Terms & Conditions
By (i) completing and submitting the Begin my Journey Form and/or by (ii) accepting the Comprehensive Quote and Treatment Itinerary provided by Beyond Care, you hereby agree that you understand and agree to be bound by the following Terms and Conditions for all enquiries with and Services provided by Beyond Care:
In these Terms and Conditions of Service, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them below and cognate expressions will bear corresponding meanings:
1.1. “Beyond Care” or “we”, “us”, “our” means Beyond Care;
1.2. “Begin my Journey Form” means an initial enquiry form for completion on our website, which is used in order for us to respond to your initial enquiry and being your journey with Beyond Care;
1.3. “Client” or “you” means any natural or juristic person contracting for the use of Beyond Care’s Services, as set out in the Begin my Journey Form, Enquiry Questionnaire and/or the Comprehensive Quote and Treatment Itinerary;
1.4. “Comprehensive Quote” means a comprehensive quotation of the Service Fees payable by you for the Services to be provided by Beyond Care for your travel to South Africa and the estimated Medical Costs that may be payable by you to the Medical Specialist and/or Medical Facility for the proposed Medical Procedure.
1.5. “Date of Arrival” means the proposed date of your Arrival to South Africa, or the date set for the commencement of Services to you in South Africa (if that date is not the date of your arrival to South Africa) as set out and agreed in your Treatment Itinerary;
1.6. “Enquiry Questionnaire” means a list of initial basic questions requested by Beyond Care to enable the collection of information about you, such as your contact details, basic requirements, supportive information, and will also include other relevant personal and medical information required by Beyond Care to connect you with the right Medical Specialist/s for your treatment. Once you have selected a Medical Specialist, this information will be shared with the Medical Specialist for conducting a Medical Assessment;
1.7. “Medical Specialist” means any doctor, surgeon, nurse, beauty practitioner, physiotherapist and/or other consultant who will perform the Medical Procedure/s, or any part thereof, as specified in the Comprehensive Quote and Treatment Itinerary;
1.8. “Medical Assessment” means an assessment conducted by your selected Medical Specialist and/or Medical Facility to consider your eligibility to receive the Medical Procedure. This may also include a telephone or online meeting between you and the Medical Specialist and/or Medical Facility as part of the process.
1.9. “Medical Costs” means all the costs related to the Medical Procedure and includes, but is not limited to, the Medical Specialists’ cost, the costs of the Medical Facility and any related medical service provider costs such as an anaesthetist, radiology, pathology, medication and rehabilitation costs;
1.10. “Medical Facility” means one or more medical facility at which the Medical Procedure will be conducted and includes, but is not limited to, any hospital, clinic, consultation room, salon, and/or rehabilitation center in the Republic of South Africa;
1.11. “Medical Procedure” means one or more medical, and/or surgical, and/or cosmetic and/or beauty related procedure, including rehabilitation (including without limitation physiotherapy), as may be agreed with you in the Comprehensive Quote and/or Treatment Itinerary;
1.12. "Parties" means the Client and Beyond Care; and "Party" means either one of the Parties as the context requires;
1.13. “Services” means the travel co-ordination services provided by Beyond Care relating to your travel to South Africa for a Medical Procedure, as more fully set out and agreed between the Parties in the Comprehensive Quote and Treatment Itinerary.
1.14. “Service Fees” means Beyond Care’s fees for providing the Services rendered as well as any costs incurred by us in providing same;
1.15. “South Africa” means the Republic of South Africa;
1.16. “Treatment Itinerary” means a planned itinerary of your proposed Medical Procedure and the Services to be organised by Beyond Care for your travel to South Africa, together with a Comprehensive Quotation of the Service Fees and estimated Medical Costs payable by you, which will constitute a binding agreement between Beyond Care and you once accepted by you, as more fully set out in clause 2.7 below.
2. SERVICES AND BOOKING PROCESS
2.1. Beyond Care is a travel healthcare company based in South Africa that strives to enrich lives by guiding you through exclusive and exceptional medical and life journeys.
2.2. Beyond Care coordinates travel needs and assists with arranging hotel accommodation, transfers, medical visa’s, interpreters and other travel related Services in South Africa, for people coming to South Africa to undergo a Medical Procedure.
2.3. Beyond Care does not in any way provide or engage in the actual delivery of the Medical Procedure or any form of medical treatment, related medical services or in any medical advisory capacity, and is not qualified to provide clinical advice in relation to any Medical Procedure.
2.4. Begin my Journey
2.4.1. On enquiring about the Services offered by Beyond Care, you will be requested to complete a Begin my Journey Form on our website.
2.4.2. On completing the Begin my Journey Form on our website, you will be required to accept these Terms and Conditions of Service.
2.4.3. Beyond Care will contact you within 12 hours from receiving your enquiry.
2.5. Building your journey
2.5.1. After we have contacted you, we will send you an Enquiry Questionnaire for completion.
2.5.2. Our Enquiry Questionnaire will gather the relevant personal and medical information that we need from you, including details of the proposed Medical Procedure to be booked and all other information that may be necessary, in order to:
18.104.22.168. connect you with a Medical Specialist in our network of highly specialized clinicians;
22.214.171.124. enable your selected Medical Specialist to conduct a Medical Assessment to confirm viability of the proposed Medical Procedure and the availability of the proposed Medical Specialist to provide the Medical Procedure;
126.96.36.199. prepare a Comprehensive Quote and Treatment Itinerary for your planned visit to South Africa.
2.5.3. Once we have received your completed Enquiry Questionnaire, we will send you profiles of Medical Specialists that may be available, for you to choose from.
2.5.4. While we strive to provide our clients with reputable and highly specialized Medical Specialists practicing in South Africa, we are unable to provide any guarantee on the quality of the Medical Specialist and/or the Medical Facility or the quality of the Medical Procedure they perform. When we give you options of Medical Specialist to choose from, you acknowledge that you are free to choose from any available Medical Specialist in South Africa, and by choosing a Medical Specialist from a profile you receive from Beyond Care, you acknowledge that the selection was your choice, made freely, and that you are comfortable with the Medical Specialist you choose. Beyond Care accepts no liability for any Medical Specialist and/or Medical Facility you may choose to perform the Medical Procedure, whether put forward by Beyond Care for your consideration or otherwise.
2.6. Connect to a South African specialist
2.6.1. Once we have received your completed Enquiry Questionnaire and you have selected a Medical Specialist, Beyond Care will connect you to the Medical Specialist.
2.6.2. The relevant medical information provided in your Enquiry Questionnaire will be shared with your selected Medical Specialist, who will review your medical information and perform a Medical Assessment. The Medical Specialist may charge a fee for the Medical Assessment. We will advise you of any fees payable before the Medical Assessment is done.
2.6.3. You can also request a Skype call and consult with the Medical Specialist directly. A consultation fee may be payable for the Skype consultation. We will advise you of the consultation fee and payment requirements at the time of booking the consultation.
2.7. Receive a Comprehensive Quote and Treatment Itinerary
2.7.1. Once you have selected your Medical Specialist, Beyond Care will provide you with a Comprehensive Quote and your proposed Treatment Itinerary. Beyond Care will be available to discuss any questions that you may have on the Comprehensive Quote or Treatment Itinerary.
2.7.2. On acceptance of the Comprehensive Quote and Treatment Itinerary, you will be required to confirm your acceptance of these Terms and Conditions of Service and you will then be directed to a secure, online payment portal, for payment of a securing deposit.
2.7.3. The Comprehensive Quote and Treatment Itinerary and these Terms and Conditions of Service will become legally binding on your acceptance thereof.
2.7.4. Beyond Care will only secure the booking of the Services with any third-party service providers once the Comprehensive Quotation and Treatment Itinerary has been accepted and Beyond Care has received payment of the securing deposit.
2.8. You agree to complete, as requested, the Enquiry Questionnaire and participate in the Medical Assessment and provide all other requested information accurately, completely and when requested. You acknowledge and agree that failing to do so may impact your ability to receive the Medical Procedure and/or result in the Beyond Care not being able to provide the Services to you timeously, properly or at all. Beyond Care does not accept any liability for any injury, loss, damage or expense of any nature whatsoever, that may arise directly or indirectly from you failing to complete the requested Enquiry Questionnaire accurately and completely, or from any failure to participate in any Medical Assessment or provide any relevant information accurately and completely.
2.9. Travel Package Information and additional Expenses
2.9.1. Our Treatment Itineraries are customised and developed based on your needs and your budget. Details of the Services which are included and excluded from your medical travel package will be set out fully in your Treatment Itinerary.
2.9.2. You will be obliged to cover all costs of services and expenses which are not included in the Services described in your Treatment Itinerary.
2.10. Additional Services booked through Beyond Care during your Travel
2.10.1. You will be liable for any additional Services that are booked through Beyond Care during your travel to South Africa which were not recorded on your Treatment Itinerary and were requested while you are in South Africa. These may include any of our concierge or lifestyle services, or any other Services we offer (“Additional Services”).
2.10.2. The Service Fees for any Additional Services will be quoted on request and full payment will be required before the Additional Services are provided.
2.11. Flight Delays and Changes
2.11.1. Flight delays and changes sometimes occur. Beyond Care does not accept any responsibility for any delay or change in any flight (international or domestic). Airlines occasionally may change the type of aircraft used on a particular flight without advance notice. Flight times and days of operation are also subject to change.
2.11.2. Beyond Care has not control over changes made to flights by the airlines and delays and will not be responsible for such delays or changes.
2.11.3. The risk of all flight delays and changes lies with you. In the event that a flight delay or change, you will bear the risk of any additional costs, Service postponements or cancellations being incurred in respect of the Services.
2.12. Travel Insurance
2.12.1. It is recommended that you have travel insurance that will cover against delays, loss of baggage, personal effects, etc., as well as sickness and ill–health. We can also guide you to Medical Travel Insurance for the Medical Procedure you wish to have, if available.
2.12.2. In instances where you cancel the Medical Procedure, travel or any of the Services, there may be a forfeiture of some or all of the Service Fee or any fees payable for the Medical Procedure (refer to our payment, postponement and cancellation terms below). You are accordingly advised to obtain travel insurance, if available, to cover your risks in the event of your cancellation.
2.13. Changes to your booking and Treatment Itinerary
2.13.1. If you wish to make changes to the agreed Treatment Itinerary, you must notify Beyond Care by email of the requested changes. Any changes may incur additional charges. Any requested changes will not be deemed accepted until confirmed by Beyond Care in writing or through the provision of a revised Treatment Itinerary incorporating the requested changes.
2.13.2. You acknowledge that changes to your booking and Treatment Itinerary and to the Services contracted for may have an impact on the Service Fees and other costs related to your booking. While we will try our best to minimize the cost implications of changes that need to be made to your booking, the Medical Procedure and/or the Services, you will bear the risk of any be liable for the additional costs and Service Fees that may be incurred. Beyond Care will not be liable or responsible for any booking changes, losses or expenses that you may suffer as a result of circumstances beyond our control.
2.13.3. Any postponements or cancellations will be subject to our standard postponement and cancellation terms and conditions, as set out below.
3. PAYMENT OF SERVICE FEES AND MEDICAL COSTS
3.1. Payment of Service Fees
3.1.1. All Service Fees are quoted to you in South African Rands, unless stated otherwise, and are subject to change.
3.1.2. The Comprehensive Quote will be valid for a period of 7 (seven) days from the date of issue and will include the payment of a securing deposit required when the Comprehensive Quote is accepted and before the booking of any Services can be made.
3.1.3. The deposit payable will vary for each Client depending on the Services required. The deposit is required to cover the administration associated with preparing the Treatment Itinerary, organising the Services and any deposits or upfront payments payable to service providers for the Services.
3.1.4. Payment of the deposit and all other amounts due and payable for the Services are to be made by credit card or directly by Electronic Funds Transfer (EFT) into Beyond Care’s bank account.
3.1.5. Beyond Care will only make final arrangements for the provision of the Services once it has received payment of the deposit in full. The deposit becomes due and payable on acceptance of the Comprehensive Quote and Treatment Itinerary.
3.1.6. The balance of the Service Fee for the Services becomes due and payable at least 30 (thirty) days before your Date of Arrival (unless agreed otherwise by Beyond Care in writing).
3.1.7. Beyond Care will be entitled to unilaterally cancel your booking for the Services in the event that it has not received full payment of the Service Fees timeously, and before your Date of Arrival.
3.1.8. You will be responsible for all relevant Bank fees, transfer costs, commissions from banks and costs relating to currency exchange in the process of payment to us.
3.2. Payment of Medical Costs
3.2.1. Unless otherwise agreed with Beyond Care, payment for all Medical Costs incurred by the Medical Specialist, Medical Facility and other medical service providers is to be made directly between you and the Medical Specialist, Medical Facility and any other medical service provider concerned and will be based on each service provider’s own terms and conditions. Only Beyond Care’s Service Fees are to be made directly between you and Beyond Care based on Beyond Care’s terms and conditions of Service, unless the parties have agreed in writing that payment for some or all Medical Costs will be paid to Beyond Care for payment to the Medical Specialist, Medical Facility and/or any other medical service provider on your behalf.
3.2.2. Any proposed Medical Costs provided to you by Beyond Care are estimations only of the possible costs involved in the Medical Procedure. All estimated Medical Costs are to be established and confirmed directly with the Medical Specialist, the Medical Facility and any other medical service provider by you before the Medical Procedure. The actual Medical Costs that you may incur may vary and may be based on factors which can only be ascertained accurately by the Medical Specialist, Medical Facility or any other medical service providers after the Medical Procedure, for example (but not limited to) theatre time, length of stay in a Medical Facility, costs of medication and medical consumables and post-operative care. Unforeseen complications are unfortunately inherent to medical procedures, and the costs thereof are impossible to predict ahead of time; consequently, the cost of any unforeseen complications will not be included in any quotation and cannot be estimated by Beyond Care.
3.2.3. Beyond Care will not in any way be held liable for the payment of any Medical Costs relating to the Medical Procedure, and you will be and remain liable for the settlement of all Medical Costs with the Medical Specialist, Medical Facility and any other medical service provider, whether or not these Medical Costs are to be paid by you directly to the Medical Specialist, the Medical Facility and any other medical service, or by Beyond Care on your behalf. Certain Medical Specialists, Medical Facilities and medical service providers may require payment before performing the Medical Procedure.
4. POSTPONEMENTS AND CANCELLATIONS
4.1.1. If you wish to postpone your booking for Services with Beyond Care, or any part of your booking, you are required to notify Beyond Care by email of the postponement request. After accepting these terms and conditions, your booking for Services may only be postponed if the postponement request is accepted by Beyond Care in writing, and any postponement is subject to any postponement penalties and postponement costs that may be incurred by you as a result.
4.1.2. Depending on how long in advance the booking is postponed, Beyond Care and other third party service providers of the Services booked may or may not charge postponement fees.
4.1.3. If Beyond Care has already arranged Services for you through third party service providers such as accommodation, travel etc. then any postponement fees payable will be based on each service provider’s particular terms and conditions.
4.1.4. In the event that postponement fees or penalties are incurred for postponing your booking, and/or any deposits paid to third party service providers are forfeited as a result of the postponement, these costs will be for your account in full. Accordingly, you agree to be liable in full for all additional costs and expenses that may be incurred as a result of the postponement of your booking.
On accepting your Comprehensive Quote and Treatment Itinerary:
4.2.1. If you wish to cancel your booking for Services with Beyond Care, or part of your booking, for any reason whatsoever, then you are required to notify Beyond Care by email of the cancellation request. Your cancellation is only confirmed once the cancellation is accepted by Beyond Care in writing, and any cancellation is subject to the cancellation penalties and cancellation fees as set out herein.
4.2.2. In the event that you cancel the booking, Beyond Care will be entitled to charge you a cancellation fee as set out below plus any third party service provider costs and expenses that have already been incurred in respect of the booking, which may not have been covered by the deposit received for the booking:
188.8.131.52. Bookings cancelled more than 30 (thirty) days before the Date of Arrival - 40% of the payment (i.e. the total initial deposit paid on accepting the Comprehensive Quote and Treatment Itinerary) will be forfeited as a cancellation fee;
184.108.40.206. Bookings cancelled 30 days or less before the Date of Arrival – the full payment due and payable for the Services to Beyond Care, as set out in the Comprehensive Quote will be forfeited as a cancellation fee.
4.2.3. In the event that your Medical Procedure ends earlier than expected, or you decide to return home earlier than expected, you will remain liable for the full Service Fees payable under your Treatment Itinerary and no refunds will be given for earlier departures.
5. YOUR MEDICAL PROCEDURE
5.1. Your treatment is an independent contract between you and your Medical Specialist, Medical Facility and any other medical service provider providing the Medical Procedure. Beyond Care does not hold any no medical qualifications and are neither responsible nor liable for any Medical Procedures that you undergo as Part of your Treatment Itinerary in South Africa.
5.2. Beyond Care is not liable for the work of the Medical Specialist or any of the staff engaged at the Medical Facility. You hereby agree that you will not hold Beyond Care liable for, and that you will indemnify Beyond Care against the incidence of any medical negligence or malpractice in relation to your Medical Procedure. Any claims that may arise in relation to any medical negligence or malpractice will lie directly with the Medical Specialist and/or Medical Facility concerned.
5.3. Beyond Care does not accept any responsibility or liability in the unlikely event that the Medical Specialist is of the professional opinion that you are not fit enough to undergo the Medical Procedure and have to return to your Country of Origin without the Medical Procedure being performed.
5.4. Beyond Care does not in any way guarantee or accept any obligation or liability towards the success of your Medical Procedure.
6. CARE AFTER YOUR MEDICAL PROCEDURE
6.1. Your Medical Specialist and/or Medical Facility may give you post-procedure care instructions and advice. It is your responsibility to ensure that you follow their guidance. Beyond Care, the Medical Specialist and/or the Medical Facility will not accept any responsibility or liability for you failing to follow their post-procedure care instructions.
6.2. It is highly recommended that you remain in South Africa after your Medical Procedure until any stitches have been removed and you have had your final post-procedure consultation with your Medical Specialist, or you have been cleared by your Medical Specialist to return to your country of origin. This is to ensure that the risk of infection and any post-procedure complications that may arise are minimized.
6.3. Any information provided in the Treatment Itinerary or otherwise received from Beyond Care regarding potential outcomes or results of a Medical Procedure and recovery or rehabilitation times afterwards are provided purely for reference purposes. Actual outcomes, recovery and rehabilitation times are subject to each individual’s physical condition and should therefore be thoroughly discussed with your Medical Specialist to avoid any potential disappointment regarding the anticipated outcome and results of the Procedure or subsequent recovery or rehabilitation.
7.1. Beyond Care, its’ agents, employees, independent contractors and representatives will not be liable for any injury, loss, damage or expense of any nature (including but not limited to any indirect or consequential loss or damages), howsoever caused, that you and any third party may suffer or incur through, or as a result of:
7.1.1. any medical services provided to you by the Medical Specialist, Medical Facility and any other medical service providers;
7.1.2. any of the Services that are organised on your behalf by Beyond Care through any third party service providers during your travel to South Africa;
7.1.3. any personal injury to you or any third party or any damage to any property which may occur during your travel to and/or in South Africa;
7.1.4. force majeure or any other events or occurrences that are beyond Beyond Care’s Control;
7.1.5. any flights or transport being delayed or cancelled (for any reason whatsoever), any luggage being damaged, lost or stolen, and bad weather conditions; and you hereby indemnify Beyond Care, its’ agents, employees, independent contractors and representatives against any claims of this nature made against them by any third parties.
7.2. Notwithstanding the provisions of clause 7.1 above, in the event that Beyond Care, or any of its agents, employees, independent contractors or representatives are for any reason found to be liable in any of the instances referred to in clause 7.1 above, their liability will be limited to the Service Fee already actually paid to Beyond Care by you for the arrangement and provision of the Services in question.
8. PRIVACY AND CONFIDENTIALITY OF YOUR PERSONAL INFORMATION
8.1. Beyond Care may require the you to provide it with personal information including sensitive medical information to enable it to provide you with its’ Services.
8.2. Beyond Care will only ask you to provide it with the personal information that is necessary for the purposes of connecting you with a Medical Specialist, enabling the Medical Specialist to perform the Medical Assessment, preparing your Comprehensive Quote and preparing your Treatment Itinerary and providing you with the Services.
8.3. Beyond Care recognises and values the importance of protecting the privacy and confidentiality of all the personal information it collects from its Clients and will handle all of the personal information and medical information that it receives from you in the strictest of confidence, sharing your information only where necessary with direct suppliers of the Services to you.
8.4. Beyond Care will process your personal information in accordance with the provisions of our Privacy Notice (as published on our website and updated from time to time), the Protection of Personal Information Act, No 4 of 2013, and any other applicable data protection laws applying to the protection of your personal information in South Africa.
8.5. The provisions of our Privacy Notice, in relation to the provision of the Services and how we may use and process your personal information, are hereby incorporated into these terms and conditions of Service. On accepting these terms and conditions of Service, you hereby accept the terms of our Privacy Notice.
8.6. Beyond Care will not use your personal information for any purpose other than that which you have consented to. You hereby consent and agree to Beyond Care using, processing and sharing your personal information for the following purposes:
8.6.1. For the purposes of connecting you with a Medical Specialist and performing a Medical Assessment. In this regard you consent to Beyond Care sharing your Medical Enquiry Form and any medical information that you provide us with to your Medical Specialist and/or the Medical Facility, as required. We are not liable if the Medical Enquiry Form has not been completed thoroughly or honestly, or if any information is withheld by you, or if any medical information you provide us with is incomplete or inaccurate;
8.6.2. For any purposes necessary in order to render the Services. In this regard you consent to Beyond Care:
220.127.116.11. sharing your personal information and the personal information of those travelling with you to South Africa with those providing the Services agreed in your Treatment Itinerary, and any additional Services that you may require from Beyond Care during your visit to South Africa;
18.104.22.168. making copies of and sharing copies of your (and those travelling with you to South Africa) identification document, passport document, Visa and any other identification or travel documents with service providers that we contract to provide you with the Services, where and only to the extent required by them;
8.6.3. For marketing and communication purposes, to keep you up to date on our latest Services and business announcements, Service updates, special offers or other information we think you would like to hear about from us. You may unsubscribe from these communications at any time;
8.6.4. For any legitimate and/or administrative business purpose relating to Beyond Care’s business and/or the day-to-day operations of its business;
8.6.5. For historical, research and statistical purposes related to Beyond Care’s business and the Services it provides;
8.6.6. For any other purpose as required or permitted by law.
8.7. Beyond Care will not retain your personal information for any longer than required in order to achieve the above purposes. We will only retain your personal information for purposes of providing you with our Services, for marketing and communication purposes, as required or authorized by law or contract, or as reasonably required for our legitimate business purposes. By accepting these Terms and Conditions of Service, you consent to Beyond Care retaining your personal information in one or more ways as stated above. Should you feel that we are not retaining your personal information for legitimate reasons, kindly inform us and we will reasonably address your concerns accordingly.
8.8. You hereby confirm that you have obtained the express consent from all persons travelling with you to South Africa for Beyond Care to process their personal information as set out in this clause, and you hereby indemnify Beyond Care from any and all claims made by such persons relating to any lack of consent given to Beyond Care to process their personal information in the manner set out above.
9. CIRCUMSTANCES BEYOND OUR CONTROL
9.1. Beyond Care will be entitled to postpone, suspend or cancel the Booking or the performance of any Services to be provided by it, under the Treatment Itinerary or otherwise, in the event that such postponement, suspension or cancellation is brought about by circumstances beyond the reasonable control of Beyond Care and/or any of its third party service providers, the Medical Specialist and/or the Medical Facility.
9.2. When we refer to circumstances beyond our control, we mean any event which we or the provider in question could not foresee or avoid even after taking all reasonable care. Such circumstances will usually include, but not be limited to war, terrorist activity, civil unrest, riots, industrial actions, acts of government or other authorities, acts of God, bad weather conditions (actual or threatened), or unavailability of or interruption in the supply of Services.
9.3. In these circumstances, postponement, suspension or cancellation of the booking or the Services to be provided will only be proposed as a last resort, and should any of these circumstances arise, Beyond Care will (to the extent possible) propose interim or alternative measures to alleviate any hardship occasioned thereby, in addition to doing all things reasonably within its power to mitigate the effects of the postponement, suspension or cancellation.
9.4. On the occurrence of any circumstance beyond our control, Beyond Care will not be liable to pay any compensation, expenses, losses or any other amount or otherwise accept responsibility if we have to change your booking or if Medical Specialist and/or the Medical Facility cannot provide your Medical Procedure as agreed, or you suffer any loss or damage of any description as a result of circumstances beyond our control.
Except as otherwise provided in these Terms and Conditions of Service, should any party ("the defaulting party") commit a breach of any provision of these Terms and Conditions of Service and fail to remedy the breach within 7 (seven) days after receiving written notice from the other party ("the aggrieved party") requiring the defaulting party to remedy the breach, then the aggrieved party will be entitled, without prejudice to the aggrieved party's other rights in law, to cancel the booking or to claim immediate specific performance of all of the defaulting party's obligations whether or not due for performance, in either event without prejudice to the aggrieved party's right to claim damages.
11. GOVERNING LAW AND JURISDICTION
11.1. These Terms and Conditions of Service form part of the contractual relationship between Beyond Care and the Client and will be governed by and interpreted in accordance with the laws of South Africa.
11.2. You agree that the laws and regulations in South Africa may differ from the laws and regulations under which similar services are provided in your country of origin and you are advised to seek legal advice for any clarifications required.
11.3. You agree that the courts of South Africa will have exclusive jurisdiction to hear any dispute arising between the Parties. Accordingly, any legal action brought by one Party against the other must be done and heard in South Africa. The Parties hereby consent to the jurisdiction of the Magistrate’s Court of South Africa in respect of any action or proceedings which may be brought against either Party by the other, under or in connection with this Agreement. However, notwithstanding the above, either Party will be entitled to bring proceedings in the High Court of South Africa where such proceedings would, but for the consent referred to above, fall outside of the jurisdiction of the Magistrate’s Court of South Africa.
12.1. On acceptance by you, the Comprehensive Quote, Treatment Itinerary and these Terms and Conditions of Service constitutes the whole of the agreement between the Parties (the “agreement”). No party will be bound by any express or implied term, representation, warranty, promise or the like, not recorded therein.
12.2. If any provision of these Terms and Conditions of Service should be invalid, unenforceable, defective or illegal for any reason whatsoever, then that provision will be deemed to be severable from the remaining provisions of these Terms and Conditions which will continue in full force and effect, provided that the essentials for the existence of the agreement still exist after its severance.
12.3. No indulgence which either party ("the grantor") may grant to the other ("the grantee") will constitute a waiver of any of the rights of the grantor, who will not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which may arise in the future.
12.4. Beyond Care will be entitled, at its sole discretion, to use any third party service provider and/or sub-contractor necessary or required for the provision of the Services.
12.5. If there is a conflict between any of the provisions of the Comprehensive Quote and/or the Treatment Itinerary and the provisions of these Terms and Conditions, the provisions of the Comprehensive Quote and/or the Treatment Itinerary will take precedence, to the extent that such provisions conflict with each other and cannot be reconciled.
12.6. By (i) completing and submitting the Begin my Journey Form and/or by (ii) accepting the Comprehensive Quote and Treatment Itinerary provided by Beyond Care, you acknowledge that you have read, accepted and agree to be bound by these Terms and Conditions.
12.7. Should the person receiving the Medical Procedure be a minor or lack the legal capacity to accept the Comprehensive Quote, the Treatment Itinerary and/or these Terms and Conditions, you hereby accept these documents on behalf of person receiving the Medical Procedure, in your capacity as that person’s parent or legal guardian/proxy, and you hereby grant Beyond Care consent to process this person’s personal information in accordance with the provisions of clause 8 above.