General Terms and Conditions of HD Solutions GmbH
1.1 The general terms and conditions between HD Solutions GmbH (hereafter “we”) and the customer are immediately effective when the respective contract for an ETIAS application is concluded.
Only individual orders concluded and agreed upon separately are valid for the consultation and processing of any visa or travel authorization outside the ETIAS application. We will gladly send it to you separately before the contract is concluded.
1.2 Terms and conditions of the customer which are contrary to or deviate from these general terms and conditions are not recognized unless we have explicitly agreed to their validity in writing. Our general terms and conditions also apply when we unconditionally carry out the service despite being aware of the customer’s terms that are contrary and deviating from our terms of business.
2.1. Conclusion of the Contract
2.1.1 Our described service offer in newspapers, the internet, etc., does not constitute a legally binding offer. The customer enters into a legally binding contract with the digital submission of an ETIAS application over the website etiastravel.com.
2.1.2 When applying online, the customer's order will only be executed after the customer fills in his data and clicks on the “apply now” button. During the ordering process, customers can correct their data at any time by clicking on the “back” button. As long as the customer has not clicked on the “apply now” button after filling in the application, they can quit the entire application process at any time.
2.1.3 When the customer submits their application at etiastravel.com, they will immediately receive an email from us confirming the submission of their application. This receipt of the order is sent to confirm that it has been submitted to us, but it is not a binding acceptance of the order.
2.1.4 A contract is only concluded when the order is confirmed by us in text or when the application form is processed. In this respect, the customer waives their right to a separate declaration of acceptance in accordance with § 151 S. 1 BGB (German Civil Code). The order confirmation can be comparable with the receipt of the order.
2.1.5 When applying online, the contractual text will be saved by us.
2.2 Cancellation Policy
2.2.1 Right of Revocation The customer can withdraw from the contract in text form (e.g., letter, email) within two weeks without providing a reason. The two-week period begins once the customer receives a receipt of the cancellation policy in text form. However, not before the conclusion of the contract and not before we fulfill our obligation to provide information following § 312 c para. 2 BGB i. V. m. § 1 para. 1, 2, and 4 BGB-InfoV, as well as our duties per § 312e para. 1 Sentence 1 BGB in connection with § 3 BGB-InfoV (German Civil Code). The customer must withdraw from their contract within the specified period to ensure the cancellation of their contract. To cancel, contact:
HD Solutions GmbH
Danckelmannstr. 9
14059 Berlin
Germany
Telephone: +49 (0)30-511 0 511
2.2.2 Revocation Consequences
If the contract is successfully withdrawn, the mutually received services will be returned, and any benefits derived from them (e.g., interest). If the customer cannot return the received service in total and only partially or in a deteriorated state, they must render compensation for the value of the service. For the payment to be reimbursed, all obligations must be satisfied within 30 days. The 30-day period starts with the cancellation notice for customers and the receipt of the cancellation notice for us.
2.2.3 Special Condition The customer’s right to cancel expires prematurely if we start performing services explicitly agreed upon before the end of the cancellation period or services the customer initiated themselves (e.g., download).
By clicking on the “apply now” button and activating the checkbox beforehand, the customer gives his express consent and accepts the early expiration of his right of withdrawal.
2.3 Scope of Service
2.3.1. We facilitate the customer in applying for the electronic travel authorization ETIAS. We are not liable for granting the customer a travel authorization. The immigration authorities are the sole authority responsible for making this decision.
2.3.2 The data the customer shares with us will be submitted on time in the appropriate form to the authorities as stipulated. Insofar as we receive a receipt of submission or access to the application, as well as the status of the ETIAS application by the responsible authorities, we will contact the customer with this information.
2.3.3 We explicitly point out that it is only possible to submit an ETIAS application if the customer sends us all the required documents and complete data before the deadline ends, as requested. If the customer fails to share all requested data with us, the submission of an ETIAS application is not possible.
2.3.4 If it is not possible to submit the customer's application for an ETIAS to the responsible authorities due to unforeseeable circumstances or a force outside of our control – like war, embargo, breakdown of (electronic) communication lines, technological limitations, a change in the relevant laws affecting the respective ETIAS program or how applications are submitted – both parties have the right to withdraw from the contract. In the case of contract rescission, the customer must pay a € 20 processing fee for any incurred expenses. Both parties in the contract have the right to provide evidence of lower or higher expenses.
2.4 Obligations of the Customer
2.4.1. The customer is required to provide us with all the necessary information and materials (e.g., photos) in the form and quality requested by us before the deadline to complete the ETIAS application. During the ordering process, customers will be informed of the current deadline for submitting all data to us.
2.4.2 The customer is required to provide us with accurate data and promptly inform us of any changes. The customer may not apply multiple times with different names or addresses. We will not check the information given to us by the customer for content-related veracity.
2.4.3 The customer transfers all rights of use for submitted photos and assures us that the rights do not infringe on the rights of third parties (e.g., copyright laws). Should a third party assert a user infringement claim because of the unauthorized use of a photo, the customer is required to indemnify us from third-party claims in this respect. The customer's obligations under the indemnity clause require the customer to cover the full legal defense costs (e.g., court and lawyer expenses) for us.
2.4.5 If the customer violates these obligations, we reserve the right to withdraw from the contract and/or claim compensation because of a breach of contract.
2.5 Prices
2.5.1 The prices are final and represent gross payments. The prices include the statutory value-added tax and all incidental costs that accrue within the scope of our service provisions. The prices cover all our service fees and include the cost of any customer correspondence, whether by e-mail, telephone, or regular mail, delivery of the result online or by e-mail, as well as any official E-Visa authorization fees charged by the respective authorities.
2.5.2 Not included in the price are services beyond our general consultation services for applicants: These include, for example, the fees for a comprehensive visa consultation and costs accrued from third-party services associated with the application process.
2.5.3 Exclusive offers for each service package will be displayed as such on our website, in newspapers, etc.
2.6 Payment
2.6.1 The service fee is due in full without deduction as soon as the participation application is processed.
2.6.2 The customer can choose from a list of payment methods that are offered at the time of ordering.
2.6.3 The customer defaults on their payment when the service fee has not been received by us within ten days of processing the application to participate. In this case, we reserve the right to claim compensation because of contract default and/or to withdraw from the contract. During the default, the customer must pay an interest rate of 5 % above the base rate, and the company must pay 8 % above the base rate. Our right to claim higher compensation is unaffected by this.
2.6.4 We reserve the right to hold back services until the payment is made in full.
2.6.5 The customer is only entitled to compensation provided that their counterclaims, which are not in dispute and are legally enforceable, are recognized by us. Additionally, the customer is allowed to exercise their right of retention, provided that their counterclaim is based on the same contractual relationship.
2.6.6 If the customer requests that a payment be made with a credit card, and the order is or becomes invalid, the customer must first wait two weeks after sending a request for reimbursement in textual form to us before arranging a chargeback. If the customer fails to meet these requirements, they will be required to pay the costs accrued for the chargeback by the credit institute concerned.
2.6.7 If the application is denied by the authorities, the fee paid will be refunded in full (if the customer has booked our premium or first-class service package). An email requesting the refund of fees paid is not necessary. If the customer is demonstrably responsible for the rejection because important data was not provided correctly (see also 2.4.2.), an automatic refund can unfortunately not be made.
2.7 Limitations of Liability
2.7.1 We assume unlimited liability for the fraudulent concealment of defects, a breach in the quality guarantee, claims under the Product Liability Act, the injury of life, limb, or health, and damage caused by intentional or gross negligence.
2.7.2 For other damages, we are only liable for those which breach contractual obligations and, from these, only those which were typically foreseeable when the contract was concluded. In such as case, liability is limited to an amount equal to twice the purchase price paid under this contract.
2.7.3 Further claims by the customer – regardless of the legal basis – are excluded. We are not liable for lost profits or other financial damages to the customer. If our contractual liability is excluded or limited, this also applies equally to the liability of our legal representatives and agents.
2.7.4 We are only liable for proprietary content on our website, etiastravel.com. We are not responsible for and have no influence on the content hosted on websites to which we provide access via links on our own website. We do not adopt external content as our own. This claim applies to all links featured on our website and to all content on the websites to which the links lead. Should we become aware of any illegal content hosted on such an external site, we will immediately block access to this site.
2.7.5 If our contractual liability is excluded or limited, this also applies equally to the liability of our legal representatives and agents.
2.7.6 The measures taken by the authorities lie beyond our sphere of influence, so we cannot be held liable for their actions and omissions. This especially includes changes to the relevant laws and ETIAS programs by the governments and any mistakes made by the authorities.
2.7.7 By using our services and our website, the customer agrees to fully defend and indemnify HD Solutions GmbH, including its staff, legal representatives, and shareholders and hold them harmless and renounce the rights to sue for any problems caused by misuse or abuse of our website.
2.8 Data Protection
2.8.1 We are committed to protecting the data and safeguarding the privacy of all persons who use our services. Your data will be handled in confidence. We adhere to the principles of data economy and data avoidance which means that we only collect and store data strictly essential for processing the customer's order and keeping contact with the customer, provided the customer has given his consent. This is in accordance with the terms set by the Federal Data Protection Act (German: BDSG) and the Telemedia Act (German: TMG).
2.8.2 The data received by the customer will be handled and used first and foremost for processing the application for the respective ETIAS. We do not give the customer's data to a third party. An exception to this is the authorities responsible for the ETIAS program. Data is only shared with them insomuch as this is necessary to apply for an ETIAS application. We explicitly point out that not all responsible authorities are subject to the strict data protection policy of the European Union.
2.8.3 To the extent that it is legally admissible, we are entitled to collect, process, and give the customer's data to a third party for our marketing purposes. The customer has the right to object or withdraw their consent for the collection, use, and transfer of their data at any time by notifying us. After receiving the objection or withdrawal of consent, we will not use, process, or transfer the data for marketing purposes.
2.8.4 The customer is entitled to obtain information about their stored personal data at any time and free of charge. Also, they have the right to correct, suspend, or delete these data. To that end, if the customer should have any questions regarding their personal data, they can contact us at any time at our contact form or reach us on our service hotline +49 30 511 0 511.
2.8.5 Information about the type, scope, location, and purpose of the collection, use, and transfer of personal data can be found in our data protection policy.
We are gladly available for customer questions and complaints at the following address and number:
HD Solutions GmbH
Danckelmannstr. 9
14059 Berlin
Germany
3.2 Final Clauses
3.2.1 The laws of the Federal Republic of Germany apply to all legal relationships between the customer and us.
3.2.2. The exclusive place of jurisdiction for all disputes concerning this contractual relationship is Berlin, Germany, if the customer is a merchant, a legal entity under public law, or a separate fund under public law.
3.2.3. The contractual language is English.
3.2.4. If individual terms of the contract become fully or partially void, the remaining terms will remain effective. If the contract becomes fully or partially void, both parties agree to substitute the voided term with one that is as legally effective and economically and textually similar. The same applies if there are omissions in the contract.
We do not take part in a consumer arbitration board for dispute resolution. Legally, we are required to inform you to contact the following consumer arbitration board:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.
Straßburger Str. 8
77694 Kehl
Berlin, August 2023
The US government reserves the right to make spontaneous changes to regulations and fees without prior notice. Therefore, check shortly before traveling to the USA (e.g. on the website of the U.S. Customs and Border Protection, the U.S. Citizenship and Immigration Services, the Centers for Disease Control and Prevention, or the U.S. Department of Homeland Security) whether there are any changes.