1.1 What these terms cover. These are the terms and conditions on which we supply Services to you.
1.2 Why you should read them.
Please read these terms carefully before you confirm your booking and transfer our Service Fee to us. These terms tell you who we are, what Services we provide for you, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. They also set out our relationship with the Surgical Provider and how you will enter into a contract with them to perform your procedure. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are.
We are Serene Medical Ltd a company registered in England and Wales with company registration number is 09996123 and our registered office at Egerton House, 55 Hoole Road, Chester, England, CH2 3NJ.
2.2 How to contact us.
You can contact us by writing to us at our registered office above or email: firstname.lastname@example.org.
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
3. Our contract with you
3.1 How we will accept your booking.
Our acceptance of your booking will take place when we call or email you to accept it, at which point a contract will come into existence between you and us in relation to our providing our services to you. Please see condition 4.2 for information about when you will enter into a contract with our recommended surgical providers.
3.2 If we cannot accept your booking.
If we are unable to accept your booking, we will inform you of this in writing and will not charge you for the Services. This might be because you are not medically suitable for to receive the treatment you have requested, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Service or medical treatment, because our partner medical providers do not have availability or because we are unable to meet a deadline you have specified.
4. Our Services
4.1 What do we do?
We are a provider of consultancy services in connection with the receipt, by our customers, of cosmetic surgical procedures (“Procedures”) outside the UK. These consultancy services (“Services”) include introducing you to quality cosmetic surgeons across the world and providing advice and guidance in connection with the processes and practicalities of having cosmetic surgery abroad by answering questions you may have in connection with the process as well as managing your booking on your behalf.
PLEASE READ THIS NEXT SECTION CAREFULLY
4.2 What we do not do.
For avoidance of doubt, except where otherwise specified, we act only as an agent in respect of all bookings we make on your behalf and we are not responsible for (and our Services do not include) performing the Procedure. You will be required to enter into a direct contract with your chosen surgical provider (“Surgical Provider”) when you arrive at the hospital to undergo your procedure.
4.3 We recommend that you fully and carefully read any and all documentation and provided by your Surgical Provider as those will set out the terms and conditions which apply to your receipt of medical services from the Surgical Provider and, if there is a problem with the Procedure, it will be the Surgical Provider who is responsible although we will help you with all communications if this becomes necessary. This documentation may be governed by laws which are not UK laws and so, if you have any queries on these terms, we recommend contacting a legal advisor in the country where you are having the Procedure.
4.4 In addition, accommodation and services provided other than in the UK may be provided in accordance with local standards which may be different than in the UK. If you anyone travelling suffers injury, illness or death while you are staying at the accommodation or receiving services (including the Procedure provided by the Surgical Provider) that we have booked for you, you should tell us and the supplier involved about it. Whilst we have no direct control over the way our suppliers maintain and operate their businesses, we may still need to investigate this matter and will provide support to you in your dealings with them.
5. Changes to the Services & these terms
5.1 If you wish to make a change to the Service we provide or to a booking you have with the Surgical Provider please contact us. We will let you know if the change is possible and will liaise with the Surgical Provider on your behalf. If your change is possible we will let you know about any changes to the price of our Services or any price charged by the Surgical Provider in connection with the Procedure you have booked through us and any other practical issues. If we cannot make the change or the cost or impact of making the change are unacceptable to you, you may want to end the contract (see condition 7).
5.2 To reflect the Procedures and processes of Surgical Providers we introduce to you, as well as other legal requirements and changes to our business, we may make changes to these terms or the Services from time to time. We will only make changes of this type where it is reasonable for us to do so and, if we do, we will notify you and you may then contact us to discuss ending the contract before the changes take effect.
6. Providing the Services
6.1 When we will provide the Services.
We will begin providing our Services when you agree that you want to go ahead with the Procedure or as otherwise agreed with you.
6.2 Reasonable Care and Skill.
We will carry out our Services with reasonable care and skill and will make recommendations that we reasonably consider to best reflect the requirements that you identify to us.
6.3 We are not responsible for delays outside our control.
If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.
6.4 What will happen if you do not give required information to us.
We may need (and will request) information from you so that we can supply the Services to you and so that we can book you in with the Surgical Provider. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and condition 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the correct information we need within a reasonable time of us asking for it.
6.5 We may suspend supply of Services if you do not pay.
If you do not pay us for the Services or make payment to the Surgical Provider when you are supposed to (see condition 11.3) and you still do not make payment =, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. As well as suspending the Services, we can also charge you interest on your overdue payments (see condition Error! Reference source not found.).
7. Your rights to end the contract
7.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have booked, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
7.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at conditions (a) to (d) below, the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
(a)we have told you about an upcoming change to our Services or these terms which you do not agree to;
(b)we have told you about an error in the price or description of the Services we provide or the Procedure you have ordered and you do not wish to proceed;
(c)there is a risk that supply of the Services or your Procedure may be significantly delayed because of events outside our control;
(d)you have a legal right to end the contract because of something we have done wrong.
7.3Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For Services ordered other than in a shop, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 How long do I have to change my mind?
You have 14 days after the day we email you to confirm we accept your booking. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
7.5 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see condition 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) a reasonable amount as compensation for the net costs we will incur as a result of your ending the contract
7.6 .Cancelling your Procedure.
Please note that the cancellation right where you have changed your mind only applies to the Services which we providing and you are not able to cancel your Procedure for this reason. As such, if you want to cancel the Procedure with the Surgical Provider, please let us know and we will liaise with the Surgical Provider on your behalf.
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract.
To end the contract with us, please let us know by emailing us at email@example.com providing full details about your booking.
8.2 How we will refund you.
We will refund you the price you paid for the Services, by the method you used for payment. However, we may make deductions from the price, as described below.
8.3 Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.4 When your refund will be made.
We will make any refunds due to you as soon as possible and, in any event within 14 days of your telling us you have changed your mind.
9. Our rights to end the contract
9.1 We may end the contract if you break it.
We may end the contract at any time by writing to you if:
(a) You do not make any payment to us when it is due; or
(b) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services.
9.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in condition 9.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the Services.
We may write to you to let you know that we are going to stop providing the Service in relation to certain Procedures (for example if the Surgical Provider stops providing procedures of that type). We will let you know as soon as we can and will refund any sums you have paid in advance for us to provide Services which will not be provided. If a Surgical Provider is not able to perform a Procedure, we will liaise with the Surgical Provider on your behalf.
10. If there is a problem with the Service
10.1 How to tell us about problems.
If you have any questions or complaints about the Services we provide, please contact us. If you have any questions or complaints about the Procedure then please contact us and we will liaise with the Surgical Provider on your behalf.
10.2 Summary of your legal rights.
We are under a legal duty to supply Services that are in conformity with this contract. As mentioned above, we are not providing medical services and so
See the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.See also condition 7.3.
11. Price and payment
11.1 Where to find the price for the Services.
The price of our Services and the price for the Procedure (which you will pay to the Surgical Provider) will be the price as told to you over the telephone or in the course of our email exchanges. We use our best efforts to ensure that the price of the Procedure advised to you is correct. However please see condition 11.2 for what happens if we discover an error in the price of the Procedure you book.
11.2 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the Procedures we book on behalf of our clients may be incorrectly priced. We will advise you if we become aware this is the case. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
11.3 When you must pay and how you must pay.
We accept payment by bank transfer. You will be advised of when you need to pay by email. You will have to pay our charges in advance (our “Fee”) with the fee payable to the Surgical Provider (“Surgical Fee”) due when you arrive in Istanbul, the day before your Procedure. Payment of the Surgical Fee
will need to be made direct to the Surgical Provider’s patient coordinator at the recovery house in either cash (pounds sterling GBP) or you can pay on the card machine using a credit or debit card. Please be aware that there will be a fee (charged by your bank) incurred if you pay via card.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 As mentioned at conditions 4.2 to 4.4, our Services do not include actually performing the Procedure which is performed by the Surgical Provider which will be subject to your direct contract with them. As such, we are not liable for any loss or damage you suffer in connection with the Procedure itself except where it results from us failing to use reasonable care and skill in relation to the Services which we do provide.
12.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence in providing our Services or the negligence of our employees, agents or subcontractors in providing our Services; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to our Services as summarised at condition 10.2.
12.4 We are not liable for business losses.
We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. How we may use your personal information
13.1 How we may use your personal information.
We will only use your personal information as set out in our Privacy Statement.
14. Other important terms
14.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
14.5 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.