1. About these terms
1.1 These Terms and Conditions (the "Terms") govern every service supplied by Donata ("Donata", "we", "us", "our") to any person or organisation ("you", "the Client").
1.2 The Terms form a legally binding agreement between you and Donata. They apply to the exclusion of any other terms you seek to impose, unless we agree otherwise in writing.
1.3 If you do not accept these Terms, you must not submit an application, make a payment or otherwise use our services.
2. Who we are and what we do
2.1 Donata is a private consultancy. We provide consultation, document preparation, file management and travel arrangement services relating to visas, travel documents, insurance and flights.
2.2 Donata is not a government body, embassy, consulate or immigration authority, and is not affiliated with, endorsed by or acting on behalf of any of them. We do not issue visas, residence permits or any other official document.
2.3 All decisions on visa and immigration applications are taken exclusively by the competent authority of the destination country (the "Authority"). Donata has no influence or control over those decisions, their timing or the reasons given for them.
2.4 Where a package includes a lawyer assistant, legal services are provided by the relevant legal professional under their own professional rules. Donata itself is not a law firm.
3. Definitions
- "Application" means the visa, permit or travel-document application to which our services relate.
- "File" means the set of forms, documents, checklists and advice we prepare or review for you.
- "Package" means the Essential or Complete package, or any other service bundle shown on our website or agreed in writing.
- "Fees" means the price payable to Donata for a Package or service.
- "Third-Party Costs" means sums payable to others, including government and visa fees, biometric and appointment fees, translation, courier, medical, insurance premiums and airline fares.
- "Services" means all services supplied by Donata under these Terms.
4. Our services
4.1 The content of each Package is as described on our website at the time of your order. We will perform the Services with reasonable care and skill.
4.2 Our Services consist of advice and preparation. We assess the information you give us, advise on the appropriate route, prepare and check your File and, where agreed, arrange insurance, flights and arrival support.
4.3 Any timescales we give are estimates only. Processing times are set by the Authority and by third parties and are outside our control.
4.4 We may decline to act, or stop acting, where we reasonably believe that an Application would be unlawful, misleading or without realistic prospect of success.
5. No guarantee of outcome
5.1 Donata does not guarantee, and has never guaranteed, that any Application will be approved. No statement on our website, in our communications or by our staff is to be read as a promise or guarantee of approval.
5.2 The Authority may refuse, delay, return or request further evidence for an Application for any reason, including reasons that are not disclosed. Immigration rules, fees and requirements may change at any time without notice.
5.3 You accept that the Fees are payable for the consultation and preparation work we carry out, and not for a particular result.
6. Your obligations
6.1 You must give us complete, accurate and truthful information and genuine documents, and tell us promptly of any change in your circumstances.
6.2 You must disclose any previous visa refusal, immigration breach, removal, criminal conviction or other matter that may be relevant to the Application.
6.3 You must respond to our requests and supply documents within the time we specify. We are not responsible for any refusal, delay or loss caused by late, incomplete or inaccurate information.
6.4 You remain responsible for checking the final File before submission and for attending any appointment, interview or biometric enrolment required by the Authority.
6.5 If you provide false, forged or misleading information or documents, we may end the Services immediately. In that case no refund is payable and we may report the matter where the law requires.
7. Fees and payment
7.1 Fees are stated in pounds sterling (GBP) and are payable in full, in advance, before work begins, unless we agree otherwise in writing.
7.2 Unless your Package expressly states otherwise, Third-Party Costs are not included in the Fees and are payable by you in addition.
7.3 Third-Party Costs, once paid to the relevant third party, are non-refundable by Donata in all circumstances.
7.4 Payments are processed by our payment service provider. You confirm that you are authorised to use the payment method and that the payment is made knowingly and voluntarily for the Services described.
7.5 Any sum not paid when due carries interest at the statutory rate from the due date until payment in full.
8. Start of work and your right to cancel
8.1 By placing your order you expressly request that we begin the Services immediately, including within any statutory cancellation period that may apply to you as a consumer.
8.2 If you are a consumer and cancel within a statutory cancellation period after work has begun at your request, you must pay for the Services supplied up to the time you tell us of your cancellation.
8.3 You acknowledge that once the Services have been fully performed, any statutory right to cancel is lost.
8.4 To cancel, you must notify us in writing using the contact details on our website, stating your full name and reference number.
9. Refund policy
9.1 Once your consultation has been delivered and your File has been prepared, the Fees are fully earned and are non-refundable.
9.2 Without limiting clause 9.1, no refund is payable where:
- the Authority refuses, delays or returns your Application;
- you withdraw your Application or change your mind or travel plans;
- you fail to provide information or documents, attend an appointment or meet a deadline;
- your circumstances, your employer's position or the applicable rules change;
- the Services are ended under clause 6.5 or clause 17.
9.3 If you cancel before any work has begun, we will refund the Fees paid, less any Third-Party Costs and payment processing charges already incurred.
9.4 Any refund we agree to make is made at our discretion, to the original payment method, and is in full and final settlement of all claims relating to the Services.
10. Refusal of an application
10.1 A refusal by the Authority does not entitle you to a refund of the Fees, because the Services you paid for (consultation and preparation of the File) will have been supplied.
10.2 Donata accepts no liability for the consequences of a refusal, including loss of employment, travel costs, accommodation, tuition or any other loss.
10.3 Any appeal, review or new Application following a refusal is a separate service and is charged separately.
11. Chargebacks and payment disputes
11.1 If you are dissatisfied with any charge, you agree to contact us first and to allow us a reasonable opportunity to resolve the matter under clause 19 before raising a dispute with your bank or card issuer.
11.2 You agree not to initiate a chargeback, payment reversal or dispute in respect of Services that have been supplied in accordance with these Terms. Doing so is a breach of this agreement.
11.3 Where a chargeback or reversal is raised, we will contest it and provide the card issuer with evidence of your order, your acceptance of these Terms, your communications and the work carried out.
11.4 Any sum reversed in breach of these Terms, together with any chargeback fee charged to us, becomes a debt immediately due and payable by you to Donata.
11.5 We reserve the right to refer any unpaid debt to a debt collection agency and/or to bring legal proceedings. You will be liable for the debt, interest under clause 7.5 and the reasonable costs of recovery, to the extent permitted by law.
11.6 We may suspend all Services and withhold your File while a chargeback, reversal or unpaid sum is outstanding.
11.7 Nothing in this clause prevents you from exercising a right that the law gives you and that cannot be excluded by agreement.
12. Third-party services
12.1 Insurance, flights, medical checks, translation, courier and legal services are supplied by independent third parties under their own terms and conditions, which you accept when those services are arranged.
12.2 Donata acts only as an arranger. We are not an insurer, airline, medical provider or carrier and are not liable for the acts, omissions, delays, cancellations or insolvency of any third party.
12.3 Airport welcome and arrival support depend on accurate flight details from you and may be affected by delays or events outside our control.
13. Corporate clients
13.1 Where Services are ordered by an employer or partner organisation for its employees, the organisation is the Client and is responsible for the Fees, unless agreed otherwise in writing.
13.2 The organisation confirms that it is authorised to share its employees' information with us. Each employee must also comply with clause 6.
13.3 We may share the status of an employee's File with the organisation that ordered the Services.
14. Application tracking and communications
14.1 The tracking facility on our website is provided for information only. It reflects the status recorded by us and is not an official record of the Authority.
14.2 You are responsible for keeping your reference number confidential and for checking the email address and telephone number you give us.
14.3 Notices sent to the email address you provide are deemed received on the day they are sent.
15. Intellectual property
15.1 All content on our website and all templates, checklists and materials we produce remain the property of Donata. You may use them only for your own Application.
16. Limitation of liability
16.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot be excluded or limited by law. Your statutory rights as a consumer are not affected.
16.2 Subject to clause 16.1, Donata is not liable for any refusal, delay or decision of the Authority, for any change in law or policy, or for any loss arising from information or documents supplied by you.
16.3 Subject to clause 16.1, Donata is not liable for loss of income, employment, business, opportunity or enjoyment, for travel, accommodation or relocation costs, or for any indirect or consequential loss.
16.4 Subject to clause 16.1, our total liability to you in connection with the Services is limited to the Fees you paid to Donata for the Package concerned.
17. Suspension and termination
17.1 We may suspend or end the Services by written notice if you breach these Terms, fail to pay any sum when due, fail to cooperate, or behave abusively towards our staff.
17.2 On termination under this clause, Fees for work carried out remain payable and no refund is due.
18. Data protection
18.1 We process personal data in accordance with our Privacy Policy, which forms part of these Terms.
19. Complaints
19.1 If you are unhappy with our Services, please write to us with your reference number and a description of the issue. We will acknowledge your complaint and aim to respond in full within a reasonable time.
20. Events outside our control
20.1 We are not in breach of these Terms, nor liable for delay or failure to perform, where this results from events beyond our reasonable control, including acts of government, closure of embassies or borders, strikes, system failures, epidemics, war or natural disaster.
21. Changes to these terms
21.1 We may update these Terms from time to time. The version in force when you place your order applies to that order.
22. Governing law and jurisdiction
22.1 These Terms and any dispute arising from them are governed by the law of England and Wales.
22.2 The courts of England and Wales have jurisdiction. If you are a consumer resident elsewhere, you keep the benefit of any mandatory protection given by the law of the country where you live.
23. General
23.1 These Terms are the entire agreement between you and Donata in relation to the Services.
23.2 If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force.
23.3 A failure or delay by us to enforce a right is not a waiver of that right.
23.4 You may not transfer your rights under these Terms without our written consent. We may transfer ours, including the right to recover sums owed.
24. Contact
Donata
2 Eaton Gate, Belgravia, London, SW1W 9BJ, United Kingdom
Zuid-Hollandlaan, 2596 AL Den Haag, The Netherlands