Disclaimer
Click here to download a copy of the disclaimer form
Aesthetic Escapes is a co-ordinator of medical procedures abroad and is the trading name of Aesthetic Escapes Pty Ltd ABN 22 127 845 863, a company incorporated under Australian law. Other than making information from third parties available to you, introducing you to third party providers of goods and services, facilitating payment of goods and services by you to third parties. Aesthetic Escapes is not itself providing you with any goods or services
in the capacity of a principal. Aesthetic Escapes does not itself offer any medical or legal advice, nor offer any kind of insurance.
Aesthetic Escapes exercises every reasonable care in the selection of third parties that you are introduced to and whom may provide of goods and services to you in connection with your medical procedure abroad. Aesthetic Escapes acts merely as a facilitator, for arranging your surgery and holiday, after mutual agreement between you and third party service providers. It is important to note, therefore that:
a) Aesthetic Escapes is the mere agent of the supplier of those goods and services and does not make any expressed or implied representation or warranty that any goods or services supplies by third parties to you will be fit for your required purpose or supplied by them with reasonable care or skill.
b) All bookings for goods and services to be provided by third parties are subject to the terms and conditions and limitations of liability as may be separately imposed by tour operators, airlines, hospitals, hotels and other providers of goods and services to you (all or some of which may limit or exclude liability in respect of personal injury, delay and loss or property damage and even death).
Neither Aesthetic Escapes nor any of its officers, employees or directors are, doctors, dentists or otherwise qualified to provide information in relation to any medical procedure. You acknowledge and accept that Aesthetic Escapes (or any of its officers, employees or directors) has not offered any advice or expressed any opinion that a reasonable person would consider as being an advice or opinion in relation to any medical procedure (including with respect to any risks, side effects or otherwise).
Third Parties
Third party principals (independent of Aesthetic Escapes) provide all goods and services to you (including transport, travel, activities, medical services including, consultations, procedures and operations or other agreed products and services to you). It is strongly recommended that you check each third party service provider's terms and conditions, which apply to the good or services they provide. You must ensure that you are aware of any exclusions or limitations of liability impressed by the service provider.
Aesthetic Escapes does not accept any liability of whatever nature for the acts, omissions or defaults, whether negligent or otherwise, of tour operators, airlines, hospitals, doctors, dentists, clinics, hotels and other providers of goods and services to you directly or indirectly or indirectly in connection with any travel organised by Aesthetic Escapes on your behalf.
Without limiting the provisions of this clause, you agree to be bound by the terms of any contract between a third party provider of goods and services and yourself (which may be evidenced in writing by the issue of a ticket, voucher, coupon confirmation or the like).
Limitations of liability
To the maximum extend permitted by law, Aesthetic Escapes excludes completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relation in any way to the use of services or goods provided by Aesthetic Escapes.
Any liability incurred by Aesthetic Escapes (where liability cannot be excluded) in relation to the use of our goods or services is limited as provided under the Trade Practices Act 1974.
Liability for breach of warranty will, at the absolute discretion of Aesthetic Escapes, be limited to the supply of the goods and/or services again, or the supply of comparable goods and/or services, or the payment of the cost of having the service or goods supplied again.
In no event shall Aesthetic Escapes' total, liability under this agreement for direct, indirect, special incidental or consequential damage, losses, and causes of actions exceed the fee paid to Aesthetic Escapes by you.
Aesthetic escapes will not be liable for any medical disputes, associated with complications or dissatisfaction with the final outcome of surgery.
You will indemnify and hold Aesthetic Escapes, employees, officers, directors harmless from and against any claim or demand including reasonable attorneys' fees, that may be made by or thorough you.
Force Majeure
Aesthetic Escapes does not accept any liability in contract or in tort for any injury (including but not limited to physical and psychological injury), damage, loss, delay, additional expenses or inconvenience or nuisance caused directly or indirectly to you by any event or events, including but not limited to armed conflict, war, civil unrest, fire , flood, earthquake, tsunami, acts of God, acts of Government, terrorist attack, accident to or failure of machinery or equipment or industrial action, or other events which are beyond our control, or which are not preventable on our part.
Travel insurance
Clients are expected to take adequate medical and travel insurance, before their departure and Aesthetic Escapes strongly recommends that you disclose all relevant matters to your insurer (including the fact that you may be undertaking elective surgery as part of your travel).
Client Acknowledgement
This disclaimer is an essential contractual condition of all bookings accepted by Aesthetic Escapes. All clients of Aesthetic Escapes must read the Disclaimer before further engaging the services of Aesthetic Escapes.
Kindly note, that there are well documented risks and universally accepted potential complications, associated with every surgery. You acknowledge that any medical advice, procedure or other service that you ask Aesthetic Escapes to co-ordinate on your behalf carries risk. Such risks may include incorrect medical advice, an unsuccessful procedure, complications, or side effect as a result of such procedure or the administration of drugs. It is further acknowledge by you that medical advice, medical procedures and medical care generally outside Australia may be dissimilar to Australian standards and in some cases they may be lower.
Accordingly, without limiting the more general provisions of this disclaimer, you specifically represent and warrant to Aesthetic Escapes, that:
§ You have obtained or been advised by Aesthetic Escapes to obtain independent medical advice from an appropriately qualifies medical practitioner in relation to any medical service that you have asked Aesthetic Escapes to co-ordinate on your behalf.
§ Even though Aesthetic Escapes may have provided information regarding the availability of medical services or arrange medical procedures, products or other services on your behalf, Aesthetic Escapes takes no responsibility whatsoever and excludes all liability for the actual medical service provided.
§ You accept that you are solely responsible for these risks and will not hold Aesthetic Escapes or its officers or employees responsible in any way in regards to the outcome of your medical procedure.
The responsibility for providing reliable, accurate and prompt information, about your medical condition, rest solely on you. Aesthetic Escapes will not accept any responsibility, with respect to any problems that may arise, out of incorrect or inaccurate information about your medical condition, being furnished by you.
It is your 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 Malaysia.
The package prices provided are for planning purposes only. Eligibility for these packages can only be established after the patient has been examined by the surgeon at the preoperative consultation. These packages are for uncomplicated routine cases and other charges may apply as noted in the package description. It is important that you read the packages carefully.
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