- J1 Ireland Travel Direct Limited, a private limited company with company registration number 554896 and having its registered office at Main Street, Knockcroghery, Co. Roscommon (“J1 Ireland” or the “Company”) assists eligible Participants with applications to participate in the J-1 summer work travel programme, a non-immigrant visa programme that is operated under the United States Department of State’s Exchange Visitor Program (the “Programme”). The Programme provides students the opportunity to work and travel throughout the U.S. and to interact with U.S. citizens and experience U.S. culture.
- All bookings by Participants and related activities with J1 Ireland, shall be subject to these terms and conditions.
|“Business Day”||means a day (other than a Saturday or Sunday or public holiday in the U.S.) on which clearing banks are open for business in the U.S;|
|“DS 2019”||means the form DS02019 or “Certificate of Eligibility for Exchange Visitor (J-1) Status”, being the basic document used in the administration of the Programme and permits a Participant to seek an interview at the U.S. Embassy in order to obtain a J-1 Visa to enter the U.S.;|
|“Exchange Visitor Program”||means the United States Department of State Programme administering exchange visitor J-1 Visas;|
|“Fees”||means the payments described in Clause 4;|
|“Home Country”||means Ireland;|
|“Terms and Conditions”||means these booking terms and conditions of J1 Ireland as may be amended from time to time;|
|“Third Level Institution”||means an institution where the student can attain a level 8 qualification as recognised under the laws of Ireland and located in Ireland;|
|“Total Fee”||means the total payment to the J1 Ireland of €200;|
|“Travel Restrictions”||means travel restrictions implemented by reason of the Covid-19 pandemic and any other epidemic or pandemic, including but not limited to, border closure, restrictions specific to the J-1 Visa, the closure of visa application centres or online applications and any other related travel restrictions affecting the approval of J-1 Visas;|
|“U.S.”||means the United States of America;|
|“U.S. Embassy”||means the U.S. Embassy of Ireland; and|
|“US Sponsor”||means the sponsors working with the Company to provide the J-1 Visa paperwork to the Participants.|
1. APPLICATION PROCESS AND FEES
1.1 The Participant agrees and acknowledges that their place on the Programme is subject to the prompt and timely payment of the Fees in accordance with this Clause 4.
1.2 The first payment to the Company of €100 is non-refundable subject to Clause 7.3 (the “Deposit”).
1.3 The Deposit covers the costs and expenses associated with the processing and administrative work carried out in reviewing and accepting applications for the Programme. The payment is also necessary to reserve a place in the US Sponsors’ J-1 Camp Counselor allocation, pending approval. It is not linked to any outcome in relation to whether any Participant will or will not receive a J-1 Visa, or travel to the U.S. Subject to Clause 1.4, if a Participant chooses to withdraw his or her application, or if his or her application does not proceed for any reason this payment will not be refunded to the Participant under any circumstances.
1.5 The final payment to the Company of €100 falls due when the Participant’s application has been approved by the U.S. Sponsor. The DS 2019 paperwork will then be issued and will be sent to the Participant once the Final Payment is received by the Company. Should you wish to proceed with the 2nd payment of €100 in order to secure your DS2019 within the 14 day cooling off period, this cooling off period will no longer apply.
1.6 Participants are responsible for any additional third-party fees.
2. VISA DENIAL
If a Participant’s application for a J-1 Visa is rejected for any reason, the Participant will be entitled to a refund of €100 of the Total Fee to be transferred to the Participant by the Company within fourteen (14) days of the rejection notice issued to the Participant by the Company.
3. PROGRAM RULES AND REGULATIONS
3. 1 Eligibility
The sponsor considers such criteria as Candidate application packet materials, age, education background, work experience, English language fluency, physical and mental health, references, essay, and personal interviews in determining whether to admit the Candidate into the program. The sponsor reserves the right to refuse approval to a Candidate that the sponsor, in its sole and absolute discretion, deems unacceptable to the program.
- I am able to speak, read, and understand conversational English at a level that is sufficient to function on a day-to-day basis in the program
- I am in good health.
- I will obey all U.S.A. federal, state, and local laws and I will abide by all of the regulations of the J-1 Visa, if required.
- I will attend in-person/online orientation sessions in my home country & in the USA.
- Any illegal use of drugs or alcohol, or abuse of harmful controlled substances or illegal possession of drugs, alcohol, or controlled substances will result in my immediate repatriation.
3.2 Cancellation and refund
I understand the following payment, cancellation, and refund policy:
- Deposit forfeiture: if application cancelled after first payment of €100 has been paid and following 14-day cooling off period – € 100
- Final Payment forfeiture: if application cancelled after full program fee – € 100
- Final Payment forfeiture: if application cancelled after visa issuance by Embassy/Consulate – €200
3.3 Visa Denial & Force Majeure Cancellation Policy
I understand the following Visa Denial and Force Majeure Cancellation Policy
- Forfeiture: if visa is denied and exchange visitor can demonstrate such denial or there is a Cancellation for reason of Force Majeure – € 100
4. PARTICIPANT CANCELLATION
4.1 If the Participant wishes to cancel following the payment of any of the Fees the Participant must notify the Company by email using the same email address that was registered with the Company through the registration process.
4.2 Subject to Clause 4.3, the Participant agrees and acknowledges that the Deposit is non-refundable.
4.3 A 14 day cooling off period will be applied to the Deposit payment and the Participant has a right to cancel without giving any reason. The Participant must submit a Cancellation Request within 14 days of payment to avail of a rebate from the Company. If the Participant submits a Cancellation Request within the 14-day period, J1 Ireland will reimburse the Deposit to the Participant without undue delay and in any event not later than 14 days from the day on which the Participant informs J1 Ireland of a decision to cancel. This reimbursement will be carried out using the same means of payment the Participant used when making the Deposit. Should the Participant wish to proceed with the final payment of €100 in order to secure his or her payment DS2019 within the 14-day cooling off period, this cooling off period will no longer apply.
4.4 The Participant agrees and acknowledges that if a Cancellation Request has been made following the approval of the DS 2019 and prior visa issuance by US Embassy, the Participant accepts and acknowledges that the €100 of the total program is non-refundable, and the Participant hereby revokes any rights of refund or reimbursement from the Company in respect of €200 of total program fee. If application is cancelled after visa issuance by US Embassy/Consulate the full program fee of €20 is non-refundable.
5. COMPANY CANCELLATION
5.1 The Company reserves the right to cancel the Participant’s application or involvement in the Programme should the Participant breach any of these Terms and Conditions or should the Company receive a recommendation by the U.S. Sponsor to cancel the Participant’s application or involvement in the Programme.
5.2 The Company shall not be liable for a failure or delay in performing any of its obligations hereunder, if the failure or delay is occasioned by an event beyond the reasonable control of such party, including but not limited to fire, explosion, flood, war, act of terrorism, act of God, accident, interruption of or delay in transportation, labour dispute, strike, suspension of operations or works (other than of such party’s employees, agents or sub-contractors), government action, riot or rebellion, pandemic, any consequence of the Covid-19 pandemic or any other pandemic or epidemic, including Travel Restrictions, presidential proclamations or executive order (such circumstances to be “Force Majeure”).
5.3 Where, during an event of Force Majeure, the Company cannot proceed with the Programme the Company will not be liable for any failure to process J-1 Visa applications on behalf of the Participants or any other action as set-out in these Terms and Conditions.
5.4 If the Programme is cancelled or suspended by reason of Force Majeure, after the Final Payment has been received by the Company prior to the Programme commencement date, as prescribed by the DS 2019 and the Participant the Participant will receive a €1200 refund of the Total Fee.
6.1 Entire Agreement
These Terms and Conditions constitute the entire understanding of the parties with respect to the matters contained herein and supersedes any previous written or oral agreement between the parties. Except for changes required by the U.S. Department of State or any other government agency with authority over J1 Ireland or the J-1 Visa, these Terms and Conditions may only be altered or amended in writing by J1 Ireland and any such amendments will be effective immediately.
These Terms and Conditions cannot be assigned or transferred.
(a) Any notices or other communication under these Terms and Conditions shall only be effective if it is in writing and in English or accompanied by a properly prepared translation into English. Any notice or other communication under these Terms and Conditions that is delivered by fax shall not be effective for any purpose.
(b) Any notice or other communication given or made under these Terms and Conditions shall be addressed as provided in this clause and, if so addressed, shall, in the absence of earlier receipt, be deemed to have been duly given or made as follows:
(i) if sent by personal delivery, on delivery at the address of the relevant party;
(ii) if sent by commercial courier, on delivery at the address of the relevant party;
(iii) if sent by pre-paid post, two (2) clear days after the date of posting; or
(iv) if sent by email, when sent.
The failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of the right to subsequently enforce each and every provision of these Terms and Conditions.
(a) If at any time any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:
(i) the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions; or
(ii) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms and Conditions.
(b) If any invalid, unenforceable or illegal provision of these Terms and Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
6.6 Limitation on Liability
(a) J1 Ireland, its officers, management, employees, and affiliates will not be held liable for any damage, injury, loss, delay, accident, or expense in connection with the Participant’s involvement in Programme or that is caused directly or indirectly by the Participant or that the Participant contributes to.
(b) J1 Ireland will not be liable to the Participant or to any third party for any consequential or indirect damages or losses.
(c) The Company’s liability shall be no greater than its role as a facilitator of the J-1 Visa and no greater than the amount of the Fees the Participant has paid to J1 Ireland in connection with Programme and nothing herein creates a duty or obligation on J1 Ireland other than any liability that cannot lawfully be excluded or limited in accordance with the laws of Ireland.
(d) The U.S. Embassy issues a J-1 Visa purely at its own discretion. J1Ireland and the U.S. Sponsor do not accept any responsibility in cases where a visa is denied.
(e) J-1 Ireland and the U.S. Sponsor are not responsible for any delays in booking US Embassy interview or the U.S. Embassy processing the visa.
(f) J1 Ireland and the U.S. Sponsor cannot be held responsible for any extra expenses incurred due to delays on the part of the Participants in submitting required supporting documentation.
(g) All job offers submitted must be vetted and approved by the U.S. Sponsor. J1 Ireland cannot be held responsible for any extra expenses due to delays in employer answers calls, responding to emails, or supplying up to date business licence and workers’ compensation documents as part of the vetting process.
6.7 Data Protection
6.8 Governing Law, Jurisdiction And Dispute Resolution
(a) The Company and the Participant will at first instance in good faith attempt to resolve any dispute arising under or connection with these Terms and Conditions.
(b) These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland and the Courts of Ireland shall have non-exclusive jurisdiction in relation to any matter arising therefrom (including any non-contractual disputes or claims).
(c) This Clause 9 will continue in force following the cancellation or termination of these Terms and Conditions.