Contents
3 Your privacy and personal information.
7 Carrying out of the Service.
12 Limitation on our liability.
Please read the following important terms and conditions before you place an order with us and check that they contain everything you want and nothing that you are not willing to agree to.
Summary of some of your key rights (NB: 14 day “cooling off” period does not apply where the contract is concluded by you physically visiting us in our office):
| The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the Service will start within this time, you may be charged for what you’ve used.
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 a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable; if a time hasn’t been agreed upfront, it must be carried out within a reasonable time. This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133. The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully. |
This contract sets out:
• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.
In this contract:
• ‘we’, ‘us’ or ‘our’ means YSA LTD trading as ELITE SURGERY ABROAD incorporated and registered in Scotland with company number SC781538 whose operational office is at Office Unit 77B, 35-37 Rosyth Rd, Glasgow G5 0YE; and
• ‘you’ or ‘your’ means the person using our site to buy Service from us.
If you have any questions about this contract or any orders you have placed, please contact us by sending an email to [email protected].
Who are we?
| We are YSA LTD trading as ELITE SURGERY ABROAD incorporated and registered in Scotland with company number SC781538 whose operational office is at 20-23 woodside place, G3 7QF.
The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you. |
1.1 We are a medical facilitator agency, and the Service we provide (“Service”) consists of arranging surgery abroad via our exclusive agreement with world-class medical clinic groups (“Clinic Groups”) in various countries (“Surgery Country”).
1.2 Whilst we will organise an entire “360 degrees” care pathway for you (“Package”), all of the arrangements facilitated by us will be made, from a contractual point of view, directly between you and the Clinic Group and with other third parties (“Third-Party Providers”).
1.3 Our primary role to you will be to manage the process by liaising between you and the Clinic Group and other Third-Party, Providers, such as transportation companies and making bookings on your behalf.
1.4 We cannot accept any liability or responsibility for the contractual obligations of such Third-Party Providers and all such liability is hereby excluded to the fullest extent permitted by law. In particular, but without limitation, we do not accept responsibility for the surgery undertaken by the Clinic Group.
1.5 The enclosed “How it Works” document explains the full process and is expressly incorporated into the terms of this contract.
1.6 We are only a facilitator. Based upon our agreement with the relevant Clinic Group, our aim is to provide surgery solutions within 2 weeks from the date on which you make payment to us of our fees for providing our Service to you, namely £500 plus VAT (our “Administration Fee”). Exceptionally, patients can be exempted from this fee based on specific circumstances or during promotional plans.
1.7 All costs relating to the surgery, including (without limitation) transportation in the Surgery Country, accommodation and meals, other than our Administration Fee, will be part of the Package to be paid for by you entirely and directly to the Clinic Group and/ or to Third-Party Providers, and the contractual relationship in respect of those matters will be solely between you and such Clinic Group and/or Third-Party Provider. In some cases, payment may be received from you by the Clinic Group and then paid directly to a Third-Party Provider, in which case that particular Third-Party Provider may have a contract directly with the Clinic Group rather than with you.
1.8 In addition to our Administration Fee, it is anticipated that we will receive a commission from the Clinic Group and//or Third-Party Providers.
1.9 Our only contractual responsibility to you, whether under the terms of this contract or otherwise, will be to arrange and pay fees for your aftercare when returning home (depending upon which Package you have chosen and even if the patient has been exempted from the payment of “Administration Fee”). We will make such payment(s) using only the Administration Fee received from you, and therefore our maximum liability under this contract for the provision of our Services to you shall be limited to the amount of such Administration Fee.
1.10 These terms and conditions apply only if you are buying Service as a consumer (ie for purposes outside of your business, craft or profession). If you are buying our Service in the course of business, our business terms and conditions apply to such purchases, which can be accessed by contacting us.
1.11 This contract is only available in English. No other languages will apply to this contract.
1.12 When buying any Service from us you also agree to be legally bound by:
1.12.1 the terms and conditions of the Clinic Group and of any Third-Party Providers;
1.12.2 Extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice; and
1.12.3 Specific terms which apply to certain elements of the Service.
All of the above documents form part of this contract as though set out in full here.
1.13 It is your responsibility to arrange adequate travel insurance to cover you and your party in respect of your Package. Your insurance should include cover against COVID-19 and other health related incidents which may affect or curtail your booking. Please note that it is mandatory for you to have travel insurance; we can assist you in making your choice.
1.14 If the Clinic Group during your stay with them discover additional pathologies or any other matter which was not known about when you booked the Package, including (without limitation) due to any inaccuracy on your pre-admission form, any additional charges levied by the Clinic Group and/or a Third-Party Provider and/or which are incurred by us will be your sole responsibility and payment will be required in advance upon those additional charges being identified but before they are incurred.
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 read the acknowledgement email (see clause 4.4); or
2.1.2 Contact us using the contact details at the top of this page.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 Your privacy and personal information
3.1 Our Privacy Policy is available upon request.
3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
3.3 We will ensure appropriate security measures are in place to protect your personal information. The information you provide us will only be passed onto the Clinic Group and Third-Party Providers of your Package or other organisations necessary for the provision and performance of your Package or as may be required pursuant to the terms of this contract.
3.4 By entering into this contract with us, you agree to the use and disclosure of the information you provide for the following purposes: to enable us to process, administer and fulfil your Package (when it may be transferred abroad and /or to the Clinic Group and Third-Party Providers).
4.1 In our attached “How it Works” document and in clause 1, above, we set out how a legally binding contract between you and us is made.
4.2 Once a contract has been concluded between us and you, you will receive written confirmation from us of the Package you have selected and what this will consist of, but no element of the Package can be provided unless and until you have paid our Administration Fee and transferred a deposit of 50% of the total estimated cost of the Package to the Clinic Group (“Deposit”). The balance of the Package Price must be paid on arrival in the Country of Surgery directly to the Clinic Group.
4.3 We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.3.1 we cannot carry out the Service (this may be because, for example, there is limited availability of essential medical staff);
4.3.2 we cannot authorise your payment;
4.3.3 you are not allowed to buy the Service from us;
4.3.4 we are not allowed to sell the Service to you (for example, because you are under age to buy the requested Service);
4.3.5 there has been a mistake on the pricing or description of the Service; or
4.3.6 Your health condition has changed and does not allow you to travel in total security.
4.4 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
4.4.1 a legally binding contract will be in place between you and us; and
4.4.2 We will provide the Service as agreed.
4.5 If you are under the age of 18 you may not buy Service from us.
5.1 Otherwise then if you enter into this contract by physically attending our offices, you have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the Service during the cancellation period and the Service are fully performed (i.e. the work is completed) during this period. This is further explained in clauses 5.4 and 5.5 below.
5.2 The cancellation period will expire after 14 days from the day of the conclusion of the contract.
5.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this page.
5.4 If applicable, We will not start providing the Service during the 14-day cancellation period unless you ask us to do so. When you place an order for the Service, you will be given the option to request that we start providing the Service during the cancellation period by accepting the contract by replying to us by email. By accepting the contract in this way, you acknowledge that you will lose your right to cancel this contract once the Service is fully performed (i.e. the work is completed). If you do not accept the contract by replying to us by email, we will not be able to start providing the Service to you until the cancellation period has expired. We are not obliged to accept your request. If you accept the contract and later retract your acceptance, the costs of accommodation, surgeon’s fees, and ESA fees will be due. These costs represent 35% of the surgical package and will be deducted from the deposit.
5.5 This means that if you requested for us to start providing the Service during the cancellation period and the Service are fully performed (i.e. the work is completed) during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.
5.6 This does not affect the rights you have if your Service are faulty. A summary of these rights is provided at the top of this page. See also clause 10 below.
6.1 If you cancel this contract, we will reimburse to you all payments received from you unless you requested for us to start providing the Service during the cancellation period, in which case you must pay us:
6.1.1 for the Service we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the Service performed up to that point in comparison with the full price under this contract; or
6.1.2 The full price under this contract, if you lost your right to cancel this contract because the Service were fully performed (i.e. the work was completed) during the cancellation period.
6.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
6.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7.1 We will carry out the Service by the time or within the period set out in the Confirmation Email (see clause 4.4). If you and we have agreed no time or period, we will carry out the Service within a reasonable time.
7.2 Our carrying out of the Service might be affected by events beyond our reasonable control. If so, there might be a delay before we can start or restart the Service, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to start or restart the Service as soon as those events have been fixed.
8.1 All payments must be made in the currency required by us and/or by the relevant Clinic Group and Third Party Providers. We cannot accept responsibility for the impact of exchange rate fluctuations upon the price of elements of the Package. The exchange rate will be as determined by your credit card company at the time of making payment.
8.2 We accept payment by bank transfer or debit/credit card (Visa, MasterCard, Maestro and American Express). We do not charge you a fee for using your card, however your bank or card issuer may apply an additional foreign transaction fee for non-UK registered cards.
8.3 We do not accept cash or cheques.
8.4 We will do all that we reasonably can to ensure that all of the information you give us when paying for the Service is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
8.5 To avoid a third party gaining unauthorised access to any information that you provide to us, we recommend that you install appropriate anti-virus software on your computer.
8.6 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
8.6.2 Mastercard®SecureCodeTM; or
8.6.3 American Express SafeKey.
8.7 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.
9.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The Service that we provide to you must be carried out with reasonable care and skill. In addition:
9.1.1 where the price has not been agreed upfront, the cost of the Service must be reasonable; and
9.1.2 Where no time period has been agreed upfront for the provision of the Service, we must carry out the Service within a reasonable time.
9.2 We are under a legal duty to supply you with Service that are in conformity with this contract.
10.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
10.1.1 contact us using the contact details at the top of this page; or
10.1.2 Visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
10.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
10.3 If the Service we have provided to you are faulty, please contact us using the contact details at the top of this page.
11.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
11.2 The contract continues for: as long as it takes for us to perform the Service; the duration of your obligations under the contract; or as long as you and we have agreed in writing. Either you or we may terminate the contract or suspend the Service at any time by a written notice of termination or suspension to the other if that other commits a serious breach, or series of breaches resulting in a serious breach, of the contract and the breach either cannot be fixed or is not fixed within 14 days of the written notice.
12 Limitation on our liability
12.1 In addition and without prejudice to the limitations to our liability set out in clause 1, and except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
12.1.1 losses that were not foreseeable to you and us when the contract was formed;
12.1.2 losses that were not caused by any breach on our part;
12.1.4 Losses to non-consumers.
12.2 We take all practical steps possible to ensure that the information we provide to you is accurate and up-to-date, but we do rely upon the information given to us by the Clinic Group and Third-Party Providers. If your Clinic Group or Third-Party Providers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will endeavour to pass this information to you.
No one other than a party to this contract has any right to enforce any term of this contract.
14.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Service we have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
14.2 Our Complaint Handling Policy can be obtained by contacting us.
14.3 If a dispute cannot be resolved in accordance with our Complaint Handling Policy or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
14.4 If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.
14.5 The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
14.6 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
