MTP Disclaimer of Warranty and Limitation of Liability
Description of Service
MEDICAL TOURISM PARTNERS, LLC is a medical tourism service firm based in the United States. MEDICAL TOURISM PARTNERS, LLC assists individuals with their effort to become educated about and to identify qualified medical providers with particular regard to medical treatment and recuperation packages for destinations outside the continental United States. In this role, we research and gather public information and provide this information to you for your personal use in making a more informed decision about your medical treatment options outside the United States.
MEDICAL TOURISM PARTNERS, LLC is neither a medical referral service nor medical service provider, and it does not endorse, recommend, or approve any travel agency or healthcare provider listed in the Site. We are not medical professional staff and will not discuss or advise on any issues relating to medical treatment. We facilitate contact with, and provide information about doctors outside the United States, and provide information about their credentials in order for you to make informed decisions. We do not, however, recommend any preferred or specific doctors for your desired medical treatment. We strongly encourage and advise you to discuss all medical issues with your medical doctor in the United States before making a decision on medical treatment outside the United States. Through our medical tourism affiliates around the world and our in research we provide information about available medical treatment and recuperation packages to assist you in making an informed decision.
This Disclaimer is an essential contractual condition of all bookings accepted by Medical Tourism Partners, LLC (MTP). By executing this Agreement, Client will be deemed to have read and agreed to all conditions and provisions contained in this Disclaimer. MTP’s responsibilities under this Agreement are limited to the following:
Organizing and booking Client’s travel and accommodation arrangements in connection with the Medical Procedures
Assisting Client in obtaining Medical Services as provided in this Agreement
Except for the above, MTP will not supply or provide Client with any other goods or services. MTP is not itself a provider of transport, accommodation, tours, events or medical services.
Third Parties
All transport, accommodation and medical services or products will be provided to Client by third parties that are independent of MTP (Third Parties”). Client acknowledges and agrees that MTP does not warrant the products or services (collectively, “Third Party Products and Services”) provided by Third Parties. In no event shall MTP, its principals, members, managers, officers, directors, partners, employees, affiliates, successors or assigns (the “MTP Parties”) be liable to Client on account of any claim, cause of action, obligation, damage (including, without limitation, personal injury or death and property damage), liability, loss, cost or expense (collectively, Losses”) arising out of or relating to any Third Party Products or Services. Client has the sole responsibility to check each Third Party’s terms and conditions that apply to the goods or services it provides, including any applicable exclusions or limitations of liability imposed by the Third Party, which may exclude or limit liability for delays, property loss or damage, personal injury or death.
Disclaimer of all Warranties
MTP does not make and hereby expressly disclaims any and all representations and warranties with respect to its services hereunder and the Third Party Products and Services, including without limitation (i) all implied warranties of merchantability and fitness for any particular purpose, (ii) that the Third Party Products and Services will be provided with reasonable care and skill, and (iii) the safety, conditions, standards or other issues that exist at any Third Party’s facility or any travel destination, including locations visited in transit.
Limitations on Liability
Client hereby agrees and acknowledges that no MTP shall have any liability whatsoever for any Losses suffered by Client relating to or arising out of any Third Party Products or Services, including but not limited to:
Physical and psychological injury of whatever nature or
Loss or damage to property of whatever nature or
Any loss of profits or
Any loss of use or
Any business interruption.
Client hereby agrees and acknowledges that in the event of any such Losses suffered by Client relating to or arising out of any Third Party Products or Services, Client shall look solely to the Third Party that provided such Third Party Product or Service for any applicable remedy or compensation and not to any MTP Party.
Client hereby agrees that no MTP Party shall have any liability for any indirect special, punitive, incidental or consequential damages of any kind whether alleged as a breach of contract or tortious conduct, including negligence.
In addition to the exclusions from liability set forth above, Client hereby agrees that no MTP party shall be liable to Client for any actions or omissions of MTP except for actions or omissions that constitute gross negligence or willful misconduct.
In all circumstances, MTP’s liability to Client with respect to MTP’s services hereunder shall be limited to, at MTP’s option (i) a full refund of any fees paid to MTP by Client hereunder or (ii) provision of replacement services.
Force Majeure
The obligations of MTP to perform under this Agreement shall be excused during each period of delay caused by matters such as strikes, riot, explosion, war, fire, flood, earthquake, tsunami, sabotage, terrorist attack, accident to or failure of machinery or equipment or industrial action, shortages or power or raw material breakdown or unavailability of fuel, labor, or transport facilities, accidents of navigation or breakdown or damage to vessels or other conveyances, other abnormal impediments to transportation, government orders, acts of God, or other causes beyond the reasonable control of MTP.
Client Acknowledgments
Client acknowledges that any and all medical advice, procedures, care or other Medical Services may involve significant risks. Such risks include, without limitation, incorrect medical advice, unsuccessful medical procedures, inadequate medical care, medical malpractice and personal injury or side effects. It is further acknowledged by Client that the standard of medical advice, medical procedures and medical care generally outside the United States may be significantly below U.S. standards. Client acknowledges that MTP shall not be obligated to provide or arrange for any legal advice or legal representation for Client as part of MTP’s services hereunder. It is Client’s responsibility to respect the laws and customs of the country of destination or a country visited in transit. WARNING: in some countries, including Thailand, possession of various narcotic drugs can be punishable by life imprisonment or even the death penalty.
Client Representations and Warranties
Client warrants and represents to MTP as follows:
(a) Client has received, or been advised by MTP to receive, independent medical advice from a qualified medical practitioner regarding the Medical Services;
(b) MTP has not given Client any advice or opinion that a reasonable person would interpret as medical opinion or medical advice (including but not limited to advice regarding health risks or side effects);
Travel Insurance
Client shall be solely responsible for obtaining such travel insurance as Client shall determine to be appropriate.
MTP recommends that Client (i) arrange comprehensive travel insurance for the entire period of Client”s travel and (ii) disclose all relevant matters to Client’s insurer (including that elective surgery will be undertaken during Client”s travel).
Our goal is to empower our clients so that they can make informed decisions to improve their health and quality of life in the context of the best, affordable medical services.
