Section 1 – Definitions

  1. Health Travellers: the contractor and also mediator who offers possible clients residence, transport and/or local transfers for dental treatments abroad. The Health Travellers company is established in Sittard, Netherlands, and registered at the Chamber of Commerce with number 63975319.
  2. Client: the natural or legally committed person who made an agreement with Health Travellers, uses their services or to whom Health Travellers has delivered a quotation.
  3. Services: all services offered by Health Travellers. I.A.- but not restricted to –
    -Getting the client in touch with a dental practitioner;
    -Reserving an accommodation such as a hotel room or apartment;
    -Reserving a flight ticket to the country where the dental treatment will take place;
    -Arranging local transfers abroad, without exceptions transfers from and to the airport and the dental treatment appointments only;
    -Escort abroad in the time of treatment.
  4. Dental treatment: the dental treatment at the dental surgery abroad.
  5. Practitioner: the third person who performs the dental treatment(s) at his/her
  6. Servant: the transporter, the provider of accommodation and/or other servants in the broadest sense of the word with whom the client makes an agreement and who, observing the conditions applicable, is responsible for the service.
  7. Agreement: the agreement committed between Health Travellers and a client.
  8. Treatment agreement: the agreement made between a client and a practitioner as defined in rule 5 of this section to execute a dental treatment abroad.
  9. Terms and Conditions: these Terms and Conditions.
  10. Website: Health Traveller’s website is accessible at www.healthtravellers.com

Section 2 – General conditions and applicability

  1. All conditions are applicable to all legal commitments, services and agreements between Health Travellers and the client.
  2. The client who, without comment retains and accepts an agreement and/or quotation in which has been referred to these terms and conditions, will be considered to agree with these terms and conditions.
  3. The possible terms and conditions and other conditions of the client and/or third parties are not valid. Health Travellers will explicitly reject their applicability.
  4. In case at any time one or more conditions of these terms and conditions are being or have been annulled, partly or in the whole, all other remaining conditions and the agreement will be maintained. The concerning clause between the client and Health Travellers will be replaced by a clause that will keep the intention and meaning of the original clause as close as possible.
  5. Uncertainty about interpretation or content of one or more conditions of the terms and conditions must be explained accordingly to the intention of these terms and conditions.
  6. Situations not mentioned in these terms and conditions shall be considered accordingly to the intention of these terms and conditions.
  7. In case at any time, Health Travellers do not constantly practice strict observance of the terms and conditions, this does not indicate that all provisions of the terms and conditions are not applicable and Health Travellers will lose in any way their rights to acquire strict observance of the conditions of these terms and conditions in other cases.
  8. Health Travellers are entitled to (unilaterally) change or add to these terms and conditions. Any changes to the terms and conditions will be announced two weeks in advance of coming into effect. The client agrees to be committed to the changed provisions if he/she makes use of our services after the announcement of the new/ changed provisions.
  9. Changes necessary in connection to rules, policy or third parties’ terms and conditions can be executed by Health Travellers at any time. Such changes are necessary/required to provide optimal service.

Section 3 – Quotation

  1. Once the quotation has been forwarded, it will be valid for 30 days only after the date of writing, unless Health Travellers indicate otherwise and/or changes occur within this period which cause alternating the treatment procedure.
  2. Health Travellers will send the provided information to the dental practitioner. The dental practitioner will then draft a quotation for that part of the treatment.
  3. Health Travellers and/or the practitioner can only provide a quotation after the client has indicated the occurring dental problems, substantiated by recent (CT) scans and/or X-rays. In advance of receiving a quotation and if desired the client might visit the concerning practitioner abroad for an interview. Possible associated costs for transport, transfer and residence will be at the client’s account.
  4. Quotations are being based upon information, materials and/or data provided by the client. The client should provide all (medical) information, data, X-ray, scans and material to Health Travellers. The client him/herself is responsible for the correctness and completeness of that information. In case subsequently the information, data, X-rays scans and materials turn out not to be fully or to be incorrect, Health Travellers and/or the practitioner are entitled to adjust the quotation.
  5. In case of a client accepting the quotation, Health Travellers is entitled to cancel the offer within two working days.
  6. Health Travellers cannot retain their quotation in case of a mistake or an incorrect writing or in case the quotation has been based upon wrong or insufficient information.
  7. Quotations offered are not automatically valid for future agreement.

Section 4 – Achievement of the agreement

  1. An agreement between Health Travellers and clientele will only be achieved if the client accepts an offer and/or quotation from Health Travellers.
  2. After achievement of the agreement the client will provide all the data, including those of his/her possible travelling partners.
  3. Health Travellers is entitled to untimely refuse or terminate a request and/or agreement without reason and at any/all time.
  4. Only agreements or commitments in writing will be valid. Verbal agreements and/or commitments, or those made by phone cannot derive any rights. In case an agreement has been concluded verbally only a confirmation in writing will be valid.

Section 5 – Execution of the agreement and treatment

  1. All treatments will be performed abroad.
  2. The treatments will be executed by a third party. Health Travellers only acts as a mediator for the client to get in touch with the practitioner.
  3. Possible booked services such as transport, transfers and residence will also be executed by a third party.
  4. All agreements and services will be executed at Health Travellers own discretion and according to their own ability. Accountability of performance applies without accountability of result. The act of accountability of performance means that Health Travellers cannot guarantee that the results requested will be (actually) achieved.
  5. Health Travellers is entitled to have the proceedings performed by a third party, partly or totally, in case good execution of the agreement will require so.
  6. Health Travellers is entitled to execute an agreement in parts and to charge the parts already executed.
  7. Times of delivery will never be definite. In case Health Travellers exceed the delivery time Health Travellers should be held liable in writing where after they will obtain a reasonable term to still execute the agreement.

Section 6 – Co-operation and information providing by the customer

  1. The client him/herself is responsible for all their travel documents such as a valid passport, visa, injections and vaccinations etc.
  2. The client has to inform him/herself about the necessary additional information in the country of treatment and, before departure, also check if all the former information obtained is still correct.
  3. In case a client cannot or partly cannot proceed his journey to the practitioner due to any lacking valid documents, all the effects involved are on his/her account and all cancelling conditions as mentioned in these terms and conditions are applicable.
  4. The client is obliged to compliance of all instructions by Health Travellers to promote a good execution of the journey and is responsible for the damage caused by unlawful behaviour at the measure of the conduct of a correct client.
  5. Each client has to inform him/herself at least 24 hours in advance of departure, for as well departure and return journey, about the exact departure time. By not observing these rules all the resulting costs and effects are on the client’s account.

Section 7 – Position Health Travellers

  1. Health Travellers only operates as mediator between the client and the practitioner. Health Travellers is not a party to treatment agreements between the client and the practitioner. The practitioner is liable and responsible without exception for the treatment executed.
  2. Health Travellers will also not be involved in agreements about transport, transfers and residence. Agreements about transport, transfers and residence are being achieved by the client and the concerning servant.
  3. In case a practitioner or another servant does not perform to the agreement previously achieved, this will be a case between the client and the practitioner/servant. Health Travellers might perform as mediator, but will not be a party involved.
  4. Health Travellers will not be responsible or accountable for the behaviour, pronunciations/ information, prescriptions etc. made by the practitioner/servant.
  5. Between the client, practitioner/servant the terms and conditions of the practitioner/servant are applicable. The client has to inform him/herself about the terms and conditions of the practitioner/servant. Health Travellers does not have any involvement in the terms and agreements of the practitioner/servant.
  6. Health Travellers is not responsible for possible promises done by a practitioner/servant.

Section 8 – Payment

  1. At achieving the agreement a deposit equal to 50% of the total invoice amount has to be paid in advance unless agreed otherwise.
  2. The deposit as mentioned in rule 1 of this section will have to be completed within 14 days after achieving agreement. Payments can be made by cash or by bank and/or giro transfers.
  3. By not paying the deposit and/or the costs for transportation the client will be in default. He/she will receive a notification in writing from Health Travellers. The client will still have been given the opportunity to pay the amount due. In case of payment failing to materialise then, the agreement is considered to be annulled on the day of failing. Health Travellers will then be entitled to charge the due annulment costs as mentioned in these terms and conditions.
  4. If applicable: the costs for transport and flight have to be to be paid in full within 14 days after achievement of agreement. So long as the client has not paid the amount in question, Health Travellers will not proceed in reserving or booking transport. Owing to client not fulfilling payment, the possible consequences or price changes are to the detriment of the client.
  5. The balance has to be paid at the practitioner’s surgery, at the latest by the last appointment at the practitioner’s surgery. Payments can be made by cash, or pin.
  6. Health Travellers can send invoices as well by standard post or by email.
  7. Possible objections to the size of the invoice amount do not suspend payment.
  8. In case an invoice is not paid in time, Health Travellers is entitled, after having sent at least one reminder, to charge the legal (trade) interest from the total invoice amount from the expiring date of the invoice till the date of payment. All reasonable costs incurred caused as a result of extrajudicial collection of the claim are at the client’s responsibility. In this event the client will owe collection costs. Extrajudicial costs will be calculated in accordance with the customary Dutch collection policy.
  9. The collection costs are subject to legal interest too.
  10. In case Health Travellers incur higher costs, which for any reason have been necessary, they will be at the clients account, as well as the judicial and executing costs.
  11. In case of payment arrears Health Travellers will stop its services and/or performances. The services and/or performances will be resumed after the moment the invoices, including the legal (trade) interest have been paid.

Section 9 – Cancelling appointments and services

  1. In case the agreement, inclusive transport, residence, medical treatment and/or transfer, has been cancelled, annulment costs will be due.
  2. Health Travellers maintains the annulment conditions from the date the agreement has been achieved as follows:

*Annulment until 8 weeks in advance of departure 35 % of the costs will be charged
*Annulment within 8 weeks in advance of departure 50 % of the costs will be charged
*Annulment within 4 weeks in advance of departure 75 % of the costs will be charged
*Annulment within 2 weeks in advance of departure 100 % of the costs will be charged.

  1. A client’s annulment can only be considered at working days during office working-hours. Annulments outside office working- hours are being considered to be performed the next working day.

Section 10 – Intelligent ownership

  1. Without prejudice the other provisions in these terms and conditions and the agreement provided, Health Travellers retains the rights and competence they obtain by reason of copy right.
  2. The customer is not allowed to change rules unless it appears otherwise by the nature of delivery, or an agreement in writing admits differently.
  3. The in the framework of the agreement possible documentations such as designs, sketches, advices, documents or (electronical) files etc. will remain the property of Health Travellers irrespective whether those have been given to the client or to a third party unless agreed otherwise.
  4. All possible documentation provided by Health Travellers such as designs, advises, documents or (electronic) files, is without exception meant to be used by the client only and is not allowed to be made public or put to the acknowledgements of a third party without consent of Health Travellers unless it appears differently through the nature of the provided documentation.
  5. Health Travellers maintains the right for the obtained possible improved knowledge through the execution of the agreement to be used for other purposes as far as confident information has not been made acknowledgeable to a third party.

Section 11 – Secrecy

  1. Health Travellers will treat data and information strictly confidentially and will not share with a third party unless necessary for the good execution of the agreement. Health Travellers is bound to secrecy against third parties not involved in the performance of the agreement.
  2. Obligation to secrecy in this section will not be valid in case Health Travellers have been ordered by law or a binding ordeal of a court ruling, or in case the information, without breaking the secrecy obligation mentioned, is of general knowledge.
  3. In case a practitioner or a servant does not observe the client’s confidentiality or privacy Health Travellers cannot be held responsible or liable.
  4. Information will be considered confidential if a party has stated so or if resulting so by the nature of the information.

Section 12 – Complaints

  1. Complaints about a practitioner, servant and/or other third party have to be deposited at the concerning counter party. This is without exception a case between the client and/or the practitioner, servant and/or third party. Health Traveller may possibly act as mediator.
  2. Complaints about services, agreements and/or invoices of Health Travellers have to be made acknowledgeable to Health Travellers in writing only and with motivation within 2 weeks. After passing of this term all services and respectively invoice are being considered to have been approved of and all concerning rights will expire.
  3. A complaint does not suspend the client’s obligations to payment, or other obligations of the agreement unless Health Travellers has announced the complaint to be significant in writing.
  4. Health travellers will settle the complaint within 14 days. In case Health Travellers need a longer settlement period the client will be informed.
  5. In Case a complaint is rightful Health Travellers will have the opportunity choice between adjusting the invoice, free improvement, or perform the service over again.

Section 13 – Guarantees

  1. Health Travellers guarantee their services meet the general constitutional demand and norms required.
  2. Health Travellers does not provide guarantees for treatments, materials used during a treatment, transport residence etc. Those guarantees are being provided by the practitioner, resp. servant.

Section 14 – Finishing, cancelling and dissolving the agreement

  1. Health Travellers does have the power to suspend, finish or dissolve the agreement in case of:
  • The client does not partly or totally, follow the obligations mentioned in these terms and conditions.
  • The client misuses, in any way possible, the services, activities, and/or the website of Health Travellers.
  • After the agreement Health Travellers has learnt about convincing circumstances they fear the client might not or not properly perform or fulfil his obligations.
  • The client does not pay in time or not fully the agreed deposit and/or invoice.
  • One of the parties has deceased.
  • One of the parties discontinues their/his/her company/enterprise.
  1. In case Health Travellers proceed to dissolve the agreement all its claims are directly demandable. If Health Travellers suspend its observational obligations they will still maintain their legal liabilities, or those from the agreement or these terms and conditions.
  2. In case of liquidation, suspension of payment, or bankruptcy of the client and either debt restructuring or any other circumstances which causes client not to dispose freely of his/hers capital, Health Travellers will have the right to dissolve the agreement without having obligations to indemnification.
  3. The agreement cannot be annulled without costs as soon as the agreement has been achieved.

Section 15 – Adjustment and modification of the agreement and/or services

  1. Health Travellers is entitled to change the agreed service of residence and/or transport in one or more essential parts in case of significant circumstances and/or the necessity of good execution of the agreement requires so. Significant circumstances are circumstances of a nature in which further commitment of Health Travellers cannot be claimed in all reason. In case the changes of the agreement can be attributed to the client the resulting damages are at the client’s account. In case the cause of changing is attributed to Health Travellers the resulting damages are at their account.
  2. Health Travellers will present the client an amendment proposal in the form of an alternative offer within 5 working days after the significant circumstances have occurred. This obligation expires in case the cause of modification is attributed to the client. The alternative offer should at least be equal. Equality of an alternative offer should be considered according to objective standards.
  3. Health Travellers may also modify the agreement in a not essential part in case of significant circumstances immediately announced to the client. In that case the client will only be allowed to refuse the modification if the change causes more than average less significance.
  4. In case, during execution of the agreement an adjustment or addition turns out in to be necessary, the parties will proceed in time and in mutual deliberation to adjusting and/or complementing the agreement. In case the nature, size or content of the modification of agreement and/or the addition to it, whether or not on the client’s, the providers’ and/or practitioner’s request or indication, and the agreement has been adjusted or complemented, the agreement thereby has changed in regard of quality and/or quantity,  consequently this will change the original agreement. The original agreed invoice amount may have to be increased or decreased. Health Travellers will offer a quotation as soon as possible in advance. Because of a modification of the agreement the originally mentioned term of execution might have to be changed henceforth. The client accepts the possibility of modification of the agreement which includes the changes of tariff and terms of execution.
  5. Without being in default Health Travellers can refuse a request to changes or complements to the agreement.
  6. Changes or complements of the agreement are only possible after explicit permission of Health Travellers in writing.
  7. In case of a necessary interim change of the agreement by the client’s fault, Health Travellers can change the agreement if the quality of the agreement does require so.
  8. In case Health Travellers, after the achievement, cannot accomplish the agreement, as a result of circumstances not known to Health Travellers at the time of the achievement, Health Travellers has the right to demand to change the contents of the agreement such that the execution of the agreement remains possible.

Section 16 – Liability

  1. Each liability of Health Travellers is restricted to that which is produced in these terms and conditions.
  2. Health Travellers does not accept any liability to damages caused by proceedings and/or omissions of the servants and/or practitioner concerned nor for the correctness of the information provided by the servants/practitioner.
  3. Health Travellers cannot be held liable for a treatment and/or the result of a treatment. Health Travellers does not accept any liability for damages resulting from a treatment or an examination. The client declares to not hold Health Travellers liable for the results of a subjected medical treatment. Damages resulting from the treatment are fully at the risk and expense of the client.
  4. Health Travellers is not responsible for photos, folders, brochures and other information material as far as provided by third parties, practitioner and/or servant.
  5. The client declares to have been informed sufficiently and acceptably and also declares to sustain the treatment on his free will.
  6. Health Travellers is not liable, in any way possible, for damages caused by incorrect and/or not full information provided by the client on which they are based upon.
  7. The practice, the use and the publication of advices, reports and, materials of Health Travellers, practitioner and/or a servant, are totally at the client’s risk.
  8. Health Travellers is not liable for mistakes resulting from agreements conducted by servants, practitioner and/or other third parties.
  9. Health Travellers are not liable for changes in their execution or services in case they change those services due to changings in technology, policy or guidelines of the servants, practitioner and/or other third parties.
  10. Health Travellers cannot be held liable for the findings and advices of a practitioner and /or servant.
  11. Health Travellers will neither accept liability for damage which claims compensation under an insurance (e.g. by making a travel insurance contract and/or a cancellation insurance, or a health insurance) as well as liability for damages sustained by the client in the frame of executing a profession or a business (which includes the damages caused by missed working-days and/or not arriving in time at the working destination).
  12. Health Travelers can only be held liable for direct damages. Direct damages are defined below;
  • Reasonable costs made to enable/compensate the lacking performance of Health Travellers as far as those imputed by Health Travellers.
  • Reasonable costs to determine the cause and extent of the (direct) damage.
  • Reasonable cost to avoid or restrict the damage, as far as the client indicates the costs incurred have caused restriction of the direct damage.
  1. Health Travellers cannot be held liable for indirect damage. Indirect damage is defined below:
  • Short fall of profits and/or earnings;
  • Missed savings;
  • Result damage;
  • Reputation damage;
  • Disappointing expectations or results;
  • Business or other kind of blockages.
  1. As far as Health Travellers is held liable for not properly or timely executing the agreement, their liability will be restricted to a maximum of once the invoice amount with a maximum of €5000.
  2. Any liability of Health Travellers expires after 1 year. Failing that term any claim for compensation will expire.
  3. Health Travellers cannot be held liable in case of unforeseen circumstances.
  4. The restrictions included in these section do not apply in case the damage is due to intent or gross conduct of Health Travellers.

Section 17 – Safeguarding

  1. The client will safeguard Health Travellers against possible claims of third parties who sustain damage in connection with the execution of the agreement. In case Health Travellers has been addressed for that reason by a third party, the client will be bound to assist Health Travellers inter as well extra judicially and will immediately perform according as expected by Health Travellers. In case the client fails to take the appropriate measurements Health Travellers will be entitled, without any liability, to proceed themselves. All costs and damages on the side of Health Travellers or a third party as a result of this will be at the risk and shall be borne integrally by the client.

 Section 18 – Unforeseen circumstances

  1. Parties will not be bound to observe any of the obligations in case they have been prevented by circumstances that are not due to negligence, neither according to the law, an act of justice nor to prevalent practice of community opinions.
  2. Force majeure in these terms and conditions comprehends, besides such understood in law and jurisprudence, all extern causes anticipated or not anticipated, which cannot be influenced by Health Travellers and to which they cannot observe their obligations. Among these circumstances strikes within the Health Travellers’ company are included.
  3. Health Travellers has the right to invoke unforeseen circumstances in case the circumstance that impedes that observance occurs after Health Travellers should have performed the observance of its agreement.
  4. Parties may postpone the obligations of the agreement during the period of the occurring unforeseen circumstance. In case this period will take longer than 2 months, each party will have the right to suspend the agreement, without any obligation of compensation obligation to the other party.
  5. As far as, in the period the unforeseen circumstance occurs, Health Travellers has already partly performed or will perform its obligations, and the already performed parts respectively the future performances, assigns independent value, Health Travellers has the right to separately invoice the parts already or to be performed. The client is bound to pay this invoice as to be a separate agreement.
  6. Health Travellers will not be held liable for unforeseen situations such as service strikes, strikes in telephone or mail services or power cuts. Health Travellers also will not be held liable for possible strikes at the concerning practitioner and/ or servant. This also includes an unforeseen shortage of employees, a general shortage of the materials or services required to execute the agreement, unpredicted delay by the suppliers or other third parties Health Travellers relies upon, general transport problems and/or delays and/or changings of flights. Those circumstances stand as an example for unforeseen circumstances as far as they prevent or unreasonably impede the execution of the agreement.

Section 19 – Applicable rights and competence of the court

  1. Only and without exception Dutch law shall be applicable to all agreements, dispute services, software, quotations, trainings and invoices, even if the client is living or has settled abroad.
  2. The applicability of the Vienna Sales Convention is excluded.
  3. All disputes between Health Travellers and the client are being considered to be solved mutually before being submitted to a lawful judge/competent court.
  4. Disputes between Health Travellers and a client which cannot be solved in a mutual consideration will be submitted to the Dutch competent court only.
  5. Parties do have the right to submit the dispute to an independent institute of arbitrage or a mediator. The verdict from an independent arbitrage will be obligatory.