These Terms and Conditions ("Terms and Conditions") form a legal agreement between you and Globe Health Tours Ltd, a company incorporated in Scotland under the Companies Acts (registered number: SC293897) and whose registered office is at 60 Constitution Street, Leith, Edinburgh, EH6 6RR ("GHT"). Please read the Terms and Conditions carefully before completing your transaction with GHT and print out a copy for your records.

By selecting the "I have read and agree to the terms and conditions above" displayed as part of the ordering process and using the Services (defined below), you agree to be bound by all of the Terms and Conditions. If you do not agree with these Terms and Conditions, select  the "I have read and do not agree" selection and do not use the Services. 

1. Definitions

1.1 The following terms shall have the following meanings:-

"Agreement"	means the agreement between you and GHT, constituted by these Terms and Conditions;
"Commencement Date"	means the date of your acceptance of these Terms and Conditions;

"Intellectual Property Rights"	means patents, inventions, know-how, trade marks (whether registered or unregistered), design rights (whether registered or unregistered), copyright, database rights, together with any and all other intellectual property rights, or rights of a similar nature, whether existing in the United Kingdom or elsewhere, together with any applications for any of the foregoing;
"Medical Tourism Package"	means the hospital, hotel or other accommodation, airline, travel agency service and chauffeur service you have chosen using the Website;
"Services"	means the Website and the services which are made available to you via the Website from time to time;
"Suppliers"	means the hospitals, hotels, airlines, travel agents and chauffeur services and such other services that GHT has agreements with to be an agent, as may be varied from to time;
"Website"	means www.globehealthtours.com or any subsequent URL which may replace it;
"You"	means the individual that purchases services using the Website.

1.2 As used in these Terms and Conditions:-

1.2.1 the singular includes the plural and vice versa; and

1.2.2 the masculine includes the feminine and the neuter.

1.3 Reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended by any subsequent statute, enactment, order, regulation or instrument or as contained in any subsequent re-enactment thereof.

1.4 All headings included in these Terms and Conditions are for ease of reference only and shall not effect the interpretation or construction of the Agreement.

1.5 Reference to a "Clause" is, unless otherwise provided, reference to a clause of these Terms and Conditions.

2. Contractual Relationship

2.1 GHT operates on the basis that it acts as a facilitator with regards to the provision of the Services. This means that GHT shall introduce the Services to you. For the avoidance of doubt, the legal agreements are between you and the Suppliers. This will mean that there are additional terms and conditions governing your Medical Tourism Package. If you have not already obtained a copy of the Supplier's terms and conditions, you can request them from GHT’s customer service by using the Website.

2.2 Any Medical Tourism Package sold through GHT's Website is not an offer by GHT to sell any Medical Tourism Package, but an invitation to you to accept an offer from GHT's Suppliers. You are free to accept that offer or to reject it.

2.3 As the agreements for the Medical Tourism Package are between you and the Supplier, any queries or concerns relating to the Medical Tourism Package should be addressed to them. You will see the name, address and contact details of the Suppliers above.

2.4 Nothing in the Agreement is evidence of a joint venture or partnership. Neither party shall give any undertaking on behalf of the other.

3. Title

You agree that no title to any Intellectual Property Rights in any part of the Services is transferred to you. Title and ownership of all Intellectual Property Rights in and to the Services shall remain the exclusive property of GHT.

4. Your Responsibilities

4.1 You shall provide all reasonable information to GHT and the Suppliers in order to allow the Suppliers to assess your medical condition and for GHT to provide the Services. This may include, but not be limited to, photographs, doctors' references and medical reports.

4.2 Any visa, passport, and inoculation requirements are your responsibility and failure to obtain the relevant documentation and inoculations is not the responsibility of GHT or the Suppliers.

4.3 Where a Supplier allows you to cancel or modify a Medical Tourism Package, you must contact GHT's customer service and the Suppliers in writing of such a request. Unless GHT and the Suppliers receive such a written request, the Suppliers will be unable to effect that request. Please note, that because the contract for the Medical Tourism Package is between you and the Suppliers, GHT has no discretion in deciding whether the Medical Tourism Package can be cancelled or modified.

5. GHT's Responsibilities

5.1 It is important that you recognise that some parts of the Medical Tourism Package are sold "subject to availability". What this means is that GHT does not confirm your order immediately. Your first confirmation e-mail will just be an acknowledgment of order. GHT will pass your details onto the Suppliers who will check to see if their part of the Medical Tourism Package is available. The Suppliers shall confirm their part of the Medical Tourism Package to you directly and advise you of any additional requirements.

5.2 If it is not possible to get tickets for the Medical Tourism Package to you (e.g. because your travel date is imminent), GHT may insist that you have an "e-ticket" generated. This means that you will have to pick up your ticket at your point of departure. GHT will make sure you know exactly where to pick up your tickets.

6. Hospital Cancellation/Amendment

6.1 In the event that you would like to cancel or amend your hospital booking, it is your responsibility to notify GHT and the Suppliers in writing at least five working days prior to arrival date. For the avoidance of doubt, cancellation of the Medical Tourism Package within five working days prior to your arrival date will incur a cancellation fee of up to fifty percent (50%) of the treatment cost, as the Suppliers may determine, using their sole discretion.

6.2 GHT applies an administration fee of £50 per booking for any modifications, changes or cancellations ("GHT's Fee"). This will be regardless of the price of your booking. For the avoidance of doubt, the Administration Fee shall be waived by GHT if your booking is modified, changed or cancelled through your ill health, subject to GHT obtaining reasonable evidence from your doctor that your ill health has caused such modification, change or cancellation.

In addition to GHT's Fee, most hospitals may also have a penalty or cancellation fee for any changes or cancellations to a booking. This may be either calculated from the date of amendment/cancellation to the date of arrival or one set fee ("Hospital Fee"). Customer service will advise you if you decide to proceed with the changes.

6.3 GHT's Fee and the Hospital Fee shall become immediately payable upon GHT's receipt of your e-mail confirming your cancellation or amendment. You agree that GHT may charge GHT's Fee to your credit card or otherwise bill you.

6.4 Any rates stated are inclusive of VAT unless otherwise stated.

6.5 Please be aware that any hospital room photos are only a depiction of the type of rooms on offer and may not represent the actual room described.

6.8 The foreign hospital dossiers displayed on the Website may have their rates identified in both GBP sterling as well as the local currency; or any other currency as requested by the specific hospital supplier, although the preference will be US Dollars. Unless stated otherwise, at the time of final payment, the rates you will be charged by the hospital shall be as expressed in the local currency (or in any other currency as determined by the hospital) and not necessarily in GBP sterling. Please be aware any subsequent conversion of the local currency to GBP sterling by the hospital on your behalf may differ from the GBP sterling rates detailed in any confirmation e-mail or on the Website.

7. Billing

7.1 You agree to provide GHT with complete and accurate billing and contact information. This information includes your name, address, e-mail and address. You agree to update this information as soon as possible should any of that information change. If the contact information you have provided is false or fraudulent, GHT reserves the right to immediately terminate your access to the Services in addition to any other legal remedies which may be applicable.

7.2 The debit or credit card you are using must be your own and there must be sufficient funds to cover the cost of the Medical Tourism Package.

7.3 The Suppliers charge and collect in advance for the Medical Tourism Package. GHT will pass your credit card details (or other details of any other payment method allowed) and any other essential booking details to the Suppliers. The placing of an order for any Medical Tourism Package by you will constitute consent to GHT passing on such details.

7.4 If the Administration Fee remains unpaid for [30] days from the due date as detailed in Clause 6.3, GHT reserves the right, in addition to any other right granted to GHT herein, to suspend or terminate your access to the Services. GHT shall also be entitled to charge interest on any sums outstanding at a rate of 5% over the base rate of The Royal Bank of Scotland as may be varied from time to time, from the due date for payment until receipt of cleared funds, plus all expenses of collection.

8. Representations and Warranties

8.1 Each party represents and warrants that it has the legal power and authority to enter into the Agreement.

8.2 GHT confirms that it will provide the Services with reasonable skill and care.

8.3 GHT offers the highest levels of services. GHT’s reputation of high standards is paramount and, therefore, at all times GHT will use all reasonable endeavours to secure appropriate levels of international healthcare standards using the best doctors available. All hospitals and clinics have met local and international accreditations as represented on the website and their surgeons’ and physicians’ qualifications and experience have been carefully reviewed.

8.4 You should not rely on this information to determine diagnosis, prognosis or a course of treatment.

8.5 You represent and warrant that you have not provided any false information to gain access to the Services and that all the details you give to GHT whilst using the Services are correct.

8.6 Except as otherwise provided in this Clause 8, GHT makes no representations or warranties and expressly excludes the same whether express, implied or otherwise in so far as it is not prevented by legislation from so doing.

8.7 You acknowledge that no Website can be error free and agree that the existence of such errors in the Website shall not constitute a breach of the Agreement.

8.8 The internet is not a secure medium for communication. GHT cannot guarantee that any information you submit to GHT, through the Website or by e-mail, will arrive safely or be secure from interception by third parties.

8.9 The materials presented on the Website and in any brochures and sales documents GHT may supply, may be relied upon for information only. Information presented on the Website and in any brochures and sales documents GHT may supply are compiled from a variety of sources and should not be used in place of a professional consultation with a doctor. You should never disregard the advice of your physician or other qualified health care provider because of any information you read in GHT’s sales literature. GHT cannot guarantee that any information provided by GHT through its Website will meet your health or medical requirements.

9. Indemnification and Limitation of Liability

9.1 You acknowledge and agree to hold GHT harmless and that GHT shall not be responsible for any claims, losses or damages, whether direct or indirect, arising out of or relating to the use of the Services, except to the extent that such liability cannot be excluded by law.

9.2 GHT will make all reasonable endeavours to correct errors and omissions as quickly and as practicable after being notified of them. However, because of the sophisticated technology that is required in operating the Website, there may be times when obvious errors occur. For example, very occasionally, this may result in a price, service or other detail displayed or presented on the Website being incorrect. In this case, GHT reserves the right to cancel your Medical Tourism Package order, but this, of course, will be without any liability to you.

9.3 Subject to the provisions hereof and except insofar as GHT's liability may not be excluded or limited by law, you acknowledge and agree that GHT's aggregate liability, whether under the Agreement or otherwise, shall be limited to the total amount of commission obtained by GHT from the Suppliers for your Medical Tourism Package.

10. Internet Delays

The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. GHT is not responsible for any delays, delivery failures, or other damage resulting from such problems including, but not limited to, interruption of the Services or failure to complete your Medical Tourism Package order.

11. Data Protection and Privacy Policy

11.1 GHT takes the privacy of your data very seriously. If this policy changes, we will let you know via the Website, but GHT assures you that GHT will only use your data as specified here and for GHT's legitimate business reasons.

11.2 GHT collects data on you from a variety of different sources. These include, but are not limited to, when you:-

11.2.1 contact GHT's customer service; and

11.2.2 purchase Medical Tourism Packages using the Website.

11.3 GHT will require to collect data about you to process the transaction, fulfil your order and provide you with the Services.

11.4 Unless GHT has your express consent, GHT will only disclose your data to third parties if this is required for the purpose of completing your transaction with the Suppliers. This is, of course, subject to the proviso that GHT may disclose your data to certain permitted third parties, such as GHT's own professional advisers who are bound by confidentiality.

11.5 GHT facilitates the transfer of information and medical records between you, your doctor or specialist, and the local surgeon or physician. Any information that is stored temporarily by GHT about you, is held in a secure environment. Further, this information is not released to anyone without your express permission.

11.6 GHT may also use your personal information for internal administration and analysis.

11.7 GHT does not sell, rent or trade your personal information to third parties for marketing purposes without your express consent.

11.8 For any of the above purposes, GHT may send your information internationally including to countries outwith the European Economic Area. Some of these jurisdictions offer differing levels of protection of personal information, not all of which may be as high as in the UK.

11.9 In the UK, GHT operates and is registered in accordance with the applicable data protection legislation.

11.10 By disclosing your personal information to GHT, you consent to the collection, storage and processing of your personal information by GHT in the manner set out in this Clause.

11.11 The obligations of confidentiality detailed in this Clause shall not apply to confidential information which:-

11.11.1 prior to receipt thereof by the recipient party was in the possession of the recipient party and at its free disposal;

11.11.2 is subsequently disclosed to the recipient party without any obligations of confidence by a third party who has not derived it directly or indirectly from the disclosing party;

11.11.3 is or becomes generally available to the public in printed publications or by general circulation through no act or default of the recipient party or its agents or employees; and/or

11.11.4 is required to be disclosed by law.

12. Force Majeure

GHT shall be under no liability to you in respect of anything which may constitute breach of the Agreement arising by reason of force majeure, namely, circumstances beyond the control of GHT which shall include, but shall not be limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority; inability to supply the Services, materials, breakdown of equipment and labour disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lockouts.

13. Waiver

Failure or neglect by GHT to enforce at any time any of the provisions hereof shall not be construed, nor shall be deemed to be a waiver of the GHT's rights hereunder, nor in any way affect the validity of the whole or any part of the Agreement nor prejudice GHT's rights to take subsequent action.

14. Severability

In the event that any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall, to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

15. Entire Agreement

The Agreement constitutes the entire agreement and understanding and supersedes any previous agreement and understanding between the parties hereto relative to the subject matter hereof.

16. Amendment

16.1 GHT reserves the right to modify the terms and conditions of the Agreement at any time, effective upon posting of an updated version of the Terms and Conditions on the Website. Continued use of the Services after any such changes shall constitute your consent to such change.

16.2 GHT reserves the right to change information, specifications and descriptions of the Suppliers and Services at any time.

17. Notices

17.1 Unless otherwise stated in the Terms and Conditions, any notices required to be given under the Agreement by GHT to you shall be in writing and shall be served by sending the same by pre-paid recorded delivery post to the address as detailed in the information you have given to GHT under Clause 7.1 or to such other address as may have been previously notified.

17.2 Unless otherwise stated in the Agreement, any notice to GHT shall be sufficiently served if served as aforesaid to 55 Constitution Street, Leith, Edinburgh, EH6 7BG and marked for the attention of the administrator.

17.3 Unless otherwise stated in the Agreement, any notice to you shall be sufficiently served if served as aforesaid to the address provided to GHT along with your billing information.

17.4 Any notice served by recorded delivery post as provided in this Clause 17 shall be deemed duly served at the expiry of 3 days after the date of posting. In proving service, it shall be sufficient to prove that the envelope was properly addressed, stamped and posted to the appropriate party in accordance with this Clause 17.

18. General

18.1 The Agreement shall be binding upon the parties and you shall not novate, assign or otherwise transfer the Agreement without the prior written consent of GHT. GHT reserves the right to novate, assign or transfer the Agreement at any time.

18.2 If there is a conflict between the Agreement and any provision in any supplemental agreement or policy, the provisions of the Agreement will prevail, unless that supplemental agreement or policy expressly provides to the contrary.

19. Governing Law

The parties hereby agree that the Agreement shall be construed in accordance with and governed by Scots law and both parties hereto hereby agree to submit to the exclusive jurisdiction of the Scottish courts in all matters pertaining hereto.

 

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