Article 1. Definitions
The following definitions apply in these general terms and conditions:
Client: the other party to Embassy Express
Embassy Express BV, RPR Antwerp 0463.445.016
Issuing authority: the authority, being an embassy, consulate or other, which issues, provides, certifies, apostilles or legalises the documents requested by the client.
Article 2. Applicability of these terms and conditions
2.1 These terms and conditions apply to every offer and every agreement between Embassy Express and a client to which Embassy Express has declared these terms and conditions applicable, as well as to all work performed by Embassy Express for a client or third party, insofar as the parties have not expressly deviated from these terms and conditions in writing.
2.2 These terms and conditions also apply to all agreements with Embassy Express for the performance of which third parties must be involved.
2.3 If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or void, this shall not affect the validity and applicability of the other provisions of these General Terms and Conditions.
Article 3. Quotations
3.1 The quotations made by Embassy Express are without obligation; they are valid for 30 days, unless otherwise indicated. Embassy Express is only bound by the quotations if their acceptance is confirmed in writing by the other party within 30 days.
3.2 The prices quoted in the quotations are exclusive of VAT, fees and shipping, unless otherwise stated.
3.3 The prices stated on the Embassy Express website are subject to inaccuracies and price changes at Embassy Express or third parties.
Article 4. Performance of the agreement
4.1 An agreement is deemed to have been concluded when a client has offered an assignment to Embassy Express and Embassy Express has accepted it in writing or has commenced performance of the agreement.
4.2 If the agreement relates to a visa application or legalisation, Embassy Express will act as an intermediary in the conclusion of one or more agreements between the client and the issuing authority that issues or provides the desired documents. Embassy Express is not responsible for the work performed or the documents issued or provided by the issuing authority at the client’s request. The client is aware that the regulations and rates applied by the issuing authorities are subject to change at any time, and that such changes are at the client’s risk. Embassy Express does not guarantee the accuracy or validity of the documents issued by the issuing authority. The client is obliged to check the documents received from the relevant authority for accuracy and completeness, whereby the client is obliged to contact Embassy Express and/or the issuing authority if necessary.
4.3 Embassy Express will execute the agreement to the best of its knowledge and ability and in accordance with the client’s requirements, whereby Embassy Express only enters into an obligation to perform to the best of its ability and not an obligation to achieve a specific result.
4.4 If and insofar as required for the proper execution of the agreement, Embassy Express has the right to have certain work carried out by third parties.
4.5 The assignment will be carried out on the basis of information provided by or on behalf of the client. The client will ensure that all information that Embassy Express or the issuing authority indicates is necessary, or that the client should reasonably understand to be necessary for the performance of the agreement, is provided to Embassy Express in a timely manner. The client guarantees the accuracy and completeness of the information provided to Embassy Express. Embassy Express is not obliged to check the information provided by the client.
4.6 If the information required for the performance of the agreement has not been provided to Embassy Express in a timely manner or if the request is otherwise incomplete, Embassy Express has the right to suspend the performance of the agreement and to charge the client for the costs incurred by third parties up to that point and any other costs resulting from the delay in accordance with Embassy Express’s usual rates.
4.7 Unless otherwise specified, the shipping and transport costs shall be borne by the client. The goods shall always be shipped at the client’s risk.
Article 5. Contract duration – execution period
5.1 The agreement is entered into for a specific action or a fixed number of actions as specified in the contract for services, unless the parties expressly agree otherwise in writing.
5.2 If a term has been agreed within the term of the agreement for the completion of certain work, this shall never be a strict deadline. If the performance period is exceeded, the client must therefore always give Embassy Express written notice of default.
Article 6. Amendment of the agreement
6.1 If, during the performance of the agreement, it appears that it is necessary to amend or supplement the work to be performed in order to ensure proper performance, the parties will amend the agreement accordingly in a timely manner and in mutual consultation.
6.2 If the parties agree that the agreement will be amended or supplemented, this may affect the time of completion of the performance. Embassy Express will inform the client of this as soon as possible.
6.3 If the amendment or addition to the agreement necessitates an adjustment to the remuneration due to Embassy Express, Embassy Express will inform the client of this in advance if possible.
6.3 If the amendment or addition to the agreement necessitates an adjustment to the remuneration due to Embassy Express, Embassy Express will inform the client of this in advance if possible.
6.4 Contrary to paragraph 3, Embassy Express will not be able to charge additional costs if the amendment or addition is the result of circumstances that can be attributed to it.
Article 7. Defects – complaint periods
7.1 Complaints about the work performed must be reported in writing by the client to Embassy Express within 8 days of discovery, but no later than 14 days after completion of the work in question, on pain of forfeiture of all rights and claims to which the client is entitled.
7.2 If a complaint is justified, Embassy Express will be able to remedy the defect and still perform the work as agreed, unless this has become demonstrably impossible for the client in the meantime. The latter must be communicated by the client in writing, supported by documentary evidence.
7.3 If it is no longer possible or meaningful to perform the agreed work, Embassy Express will only be liable within the limits of Article 11.
Article 8. Embassy Express remuneration
8.1 Embassy Express is entitled to remuneration for its work regardless of whether its intervention has resulted in the conclusion and execution of the agreement between the client and the issuing authority or authorities. In urgent cases, Embassy Express will charge an additional rush fee.
8.2 All amounts stated in Embassy Express’s communications are indicative and exclude VAT, unless otherwise stated.
8.3 In addition to the remuneration for its work, the client is obliged to reimburse Embassy Express for all costs charged by the issuing authority, as well as all other costs necessary for the proper performance of the agreement, including but not limited to postage and/or courier costs, travel expenses and other expenses.
8.4 Embassy Express may, at the express written request of the client, draw up an estimate of the expected costs. These estimates are exclusive of VAT and are not binding, unless otherwise agreed.
8.5 Embassy Express is at all times entitled to pass on price increases by the issuing authority and/or third parties engaged by it to the client. At the client’s first request, Embassy Express will then provide insight into the price increase in question.
Article 9. Payment
9.1 Payment must be made within 30 days of the invoice date, in the manner specified by Embassy Express and in the currency in which the invoice is issued. The payment term of 30 days always applies, unless another term has been expressly agreed in writing.
9.2 After the expiry of 30 days after the invoice date, the client will be in default immediately, without notice of default being required; from the moment of default, the client will owe interest of 1% per month on the amount due, unless the statutory (commercial) interest rate is higher, in which case the statutory (commercial) interest rate will apply.
9.3 In the event of liquidation, bankruptcy, suspension of payments or applicability of the statutory debt restructuring for natural persons of the client, the claims of Embassy Express and the obligations of the client towards Embassy Express will be due and payable without prior notice of default or reminder, and Embassy Express will be entitled to suspend its activities with immediate effect.
9.4 Payments made by the client shall always first be used to settle all interest and costs owed, then the invoices that have been outstanding the longest, even if the client states a different payment reference when making the payment.
Article 10. Extrajudicial collection costs
10.1 If the client fails to fulfil one or more of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the client. In any case, the client shall then owe compensation for extrajudicial collection costs amounting to 15% of the invoice amount including VAT, with a minimum of EUR 100.00.
10.2 If Embassy Express demonstrates that it has incurred costs higher than those referred to in the previous paragraph and that these costs were reasonably necessary to obtain satisfaction out of court, these costs will also be eligible for reimbursement.
10.3 In addition to the extrajudicial collection costs referred to in this article, the client shall owe EUR 25.00 in administration costs for each reminder.
Article 11. Liability
11.1 Embassy Express is not liable for damage caused by Embassy Express or a third party to the client as a result of or in connection with the (non-)performance of this agreement or other services provided by Embassy Express, unless the damage is the result of intent or deliberate recklessness on the part of Embassy Express itself.
11.2 Embassy Express shall never be liable for damage of any kind caused by a) the inaccuracy and/or incompleteness of the information provided by the client, b) the inaccuracy, incompleteness or invalidity of documents provided by the issuing authority; c) the resulting delay d) loss or damage to documents by the issuing authority e) loss or damage during shipment or transport f) any inaccuracies in the information published on the Embassy Express website or otherwise made public by Embassy Express.
11.3 The client indemnifies Embassy Express against all costs and claims of third parties engaged by Embassy Express for the performance of the agreement and of the issuing authority concerned.
11.4 If Embassy Express is liable for damage suffered by the client, Embassy Express will invoke its business liability insurance; the damage is limited to the amount paid out by Embassy Express’s business liability insurer or that of a third party.
11.5 If, in any case, the insurer does not pay out or the damage is not covered by insurance, Embassy Express’s liability shall be limited to the fee charged by Embassy Express for its work in connection with the assignment, or at least that part of the assignment to which the liability relates.
11.6 Embassy Express is never liable for indirect damage, including loss of profit, business interruption, missed travel and loss of a contract or other consequential damage suffered by the client and/or third parties.
Article 12. Force majeure
12.1 Embassy Express has the right to invoke force majeure if an external cause, whether foreseen or unforeseen, prevents (further) performance of the contract for services. Force majeure is in any case understood to mean: strikes at Embassy Express, delays or closure of the issuing authority, non-performance by suppliers or subcontractors of Embassy Express, government measures that make performance temporarily or permanently impossible, and any circumstance beyond the control of Embassy Express that makes performance of the agreement reasonably impossible for Embassy Express.
12.2 Embassy Express’s obligations will be suspended for the duration of the force majeure. If the period during which Embassy Express is unable to fulfil its obligations due to force majeure lasts longer than two weeks, both parties are entitled to terminate the agreement without any obligation to pay compensation in that case.
12.3 If Embassy Express has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfil its obligations, it is entitled to invoice the part already performed or performable separately, and the client is obliged to pay this invoice as if this agreement had been (partially) fulfilled. However, this does not apply if the part already performed or performable has no independent value.
Article 13. Secrecy
Both parties are obliged to maintain secrecy regarding all confidential information that they have obtained from each other or from other sources in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.
Article 14. Applicable law
Any dispute arising from this agreement falls under the exclusive jurisdiction of the courts of the judicial district of Antwerp. Belgian law applies to all agreements and disputes between Embassy Express and the client.