Terms and Conditions

Terms and Conditions

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SUBJECT MATTER OF CONTRACT
  1. By this service contract, which consists of the general and special terms set out in separate documents (hereinafter the Contract), the Service Provider and the Customer (hereinafter collectively referred to as the Parties) agree on the provision of services for remuneration by finding the plastic surgery specialists and/or medical institutions with highest qualification that meet the Customer’s preferences and organising the entire process until the Customer is fully provided with the required plastic surgery services (hereinafter the Services).
  2. Special conditions are provided to the Customer together with the invoice for booking of the surgery date.
  3. The Customer is aware that the Service Provider is not an entity providing professional medical services, therefore neither he, his employees or related persons will be able to provide any medical services in person, including but not limited to medical advice before or during the trip, but the Service Provider undertakes to ensure that all questions arising forthe Customer should be answered in detail by specialists providing professional medical services and provided to the Customer before the decision on the ordering of the services. All questions arising after surgery and healing would also be answered in a comprehensive and timely manner.
  4. The Service Provider undertakes to provide the Customer with all information related to the surgery from the plastic surgery service specialists and/or medical institution so that the Customer is aware how to properly prepare for the surgery, what to do before and after the surgery and during the entire healing period.
  5. The Customer is aware that the provision of medical services will be the responsibility of the plastic surgeons and/or medical institutions providing these services, with whom the Customer will sign a separate service agreement.
  6. The Customer has carefully and attentively read all terms and conditions of the Contract and understood them, evaluated all annexes to the Contract and other information that was available to him prior to the conclusion of this Contract, and upon signing this Contract explicitly declares that he agrees with the terms of the Contract by his free will,understands his obligations and undertakes to fulfil them.
  7. The Customer confirms that he had the opportunity to consult with independent medical advisers and other specialists on the conclusion of the Contract under the terms and conditions provided for therein, and the decision to conclude the Contract was made rationally, deliberately and responsibly.
  8. Unless the parties agree otherwise, in accordance with the Contract the Service Provider shall not provide the following services to the Customer and shall not perform the following actions on behalf of the Customer:
    1. Conclusion of an agreement with a specialist and/or a medical institution providing plastic surgery services.

 

RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
  1. The Service Provider will carry out their work on the basis of requests of the Customer using the information, documents, manuals, instructions and other material provided by the Customer;
  2. In rendering the services, the Service Provider shall act in good faith and reasonably in line with the Customer’s interests to the highest possible extent.
  3. The Service Provider shall be entitled to freely select the ways and means for the discharge of the Contract.
  4. The Service Provider must inform the Customer about any relevant circumstances relating to the provision of the Services.
  5. The Service Provider shall have the right to deviate from the terms of the Contract or the Customer’s instructions, if it is required according to particular circumstances in favour of the Customer’s interests or for the implementation of the order, and if the Service Provider was unable to as the Customer in advance.
  6. The Service Provider undertakes to ensure the confidentiality and protection of information received from the Customer during the term of Contract and related to the discharge of the Contract.
  7. The Service Provider shall have the right to refuse to provide the Services if the Customer does not give his consent to the processing of the specified data or does not provide the information requested by the Service Provider which is necessary for the provision of quality services.

 

RIGHTS AND OBLIGATIONS OF THE CUSTOMER
  1. The Customer undertakes to provide the Service Provider with information about the preferred Services and detailed and correct information about his health condition in order to determine the scope of the Services required by the Customer, find a team of specialists and to estimate the price of the Services. The information shall be submitted by filling in the questionnaire form prepared by the Service Provider.
  2. Upon request of the consent from Service Provider and to provide visual information about his (Customer’s) health condition. Should the Customer conceal or fails to disclose all information about his health condition, the Services may not be rendered and/or their price may be reviewed considering the actual health condition of the Customer.
  3. The Customer undertakes to pay the Service Provider the price for the Services rendered.

 

RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
  1. The Service Provider will carry out their work on the basis of requests of the Customer using the information, documents, manuals, instructions and other material provided by the Customer;
  2. In rendering the services, the Service Provider shall act in good faith and reasonably in line with the Customer’s interests to the highest possible extent.
  3. Upon receipt from the Customer of the preliminary requested Service order form, to provide the Customer with all information about the possibility to provide the requested Services, as well as to provide a list of necessary documents and/or tests that the Customer must have upon arrival for the plastic surgery services.
  4. To answer in detail all the questions that the Customer may have before his arrival for the plastic surgery services.
  5. If the doctor selected by the Customer is unable to provide the planned Services within the scheduled time, to inform the Customer thereof no later than 1 week before the arrival date appointed by the Customer.
  6. The Service Provider shall be entitled to freely select the ways and means for the discharge of the Contract.
  7. The Service Provider must inform the Customer about any relevant circumstances relating to the provision of the Services.
  8. The Service Provider shall have the right to deviate from the terms of the Contract or the Customer’s instructions, if it is required according to particular circumstances in favour of the Customer’s interests or for the implementation of the order, and if the Service Provider was unable to as the Customer in advance.
  9. The Service Provider undertakes to ensure the confidentiality and protection of information received from the Customer during the term of Contract and related to the discharge of the Contract.
  10. The Service Provider shall be entitled to employ employees and agents to assist him in providing any part of the Services.

 

CONTRACT OBJECT PRICE AND PAYMENT PROCEDURE
  1. The price of the Services agreed by the Parties is specified in the Special Conditions of the Contract.
  2. The Customer undertakes to pay the seller’s price to the Service Provider under the terms and conditions provided for in the special conditions of the Contract.
  3. The Customer is aware that the surgery price indicated in the special conditions of the Contract is preliminary and may be reviewed upon the Customer’s arrival at a plastic surgeon for consultation and/or service (surgery) and/or in case of the need for additional procedures, tools and/or larger scope of services (higher number of specialists).
  4. A Party to the Contract which has failed to settle in due time under the Contract with the other Party shall be charged interest at the rate of 0.2 (two hundredths) percent of the outstanding amount for each day of delay in settlement until the date of full settlement.
  5. The Services may not be provided to the Customer if they have not been paid for as specified in the special conditions of the Contract.
  6. The Services shall not be provided to the Customer if they are not paid by the agreed surgery date.

 

TERMS OF LIABILITY OF THE PARTIES
  1. During the performance of the Contract, the Party that has violated the Contract by its actions (omissions) or provided incorrect (inaccurate) information to the other Party and incurs losses to the other Party shall be obliged to compensate the injured Party for direct and reasonable damages, unless otherwise provided in the individual terms of the Contract.
  2. The Service Provider shall not be responsible to the Customer for the quality of services provided by the plastic surgery service providers.
  3. The Customer shall have the right to cancel the provision of the Services at least two months before the scheduled date of the surgery without any negative consequences. In this case, the surgery booking fee paid by the Customer shall be reimbursed to the bank account specified by the Customer within 10 business days.
  4. If the provision of the Services is cancelled through no fault of the Customer, the Service Provider undertakes to reimburse the costs incurred by the Customer for the trip to Lithuania (airline tickets and/or accommodation services).
  5. If the Customer cancels the provision of the arranged services less than two months prior to the planned surgery, the Customer shall pay a fine of 300 EUR, which is deducted from the surgery booking fee, and the remaining amount of surgery booking is reimbursed to the Customer within 10 business days to the bank account specified by the Customer.
  6. If the Customer cancels the provision of the agreed services less than one month before the planned surgery or does not arrive for the surgery, the surgery booking fee shall be non-refundable.
  7. The Customer shall have the right to change the date of the scheduled surgery free of charge if there are at least four weeks remaining to it. If there are less than four weeks left until the scheduled date of the surgery, the Customer shall pay a fee of EUR 50 for changing the date of surgery.
  8. If the Customer, having changed the date of surgery, decides to cancel the planned surgery, regardless of the terms referred to in p. 6.5 –6.6 of this Contract, the surgery reservation fee is non-refundable.
  9. If the Parties are unable to fulfilthe terms of the Contract due to force majeure, they shall not be liable for non-compliance with the terms of the Contract. In the event of force majeure, the performance of obligations of the Parties shall be postponed for a period set by the Parties, without entitling the Parties to terminate the Contract. However, if the force majeure continues for more than 3 months, either Party may unilaterally terminate the Contract by notifying the other Party.
  10. If the Parties are unable to perform the terms of the Contract due to circumstances related to Covid-19 infection and the applicable restrictions, the performance of the Contract shall be suspended until the restrictions are lifted, without entitling the Parties to terminate the Contract. Once the restrictions imposed due to COVID-19 infection are lifted, the Parties shall renegotiate the date of the surgery, but in this case the fee of EUR 50 for the rescheduling of the surgery as specified in p. 6.7 of the Contract shall not apply.
  11. The Contracting Party shall pay the fine and/or damages to the injured contracting Party in the cases provided for in the Contract in a non-contentious manner and no later than 30 calendar days after receipt of the written request of the injured Party.

 

VALIDITY OF CONTRACT AND TERMINATION PROCEDURE
  1. The Contract comes into effect on its signature date and shall be valid until full discharge of obligations by the Parties hereunder.
  2. The Contract will also be deemed to have been concluded from the date of conclusion specified therein, if the Customer expresses the intention to accept (confirm) the terms of the Contract by electronic means, using electronic banking, electronic signature, by paying a surgery booking fee or other electronic means of communication, by identifying himself, including by submitting a confirmation by e-mail or by agreeing to the Terms and Conditions by completing the Medical condition form). The Parties expressly agree that the Contract concluded by electronic means shall have the equal legal effects and meaning as a contract concluded in writing signed by the Parties.
  3. The amendments and modifications of the Contract signed by the parties signed later shall be valid in accordance with the procedure specified in clauses 7.1–7.2.
  4. In accordance with the general conditions of the Contract the Service Provider shall have the right to unilaterally change the General Conditions of the Contract and the price list.
  5. The Contract may be terminated by agreement of the Parties or on the grounds and in accordance with the procedure provided for in the Civil Code of the Republic of Lithuania and in the Contract.
  6. The obligations of the Parties related to mutual settlement, confidentiality, processing of personal data and terms of liability of the Parties, the basis whereof arose during the validity of the Contract, shall remain valid after the termination of the Contract until they are fulfilled in a full and proper manner.

 

CONFIDENTIAL INFORMATION
  1. The parties undertake to maintain the confidentiality of information which the parties have disclosed to each other when concluding this Contract, including confidentiality of the contents of the Contract, and shall not disclose such information to third parties without prior written consent of the other party except in cases provided by law. This requirementshall not apply to information which:
    1. on the moment of its disclosure it was published or otherwise was publicly available;
    2. after it was disclosed to the other party, is publicly announced or becomes publicly available to the major public;
    3. has been at the disposal of the Party on the moment of disclosure and has not been directly or indirectly received from the other Party;
    4. was legally received from a third party that acquired that information without the commitment of confidentiality given to the other party.

 

FINAL PROVISIONS
  1. The parties confirm that all terms of their Contract have been discussed individually, negotiations were conducted in good faith, and in the agreement resulting of the negotiation neither the Contract nor any of its provisions may be construed as giving undue advantage to the other Party. The Parties have disclosed all information known to them having the substantial significance in signing this Contract.
  2. The law of the Republic of Lithuania shall apply to this Contract, its conclusion, interpretation, performance and any other relations between the Parties arising therefrom, but not covered by this Contract.
  3. All disputes arising out of or in connection with this Contract, its conclusion, interpretation, performance or termination shall be settled by negotiations. If disputes cannot be resolved through negotiations, they shall be resolved in the court of the Republic of Lithuania by establishing the jurisdiction in Kaunas city courts.
  4. The Parties agree that all documents and notifications sent to the other Party at the contact addresses of the Parties specified in this Contract shall be deemed to have been served: within 1 business day when sent by e-mail, within 5 business days if sent by registered mail.
  5. All documents sent to the other Party by electronic means, including this Contract, shall have the same legal effect as the written original document.