Terms and Conditions, Responsibilities and Procedure


Hourglass Cosmetic Clinic special offers


Combined surgeries

This offer is available on combined surgeries.
This offer is available to new clients and existing clients.
This offer is available on selected surgeries.
Combined surgeries need to be booked and performed under the same package.
Offers cannot be used in conjunction with any other offers.
Offers are available to single client surgery only.
All offers must be agreed before surgery.
Hourglass cosmetic clinic reserves the right to withdraw this offer at any time without the
prior consent of the client.
This offer is made subject to Hourglass cosmetic clinics policy and full terms & conditions.


Invite a friend offer

This offer is available on two clients traveling and staying together.
Both clients taking up the offer, must both be having surgery. (It is possible to take a partner
or friend, whilst undergoing surgery. However this offer does not apply, although travel and
accommodation can be arrange through hourglass cosmetic clinic).
This offer is available to new clients and existing clients.
Offers cannot be used in conjunction with any other offers.
All offers must be agreed before travel.
Hourglass cosmetic clinic reserves the right to withdraw this offer at any time without the prior
consent of the client.
This offer is made subject to Hourglass cosmetic clinics policy and full terms & conditions.
All offers are valid for a 3 month period and if another quote is given, prices may change.

 

General

Hourglass Cosmetics is the trading name of Hourglass Cosmetic Clinic, which is referred to as “Hourglass” in these Terms and Conditions.

Hourglass provides arrangement and co-ordination services between you the patient (hereafter “you”) and the clinic, surgeon or other provider (hereafter referred to as “the Provider”) of the surgery, medical advice, treatment or services (hereafter “medical services”) in Turkey.

In these Terms and Conditions, the headings to the clauses are for ease of reference only and shall
not affect the interpretation or construction of the clauses themselves. The legally-binding agreement concluded on your making a booking will be subject to these Terms and Conditions and will be referred to hereafter as “this Agreement”.

Hourglass’s Responsibilities


Hourglass’s role is limited to providing arrangement and co-ordination services, such as arranging for consultations or liaison or communication of information between you and the Provider, and making travel and accommodation and similar arrangements for you for the purpose of the medical services provided to you by the Provider.

Patient’s Responsibilities

Responsibility for the medical services provided to you by the Provider is the sole responsibility of the Provider. If you are in doubt about what the Provider’s responsibility consists of or involves, you should obtain your own legal advice about this.

You should seek advice from your General Practitioner when considering and before deciding upon any surgery, and you should undergo any appropriate health checks and tests before you decide upon such surgery.

Surgery of any kind carries risks. The risks include medical complications during the operation or afterwards, the risk that the surgery may not be successful and, in particular with cosmetic surgery, the risk that you might not be satisfied with the result. You should make sure that you discuss with your GP and with the Provider’s surgeon or other staff the risks of and your expectations from the surgery.

You will need to complete the Patient Form provided by Hourglass and you warrant that the answers provided by you are complete, correct and up-to-date. You also warrant that your health is such that you are fit to travel and to undergo surgery. You also warrant that you will disclose (whether in the Patient Form or elsewhere) all information relating to your health, whether physical or psychiatric / psychological, which may be relevant to the provision of the medical services envisaged. Hourglass relies on you to provide all relevant health information, and relies on such information being complete, accurate, and up to date. Hourglass accepts no responsibility for any injury loss or damage, howsoever caused, if such injury loss or damage is caused in whole or in part by any failure on your part to provide complete, correct and up-to-date information as to your health.

You agree to provide such photographs of any relevant areas of your body as may be required by Hourglass or the Provider (usually from the front and from both sides) for the purpose of the proposed medical services. These photographs will be used by Hourglass for the purpose of your medical treatment only and will be subject to the requirements of data protection and confidentiality.

You should take time to consider any decision you may make following any consultation as suggested below or any of your queries being answered by the Provider. Hourglass suggests a consideration period of at least 14 days before making a decision.

Consultation in the UK

Hourglass arranges for surgeons or other medically qualified staff of the Provider to visit the UK from time to time for the purpose of consultations with prospective patients. It is recommended that you attend such a consultation and, if you wish to do so, Hourglass will make the arrangements for the consultation.

Booking / Payment of Deposit

You can book your treatment by paying to Hourglass a deposit of 10% of price of the package, with a minimum of £250. Hourglass will thereupon make travel and accommodation arrangements (if you require travel and accommodation) and Hourglass will make arrangements for you to attend the Provider’s surgeon in Turkey for a consultation before surgery.

Until you have booked and paid the deposit, Hourglass reserves the right to alter any price which has been advertised or which has been quoted to you.

If the price includes travel, this includes air fares and transfers to and from the airport for both outward and return journeys. If the price for the package includes accommodation, hotel accommodation is included but Hourglass is not liable for extras such as hotel meals, telephone bills and such like.

The dates of travel and consultation / surgery are to be agreed between you and Hourglass, and will be within 3 months of the payment of the deposit.

You will be required by Hourglass to sign a Consent Form for the medical services.

Cancellation prior to Travel

You may decide to cancel the arrangement at any time until travel tickets are issued or accommodation is booked, and in that event the full deposit will be refunded. Once travel tickets have been issued or accommodation has been booked, you may still decide to cancel, but the refund will be subject to
(i) any ticket issuer’s and accommodation provider’s cancellation policy and (ii) Hourglass’s administration charge of £50.

Payment of Balance

The balance of the price of the package is to be paid at least two days before your departure for Turkey. If the balance is not paid, the consultation and surgery in Turkey will not take place unless and until payment is made to Hourglass.

Payment under the package in relation to the cost of the medical services is received by Hourglass as agent for an on behalf of the Provider. Hourglass will pay the cost of the medical services to the Provider, retaining an element agreed between Hourglass and the Provider for commission. The Provider is solely responsible for the provision of the medical services to you, and Hourglass is not responsible for the same and gives no representation or warranty in relation to the medical services.

Cancellation prior to Surgery

You may decide to cancel the arrangement at any time before surgery takes place, for example following the consultation in Turkey with the Provider or Surgeon before the operation. In this event the price of the package will be refunded subject to: (i) any travel and accommodation expenses incurred;
(ii) Hourglass’s administration charge of £150; (iii) for the groups: special or group discounts, if given;
(iv) any minimum booking fees if not refunded by provider.

Post-Surgery 


If there are medical complications during or after your surgery, these are a matter between you and the Provider. If further procedures or emergency treatment are necessary, this could involve further charges or expense. Hourglass is not responsible for any such further procedures, treatment or charges, which are a matter between you and the Provider. You should consider insuring against the possibility of such an occurrence.

After your return from Turkey following surgery, Hourglass will provide further information or liaison between you and the Provider as may be necessary during the recovery period after surgery. Any information or advice provided, or any equipment provided, is provided by Hourglass as the agent of the Provider, and the Provider is solely responsible for the same. Hourglass is not responsible for, gives no representation in relation to, and does not warrant, any such further advice, equipment or treatment.

Liability


Hourglass and its personnel are not medically qualified, and Hourglass does not undertake responsibility for or warrant in any way the medical services provided to you by the Provider.

The information on this website about cosmetic surgery and related matters is believed by Hourglass
to be correct, and has had the approval of the Provider. However, the information does not constitute
a representation by Hourglass and is not warranted by Hourglass, and you should raise all matters
of importance or concern to you with the surgeon or other staff of the Provider at your consultation.

Hourglass does not undertake responsibility for, give any representation in relation to, or warrant in any way, the medical services provided to you by the Provider, whether before you go to Turkey, in Turkey,
or following your return from Turkey. Further and in any event, and subject always to s.2(1) of the Unfair Contract Terms Act 1977: (i) Hourglass does not accept any liability for any consequential loss howsoever caused; and (ii) any liability on the part of Hourglass for financial loss will be limited to the full price of your package.

If you are dissatisfied with the results of your surgery, and contemplate either further surgery (whether
at your expense or at the expense of the Provider) or legal proceedings against the Provider, this is a matter between you and the Provider. Hourglass will in principle, but without legal obligation, be willing
to assist you with arrangement, liaison or co-ordination services between you and the Provider, but Hourglass’s role will be limited to such arrangement, liaison or co-ordination services, and Hourglass is not responsible for, makes no representation in relation to, and does not warrant, the result of any further surgery. Hourglass Global Clinics will not be responsible for loss of any valuables; that were not given to the Hourglass representative by signature.

Force Majeure 

Neither Hourglass nor you will be liable for any failure to perform or delay in performance of any of its or your obligations pursuant to this Agreement caused by circumstances beyond the reasonable control of that party (a Force Majeure Event). The party relying on the Force Majeure Event shall promptly notify the other in writing of its reasons for the delay or stoppage and its likely duration and shall take all reasonable steps to overcome the delay or stoppage. Subject thereto, the part(s) obligation to perform will be suspended for the duration of the Force Majeure Event and its time for compliance extended by an equivalent period. Any costs arising from such delay or stoppage shall be

borne by the party incurring them. If the Force Majeure Event continues for more than 30 days consecutively, either party may terminate this Agreement with immediate effect on giving written notice to the other party and neither shall be liable to the other for such termination.

Assignment 

Neither Hourglass nor you shall assign, transfer, charge or deal in any other manner with any of rights or obligations arising under this Agreement without the prior written consent of the other, such consent not to be unreasonably withheld or delayed or made subject to unreasonable conditions.

Entire Agreement 

The provisions set out in these Terms and Conditions shall constitute the complete and only agreement and understanding between the parties relating to the subject matter of this Agreement. The parties each agree with the other that neither of them has been induced to enter into this Agreement in reliance upon any warranty, representation, statement, agreement or undertaking of any nature whatsoever (whether negligently or innocently made) other than as are expressly set out in this Agreement. The only remedy available to the parties for breach of the terms of this Agreement shall be for breach of contract and each of the parties hereby unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have in relation hereto.

No variation of this Agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.

Third Party Rights

It is not intended that any person apart from Hourglass and you will be entitled under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any of the terms of this Agreement.

Severance

If any term or provision of this Agreement shall be, become or be declared by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, then such illegality, invalidity or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect. The parties agree to substitute for such term or provision a legal, valid or enforceable term or provision which achieves, to the greatest extent possible, the same effect
as would have been achieved by the illegal, invalid or unenforceable term or provision. 

Non-Waiver

The failure of either party to enforce or exercise at any time or for any period any term of or any right arising under or by virtue of this Agreement shall not be construed as a waiver of any such term or right and shall in no way affect that party(s right later to enforce or exercise it. 

Notices 

Any notice, invoice or other communication which either party is required or permitted by this Agreement to serve on or send to the other party shall be sufficiently served or sent if sent, in the case of Hourglass, to its address at Montana 8 Acomb Terrace Wyke Bradford BD12 8JS or, in the case of you, to the address notified by you at the time of your making a booking by hand, by registered or recorded delivery or first class post or by facsimile transmission confirmed by registered or recorded delivery or first class post or, in either case, by e-mail to an e-mail address notified or used by the other party at the time of making the booking.

Notices, invoices or other such communications shall, if sent by hand, be deemed to be served or delivered on the day on which they are actually delivered or, if sent by post, on the second working day after the day of posting or, if sent by facsimile transmission and post, on the day of facsimile transmission if transmitted before 4.00 pm and otherwise on the next working day or, if sent by e-mail, at the time of sending subject to the e-mail not being returned as undeliverable or for any other reason.

Governing Law and Jurisdiction 

This Agreement shall be governed by and construed in accordance with the law of England and Wales.
Each of the parties irrevocably submits to the exclusive jurisdiction of the Courts of England and Wales over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement.

Dispute Resolution
 
If any claim or dispute arises under or in connection with this Agreement, the parties will attempt to settle such claim or dispute by negotiation.

If any claim or dispute cannot be settled by negotiation within 21 days after either party has served a notice on the other party stating its willingness to attempt to negotiate a settlement, the parties shall, before resorting to court proceedings, attempt to resolve the claim by mediation in accordance with the Centre for Dispute Resolution Model Mediation Procedure.

If the parties have not settled any claim or dispute by mediation within 42 days from the initiation of the mediation, the parties or either of them shall be at liberty to commence court proceedings in relation thereto.

 

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