Part A: General Information and Terms
1. General Information
For Your convenience, We have listed below some general information:
- “We” are Medical Tourism SA, and the terms “Us” and “our” have a corresponding meaning herein.
- June De Wet Trading Solutions CC T/A Medical Tourism SA is a close corporation incorporated in accordance with the laws of the Republic of South Africa with registration number 2007/014193/23.
- The office bearer of Medical Tourism SA is Faith Cartwright.
- Our postal address and physical address is 3 Rembrandt Road Claremont, 7708 and we will accept service of all legal documents there;
- Our telephone number is +27 (0) 83 633 5558
- Fax number is +27 (21) 6712178
- Our e-mail address is firstname.lastname@example.org .
- “Consultant” means any doctor, surgeon, nurse, beauty practitioner, physiotherapist and/or other consultant who are to perform or has performed the Procedures, or any part thereof, as listed on the Website or as may be specified in the Booking Form;
- “Content” means any information, data, text, software, music, sound, photographs, graphics, video, messages, and tags contained on this Website;
- “Booking Form” means the written agreement to be concluded between Medical Tourism SA and You prior to any Procedures and/or Travel being arranged on Your behalf, which will contain an estimate of the Service Fees, Travel Costs and Medical Costs payable by You;
- “Deposit” means an amount equal to 70% (seventy percent) of the Travel Costs and Service Fees, or such amount as my be indicated on the Booking Form;
- “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
- “Facilities” means the facilities at which the Procedures will be conducted and includes, but is not limited to, salons, consultation rooms, clinics, hospitals and rehabilitation centers;
- “General Enquiry Form” means the form containing the personal and medical information required by the Consultant for the assessment during the initial consultation, to be completed by You upon requesting the Services and submitted to Us;
- “Medical Costs” means all the costs related to the Procedures and includes, but is not limited to, the Consultants’ cost, costs of the Facilities and rehabilitation costs;
- “Procedures” means the medical and/or other cosmetic and/or beauty related procedures, including rehabilitation (including without limitation physiotherapy), listed on the Website or as may be agreed with You in the Booking Form;
- “Services” means the services provided by Us as laid out on the Website that relates to the Procedures and/or Travel and the making of arrangements in respect thereof;
- “Service Fees” means our fees for providing the Services rendered as well as any costs incurred by us in providing same;
- “Travel” means the travel, leisure, holiday and/or recuperation activities to be coupled with the Procedures, as listed on the Website or as may be specified in the Booking Form;
- “Travel Costs” means all costs involved with Travel and includes, but is not limited to, flights, car rental, shuttle services, credit card charges, subsistence and accommodation costs, as may be indicated on the Booking Form;
- “We”, “Us”, “Our” or “Medical Tourism SA” means June de Wet Trading Solutions CC T/A Medical Tourism SA, registration number 2007/014193/23 (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents, and affiliates);
- “Website” means www.medicaltourismsa.com.
- The singular includes the plural and vice versa; and
3. General Conditions of Use for this Web Site
- You acknowledge that Content submitted to this Website by other parties does not necessarily represent our views and that We have not authorised nor endorsed such Content. You agree not to post or transfer to our Website (nor include in any message sent to our Website) any material that is unlawful or violates any third party’s rights, or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer systems. You agree to indemnify Us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of Your obligation hereunder, including, but not limited to, any legal claims made against Us by any third party.
- We reserve the right, in our sole and absolute discretion, without notice to remove any material You have submitted to our Website and/or to suspend and/or terminate Your subscription, access and/or use of any or all of the services and/or this site at any time without prior notice.
- You acknowledge that the ownership of any intellectual property rights (including, without limitation, copyright and patent rights) in this site belongs solely to Us, including any comments, ideas, feedback, suggestions or orders submitted by You. You hereby agree to transfer, cede and assign to Us all Your rights in all such materials You submit to Us upon our request and to take all steps reasonably required and execute any documents to give effect to such transfer. Accordingly, any part of this site (including its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this site, meaning that You may only display it on Your computer screen and print it out on Your printer for the sole purpose of viewing its Content.
- You may only use the trademarks featured in our site for the purpose of displaying this site on Your computer screen or printing out this site on Your printer in accordance with condition 3(2) above. Any other use of the trademarks without prior written consent is strictly prohibited and may render You liable for prosecution.
- We, our subsidiaries, officers and employees do not make any warranties, representations or undertakings, express or implied, about the Content of this site or the services provided herein, nor about the Content of any other Website which may be referred to or accessed by hyperlink from this site, and We do not endorse or approve the Content of any such third party Websites. In particular, We do not make any representations as to the accuracy, suitability, availability, timeliness, security, completeness or reliability of information contained on this site and shall not be bound in any manner whatsoever by the information contained on this Website, including errors and omissions. Furthermore, We do not represent that this site is free of viruses or any other form of malware which may have a harmful effect on any technology, nor that the site is compatible with all computer systems and browsers. Any material and/or information downloaded or otherwise obtained through the use of this Website is thus done at the user’s sole discretion and risk and the user is solely responsible for any damage to computer systems or loss of data that results from the downloading of any such material.
- Due to the nature of electronic transmission of data over the internet, any liability We, our subsidiaries, officers and employees may have for any losses or claims arising from an inability to access this site or use a service on this site, or arising from any use of this site or reliance of the data transmitted using this Website, is excluded to the fullest extent permissible by law, even if We, our subsidiaries, officers or employees were negligent or aware of the problem in advance. In no event will We, our subsidiaries, officers and employees be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated saving and/or other direct or indirect or consequential loss of any kind in contract, delict (including negligence and gross negligence) or otherwise arising out of use of this site, save where such liability cannot be excluded by applicable law. Finally, We, our subsidiaries, officers and employees accept no liability for any service or product advertised, supplied or otherwise promoted on this site by any third party. Our display of such services or products should not be construed as any form of endorsement thereof.
- You agree to indemnify and hold Us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys’ fees on a party and own client scale, made by any third party due to or arising out of Your breach of these terms or the documents it incorporates by reference, or Your violation of any law or the rights of a third party.
Part B: Website Service Terms
- This site is primarily dedicated to the offering of the facilitation and management of various Procedures coupled with Travel within South Africa in a highly personalized manner.
- In order to book Procedures via our Website, the Consultant performing the Procedure needs to approve You as a possible candidate for the requested Procedure by means of an initial consultation.
- You must first complete and submit the General Enquiry Form and forward this document to Us via e-mail of telefax.
- We will then contact you via telephone or e-mail to obtain further information regarding the information you submitted on the General Enquiry Form. Depending on your needs, we will obtain the required medical documentation from the Consultant You requested. It is therefore of the utmost import that You complete the General Enquiry Form as accurately, completely and truthfully as possible. If at any time it becomes evident that any of the information provided in the General Enquiry Form is false or incomplete, the Consultant will be entitled to refuse any further consultations or to perform the Procedure outright.
- In some cases, depending on the Procedures involved, the Consultant may contact you directly by telephone or via e-mail.
- Once the Consultant has identified You as a possible candidate for the requested Procedure, We will forward the Booking Form to You, which will be tailor-made to include the specific Services you requested, and will include an estimate of the costs involved.
- Once we receive the completed Booking Form and payment of the Deposit from You, we will proceed to make Travel arrangements and arrange the final consultation with the Consultant which will take place upon arrival in South Africa.
- In the case of Infertility treatments, Medical Tourism SA completes all the administration and doctor liaison for the client on their request, in order to assist you with tests and examination of tests by the specialists (which is FREE OF CHARGE as per our advertisement) to ascertain whether You are a candidate for treatment. In the event that You are determined to be a candidate, Medical Tourism SA makes all the bookings requested by You based on dates that have been supplied and requested by You, and then You subsequently decide not to go ahead with the treatment without any notice, you will be liable for a R 3 500 (US$ 350, £ 200) administration fee to compensate for our time, phone calls, expertise, support and assistance through this process. Please bear in mind that this process does take much work and special attention, as we deal with a very delicate subject.
- During the final consultation, and notwithstanding the fact that You are already in South Africa, the Consultant will be under no obligation to approve You for the Procedure.
- Information available from this Website is for informative purposes only, and does not constitute medical advice. It is provided to You in order to help You make an informed decision regarding any possible Procedure. You are therefore urged to consult with Your own doctor regarding any potential Procedures listed on the Website.
- Information regarding potential outcomes and results of the Procedure and rehabilitation times afterwards are provided purely for reference purposes. Actual outcomes and rehabilitation times are subject to each individual’s physical condition and should therefore be thoroughly discussed with the Consultant to avoid any potential disappointment regarding the anticipated outcome and results of the Procedure or subsequent rehabilitation.
- Medical Costs listed on the Website are estimations of the costs involved in the Procedure. Estimated costs are to be confirmed with the Consultant during final consultation before the Procedure. Actual costs include factors like theatre time which can only be ascertained accurately following the Procedure.
- In the case of a cancellation, 100% of your deposit will be kept in all instances where you cancel the Procedure or the Travel or any part thereof. You are accordingly advised to obtain travel insurance, if available, to cover Your risks in the event of your cancellation.
3. Limitation of Liability
- We accept no liability for any damage, loss or liability of any nature, howsoever caused, relating to Travel, including without limitation due to:
- any flights or other transport being delayed or cancelled;
- luggage being damaged, stolen or lost; or
- bad weather.
- All offers are subject to the specified Travel option, Consultant and Facilities being available at the desired time.
- We accept no liability for any damage, loss or liability of any nature, howsoever caused relating the Procedures, including without limitation due to:
- the Procedure not taking place due to any reasons whatsoever, including without limitation delays caused by Travel or Your health;
- any injuries You might suffer prior to the Procedure or any condition(s) rendering You unfit for the Procedure which at any stage leads to the cancellation thereof;
- the supply of false, incomplete or insufficient information by You in the General Enquiry Form;
- the Consultant’s refusal or inability to perform the Procedure at the conclusion of Your final consultation, for any reason whatsoever;
- any negligence, gross negligence, misconduct or omissions by Us or on behalf of the Facility, its staff, the Consultant or any other persons involved with the Procedure;
- Your own choices regarding the Procedure; or
- Your reliance on information provided by the Website or the Consultant.
- The Consultant is under no obligation to proceed with the Procedure and his/her decision regarding the Procedure is final. We will not be liable for his/her refusal to proceed with the Procedure at any time, although we will endeavour to assist You to obtain the services of an alternative Consultant, if available. All agreements regarding the Procedure are entered into between the Consultant and You and thus We will not be liable for any Medical Costs, expenses or claims arising from the Procedure.
4. Costs and Payment
- All costs provided on the Website are for reference only. We give no warranties that costs listed on the Website will be current and/or up to date.
- All Travel Costs and Service Fees will be quoted to you in South African Rand and are subject to change.
- The Deposit will be payable before we will make any final arrangements for Procedures or Travel. The Deposit is in any event payable by no later than thirty (30) days prior to the date of Your departure from the country of origin by way of credit card or electronic funds transfer (EFT), failing which your Booking Agreement may be cancelled unilaterally by Us.
- Deposits will be accepted and bookings will be made once the deposit has appeared in Our bank Account. A proof of payment alone will not constitute a deposit payment.
- You will be responsible for all relevant Bank fees, transfer costs, commissions from banks (Yours and Ours) and costs relating to currency exchange in the process of payment to Us. This refers to any payment made, whether it be Cash, Paypal, Credit Card payments or EFT bank transfers.
- The remainder of the Travel Costs and Service Fees (after payment of the Deposit), as invoiced by Us, are to be settled by You in full before Your departure from Your country of origin or to be paid on arrival in Cape Town.
- Medical Costs listed on the Website or laid out in the Booking Form are estimations only of the costs involved in the Procedure. Estimated costs are to be confirmed with the Consultant during final consultation before the Procedure. Actual costs include factors like theatre time which can only be ascertained accurately following the Procedure itself.
- We will not be held liable for the payment of any Medical Costs relating to the Procedure, and You will be responsible to settle same directly with the relevant third party. Certain Consultants may require payment prior to performing the Procedure, which will be Your responsibility.
- If you cancel the booking at any time, you will be held liable for all costs already incurred by Us with regard to the Services provided up to date of cancellation. Without limiting the generality of the aforesaid, You will forfeit 80% (eighty percent) of Your Deposit if the cancellation is made two weeks in advance, and You will forfeit 100% if less than two weeks’ notice is given.
- For all Accommodation booked by Medical Tourism SA for You, for Your surgeries and/or treatments, no refund will be given if Your treatment ends earlier than expected or if you decide to return home earlier than expected. All the accommodation is paid upfront and in full to the proprietor of that particular accommodation by Medical Tourism SA and is non-refundable.
- The nursing period quoted and suggested by Medical Tourism SA in the Package quotation, is based on Our experience of the average stay based on what surgery was undertaken and if the patient is accompanied or not. If, however, You feel that You require additional nursing, the costs thereof will be incurred in addition to the package purchased from Medical Tourism SA.
Part C: Complaints and General
- We aim to provide You with a quality service. If, however, You feel that You are not satisfied and have cause to complain, You can contact Us at the email address given in section 1 of Part A above. We will do our best to resolve any problems that may arise.
- Any failure to enforce any provision of this agreement on Our part will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
- We will have the right to cede, delegate, transfer and assign our rights, obligations and duties hereunder to any person and/or entity, and You hereby consent to such cession, delegation, assignment and transfer as determined by Us.
- We will be excused any failure to perform or delay in performance of any or all of our obligations hereunder as a result of an event of force majeure, including without limitation acts of God (including flood, fire, earthquake or other similar events), riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunications systems, failure of the world wide web, any outages of the internet or related connection or communications, governmental restraints and act(s) of legislature, or any other cause outside our reasonable control.