Terms & Conditions

MedTravelUK Terms of Business

1. Definitions 

“Authorised Bookers” means any person authorised by the Customer to use the Services. 

“Booking” means any booking or orders for Services placed by a Customer with MedTravelUK. 

“Business Day” means any day (other than a Saturday or Sunday) when banks are generally open for normal business in London. 

“Customer” means any person, institution organisation with whom MedTravelUK contracts for the provision of Services. 

“Fees” means the fees in respect of the Services as agreed by the parties. 

“Intellectual Property Rights” means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trade-marks, service marks, trade names, patents, petty patents, utility models, design rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off. 

“MedTravelUK” means MedTravelUK Ltd., a part of MTUK Group Ltd., a company incorporated in Scotland (with registered number 876871) and having its registered office at Prestongrange House, 3rd Floor, West Wing, Prestonpans, EH32 9RP. 

“Passenger” means any Passenger in respect of whose travel MedTravelUK provides travel Services on the instructions of the Customer.

“Pre-existing Materials” means all documents, information and materials provided by MedTravelUK relating to the Services which existed prior to the commencement of this agreement, including computer programs, data, reports and specifications. 

“Taxes and Surcharges” means taxes and surcharges levied by Third Party Suppliers and passed on to Customer by MedTravelUK arising from movements in exchange rates, airline taxes, hotel charges, city tax, VAT, enforced increase in labour costs, airline fuel surcharges, airport charges, overflying charges and/or seaport charges in addition to any surcharges resulting from governmental actions. 

“Third Party Suppliers” means any third party who supplies any Services to the Customer. The identity of the relevant Third Party Supplier for a Service will be communicated to the Customer by MedTravelUK at the time of placing the Booking. 

“Services” means consultancy services that include but are not limited to providing information, conducting research, obtaining quotations, summarising findings, communicating options to the Customer, as well as any Services related to travel by air, land or sea, accommodation, car hire, travel insurance, visa provision and/or other related travel services together with MedTravelUK services in booking and/or otherwise arranging, negotiating and reporting the supply of those services on behalf of Third Party Suppliers for Customer. 

“VAT” means value added tax chargeable under the Value Added Tax Act 1994 and any similar additional tax under UK or other jurisdictions.

1. Clause and schedule headings do not affect the interpretation of this agreement. 
2. References to clauses and schedules are (unless otherwise provided) references to the clauses and schedules of this agreement. 
3. Words in the singular include the plural, and in the plural include the singular. 
4. References to including and include(s) mean respectively including without limitation and include(s) without limitation. 
5. Writing or written includes email. 

2. General 

2.1. For the avoidance of doubt, MedTravelUK acts as a consultant to the Customer on the wellness and healthcare options available to them based on the MedTravelUK research, and as a disclosed agent of both the Customer and the Third Party Suppliers if any travel Services are requested by the Customer in addition to consultancy. 

Any healthcare providers or other businesses, services, products, or medical procedures listed on the MedTravelUK website or communicated to the Customer in any way are for the Customer information only and their presence on the MedTravelUK website on in any communication or documentation does not (and should not be considered to) constitute any endorsement or recommendation on the MedTravelUK part.  The Customer must undertake their own investigations (including, where appropriate, directly with the relevant healthcare provider or business) in respect of services, procedure, and procedures offered and as such we accept no responsibility for any loss which you suffer in respect of any products, services or procedures offered by any healthcare provider or business mentioned by MedTravelUK.

MedTravelUK are not medical professionals nor are we regulated or authorised by any supervisory body, medical or otherwise.

2.2. These Terms of Business shall be deemed to be incorporated into all contracts for Services made by MedTravelUK with the Customer to the exclusion of all other terms and conditions. All work undertaken by MedTravelUK shall be deemed to be carried out on these Terms of Business unless otherwise expressly agreed in writing by MedTravelUK. 

2.3. MedTravelUK shall provide such Services for the Customer as may be requested by the Customer from time to time. In the absence of any express written instructions to the contrary, MedTravelUK may accept (and the Customer shall be bound by) any requests made by any employee, delegate, student, agent and/or other representative of the Customer. 

2.4. By making a Booking, the Customer will be entering into a legally binding contract with MedTravelUK or the relevant Third Party Supplier in respect of the Services to be provided by MedTravelUK or such Third Party Supplier. The contract for those Services will be subject to the terms and conditions of that Third Party Supplier (copies of which are available to the Customer on request) and the Customer will be bound by such terms and conditions. It is the responsibility of the Customer to ensure that it complies with such terms and conditions including (without limitation) those which relate to check-in times and luggage allowances. 

2.5. No Customer or any other third party will have any rights against MedTravelUK, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise. 

2.6. All calls may be silently monitored and recorded for training and quality purposes. 

2.7. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. 

3. Although reasonable efforts are made to update the information MedTravelUK holds in relation to the Services, such information is compiled by MedTravelUK from various Third Party Suppliers over which MedTravelUK has no control. MedTravelUK does not make any representations, warranties or guarantees, whether express or implied, that such information is always accurate, complete and/or up-to-date. To the fullest extent permitted by law, MedTravelUK accepts no liability for any loss or damage caused by inaccurate information relating to travel services.

4. Fees and Payment 

4.1. The Customer shall pay to MedTravelUK, on demand, all costs, Fees and Taxes and Surcharges as invoiced by MedTravelUK to the Customer in respect of any Services in line with the payment terms of MedTravelUK’s invoice or otherwise as agreed by MedTravelUK. 

4.2. The price for the Services will be quoted in Pounds Sterling on MedTravelUK’s quotation or proposal and booking confirmation using the rate of exchange in force at the time of making the Booking. VAT will be charged where applicable at the rate in force on the date of supply of the Services. 

4.3. MedTravelUK reserves the right to request advance payment for the Services. 

4.4. The Services which are not ticketed and/or confirmed at the time of Booking may incur a higher fee than that given at the time of Booking. Until the Booking is confirmed and committed to by the Customer the price cannot be guaranteed and is subject to change. When placing a Booking with MedTravelUK, the price will be calculated on the basis of then known costs but will be subject to fluctuations in Taxes and Surcharges. 

4.5. MedTravelUK may charge the Customer a booking fee or receive commission from Bookings. 

4.6. If the Customer requires a purchase order number or similar payment code to be provided when a Booking is made, it is the responsibility of the Customer to ensure that such number is provided and that it is accurate. The Customer shall be required to pay in full all invoices and charges for Bookings which have been made even if a valid purchase order or similar payment code was not provided at the time of Booking. 

4.7. A charge will be payable by the Customer at MedTravelUK’s standard rate for any payments made by corporate credit card.

5. Booking Terms, Amendments or Cancellations 

5.1. The Customer is responsible for the accuracy and completeness of all data and information supplied to MedTravelUK in connection with a Booking. In the event that such information is found to be incorrect additional costs may apply to correct such details. Details of such additional costs are available upon request. MedTravelUK shall not be liable for any loss, costs or damages suffered or incurred by the Customer (or any of the Passengers), including but not limited to any restriction on travel imposed by any travel authorities, as a result of any inaccurate information provided by the Customer. 

5.2. Should the Customer wish to make any changes to its Booking (once confirmed) they should notify MedTravelUK in writing as soon as possible. Where MedTravelUK can meet the Customer’s request, an administration fee will be payable together with any Third Party costs incurred by MedTravelUK. 

5.3. The Customer acknowledges that the Services may be subject to cancellation by the Third Party Supplier without prior notice. The Customer is responsible for checking and complying with the specific change or cancellation terms for all Bookings.

6. Passports, Visas and Travel Documentation 

It is the Customer’s responsibility to ensure that each Passenger’s passport and visa requirements for entry to or transit through a particular country are adhered to. MedTravelUK will accept no responsibility for any instance where travel plans are curtailed as a result of inadequate documentation.

7. Special Requests and Medical Problems 

Any special requests, such as dietary or access requirements, must be communicated to MedTravelUK at the time of Booking. MedTravelUK act as an agent and the relevant Third Party Supplier will be responsible for providing these services to the relevant Passengers. MedTravelUK cannot guarantee that special requests will be fulfilled. Failure to provide this information at the time of booking may result in MedTravelUK being unable to arrange with the Third Party Provider for such a request to be fulfilled.

8. Refunds 

8.1. Credit notes or refunds (if any) for Services not used, less any applicable cancellation fees, may only be issued upon the return of all the relevant documentation relating to the Service concerned and are subject to the terms and conditions of the relevant Third Party Supplier. 

8.2. In the event that any cancellation or refund requires the consent of or calculation by the relevant Third Party Supplier then MedTravelUK’s invoice for the Services shall remain due and payable in accordance with paragraph 4 above and any sum refunded by the Third Party Supplier shall only be credited to the Customer’s account on receipt of same by MedTravelUK from the Third Party Supplier. 

8.3. All relevant documents required for a refund must be sent to MedTravelUK by registered mail. It is the responsibility of the Customer to ensure that the documents are received by MedTravelUK. 

8.4. Without prejudice to the generality of paragraphs 8.1 and 8.2 above, the Customer acknowledges and agrees that: 

1. any credit notes or refunds in respect of rail travel services can only be issued provided the relevant documentation is returned within one month of date of the issue of the said documentation (or on any other terms of the relevant Third Party Supplier relating to the ticket issued in respect of the rail services in question); and 
2. not all tickets may be refunded or altered and that any refunds made may incur additional fees, which MedTravelUK and/or the Third Party Supplier may from time to time levy. 

8.5. If the Customer is unsure as to the cancellation and/or refund provisions of any particular ticket or the charges levied then clarification should be sought at the time of Booking.

9. Late Payments 

In the event that any sums due by the Customer to MedTravelUK are not paid when due then, without prejudice to any other remedies of MedTravelUK, MedTravelUK may at any time: 

1. suspend all or part of the provision of the Services to the Customer; 
2. charge interest on all overdue sums, at a rate of 4% above the base lending rate from time to time of The Bank of England. Such interest shall accrue from the due date until actual payment of the overdue amount. The Customer shall pay the interest together with the overdue amount; and/or 
3. cancel (without any liability to the Customer or to any Passenger) any Bookings made on behalf of the Customer in respect of which payment is outstanding, with any cancellation fees incurred as a result thereof being charged to the account of the Customer.

10. Limitation of Liability 

10.1. This clause sets out MedTravelUK’s entire financial liability (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to Customer in respect of: 

1. any breach of these terms and conditions; 
2. any use made by Customer of the Services or any part of them; and 

iii. any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement and/or terms and conditions.

10.2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement. 

10.3. MedTravelUK shall not be liable for any loss or damage attributable to the acts or omissions of any third party including without limitation airlines, booking agents and hotels, save to the extent that such loss or damage is caused by the negligence, fraud or fraudulent misrepresentation of MedTravelUK. 

10.4. Nothing in this agreement limits or excludes the liability of either party for death or personal injury resulting from its negligence; or for any damage or liability incurred by one party as a result of fraud or fraudulent misrepresentation by the other party 

10.5. Subject to clause 10.4 neither party shall be liable for loss of profits; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated savings; or damage to reputation; or loss of contracts; or loss of opportunity; or loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, fees or expenses; 

10.6. Either party’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 this agreement shall be limited to a cap of the annual booking fees in the previous twelve month period, excluding Customer’s separate obligation to pay the Fees.

11. Insurance 

The Customer acknowledges and agrees that it is reasonable and prudent for the Customer (and/or any Passenger) to put in place a policy of insurance in respect of any loss, claim, cost, damage or injury incurred in connection with the travel Services and any travel resulting therefrom. MedTravelUK shall use all reasonable endeavours to assist the Customer and/or the Passenger in obtaining such a policy of insurance from an insurer on the express request of the Customer and on payment by the Customer of the appropriate premium. The Customer agrees to make each and every Passenger aware of the provisions of this paragraph 11.

12. Change Control 

12.1. If either party wishes to change the scope or execution of the Services, it shall submit details of the requested change to the other party in writing. 

12.2. If either party requests a change to the scope or execution of the Services, MedTravelUK shall, within a reasonable time, provide a written estimate to Customer of: 

1. the likely time required to implement the change; 
2. any necessary variations to MedTravelUK’s Fees arising from the change; and 

iii. any other impact of the change on this agreement. 

12.3. If Customer wishes MedTravelUK to proceed with the change, MedTravelUK has no obligation to do so unless and until the parties have agreed in writing any variations to its Fees, the Services and any other relevant terms of this Agreement. 

12.4. Notwithstanding clauses 12.1 to 12.3, MedTravelUK may, from time to time and without prior notice or any requirement for consent from Customer, change the Services in order to comply with any applicable safety or statutory requirements or industry codes of practice.

13. Confidentiality 

13.1. The Parties undertake to keep confidential all Confidential Information 

13.2. Notwithstanding the above, the Parties may disclose Confidential Information to: i) its holding company or subsidiary (each such term as defined in the Companies Act 2006) and its officers, directors, employees and professional advisers (including auditors) where this is necessary for performance of the Agreement; ii) where requested or required by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body; or iii) with the prior written consent of the other Party 

13.3. For the avoidance of doubt, Confidential Information excludes information that: i) is or becomes public knowledge other than as a direct or indirect result of any breach of this paragraph 13; or ii) is known by the Customer before the date the information is disclosed by MedTravelUK or is lawfully obtained by the Customer after that date.

14. Intellectual Property Rights 

14.1. As between Customer and MedTravelUK, all Intellectual Property Rights and all other rights in the Services and the Pre-existing Materials shall be owned by MedTravelUK. 

14.2. Subject to clause 14.1, and to full payment by Customer of the Fees, MedTravelUK licenses all such rights to Customer free of charge and on a non-exclusive, worldwide basis to such extent as is necessary to enable Customer to make reasonable, internal, use of the Services. 

14.3. Customer acknowledges that, where MedTravelUK does not own the Pre-existing Materials, Customer use of rights in Pre-existing Materials is conditional on MedTravelUK obtaining a written licence (or sub-licence) from the relevant licensor or licensors on such terms as will entitle MedTravelUK to license such rights to Customer. 

14.4. The Customer shall not: 

1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form or distribute all or any portion of any software made available to Customer for use, subject to this Agreement, the rights to which are owned by a third party; 
2. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make available to any third party except the Authorised Bookers, any software made available to Customer for use, subject to this Agreement, the rights to which are owned by a third party; 

15. Force Majeure 

Neither Party shall have any liability for any delay or failure to perform its obligations (except payment obligations) hereunder to the extent such delay or failure is the result of any act or event that is beyond such Party’s reasonable control (“Force Majeure Event”). 

Force Majeure Events include, but are not limited to, acts of god, war, lightning, fire, storm, flood, earthquake, terrorist act, blockade, revolution, riot, insurrection, civil commotion, public demonstration, strikes or industrial disturbances, sabotage and act of vandalism, criminal (including, but not limited to, crime that involves a computer, a network, or the internet, including computer-related extortion, fraud and forgery, and unauthorized access to or interference with data, identity theft, software and media piracy, web-site vandalism, release of viruses and worms, (distributed) denial of service attacks, invasion of privacy, cyber-spying and illegal hacking) or terrorists acts by third parties, interruption or degradation of any third party communications system or the internet, or any action of a governmental entity and similar events. If a Party experiences a Force Majeure Event, it shall promptly provide written notice thereof to the other Party and shall use all reasonable efforts to remove, avoid or mitigate the consequences of such Force Majeure Event.

16 Financial Protection 

16.1. When the Customer buys an “ATOL Protected” flight from MedTravelUK it will receive a booking confirmation confirming its arrangements and protection under Key Travel’s Air Travel Organiser’s Licence number 3329. In the unlikely event of MedTravelUK’s insolvency, the CAA will ensure that the Customer (and/or any Passenger) is not stranded abroad and will arrange to refund any money the Customer has paid to MedTravelUK for an advance Booking. For further information visit the ATOL website at www.atol.org.uk. 

16.2. Not all holiday and travel services offered and sold by MedTravelUK will be protected by the ATOL scheme. The Customer should ask for confirmation as to what protection might apply to its Booking.

17. Complaints and Escalation Procedure 

If the Customer or any Passenger has a problem during its trip, they should inform the relevant Third Party Supplier (where applicable) and the resort representative immediately who will endeavour to resolve any complaint(s). MedTravelUK will not be able to assist in dealing with any complaint if the Customer and/or the Passenger does not communicate the problem to the relevant Third Party Supplier at the time the issue arises. 

If the Customer has a problem with the MedTravelUK Services, they should communicate this to MedTravelUK in writing. MedTravelUK will do their best to try and resolve all issues as soon as possible.

18. Material Adverse Events 

The Travel Industry is particularly susceptible to events from a national to a global level which can, at short notice, have a material effect on the ability of a Travel Management Company to continue to provide some or all services partially or at all – Material Adverse Events (“MAE”). Examples include, but are not limited to epidemics, pandemics, far-reaching natural disasters (such as large volcanic ash clouds), significant borders being closed or anything that leads to large parts of the global travel system infrastructure becoming unusable. MedTravelUK reserves the right in the case of such an MAE to vary the services it provides and the levels of service it offers acting at all times in a reasonable and proportionate manner and making all reasonable efforts to restore all services and service levels as soon as practically reasonable.

19. Jurisdiction and Governing Law 

These Terms of Business and any contracts between MedTravelUK and the Customer shall be governed by the law of Scotland and shall be subject to the exclusive jurisdiction of the Scottish Courts, without prejudice to the right of MedTravelUK to seek recovery of any sums due from the Customer before any court of competent jurisdiction. For the avoidance of doubt Customer contracts with Third Party Suppliers directly on the terms and conditions of those Third Party Suppliers for those services provided by those Third Party Suppliers but arranged by MedTravelUK acting as agent.