Terms & Conditions
Disclaimer of Warranty and Limitation of Liability
Description of Service
JUICY MANGO TRAVEL ("JMT") is a dental tourism facilitator based in the United States. JMT assists in providing partially escorted group tours to Thailand for the purpose of obtaining first-class dental services and enjoyable vacations. JMT is not a medical service provider, does not employ a medical professional staff and will not discuss or advise on any issues relating to dental treatment.
This Disclaimer is an essential contractual condition of all bookings accepted by JMT. By executing this Agreement, Client will be deemed to have read and agreed to all conditions and provisions contained in this Disclaimer.
JMT's responsibilities under this Agreement are limited to the following:
Organizing and booking Client's travel and accommodation arrangements in connection with the Dental Procedures
Assisting Client in obtaining Dental Services as provided in this Agreement
Introducing Client to the 3rd party travel consulting agency
Providing Client with any other items specifically outlined in their specific Travel Package
Except for the above, JMT will not supply or provide Client with any other goods or services. JMT 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 JMT ("Third Parties"). Client acknowledges and agrees that JMT does not warrant the products or services (collectively, "Third Party Products and Services") provided by Third Parties. In no event shall JMT, its principals, members, managers, officers, directors, partners, employees, affiliates, successors or assigns (the "JMT 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
JMT 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 JMT Parties 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 JMT Party. In such an event, Client agrees that all judicial action must be carried out within the jurisdiction of Bangkok, Thailand, and that such action will not be extended towards any JMT Party.
Client hereby agrees that no JMT 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 JMT party shall be liable to Client for any actions or omissions of JMT except for actions or omissions that constitute gross negligence or willful misconduct.
In all circumstances, JMT's liability to Client with respect to JMT's services hereunder shall be limited to, at JMT's option (i) a full refund of any fees paid to JMT by Client hereunder or (ii) provision of replacement services.
Force Majeure
The obligations of JMT 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 of 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 JMT.
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 JMT shall not be obligated to provide or arrange for any legal advice or legal representation for Client as part of JMT'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 JMT as follows:
(a) Client has received, or been advised by JMT to receive, independent medical advice from a qualified medical practitioner regarding the Medical Services;
(b) JMT 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
Travel Interruption Insurance/Medical Complication Insurance is mandatory for your Dental Vacation. The policy JMT requires for your use is the Bordercross Worldwide policy, administered by Seven Corners, Inc. and underwritten by Lloyd's of London. This can be purchased by the Client, with proof of purchase provided to JMT, or provided by JMT to the Client as part of the tour package. The cost will vary, depending upon the coverage selected by the Client and the Client's estimated medical costs. In all cases the Scheduled Medical Treatment Cost range selected must exceed the Client's estimated medical costs. The Medical Complications Coverage Maximum may be adjusted according to the Client's preference. See the Bordercross Worldwide brochure and the Bordercross Worldwide Medical Procedure Insurance Policy for more information and policy details.
Cancellation Policy
Whether airfare is booked by the Client directly with the Carrier, or with the assistance of JMT, all airfare must be paid in advance. Obtaining a pre-travel cancellation refund is the responsibility of the Client. Such refunds must be paid by the Carrier and are subject to the Carrier's refund policies.
A non-refundable deposit of 25% of the cost of Client's travel package,plus the cost of the Travel Interruption/Medical Complications Insurance (if not booked directly with the insurance company), must be paid to JMT upon booking. The remaining 75% of the travel package is due within 30 days of the travel date. Trips booked fewer than 30 days before the travel date must be paid 100% in advance.
In order to provide the smoothest possible travel experience to our clients, JMT must retain the services of our in-country travel professionals in advance. Therefore, the cost of the travel package, starting 30 days prior to the departure date, is non-refundable. However, if a cancellation is necessary, due to a covered reason, the cost of the trip may be recoverable from the Trip Cancellation Insurance Carrier. Please see the Trip Cancellation/Trip Interruption section of the Bordercross WorldwideSM Medical Procedure Insurance Policy for terms and conditions covering trip cancellation.
Should the Client wish to cancel for a non-covered reason, more than 30 days prior to the departure date, then all monies shall be refunded to the Client, by JMT, with the exception of 25% of the cost of the travel package selected and the cost of the Travel Interruption/Medical Complications Insurance (if not booked directly with the insurance company),
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