Major Travel Plc, ESTA Visa Services
Terms Of Service
Major Travel Plc provides processing and submission services in respect of Electronic System for Travel Authorization (ESTA). ESTA is a supplementary authorisation to travel that all entrants coming to the United States through the Visa Waiver Progam (VWP) must complete.
It is NOT a visa and it is not intended for persons who wish to work or remain permanently in the United States and only grants entry to the United States for 90 days or less as a non-immigrant visitor for business or pleasure.
To be eligible for ESTA you must be a citizen or national of one of the following countries:
Which countries participate in the Visa Waiver Program?
|Austria||Finland||Ireland||Luxembourg||Republic of Malta||Spain|
|Czech Republic||Greece||Latvia||New Zealand||Slovakia||United Kingdom|
The following are the Terms and Conditions under which Major Travel Plc provides the Services to you.
Please read these Terms and Conditions carefully and ensure that you have understood them.
By clicking on “I Accept” or by using any part of the Services, You warrant that You understand and accept these Terms and Conditions. If You do not agree to these Terms and Conditions, please do not proceed with the Services.
The following words and expressions shall have the following meanings:
“Application Form” means the application form to be completed by You in respect of Your application for the ESTA which is available on the Website;
“Contract” means the contract between You and Major Travel Visas for the provision of the Services and which incorporates these Terms and Conditions;
“Fees” means the non-refundable charges for the provision of the Services as set out on the Website;
“Major Travel Visas” means Major Travel Plc, a company registered in England under Company Number 1805034 whose registered office is at Building 3, 2nd floor, The Exchange, Brent Cross Gardens, NW4 3RJ
“Major Systems” means the proprietary software of Major Travel Plc which facilitates secure access for you to make your online applications;
“Network” means the electronic communications network used by us to provide the Services;
“Privacy Statement” means such policy in relation to data protection and privacy as is displayed on the Website from time to time;
“Service/Services” means the processing and submission service provided to you by Major Travel Visas in respect of your application(s) for ESTA(s) with the US Department of Home Security and which is more specifically set out in [clause 5.1] and on the Website;
“Website” unless otherwise specified means the Major website: – www.us-esta.co.uk
“You” and/or “Your” and “you” and/or “your” means you the client;
“We” and/or “Our” means Major Travel Visas.
2. Your Contract with Major Travel Visas
2.1 You warrant that you have the right, authority and capacity to enter into and be bound by the Contract and these Terms and Conditions and that you are 18 years or over.
2.2 The Contract commences on the date of Major Travel Visas receives payment of the Fees from You and shall remain in force for the duration of the provision of the Services unless terminated in accordance with these Terms and Conditions.
2.3 Notwithstanding the foregoing, Major Travel Plc reserves the right at its sole and absolute discretion and for any reason to refuse You access to the Service (in part or in whole).
2.4 Once You have paid Your Fee, You will be taken to have agreed that We may immediately begin processing Your application and provide the Services. Consequently, You will not have a right to cancel under the Consumer Protection (Distance Selling) Regulations 2000 by virtue of Regulation 13 (1). If you would like to know more about your rights under this regulation please visit http://www.legislation.gov.uk/uksi/2000/2334/made
3. Our obligations to You
3.1 In consideration for the payment by you of the Fees and subject to Your compliance with the Contract and these Terms and Conditions, We shall use Our reasonable endeavours to:
3.1.1 review the Application Form which You have submitted through the Website within 3 Business Days to check you have provided the necessary information to make Your ESTA application;
3.1.2 where required, We will contact You, to request further information or make rectify any mistakes or omissions in respect of the Application Form; and
3.1.3 send the Application Form on Your behalf to the US Department of Homeland Security or any of its nominated organisation via electronic means.
3.2 Major Travel Visas shall use all reasonable endeavours to make the Services available to You but cannot guarantee an uninterrupted or fault free service.
3.3 We may update or revise the Contract or these Terms and Conditions from time to time. When We do then We will give you seven (7) days notice notice of such updates through a message displayed on the Website. If you do not accept any such changes, you may cancel the Contract by notice in writing to Major Travel Visas at the address available on the Website. Please note that Fees are non-refundable in the vent of cancellation. For the avoidance of doubt, your continued use of the Service after the implementation of the changes will be deemed acceptance by You of such changes.
3.4 The Network is not owned or controlled by Major Travel Visas. At times the Network may be upgraded, modified, subject to maintenance work or otherwise amended by the owner of the Network which may result in the Services being delayed or made temporarily unavailable. Whilst We shall take reasonable action to minimise the disruption caused by such this, You acknowledge and accept that some such interruptions will not be avoidable and the Services shall not be available to You.
4. Your Obligations to Major Travel Visas
4.1 You shall:
4.1.1 expressly consent to Major Travel Visas making an electronic submission on your behalf of the information in the Application Form to the US Department of Homeland Security by paying the Fee.
4.1.2 provide Major Travel Visas with all the correct and accurate information requested (whether in the Application Form or otherwise) and promptly inform Major Travel Visas in the event any information that You have provided to us changes or becomes inaccurate;
4.1.3 comply with all reasonable instructions issued by Major Travel Visas from time to time in relation to the Services including (but not limited to) any security or other checks or request for information made by Major Travel Visas;
4.1.4 where You are not the main applicant for the ESTA, procure or confirm that (a) the consent of such main applicant in respect of Major Travel Visas providing the Service has been given; (b) such main applicant is 16 years old and above; (c) such main applicant is eligible to make such application to the US Department of Homeland Security; and(d) comply with the requirements set out in Clause 5;
4.1.5 promptly inform Major Travel Visas if You receive any notice alleging that Your use of the Service (a) contravenes with the applicable law and legislations; or (b) infringes the rights of any third party;
4.1.6 comply with all applicable laws and legislations.
4.1.7 not use the Services to commit a criminal act or to cause annoyance or nuisance or inconvenience to or to harass others or any similar activity nor use the Services for any improper, fraudulent or unlawful activity;
4.1.8 not use the Services for commercial and/or business purposes including (but not limited to) re-sale, promotion for resale or other similar activities;
5. Applications Made on Behalf of Other People
5.1 Where You are using this Service to make an application for the ESTA on behalf of someone else (whether in addition to You or not) (the “Third Party Applicant”) You hereby warrant that:
5.1.1 You have the consent of and authority from the Third Party Applicant to procure the Service on the Third Party Applicant’s behalf;
5.1.2 the Third Party Applicant is at least 16 years old and is eligible to make the ESTA application; and
5.1.3 You shall obtain the Third Party Applicant’s full compliance with the Contract and these Terms and Conditions.
5.2 Please note, for the avoidance of doubt, You shall at all times be fully liable if the Third Party Applicant is in breach of the Contract or any of these Terms and Conditions.
6. Payment for Services, Cancellation and Refunds
6.1 You must pay the Fee in advance using the acceptable method of payments as set out on the Website. The Fee includes an amount that is payable to the US Department of Homeland Security (currently USD 14) and an administration fee. Major Travel Visas reserves the right to withhold or cease provision of the Services to You where payment of the Fee has not been received. A Fee is payable in respect of each person requiring an ESTA.
6.2 You hereby agree and consent to the immediate commencement of the performance of the Services by Major Travel Visas on payment of the Fee when you can immediately access the Services using the Website.
6.3 You agree and acknowledge that due to the nature of the Services, the Fee is non- refundable and Major Travel Visas cannot guarantee you will receive an ESTA.
6.4 You agree to pay the fee of £10.00 for any changes made by you for an incorrect application.
7. Termination of the Service
7.1 We reserve the right to suspend and/or terminate the provision of the Services to you in whole or in part without notice:
7.1.1 if We believe You have failed to comply with one or more of these Terms and Conditions; or
7.1.2 where You have failed to comply with one or more of these Terms and Conditions and You have failed to remedy any such non-compliance within a reasonable period required by Major Travel Visas and notified to You; or
7.1.3 if We believes You have provided any false or misleading information in respect of and/or in order to procure the Services; or
7.1.4 if the Network owner ceases to make the Network available to Major Travel Visas; or
7.1.5 if the provision of the Services becomes unlawful or in breach of any relevant regulations or the like.
7.2 You may terminate the Contract by giving Major Travel Visas not less than seven (7) days prior written notice by emailing Major Travel Visas at email@example.com. Please note there is no refund of the Fee in the case of termination.
7.3 Following termination of the Services in accordance with clauses 7.1 or 7.2, Major Travel Visas shall immediately cease performance of the Services to You.
7.4 Clauses 1, 7.4, 8, 9 and 10 shall survive the termination of the Contract and these Terms and Conditions however arising.
8. Intellectual Property Rights
8.1 Major Travel Visas and/or its licensors own all patents, design rights, know-how, copyrights, trade marks, the right to use software and all other similar proprietary rights (whether registered or unregistered) worldwide (“Intellectual Property Rights”) relating to the Website.
9.1 We cannot guarantee and do not promise any particular result from Your use of the Services provided by Major Travel Visas and/or the information provided on the Website. We do not give any warranties for anything whatsoever including, without limitation, the accuracy, adequacy, sufficiency, availability, completeness, timeliness, suitability and reliability of the Services provided to You and/or the information (including but not limited to the appropriateness of information for use in any particular jurisdiction) on the Website.
9.2 The Website is intended as a source for information only and does not constitute advice of any nature and is not intended to address Your specific needs or requirements. You must not be rely upon it to assist You in making or refraining from making a decision, or to assist You in deciding on a course of action and we shall not be liable if You do so. We endeavour to ensure date is correct but cannot be held responsible for inaccuracies or omissions.
9.3 The Website may include observations, opinions, views, advice and recommendations, but these are not endorsed by Major Travel Visas and, to the maximum extent permitted by law, We shall not be liable in respect of the accuracy, defamatory nature, completeness, timeliness or otherwise of such observations, opinions, views, advice and recommendations.
9.4 To the maximum extent permitted by law, Major Travel Visas shall not be liable for any loss, injury or damage caused in whole or in part by, or failures, delays, interruptions or otherwise of, the provision of Services. Moreover, Major Travel Visas shall in no event be liable for any indirect, consequential or special losses including but not limited to any loss of reputation and goodwill, loss of business or business prospects, loss of expectations, loss of profit, loss of management time, loss of income or any other losses whatsoever arising out of or in connection with the use or inability to use the Services, the Website or any decisions made or actions taken or omitted in reliance or partial reliance on the information provided on the Website and/or through the Service.
9.5 We rely on various third party suppliers and Network operators to provide the Services to You and We do not warrant that the Services provided are completely free from any fault or delay. We also do not give a warranty as to the availability of the Services at all times or at all and exclude all liabilities to You if We are unable to provide the Services for reasons that are beyond our control.
9.6 Notwithstanding the foregoing, nothing in this Contract removes or limits Major Travel Visas’ liability for death or personal injury resulting from Major Travel Visas’ negligence.
9.7 Subject to clause 9.6 and 9.8, the maximum aggregate liability We have to You under, arising from or in connection with these Terms and Conditions whether arising in contract, tort (including negligence) or otherwise, shall not exceed the Fee paid by You.
10. Your Warranties
10.1 You warrant that:
10.1.1 You are eligible to apply for a ESTA with the US Department of Homeland Security in accordance with the applicable laws, treaties and legislations;
10.1.2 All of the information and personal data provided by You (on your own behalf or on behalf of another) in respect of the Service are accurate, correct and complete;
10.1.3 You understand that you do not have to use the Services and You are free and able to make applications for ESTA(s) independently at a cost of $14 (USD) each by visiting https://esta.cbp.dhs.gov/;
10.1.4 You understand that the Fee We charge includes an administration fee that is payable to Major Travel Visas not the US Department of Homeland Security. You also understand that we may get additional monies from third parties for submitting your Application Form;
10.1.5 You understand that Major Travel Visas is an independent private limited company registered in England and is not in any way affiliated to or part of the US Department of Homeland Security or any other part of the US government; and
10.1.6 You understand that the ESTA is not a travel or proof of identity document.
11.1 We require certain information to allow us to process your ESTA application. We do not share this information with outside parties except to the extent necessary as required under the law and except where this information is needed for a ESTA application or as otherwise as instructed by you.
11.2 We collect the details provided by You, together with information we learn about You from Your use of our Services and Your visits to the Website and other sites accessible from them. We also collect information about the transactions You undertake including details of payment cards used.
11.3 Your data may be used for the following purposes: accounting, billing and audit, credit or other payment card verification and screening, immigration and customs control, safety, security, health, administrative and legal purposes, statistical and marketing analysis, systems testing, maintenance and development, customer surveys, customer relations and to help us in any future dealings with you, for example by identifying your requirements and preferences.
11.4 The information that You provide will be held in our systems, which are located on our premises or those of an appointed third party. We may also allow access to Your information by other third parties who act for us for the purposes set out in this policy or for other purposes approved by You.
11.5 Your data in the Application Form will be processed outside of Europe and other data may be processed out of Europe.
11.6 We use tracking software to monitor traffic patterns and site usage to help Major Travel Visas to develop the design and layout of the site to better meet the needs of visitors. This software does not capture any personally identifying information.
11.7 To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online as required by the UK Data Protection Acts of 1984 and 1998. Our security procedures mean that we may request proof of identity before we are able to disclose sensitive information to you.
11.8 We will retain Your information for a reasonable period or as long as the law requires.
12.1 This Contract is personal to You. You may not transfer or assign the Contract to any third party at any time. We reserve the right to transfer or assign the Contract to any third party at any time.
12.2 If during the term of this Contract We do not insist upon strict performance of any of Your obligations under this Contract or fail to exercise any of the rights or remedies to which We are entitled, this shall not constitute a waiver of any such rights or remedies and shall not relieve You from Your obligation to comply with the Contract.
12.3 A waiver by Major Travel Visas of any default by You shall not constitute a waiver of any subsequent default and no waiver by Major Travel Visas of any of the Terms and Conditions shall be effective unless it is expressly stated to be a waiver in writing.
12.4 This Contract represents the entire agreement between You and Major Travel Visas in relation to the Services provided and shall supersede any prior agreement, understanding or arrangement between You and Major Travel Visas whether oral or in writing.
12.5 If any of the clauses in these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent then such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.6 This Contract is governed by and shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
12.7 You acknowledge that in entering into this Contract, you have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between You and Major Travel Visas except as expressly stated herein.