1.1. MB Wellness Travels obligates to mediate in the provision (help in organization) of services (further referred to as final services) that shall be finally rendered to the Client by the final service provider (airline company, accommodation provider, Aesthetic Surgery Centre (Clinic), etc.). Services (mediation) that shall be rendered by MB Wellness Travels to the Client are listed in the article 1.2 of the Terms & Conditions (further referred to as “services”), according to the present Terms & Conditions, and Client obligates to pay to MB Wellness Travels the agreed price for the services.
1.2. The services to be provided by MB Wellness Travels to Client shall include:
- providing recommendations for flights (or other way of arrival) to Lithuania from the Client’s country of origin or place of stay / being;
- booking accommodation for the Client’s stay in Lithuania;
- arranging online consultation with the Aesthetic Surgery Centre (further “Clinic”);
- booking consultation for the Client to be provided by the Clinic;
- booking treatment (according to the order of the Client) for the Client to be provided by the Clinic;
- meeting the Client at the airport upon arrival;
- arranging transportation to and from the airport, place of stay in Lithuania and the Clinic;
- providing the Client with mobile phone and SIM card for the usage in Lithuania.
1.3. Services not mentioned in the present Terms & Conditions shall be provided for additional fee upon mutual written agreement of the parties.
1.4. Client obligates to cooperate with MB Wellness Travels and provide all information and assistance that is necessary for execution of these Terms & Conditions. If MB Wellness Travels indicates that information is immediate, Client obligates to give information not later than in 2 (two) business days.
1.5. MB Wellness Travels has the right to independently choose methods and means for the execution of the services, including but not limited to depart from Terms & Conditions or invoke third parties, if it is needed for the execution of the services. Client is informed about these departures as soon as it becomes possible.
2. Service Price and Order of Payments:
2.1. The price paid is for the MB Wellness Travels’ services and does not include costs (expenses) for the final services. The costs (expenses) for the final services (including but not limited to costs for flight, accommodation, etc.) shall be paid in addition by Client directly to the final provider of the services or to the MB Wellness Travels if so shall be agreed.
2.2. The payment under these Terms & Conditions shall be made no later than two weeks before the provision of the final services for the Client.
2.3. If after making the payment Client informs about his absence when till the date of the provision of (the first of) the agreed final services there is more than two weeks left, MB Wellness Travels obligates to return him the whole sum of the payment.
2.4. If Client informs about his absence when there is less than two weeks (but more than one week) left till the date of the provision of (the first of) the agreed final services, MB Wellness Travels obligates to return him 50% of the payment, though Client pays bank transfer fees.
2.5. If Client informs about his absence when there is less than one week left till the date of the provision of (the first of) the agreed final services, MB Wellness Travels has the right to keep the whole sum of the payment.
2.6. If Client is absent on the date of the provision of (the first of) the agreed final services due to invincible circumstances (without prior notice), payment question shall be solved by the mutual written agreement of the parties.
2.7. Client has to pay the price for the services that is bigger than the one set, only if MB Wellness Travels indicates that increase of the price was necessary for proper execution of the services and that it was impossible to foresee it when the Terms & Conditions were signed.
2.8. If Client fails to make payments under these Terms & Conditions on time, the Client shall pay to MB Wellness Travels 0.3 (three tenths) % daily rate interest for each delayed day.
3. Parties’ Liabilities:
3.1. Party that does not perform or unduly performs her obligation (under Terms & Conditions), has to compensate other party‘s losses. In all cases the MB Wellness Travels liability for the losses (damages) to the Client shall be limited to the amount of the price for the MB Wellness Travels services under these Terms & Conditions.
3.2. Client confirms that he understands that the MB Wellness Travels acts only as the intermediary between Client and the final service providers (Clinic, physician, airline company, person rendering accommodation services, etc.). Client confirms that he understands that final service provider and MB Wellness Travels are separate persons and MB Wellness Travels in no case provides the final services to the Client. Client confirms that he understands that MB Wellness Travels shall not be liable for the quality of the final services. All claims regarding the quality of the ordered final services shall be made to the final service provider. That confirmations of the Client mean (including but not limited to) that:
3.2.1. MB Wellness Travels shall not be held liable for any flight delay or other problems related to Client’s travel (arrival) to Lithuania;
3.2.2. MB Wellness Travels shall not be held liable for any problems related to Client’s stay in Lithuania, Clinic, accommodation, transportation to Clinic, etc., if there is no direct intention (form of fault) of the MB Wellness Travels.
3.2.2. MB Wellness Travels shall not be responsible for any tangible or intangible, direct or indirect loss or damage that has occurred to Client or the final service provider due to their interaction. Such damages or losses shall entirely be managed by contractual obligations, settled between Client and final service provider(s);
3.2.3. MB Wellness Travels shall not be responsible for any medical treatment or anything related to that, including, but not limited to: examinations on state of health, tests, consultations, surgery, post-surgical care, rehabilitation, etc.
3.2.4. MB Wellness Travels shall not be liable for any results or complications (if any) of the surgery / other medical treatment. All the disputes regarding the surgery and complications (if any) shall be dealt by Client only and directly with the Clinic and will be governed by contractual obligations, settled between Client and final service provider(s);.
3.3. If the surgery / other medical treatment shall not be performed duly, MB Wellness Travels shall not assume any obligation to cover tangible and non-tangible, direct or indirect losses related to the medical trip or other Client expenses (costs).
3.4. If the Client shall suffer additional costs for post-operative care, overnights at the hospital and/or other services or products, that were not mentioned prior to the trip / these Terms & Conditions, but however were necessary or recommended to successfully carry out medical treatment / surgery, MB Wellness Travels shall not be responsible in any case for that.
4. Dispute Settlement Order:
4.1. Disputes between MB Wellness Travels and Client rising from the performance of these Terms & Conditions, are solved by a mutual agreement.
4.2. In case of failure to solve the dispute by a mutual agreement, it is solved at the courts of the Republic of Lithuania applying Law of the Republic of Lithuania.
5. Validity and other Provisions:
5.1. Terms & Conditions come into force from their signing and are valid until all the obligations are fulfilled.
5.2. Terms & Conditions can be terminated by the mutual agreement of the parties.
5.3. Terms & Conditions can be terminated by Client‘s request, noticing the MB Wellness Travels in writing not less than 1 (one) day before. In that case Client has to pay to MB Wellness Travels the amount of money proportional to the services provided (if not paid already) and compensate other MB Wellness Travels’ expenses suffered in execution of the services till the notice of termination notice was received by MB Wellness Travels from the Client.
5.5. Parties are exempted from their agreed obligations and/or liabilities if they could not be performed because of the extraordinary circumstances (Force majeure), defined in the legislation of the Republic of Lithuania. In Force Majeure case terms for execution of the parties obligations can be extended depending on the duration of these extraordinary circumstances.
5.6. When extraordinary circumstances emerge, the parties have to notice each other not later than after 1 (one) business day after these extraordinary circumstances emerge.
5.7. Parties shall communicate by registered post, by fax or e-mail. Parties have the right to communicate by handing documents to the other party personally.
5.8. Client shall inform the MB Wellness Travels about the change of his contacts, other personal information not later than in 1 (one) business day after the change. If Client shall not inform in time, he shall take all the responsibility for the consequences for not informing.
5.9. If any of the provisions hereof become invalid, partially or fully, the parties agree to replace it with the new one, which satisfies the intentions of the parties and is not in contrary with the legal acts. If this is the case, the validity of the remaining provisions of the present Terms & Conditions remains unaffected.
5.10. By signing present Terms & Conditions, Client responsibly confirms, that the present Terms & Conditions were read by him, their content was understood and the possible consequences hereof were explained to him. Terms & Conditions were signed by Client as satisfying his free will and aims.