Cosmetic Surgery Trip > Terms and Conditions
Used terms
1. Service means a combination of services and activities provided by the Agency in accordance with the Contract under trade name "Cosmetic Surgery Trip".
2. Customer is the person who made the Contract with the Agency or the person on whose behalf the Contract was made.
3. Agency - Mgr. Šárka Frenclová - Agentura Shark, cestovní agentura (hereinafter referred to as the "Agency"), registered office: Boršovská 20, České Budějovice, post code: 370 07, company reg. No. (IČ): 42414431, providing or intermediating the Service.
4. Order is a unilateral legal act of the Customer made to the Agency with the objective to make the Contract for Provision of the Service with the Agency.
5. Medical Establishment is the state or non-state establishment authorized to provide health care under the legal regulations of the Czech Republic.
6. Medical Services are medical surgeries and operations provided by the Medical Establishment right to the Customer for a consideration under a contract made between the Customer and the Medical Establishment, consisting particularly in plastic and cosmetic surgeries.
7. Day of Initiation of the Service is the day of arrival of the Customer at the Place of Initiation of the Service.
8. Place of Initiation of the Service is the arrival hall... of Ruzyně airport where the Customer is picked up.
9. Complaint is a unilateral legal act of the Customer aimed at exercise of rights arising from the liability for defects of the Service.
Price of the Service and payment conditions
1. The price of the Service (hereinafter referred to as the "Price") is agreed in the Contract.
2. The Price of the Service must be paid by the Customer in advance. Payment of the Advance is one of the preconditions of making a Contract.
3. The Advance on the Price must be settled 28 days before provision of the Service at the latest.
4. Settlement of the Price means that the sum has been put to the account of the Agency or has been paid to the Agency in cash.
5. The Advance shall be included in the Price statement by the Agency upon completion of the Service.
6. The Price of the Service includes services of an assistant at the time of the Service provision to the following extent: accompaniment to and from medical consultations, accompaniment to and from a medical procedure, daily personal visits in the medical establishment or hotel or telephonic contact, 24-hour telephonic availability of the assistant, transport from Praha Ruzyně airport to České Budějovice and back, accommodation and meals to the agreed extent, transport to procedures and medical examinations, medical surgery including local or general anaesthesia, post-operative care in the clinic including necessary medicines if required by the surgery, medical consultations and controls.The Price of the Service does not include insurance of the costs incurred to the Customer in connection with withdrawal from the Contract.
Change of the term
a) If the Customer is not able to arrive to be provided with the Service due to their illness or injury and notifies the Agency of this fact via e-mail 7 days in advance at the latest, presenting a medical certificate evidencing this fact, the Agency shall arrange provision of the Service at an alternative time; however, within 6 months from the originally arranged date at the latest.
b) The settled Advance shall remain with the Agency until the newly agreed date.
Conditions of the Service provision
a) The Agency recommends that the Customer arranges travel and stay insurance.
b) The Customer must be in a good health state and must not suffer from an infectious or virus disease. The Agency holds no liability if the Medical Establishment decides not to provide the Medical Services on the basis of assessment of the current health state of the Customer or due to provision of false information in the Medical Questionnaire.
If the Customer, having obtained Medical Services, does not observe instructions of the Medical Establishment, the Agency holds no liability for any possible consequences.
The Agency has no medical qualification and holds no liability for the work of the Medical Establishment, in particular for the work of doctors and further medical staff.
The Customer is obliged to appear at the Place of Initiation of the Service in time. The costs incurred due to the Customer's delay or other circumstances shall be born by the Customer themselves.
c) If the Customer is a minor child, they must be accompanied by their statutory representative.
d) The Customer must have a valid travel document that will remain valid for at least 6 months.
Withdrawal from the Contract; Compensation
1. The Customer may withdraw from the Contract before provision of the Service.
2. The Customer may withdraw from the Contract by means of a written notice delivered to the address of the Agency. The withdrawal enters into effect upon delivery of the notice of withdrawal.
3. If the Customer withdraws from the Contract, the Customer is obliged to pay the Compensation amounting to
a) 40 GBP if the Customer withdraws more than 28 days before initiation of the Service.
b) 120 GBP if the Customer withdraws 28 days and less before initiation of the Service.
4. The Agency may set off the Compensation claim against the Customer's claim on return of the settled Advance. The difference between the Advance and the Compensation shall be sent by the Agency to the Client's account specified in the Contract, at the Client's expenses.
5. If the Customer fails to arrive to be provided with the Service or fails to exploit the Service for any reasons or interrupts its provision, the Agency may withdraw from the Contract.
6. The Agency may withdraw from the Contract if it cannot provide or arrange provision of the Service due to force majeure, in particular due to natural disasters and adverse effects, military or armed conflicts, terrorist attacks and their perils, strikes, lockouts, closures, civil riots and further events independent of the Agency's will, and due to removal of consequences of such events.
7. The Agency may withdraw from the Contract also if the Medical Establishment refuses to provide the Medical Services under art. III (4) of the GCC or if the Customer states false or incomplete data in the Medical Questionnaire.
8. In case of withdrawal of the Agency from the Contract, the parties hereby agree on the Compensation amounting to the Advance on the Price. The Agency may set off its Compensation claim against the settled Advance.
Protection of trade secrets and personal data; confidentiality obligation
1. The parties are obliged to keep confidential all information provided by the other party in connection with provision of the Service. This obligation shall survive provision of the Service. For the avoidance of doubt, confidential information is any information or specification learnt by the parties while fulfilling their obligations, unless being indicated as non-confidential by the other party, being generally known or available to other persons.
2. The Agency is obliged to keep in secret all information about the Customer and the Service provided to the Customer. The Agency may provide this information only to the necessary extent in connection with the provided Service to the personnel of the Medical Establishment who are bound by medical secret.
Legal order, jurisdiction and liability of the Agency
1. Legal relations between the parties are governed by the Czech law, in particular by the Civil Code.
2. In respect of settlement of disputes between the parties, the parties hereby agree on the local jurisdiction of the District Court or the Regional Court in České Budějovice that have subject-matter jurisdiction to hear a dispute.
3. The Agency holds liability to the Customer for damage to the extent to which liability for damage is regulated by the legal order of the Czech Republic.
4. The Agency holds no liability for damage and other harm arisen due to force majeure and other circumstances specified in art. IV (6) of the GCC at the time of provision of the Service or at the time immediately preceding and consequential to provision of the Service. The Agency shall not pay any damages or compensations also in the event when the above stated circumstances affect its contractual parties providing other services.
5. The Agency holds no liability for damage and other harm if the Medical Establishment decides not to provide the Medical Services on the basis of assessment of the current health state of the Customer or due to provision of false information in the Medical Questionnaire.
6. The Agency holds no liability for damage or other harm if the Customer, having obtained Medical Services, does not observe instructions of the Medical Establishment.
7. The Agency has no medical qualification and holds no liability for the work of the Medical Establishment, in particular for the work of doctors and further medical staff.