General Terms and Conditions

1. Subject of Service

The following general terms and conditions apply to all legal transactions entered into by GoVisaGermany, Machnower Str. 15, 14165 Berlin ("GVG") with contractual partners ("Client"). The subject of the contract includes services in the areas of relocation and immigration as part of the individual relocation process, including but not limited to visa applications, housing search, assistance with authorities, daycare and school search, as well as help with administrative matters. Furthermore, services in the area of education, particularly for entrepreneurs/freelancers and in the area of artificial intelligence, are also provided. GVG may use independent third parties or its own employees to fulfill the contract. Legal and tax advice, as well as services requiring approval, such as brokerage activities or services under the Legal Services Act, are not provided.

Contracts for the offered services are concluded exclusively based on these General Terms and Conditions in the version valid at the time of the contract conclusion.

2. Contract Conclusion

Contracts are concluded in writing or in text form (e.g., email). A contract is concluded only when the Client confirms the scope of the order in writing or in text form based on the most recent price list made known to the Client by GVG.

3. Remuneration, Payment Terms, Default

All prices are understood as net prices plus the applicable statutory VAT. GVG's remuneration is based on the specific order and the booked scope of services. Additional services ordered after the contract has been concluded will be invoiced separately. Third-party services, such as shipping, official fees, or broker commissions, are not included in GVG's services and are not to be advanced by GVG.

GVG is entitled to invoice the Client up to 50% of the agreed fee as an advance payment at the time of order placement. The second 50% installment is due upon approval of the intended visa. The completion of the agreed service is considered the end of the order.

Default occurs when the payment due date specified in the invoice is exceeded. A reminder is not required. In the event of default, GVG is entitled to a flat fee of EUR 40 in accordance with § 288, Paragraph 5, Sentence 1 BGB. In case of default, GVG is entitled to refuse performance (right of refusal to perform).

4. Obligations of the Client

The Client agrees to procure all necessary documents and information for the fulfillment of the contract by GVG at their own expense and to provide them to GVG in a timely and complete manner. This also applies to any necessary updates of documents or information. Documents provided by GVG to the Client or other authorized persons (particularly real estate exposés) must not be disclosed to third parties.

5. Termination; Billing in Case of Early Termination

The Client may terminate the order in writing before completion. The same applies to GVG. Regardless of this, there is the statutory right to terminate for good cause. A good cause for termination by GVG exists, in particular, if the Client violates its obligations under § 4 and thus makes the execution of the order impossible or significantly more difficult or delayed.

In the case of early termination of the contract, any fee already invoiced or paid remains with GVG. Remuneration will be billed according to the progress of the work as follows:

For visa to residence permit conversion cases within Germany:

• 50% of the agreed total remuneration is due when the visa consultants begin their work, i.e., when contact has been made via email or another medium, and the requirements regarding the Client's documents have been communicated.
• 100% of the agreed total remuneration is due after assistance with the visa application (e.g., completing the financial forecast form, etc.) and attendance of the appointment at the Ausländerbehörde (accompaniment by a translator subject to agreement and additional fee, if necessary).
• Additional coaching/courses to support the creation of a business plan or other ancillary services are subject to agreement and additional fee, if necessary.

For visa cases originating abroad:

• 50% of the agreed total remuneration is due when the visa consultants have begun their work, i.e., when contact has been made via email or another medium, and the requirements regarding the Client's documents have been communicated.
• 100% of the agreed total remuneration is due after the assistance with the visa application and the issuance of the visa by the German Embassy/Consulate.

For all other services:

• 100% of the agreed sum for each individual service after initial contact with the Client and the commencement of the service.

6. Liability

GVG is fully liable for damages caused intentionally or by gross negligence. GVG is fully liable for damages caused by a breach of life, body, or health. For other damages not mentioned in Section 6(1), GVG is liable for negligent breach of an essential contractual obligation. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible, whose breach endangers the achievement of the contract's purpose, and upon whose compliance the Client regularly relies. If an essential contractual obligation is breached negligently, GVG's liability is limited to the typical, foreseeable damage.

Any further liability for damages is excluded.

7. Right of Retention; Set-Off

The Client is generally excluded from exercising a right of retention in accordance with § 273, 320 BGB or from setting off claims against GVG. The Client may only set off claims that are undisputed or have been legally established.

8. Data Protection and Confidentiality

Insofar as GVG receives personal data from the Client, GVG will only use and process such data to the extent necessary for the execution of the contracted services. The legal basis for such processing is Art. 6(1) Sentence 1 lit. b) GDPR.

GVG will pass on the personal data received from the Client to third parties if necessary for the performance of the contract, for example, to authorities in the context of visa applications, or to brokers and landlords during the housing search, and language schools for the purposes of registration.

If GVG uses third-party contractors to fulfill the contract, these will act as commission-based processors of GVG.

Both parties agree to treat all confidential information, particularly business or trade secrets, and other confidential information of the other party that they become aware of during the preparation, execution, and fulfillment of the contract, as confidential, unless the disclosure of such information is necessary for the proper fulfillment of the contractual obligations.

9. Applicable Law, Jurisdiction

The law of the Federal Republic of Germany applies. The place of performance and exclusive jurisdiction for disputes arising out of or in connection with this contract is Berlin.

10. Final Provisions

Should individual provisions of these General Terms and Conditions or the contract be or become invalid, the validity of the remaining provisions shall not be affected. The parties will replace the invalid clause with one that comes as close as possible to the original economic and legal intent. If the contract has a gap, the parties will close this gap with an agreement they would have made had they identified the gap before the contract was concluded. § 139 BGB is fully waived.