Terms and Conditions.

BACKGROUND.

A. Dentocare acts as a facilitator arranging dental treatment for Customers with third party suppliers in Turkey. As part of this arrangement Dentocare will also arrange accommodation and/or transport services with third party suppliers in Turkey.

B. In addition, Dentocare provides accompaniment and translation services direct to the Customer and also an appropriate insurance of policy through a third party supplier.

C. In relation to the dental treatment, accommodation, transport services and Insurance, Dentocare operate under an agency model. This means that Dentocare acts as an agent for the third party supplier supplying such dental, accommodation, transport services and Insurance and the Customer’s contract for those services is between the Customer and the relevant supplier. This will mean there will be additional terms and conditions in relation to those contracts and Customers are advised to check these with the relevant supplier. The Dentist’s terms and conditions are available on request from Dentocare. The terms and conditions below shall apply only to the arrangement, accompaniment and translation services provided by Dentocare.

AGREED TERMS.

1. INTERPRETATION.
1.1 The definitions and rules of interpretation in this clause apply in these terms and conditions (Conditions).
Agreement: the agreement formed between the Customer and Dentocare pursuant and subject to Condition 2.
Customer: the person who purchases Services from Dentocare.
Dentist: the supplier of dental treatment to the Customer and the principal for whom Dentocare is acting as an agent.
Dentocare: Dentocare Mediterranean Trips Limited incorporated and registered in England and Wales with company number 5999875 whose registered office is at 163 Holborough Road Snodland, Kent ME6 5PD.
Insurance: an appropriate policy of insurance relating to the provision of travel cover by a third party supplier to the Customer.
Service Charge: the charges payable by the Customer for the provision of the Services.
Services: the services to be provided by Dentocare under the Agreement (as set out specifically in the information provided to the Customer by Dentocare in accordance with condition 2.1) which shall consist of the arrangement of dental treatment with a third party Dentist in Turkey, the arrangement of related accommodation and/or transport and accompaniment and translation services whilst in Turkey at the times agreed between the parties and/or the Insurance.
VAT: value added tax chargeable under English law for the time being and any similar additional tax.
1.2 Condition, schedule and paragraph headings shall not affect the interpretation of these conditions.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.
1.4 Words in the singular shall include the plural and vice versa.
1.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.6 Where the words include(s), including or in particular are used in these terms and conditions, they are deemed to have the words without limitation following them and where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
1.7 Any obligation in the Agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
1.8 References to conditions are to the conditions of the Agreement.

2. CONTRACT FORMATION.
2.1 Dentocare act as a facilitator arranging dental treatment for Customers in Turkey with third party Dentists. As part of this arrangement, and at the Customer’s request, Dentocare may also arrange for the Customer’s accommodation and/or transport in Turkey with third party suppliers (the latter being airport transfers and transfers between the Customer’s hotel or other accommodation and the Dentist) together with the appropriate Insurance. In addition, Dentocare will provide the Services to the Customer.
2.2 After receiving the Customer’s enquiry, either by telephone or by the submission of an online enquiry form, in relation to dental treatment in Turkey, Dentocare shall pass on the details to the Dentist who will check availability and respond to Dentocare. In the event that the Customer also requires accommodation and/or transport in Turkey, Dentocare will again pass on the details to the relevant third party supplier who will also check availability. Upon receipt of an affirmative response from each of the relevant third party suppliers, Dentocare shall inform the Customer of the dates available together with pricing details (including the Service Charge). The Customer will then have the option to proceed or not with obtaining the dental treatment (together with accommodation and/or transport if relevant) and the Services. For the avoidance of doubt if the Customer wishes to book accommodation and/or transport services they must do so in conjunction with the dental treatment and the Services.
2.3 If the Customer chooses to proceed with the provision of the dental treatment (together with accommodation and/or transport if relevant) and the Services, this will constitute an offer by the Customer to purchase the same on the basis of the information provided by Dentocare. No offer made by the Customer shall be accepted by Dentocare (acting as agent for the relevant third party supplier or for itself in relation to the Services) other than:
(a) by a written acknowledgement (including e-mail or fax where relevant) issued and executed by Dentocare; or
(b) (if earlier) by Dentocare starting to provide the Services,
when a contract for the supply and purchase of dental treatment (together with accommodation and transport services (if relevant)) will be established between the Customer and the relevant third party supplier and at the same time a contract for the supply and purchase of the Services between the Customer and Dentocare on these Conditions will be established.
2.4 Where Insurance has been arranged as part of the Services, the third party insurance provider’s terms, conditions and exclusions will apply to the provision of such Insurance. The Insurance will not cover the cost of the actual treatment.
2.4 These Conditions shall:
(a) apply to and be incorporated into the Agreement; and
(b) prevail over any inconsistent terms or conditions contained, or referred to, in the Customer's confirmation of order, acceptance of a quotation or specification, or implied by law, trade custom, practice or course of dealing.
2.5 Any information provided to the Customer by Dentocare in accordance with Condition 2.1 above is valid for a period of 30 days from the date it is provided, provided that Dentocare has not previously withdrawn it.
2.6 The pricing information provided by Dentocare in relation to the dental treatment in accordance with Condition 2.1 is for the dental treatment requested by the Customer (including the Service Charge). In the event that additional dental treatment is required, the Customer will be provided with revised pricing information prior to any treatment being carried out and shall be liable to pay for such additional treatment (including any alteration to the Service Charge) if it is carried out.
2.7 As the contracts for dental treatment, accommodation, transport and/or Insurance are between the Customer and the relevant supplier, the Customer must address any queries or concerns relating to such services to the relevant third party supplier.

3. CONSUMER RIGHTS.
3.1 If you are contracting as a consumer, you may cancel this Agreement (in relation to the Services) at any time within seven working days of the formation of this Agreement in accordance with Condition 2. In this case, you will receive a full refund in respect of the amounts which have already been paid.
3.2 To cancel this Agreement, you must inform us in writing (including by email and fax where relevant). This provision does not affect your statutory rights.

4. DENTOCARE'S OBLIGATIONS.
4.1 Dentocare shall use reasonable endeavours to provide the Services to the Customer.

5. CUSTOMER'S OBLIGATIONS.
5.1 The Customer shall:
(a) be responsible (at its own cost) for arranging and booking any flights or alternative transportation to Turkey;
(b) be responsible for complying with any visa, passport, inoculation or other legal or administrative requirements necessary for them to receive dental treatment and stay in Turkey;
(c) provide all reasonable information to Dentocare or any third party suppliers as may be necessary for the provision of dental treatment together with accommodation, transport and/or Insurance (if relevant) and the Services including such information that will enable the Dentist to assess the Customer’s medical condition and for Dentocare to provide the Services; and
(d) solely responsible for deciding whether or not the dental treatment offered by the Dentist is appropriate to their particular needs.
5.2 If Dentocare's performance of its obligations under the Agreement is prevented or delayed by any act or omission of the Customer, its agents, sub-contractors or employees, Dentocare shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.

6. CHANGE CONTROL.
6.1 Dentocare may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services.

7. CHARGES AND PAYMENT.
7.1 The total price for the provision of dental treatment and the Services shall be the amount set out in Dentocare’s invoice (being the amount notified to the Customer by Dentocare in accordance with Condition 2.1 (including the Service Charge) together with any additional amount incurred in accordance with Condition 2.6) which shall be submitted to the Customer immediately after the dental treatment. The total price shall be paid to Dentocare (without deduction or set-off) as set out in Condition 7.4 below. Dentocare reserves the right to charge a non-refundable deposit when a contract for the supply and purchase of the Services has been established in accordance with clause 2.3
7.2 Any price contained in Dentocare’s invoice submitted in accordance with Condition 7.1 excludes (except where specified):
(a) the cost of accommodation and travel to and from Turkey from the United Kingdom.
(b) VAT, which Dentocare shall add to its invoices at the appropriate rate.
7.3 In respect of any accommodation, transport or Insurance, payment is to be made by cheque or by way of internet or telephone banking to Dentocare as follows:
(a) where a booking is made more than 6 weeks before the commencement of the relevant services:
(i) 50% of the total price to be paid on the date of acceptance by Dentocare (acting as an agent on behalf of the supplier) of the Customer’s offer to purchase such services; and
(ii) the balance to be paid at least 6 weeks prior to the commencement of any such services.
(b) where a booking is made 6 weeks or less before the commencement of the relevant services:
(i) the total price to be paid on the date of acceptance by Dentocare (acting as an agent on behalf of the relevant third party supplier) of the Customer’s offer to purchase such services.
Bookings cannot be confirmed until payment has been received by Dentocare in cleared funds in accordance with Condition 7.3 (a)(i) or 7.3 (b)(i) (whichever is applicable).
7.4 The Customer shall pay each invoice submitted to it by Dentocare in accordance with Condition 7.1, in full and in cleared funds, by way of internet or telephone banking, on the day of receipt.
7.5 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay Dentocare on the due date, Dentocare may:
(a) charge interest on such sum from the due date for payment at the annual rate of 8% above the base lending rate from time to time of HSBC Bank plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment; and
(b) suspend all Services until payment has been made in full.
7.6 Time for payment shall be of the essence of the Agreement.

8. LIMITATION OF LIABILITY - THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION.
8.1 This Condition 8 sets out the entire financial liability of Dentocare (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
(a) any breach of the Agreement;
(b) any use made by the Customer of the Services or any part of them; and
(c) any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the Agreement.
8.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
8.3 Nothing in these Conditions limits or excludes the liability of Dentocare:
(a) for death or personal injury resulting from negligence of Dentocare in relation to the Services; or
(b) for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by Dentocare in relation to the Services.
8.4 As the provision of dental treatment, transport, accommodation and/or Insurance is being provided by third party suppliers, Dentocare does not accept any liability whatsoever arising out of the provision of these services by such third party suppliers.
8.5 Subject to Condition 8.2, Condition 8.3 and Condition 8.4
(a) Dentocare shall not be liable for:
(i) loss of goods; or
(ii) loss of contract; or
(iii) loss of use; or
(iv) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
(b) Dentocare's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Agreement shall be limited to the Service Charge.

9. DATA PROTECTION.
The Customer acknowledges and agrees that details of the Customer's name, address and personal data will be processed by and on behalf of Dentocare in connection with the Services and shall be provided (where required and to the extent necessary) by Dentocare to third party suppliers (including the Dentist) where a contract has been formed between any such supplier and the Customer for the provision of services.

10. FORCE MAJEURE
Dentocare shall have no liability to the Customer under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of Dentocare or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

11. VARIATION.
Subject to Condition 6, no variation of the Agreement or these Conditions shall be valid unless it is in writing and signed by or on behalf of each of the parties.

12. ENTIRE AGREEMENT.

This Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.

13. WAIVER.
13.1 A waiver of any right under the Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
13.2 Unless specifically provided otherwise, rights arising under the Agreement are cumulative and do not exclude rights provided by law.

14. SEVERANCE.
14.1 If any provision (or part of a provision) of the Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.
14.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.
14.3 The parties agree, in the circumstances referred to in Condition 14.1 and if Condition 14.2 does not apply, to attempt to substitute for any invalid, unenforceable or illegal provision a valid, enforceable and legal provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision. The obligations of the parties under any invalid or unenforceable provision of the Agreement shall be suspended while an attempt at such substitution is made.

15. ASSIGNMENT.
15.1 The Customer shall not, without the prior written consent of Dentocare, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement.
15.2 Dentocare may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement.

16. NO PARTNERSHIP OR AGENCY.
Nothing in the Agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

17. RIGHTS OF THIRD PARTIES.
The Agreement is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.

18. NOTICES.
Notice given under the Agreement shall be in writing (including email), sent for the attention of the person, and to the address or fax number given in the Agreement (or such other address, fax number or person as the relevant party may notify to the other party) and shall be delivered personally, sent by fax, email or by pre-paid, first-class post or recorded delivery. A notice is deemed to have been received, if delivered personally, at the time of delivery, in the case of fax or email at the time of transmission, in the case of pre-paid first class post or recorded delivery, 48 hours from the date of posting and, if deemed receipt under this condition 18 is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is a business day), at 9.00 am on the first business day following delivery. To prove service, it is sufficient to prove that the notice was transmitted by fax or email, to the fax number or email address of the party or, in the case of post, that the envelope containing the notice was properly addressed and posted.

19. GOVERNING LAW AND JURISDICTION.
19.1 The Agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
19.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter.