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Visa expedite company gives 100% guarantee on overnight service delivers 7 days later

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amodico

Junior Member
What is the name of your state (only U.S. law)? NJ


A passport and visa company that has 100% guaranteed on their website took 7 days to process an order that they claimed they could do over night. US Passport Service - US Passport Renewal Service and New United States Passports They also charged me for 1 day service. This is for a visa from the China Consulate. I needed my visa for a Flight I had booked on 2/29/12

Wednesday 2/22/12 Mail all documents via fedex express to their office in Washington DC

Thursday 2/23/12 called and emailed them and after several times getting a VM finally got through to a per who told me they needed to change something on my documents that I did incorrectly and it just went to the consulate so it will ship tomorrow and I will get it on Monday

Monday 2/27/12 Called in the afternoon and said they were shipping it tonight and I would get it tomorrow

Tuesday 2/28/12 The owner of the company calls me in the AM and tells me he is working on my passport personally in Washington DC and is driving down to the consulate himself to get the passport. He will ship it to me same day and will call by around 5pm with tracking number. At 2pm he calls and asks what time my flight leaves tomorrow and what airport I am leaving from. I then get an email at 3pm saying my Visa will not be ready in time for my flight. (I then called and canceled all my flights) He stated that the Chinese consulate has held my passport for all these days and has not yet approved my visa. He stated the delay was in me incorrectly filling out the Visa forms and said he made these changes (aka forged) whatever changes he thought needed to be made, but could not remember what changes they were, before he turned them into the consulate. I call and say it is completely unacceptable and I will be driving to Washington DC in the morning to get my passport. He then says they wont give it to me and wont let me in the building. I told him I want my passport back and hung up. I then wrote an email saying how I was going to exploit him forging documents to the China consulate if he didn’t refund me the total of $700. At 8pm I get an email saying my passport has shipped. When I checked the tracking number it shipped from Los Angelos CA NOT Washington DC and he was lying the entire time about him going to the Washington DC consulate.

Wednesday 2/29/12 He calls my phone multiple times in the am and I finally call him back. He says he will refund me the $700 which included my airfare cancellation fees (If he is going to refund it I do not know) My passport then arrived at 10:30am which was too late for me to make my flight anyway.

Moral of the story is they shipped my passport all over the country which caused it not to be done in time and then lied about it blaming the Washington DC consulate for delaying it when it wasn’t even there it was in Califorina.

I also found a site with multiple other people posting about the same exact problems with this company.

Is this grounds for a lawsuit? And will an attorney take it on for a % of awarded instead of a retainer?

Just another added note. I was going to China to negotiate a business partnership with another company which in now in Jeopardy.
 
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tranquility

Senior Member
Consequential damages are not really awarded in contract. Your damages are the amount you paid. If they don't return that, sue them in small claims.
 

davidmcbeth3

Senior Member
Passports and Visas.com : Terms and Conditions

By sending your documents to us for processing, you accept all of the requirements, restrictions and limitations on liability set forth herein and specifically agree and confirm that neither Passports and Visas.com nor your travel agency shall be liable to you for any failure to comply with the necessary requirements for your travel, for the action or inaction of any government body and/or for the perfornace by any third party delivery company. At all times and under all circumstances, Passports and Visas.com's total liability to you for any and all claims, causes of action, liabilities and damages of any kind shall not, in any circumstance or for any reason, exceed the lesser of the fees paid by you to us or $500. In no event shall Passports and Visas.com be liable to you for any indirect, special, consequential or incidental losses or damages, including, without limitation, lost profits, purchase of new airline tickets or for punitive damages, and that your sole and exclusive remedy against Passports and Visas.com for damages in connection with the failure to obtain a requested passport or visa in a timely manner shall be the return of the Passports and Visas.com service fee actually paid by your or $500 whichever is less.



From der website ...
 

davidmcbeth3

Senior Member
What is the name of your state (only U.S. law)? NJ


A passport and visa company that has 100% guaranteed on their website took 7 days to process an order that they claimed they could do over night. .
Where does it state 100% overnight service? I don't see it ... I think you are reading something that is not there.
 

Zigner

Senior Member, Non-Attorney
There is no guarantee of 24 hour service. It *can* be done in *as little as* 24 hours. But, that depends on factors outside of their control.
 

amodico

Junior Member
There is no guarantee of 24 hour service. It *can* be done in *as little as* 24 hours. But, that depends on factors outside of their control.
Understood but the factors were in their control.

If they had submitted it to the Washington DC office which I sent the package to originally and they had not reshipped to California then it would have been done in time. The consulate turned it around in the 24hr period like they were supposed to but the company delayed submission
 

xylene

Senior Member
Understood but the factors were in their control.

If they had submitted it to the Washington DC office which I sent the package to originally and they had not reshipped to California then it would have been done in time. The consulate turned it around in the 24hr period like they were supposed to but the company delayed submission
None of which means you are due anything but a 100% refund...

Your failed business deal is not their problem

Teleconference next time.

If they were going to do the deal, a travel snafu would not have cost you the deal.
 

davidmcbeth3

Senior Member
I disagree. The *most* the OP would be due is a 100% refund...but I don't think the OP is due any refund.
LOL -- your statement agrees with the previous poster ...

I always give out 100% guarantees .. I don't say what I guaranty ... because its actually my 100% guaranty that I'll increase my profit by putting 100% guaranty on the webpage.
 

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