procedures.

The Service user’s rights and other specified information regarding the collecting and processing of Service users’ Personal Data are set out by the Privacy Policy published on Capago’s website.

ARTICLE 14 - GOVERNING LAW AND DISPUTE RESOLUTION

These GTC are subject to compliance with the laws of the country where the visa application is filed regardless of the laws and regulations applicable to the processing and issuance of visas.

The Service user accepts the jurisdiction of the courts in the place where the visa application is led, to the exclusion of all others, if the Service user decides to take legal action against Capago in connection with its products, services and website.

ARTICLE 15 - SEVERABILITY

The invalidity or non-enforceability of one or more provisions of these GTC does not impugn in any way the validity and enforceability of the remainder of the provisions. The titles of the articles and sections and subsections are provided only as a reference and do not limit the content of each section.

ARTICLE 16 - NON-WAIVER

Any non-action by Capago against a violation of one or several provisions of these GTC by one or more Service users does not constitute an abandonment of interest or tacit acceptance. Capago reserves the right to take any action it deems useful.

ARTICLE 17 - CHANGES TO THESE GTC

These GTC may be accessed and viewed on Capago’s website at any time. No employee, agent, affiliate structure or contract partner of Capago has the authority to change, modify, supplement or diminish the present terms and conditions without prior written consent from Capago.

All changes, amendments, amplifications or withdrawals to or of these GTC from time to time shall be published on ourwebsite. Unless otherwise stated, these amended GTC shall take effect immediately and prevail over any previous version and/or over any other conflicting documents.

ARTICLE 18 - GENERAL

The Service user hereby accepts and confirms that he/she, prior to submitting the visa application, has read, understood and agreed to be bound by, without limitation or qualification, all of the terms, conditions and details provided herein.

For any additional questions or requests relating to these GTC, please write to us by email at: contact@capago.eu.