DISCLAIMER/LIMITED WARRANTY & LIMITATION OF LIABILITY
This Disclaimer is a fundamental contractual condition of all arrangements made, and bookings accepted, by Stunning Makeovers Ltd (“SML”). All clients of SML must read this Disclaimer before further engaging the services of SML. Before SML makes any arrangements or bookings on your behalf, you will be required to acknowledge in writing that you have read and understood this Disclaimer and the nature of the services SML provides.
SML has responsibility only for the following:
(a) Arranging your journey;
(b) Organising and booking on your behalf travel, accommodation and tours (if any);
(c) Facilitating the arrangements for medical services and other events as per agreement.
SML does not otherwise supply or provide you any other goods or services. In particular, SML is not itself a provider of transport, accommodation, tours, events or medical services.
Third parties provide transport, accommodation, tours, events, or medical services or other agreed products to you. These third parties are independent of SML. No service provider is an agent of SML (and has no authority to represent SML). SML as agent of any service provider does not accept any liability on behalf of such service provider. It is strongly recommended that you check each third party service provider's terms and conditions which apply to the goods or services provided. You must ensure that you are aware of any exclusions or limitations of liability imposed by the service provider. All or some of these may exclude or limit liability for delays, property loss or damage, personal injury or even death. It is important that you check these and do not proceed unless you understand them and are happy to proceed.
Apart from any condition or warranty implied by law which cannot be excluded, SML does not make any warranties or statements or representations relating to the goods or services to be provided to you under or by reason of this Disclaimer, whether by SML or a third party, and specifically disclaims all implied warranties or assurances that the same are reasonably fit for any particular purpose, of such a nature and quality that they can reasonably be expected to achieve any particular result, that they will be provided with reasonable care and skill, and that they will be provided within any particular time frame, nor does SML warrant or assure the safety, conditions, standards or other issues that exist at any service provider or any travel destination, including locations visited in transit.
In particular, by accepting these terms and conditions, you acknowledge that you are not relying on the skill or judgment of SML and that it would be unreasonable to do so as SML is not a service provider, nor an agent with any responsibility for any service provider (other than as specifically set out above).
Exclusion of Liability – SML and/or Third Parties
To the extent permitted by law, SML excludes all liability for any loss or damage whatsoever and howsoever arising to you that may occur in any way relating to the offer or supply of goods or services by or through SML or any third party service provider or relating to the supply of such goods or services. This includes, but is not limited to:
(a) Physical and psychological injury of whatever nature;
(b) Loss or damage to property of whatever nature;
(c) Any loss of profits;
(d) Any loss of use;
(e) Any business interruption;
(f) Any indirect special, incidental or consequential damages of any kind in connection with or arising out of the furnishing, performance or use of the services whether alleged as a breach of contract or tortious conduct including negligence.
In any event, SML's liability under this Disclaimer for direct, indirect, special, incidental or consequential damages will not exceed the fee paid to SML by you.
You release SML and its officers and employees from all such liability and indemnify each of them severally against any such claims that may be made by or through you.
To the extent that it is not possible to contract out of any terms and rights that are implied into this Disclaimer by virtue of the Consumer Guarantees Act 1993 or any similar law, the same are not excluded, but these relate only to the services provided by SML as specifically set out above.
Subject to the applicability of the Consumer Guarantees Act 1993 SML's liability for a breach of warranty or condition will be limited by SML in its absolute discretion to:
(a) In the case of goods:
(i) Supplying the goods again or the supply of comparable goods; or
(ii) The repayment of the replacement costs of the goods or of the costs of acquiring comparable goods;
(b) In the case of services:
(i) Supplying the service or services again; or
(ii) The repayment of the cost of having the service or services supplied again.
For the avoidance of doubt, this liability does not extend to any goods and services provided by third party service providers.
Force Majeure – Overriding Acts Beyond SML's Control
SML does not, and will not, accept any liability whatsoever for any injury (including but not limited to physical and psychological injury), damage, loss, delay, added expense, inconvenience or nuisance caused directly or indirectly to you by any event or events which it cannot control, including but not limited to armed conflict, war, civil disturbance, riots, fire, flood, earthquake, tsunami, acts of God, acts of Government or of any other authorities both domestic and international, terrorist attack, accident to or failure of machinery or equipment or industrial action.
Travel insurance is your responsibility. SML highly recommends that you:
(a) Arrange travel insurance for the entire period of your travel; and
(b) Disclose all relevant matters to your insurer (including the probability that elective surgery may be undertaken during your travel).
Any issues relating to the arrangements/bookings contemplated by these presents shall be determined by the Courts in New Zealand according to New Zealand law. All parties waive any right to refer the same to any other Court or Tribunal.
1 By entering into this Disclaimer, I acknowledge that any and all medical advice, procedures or other services that I engage SML to arrange or book for me involves some risk. Such risks may include incorrect medical advice, an unsuccessful procedure, or additional injury or side effects as a result of such procedure, or the administration of drugs. I further acknowledge that medical advice, medical procedures and medical care generally outside New Zealand or Australia may be dissimilar to New Zealand and Australian standards and in some cases New Zealand and Australian standards may be higher. If I reside in any other country, I acknowledge that the same may apply for my country. Without limitation to the more general provisions of this Disclaimer, by entering into this Disclaimer I particularly warrant and represent to SML that:
(a) I have received, or been advised by SML to receive, independent medical advice from a qualified medical practitioner regarding any medical services that I have engaged SML to arrange or book for me;
(b) SML has not conveyed to me any advice, nor given to me any opinion that a reasonable person would interpret as medical opinion or medical advice (including but not limited to advice regarding risks or side effects);
(c) Although SML may provide information to me as to availability of medical services or booked medical procedures, products or other services for me, SML is not responsible in any way, and excludes all liability, for the actual medical services and medical procedures performed;
(d) I accept these risks and I equally accept that I am solely responsible for these risks and that I will not hold SML or its officers, employees, agents or assigns responsible in any way;
(e) I acknowledge that SML is not in any way obliged to provide or arrange legal advice or representation of any sort relating to any legal matter which may affect me during my travel; and
(f) It is my responsibility to respect the laws and customs of the country of destination or a country visited in transit. WARNING: In some countries possession of various drugs of dependence can be punishable by life imprisonment or even the death penalty. Either of the above applies in Thailand for such offences.
2 I the undersigned have carefully read through the above Disclaimer and acknowledgments setting out the terms and conditions of any arrangements and bookings made by SML on my behalf. Before signing, I have had ample opportunity to independently consider and reflect on these terms and conditions, and to consult with whoever I wished. I fully understand the nature of the arrangements and the limited liability and responsibilities of SML and freely and without duress accept all such terms and conditions.
Note: Surgical procedures have benefits and risks and should be considered carefully. You should discuss this option with your doctor and ask if surgery overseas is right for you. A website review of your case cannot replace an individual assessment in person by a healthcare professional. Suitable travel insurance cover and medical complications insurance should be obtained.