Terms & Conditions

[Effective Date: 2 January 2025] 

  1. INTERPRETATION 

1.1 Interpretation:  

(a) Any mention of a statute or legal provision encompasses its modifications or replacements, as well as all associated subordinate regulations established under it. 

(b) Terms that follow expressions such as “including,” “include,” “specifically,” “for instance,” or similar phrases are provided as examples and do not limit the interpretation of preceding terms or words. 

(c) References to “writing” or “written” extend to communications sent via fax and electronic mail (email). 

1.2 Definitions Pertaining to This Agreement  

The definitions and interpretative principles below apply to these Terms: 

  • Charges: The amounts payable by the Client for the Services, as outlined in Clause 10. 
  • Control: Defined as per section 1124 of the Corporation Tax Act 2010, with the phrase “change of control” understood in the same context. 
  • Destination: Refers to the country or city where the medical procedure is carried out. 
  • Customer Default: Refers to the meaning provided in Clause 6. 
  • Program: Covers the details of treatment packages available. 
  • Commencement Date: Defined as per Clause 3.2. 
  • Services: The range of offerings supplied by the Provider to the Client, including Deliverables described in the Specification. 
  • Conditions: These terms and conditions, subject to updates in accordance with Clause 11.5. 
  • Controller, Processor, Data Subject, Personal Data, Personal Data Breach, Processing, and Appropriate Technical Measures: As per the definitions in the applicable Data Protection Laws. 
  • Order: The Client’s formal request for Services, as specified in their purchase order. 
  • Supplier Materials: Defined in Clause 9.1(c). 
  • Customer: The individual or organization acquiring Services from the Provider. 
  • Agreement: Refers to this document and its terms. 
  • Specification: The detailed description of Services provided by the Provider to the Client in written form. 
  • Trading Name: The business name “Cure & Travel” used by Horizonius. 
  • Procedure: Refers to any medical or surgical intervention. 
  • Supplier: Horizonius Ltd., a company registered in England and Wales under registration number 09722273. 
  • Treatment Package: A comprehensive package covering surgical costs, accommodation, private transportation, host services, and preoperative tests. 
  • Business Day: Any day (other than Saturday, Sunday, or a public holiday in England) when banks are operational. 
  • Service Provider: Includes any hospital, private clinic, surgeon, or medical professional providing consultations, examinations, medical treatments, care, or follow-up services. 
  • Data Protection Legislation: Includes UK Data Protection Laws, EU regulations on personal data, and any relevant laws or regulatory requirements governing personal data usage, including electronic communication privacy rules. 
  • UK Data Protection Legislation: Comprises all current UK privacy and data protection laws, including GDPR ((EU) 2016/679), the Data Protection Act 2018, the Privacy and Electronic Communications Directive (2002/58/EC) (as updated by Directive 2009/136/EC), and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), as amended. 
  • Intellectual Property Rights: Includes trademarks, service marks, trade names, domain names, design rights, software rights, database rights, rights to trade dress or goodwill, rights to sue for passing off or unfair competition, as well as all confidential information (including know-how and trade secrets) and any other intellectual property rights—registered or not. It also covers applications, renewals, or extensions of these rights, as well as their equivalents globally, now or in the future. 

 

  1. DELIVERY OF SERVICES   

2.1 The Supplier agrees to provide the Services to the Customer in alignment with the Specification in all significant respects.  

2.2 The Supplier will use reasonable efforts to adhere to any performance timelines outlined in the Contract; however, these dates are approximations only, and timely delivery is not a critical condition for the completion of the Services.  

2.3 The Supplier retains the right to amend the Specification as necessary to comply with applicable laws or regulatory obligations or where such adjustments do not substantially alter the nature or quality of the Services. The Supplier will inform the Customer of any such revisions.  

2.4 The Supplier guarantees that all Services will be performed with appropriate care and expertise. This updated wording ensures that “Cure & Travel” by Horizonius Ltd. replaces any previous company name while preserving clarity and legal precision. 

 

  1. BASIS OF CONTRACT

3.1 The Order constitutes an offer by the Customer to acquire Services in accordance with these Conditions. 

3.2 The Order is deemed accepted only when the Supplier, Cure & Travel by Horizonius Ltd., issues written confirmation. At that moment, and on that date, the Contract becomes effective (referred to as the “Commencement Date”). 

3.3 Any samples, illustrations, drawings, descriptive content, or advertisements provided by the Supplier, including those in catalogues or brochures, are intended solely to give a general overview of the Services offered. These materials are not part of the Contract and do not create any binding obligations. 

3.4 These Conditions exclusively govern the Contract, overriding any other terms the Customer may seek to apply or incorporate, whether through law, trade practices, customary usage, or previous interactions. 

3.5 Any quotation issued by the Supplier does not amount to an offer and remains valid only for 20 Business Days from the date of issuance. 

 

  1. SUPPLIER’S RESPONSIBILITIES

4.1 The Supplier shall provide the Customer with comprehensive details about the available packages, including pricing, visa requirements, and information regarding official health-related processes. 

4.2 The Supplier will furnish the Customer with pre-departure guidance, covering travel arrangements as well as the names, addresses, and contact details of the chosen Service Provider or agency. 

4.3 The Supplier neither manages nor controls services delivered by accommodation providers, travel companies, or transfer agencies. The Supplier does not guarantee the quality or performance of third-party providers and accepts no responsibility for any issues arising from transactions between the Customer and such providers. Customers are strongly encouraged to review the terms and conditions of third-party providers before making bookings. 

4.4 If the Supplier initiates a cancellation or alteration to a booking, the Customer will be informed promptly. The Supplier retains the right to reschedule or cancel procedures as needed. Should the Customer decide to cancel their booking, refunds will be issued based on a prorated calculation. The Supplier will not be held accountable for delays or non-performance caused by events beyond its reasonable control, such as natural disasters (e.g., fires, floods, earthquakes), embargoes, conflicts, civil disturbances, strikes, acts of terrorism, or disruptions such as flight delays or cancellations. 

  1. INTELLECTUAL PROPERTY RIGHTS

5.1 All ownership and rights to Intellectual Property arising from or related to the Services (except for any Intellectual Property Rights in materials supplied by the Customer) shall remain the sole and exclusive property of the Supplier, Cure & Travel by Horizonius Ltd. 

5.2 The Customer shall not transfer, assign, sublicense, or otherwise convey any rights under this Section without obtaining prior written approval from the Supplier. 

  1. CUSTOMER’S RESPONSIBILITIES

6.1 In situations where the Supplier’s ability to fulfil its obligations under the Agreement is obstructed or delayed due to any action, false information, lack of information, omission, or failure on the part of the Customer (Customer Default): 

6.1.1 Without restricting any other available rights or remedies, the Supplier has the right to suspend the provision of Services until the Customer resolves the Customer Default. 

6.1.2 The Supplier may be excused from meeting its obligations to the extent that the Customer Default impedes or delays the performance of services. 

6.1.3 The Supplier shall not be held responsible for any losses or costs resulting from the Customer Default, including but not limited to inconvenience, extra charges, deposits, or the suspension or cancellation of treatments, accommodations, or transport arrangements. 

6.1.4 If the Customer Default cannot be corrected, the Supplier reserves the right to discontinue the Services without violating any legal or contractual duties. 

6.1.5 The Customer agrees to reimburse the Supplier, upon written request, for any expenses or damages caused by the Customer Default, including service charges, lodging expenses, or transportation costs—even if treatments are paused or canceled. 

6.2 The Customer shall: 

6.2.1 Ensure that all details in the Order and any information outlined in the Specification are thorough and precise. 

6.2.2 Cooperate fully with the Supplier on all matters concerning the Services. 

6.2.3 Grant the Supplier, its staff, representatives, consultants, and subcontractors access to the Customer’s relevant information as reasonably needed by the Supplier. 

6.2.4 Provide the Supplier with any necessary data and resources to facilitate the delivery of the Services, ensuring that all such information is both comprehensive and accurate. 

6.2.5 Secure and retain all necessary permissions and approvals required for the Services before they begin. 

6.2.6 Ensure possession of a valid passport, visa (if needed), and any other required travel documents. 

6.2.7 Submit passenger details to the assigned airline in advance of departure, where applicable. 

6.2.8 Comply with all entry and transit regulations for their final destination or any intermediate stops. 

6.2.9 Grant permission for the Supplier to share relevant medical history with the Service Provider prior to travel in order to assess eligibility for the proposed treatments. 

6.2.10 Authorize the Supplier to access their medical records for the purpose of maintaining them with the Service Provider. The Supplier will not disclose or sell personal data to third parties unless essential for service provision. 

6.2.11 Follow all aftercare guidelines provided by healthcare professionals following treatment. 

6.2.12 In the event of complications post-treatment, obtain necessary documentation from official medical facilities to confirm that the issues are directly attributable to the treatment. Such reports must be submitted to Cure & Travel by Horizonius Ltd. 

6.2.13 Acquire insurance from an approved provider when purchasing a Treatment Plan. This insurance must cover potential issues such as bankruptcy, travel delays, or medical complications. Acceptance of these Terms and Conditions signifies the Customer’s agreement to this requirement. 

 

  1. DATA PROTECTION

7.1 Both parties commit to adhering to all relevant provisions of the Data Protection Laws. This Clause serves as an addition to, and does not replace, either party’s responsibilities or entitlements under Data Protection Laws. For the purpose of this Clause: 

Applicable Laws refers to the regulations of the European Union, any EU member state, and/or UK domestic law (to the extent applicable to the Supplier). 

UK Domestic Law refers to the UK Data Protection Legislation and any other relevant legal provisions within the UK. 

7.2 The parties acknowledge that, for the purposes of Data Protection Legislation, the Customer functions as the data controller, while the Supplier operates as the data processor. 

7.3 The Customer shall ensure that all required permissions and notices are in place to allow the lawful transfer of personal data to the Supplier for processing, both during and for the purposes of fulfilling this Agreement. 

7.4 The Supplier agrees to adhere to the following obligations concerning personal data processed in connection with its duties under this Agreement: 

(a) Process personal data only in accordance with written instructions from the Customer, unless required by Applicable Laws to handle such data differently. If processing is mandated by Applicable Laws, the Supplier will inform the Customer before proceeding, unless restricted by law. 

(b) Implement suitable technical and organizational precautions, subject to the Customer’s approval, to safeguard personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage. These measures may include pseudonymization, encryption, ensuring confidentiality and system resilience, prompt restoration of access following an incident, and routine assessments of the implemented safeguards. 

(c) Ensure that all individuals who handle personal data are bound by confidentiality obligations. 

(d) Not transfer personal data outside the European Economic Area without obtaining prior written consent from the Customer, and ensuring the following conditions are met: 

(i) Adequate protections are in place for such transfers. 

(ii) The data subject has enforceable rights and accessible legal remedies. 

(iii) The Supplier complies with its duties under Data Protection Laws to ensure proper protection of the transferred data. 

(iv) The Supplier follows reasonable directions given by the Customer regarding such transfers. 

 

  1. TERMINATION

8.1 Without limiting any other available rights or remedies, either party may end the Agreement by providing the other party with a written notice 7 days in advance. 

8.2 Either party may terminate the Agreement immediately by sending written notice to the other party if: 

(a) The other party commits a substantial violation of any term of the Agreement and fails to correct the violation (if it can be remedied) within 7 days of receiving written notice to do so. 

(b) The other party begins or becomes involved in any proceedings related to bankruptcy, provisional liquidation, or any arrangement with creditors (excluding solvent restructuring), is dissolved (either voluntarily or through court order, except for solvent restructuring), has a receiver appointed for its assets, or discontinues its business activities. This also applies if similar circumstances arise in another jurisdiction. 

(c) The other party suspends, threatens to suspend, or discontinues a major portion of its business operations. 

(d) The financial condition of the other party deteriorates significantly, to the extent that the terminating party reasonably believes the other party will be unable to meet its obligations under the Agreement. 

8.3 The Supplier may immediately terminate the Agreement by providing written notice to the Customer if: 

(a) The Customer fails to make payment of any amount owed under the Agreement by the due date. 

(b) A Customer Default hinders or delays the treatment or execution of services outlined in the Agreement. 

(c) There is a change in the Customer’s control. 

8.4 The Supplier reserves the right to suspend Services under this Agreement or any related contracts immediately if: 

(a) The Customer fails to make payments when due under the Agreement. 

(b) The Customer becomes subject to any events described in Clause 8.2(b)–(d). 

(c) The Supplier reasonably believes that the Customer is at risk of experiencing such events. 

 

  1. EFFECTS OF TERMINATION

9.1 Upon termination of the Agreement: 

(a) The cancellation will become effective at least one week following the notice. A cancellation fee will be assessed based on actual costs and expenditures, unless stated otherwise in Clause 4.4. Deposits will be retained as a reservation fee in the event of cancellation. 

(b) The Customer must promptly settle any outstanding invoices and any applicable interest owed to the Supplier. For services rendered but not yet invoiced, an invoice will be issued and must be paid immediately upon receipt. 

(c) The Customer must return all materials provided by the Supplier, as well as any deliverables that have not been fully paid for. If the Customer fails to do so, the Supplier retains the right to enter the Customer’s premises to retrieve them. Until the return of these items, the Customer assumes full responsibility for their safekeeping and may not use them for purposes unrelated to the Agreement. 

9.2 The termination or expiry of the Agreement does not affect any rights, remedies, responsibilities, or liabilities accrued by either party up to the termination date, including any claims for damages due to prior breaches. 

9.3 Any provisions that are intended to remain in effect after the termination or expiration of the Agreement will continue to be fully enforceable. 

 

  1. FEES AND PAYMENT

10.1 The fees will be determined based on the price quoted by the Supplier for the “Treatment Package” as specified in the Order. 

10.2 The price of the Treatment Package includes the services selected by the Customer, such as surgery, lodging, private transfers, host services, and pre-surgery assessments. 

10.3 Additional fees may be applied for any assessments deemed necessary due to existing health conditions or the Customer’s susceptibility to any condition before or after surgery. 

10.4 The Treatment Package may include a stay at a hospital. Should the hospital stay exceed one night, any extra nights will be billed according to the hospital’s prevailing rates. 

10.4.1 The Supplier’s treatment plans may change following a personal consultation with the Service Provider. Alterations to the treatment plan could result in further charges. 

10.4.2 If the Customer’s treatment plan is altered, they have the option to decline continuing treatment. In such cases, a refund will be issued, deducting the costs for assessments, consultations, and other necessary expenditures. However, costs related to accommodation, travel, and third-party transfers will not be refunded. 

10.4.3 If the Customer agrees to continue with the revised treatment plan, they will receive a new price estimate. The balance due to the Service Provider will be adjusted based on any previous payments. Modifications to the treatment plan may also change the Customer’s duration of stay in the destination country, and the Supplier will not be responsible for making or covering the costs of additional days. 

10.4.4 In cases where multiple procedures are required, and the Customer returns to their home country between treatments, they will be responsible for additional costs related to accommodation, private transfers, and airfares, and these must be paid by the Customer. 

10.4.5 The Customer may cancel their reservation at any time by providing written notice at least seven days before their scheduled departure. Cancellation charges will depend on the actual costs incurred and payments made. 

10.4.6 Any procedures or treatments required after the initial treatment, performed in the UK, will incur separate fees. These charges will be determined at the time of the procedure. 

10.4.7 If third-party providers cancel accommodation bookings, the Supplier will secure alternative accommodation as soon as possible. The replacement accommodation may be rated three or four stars, and any extra costs will be the Customer’s responsibility. 

10.5 The Supplier will invoice the Customer in accordance with the payment terms outlined in the Order form. 

10.5.1 The Customer must settle each invoice provided by the Supplier as follows: 

(a) A non-refundable deposit is required when accepting the quoted price under these Terms and Conditions. This deposit can be paid by credit card, debit card, or bank transfer; the Customer will bear any associated bank charges. 

(b) The remaining balance of the Treatment Package must be paid prior to the Customer’s departure from their home country. The Supplier will not be held responsible for services provided by the Service Provider unless full payment is made before departure. 

Timely payment is essential under this Agreement. 

10.6 All amounts due under this Agreement are exclusive of VAT (Value Added Tax). Where VAT is applicable to any taxable service under this Agreement, it will be added to the invoices issued by the Supplier and must be paid by the Customer along with the payment for services rendered. 

10.6.1 Failure to make full payment before departure will constitute a breach of these Terms and Conditions, releasing the Supplier from any obligation to provide services to the Customer. 

10.6.2 If the due payment is not received by the specified date, interest will accrue daily on overdue sums at a rate of 4% per year above the Bank of England base rate (or a fixed rate of 4% if that base rate falls below zero), until the outstanding amount is fully paid. 

10.6.3 All payments must be made in full without set-offs, counterclaims, deductions, or withholdings, unless required by law. 

10.7 If a medical procedure is cancelled due to negative test results indicating contraindications, any reimbursement will only apply to unused services after deducting any incurred costs and expenses (such as tests and consultations). Deposits and consultation fees are non-refundable in these cases, and Cure & Travel by Horizonius Ltd. will not be liable for any out-of-pocket costs, including travel, accommodation, meals, or transfers. 

10.8 If the treatment plan involves a hospital stay exceeding one-night, extra nights will be charged at the current hospital rates. 

10.9 Non-Refundable Deposit and Commitment to Services 

10.9.1 Once the Customer has made the deposit payment for the agreed Treatment Package, they are committed to proceeding with the Supplier to receive the outlined services. The Customer may not switch to another provider offering the same or similar services, unless specifically directed by the Supplier due to unforeseen circumstances, such as service unavailability or changes beyond the Supplier’s control. 

10.9.2 If the Customer attempts to switch to a different supplier without such direction, the deposit paid will be considered non-refundable, and the Customer will remain liable for the full cost of the Treatment Package, including any planning, arrangements, and other preparatory activities undertaken by the Supplier. 

10.9.3 The Supplier reserves the right to recover any additional expenses incurred due to such a breach by the Customer.

 

  1. GENERAL CONDITIONS

11.1 Force Majeure: Neither party shall be held accountable for any delays or failure to fulfil their obligations due to circumstances beyond their reasonable control. 

11.2 Transfer and Assignments: 

(a) The Supplier retains the right to transfer, subcontract, assign, or delegate its rights and responsibilities under this agreement at any point. 

(b) The Customer is prohibited from transferring, assigning, or delegating any of their rights or responsibilities without obtaining prior written approval from the Supplier. 

11.3 Confidentiality 

(a) Both parties agree not to reveal any confidential information concerning each other’s operations, services, clients, or suppliers, unless prior written consent has been obtained, except as outlined in Clause 11.3(b). 

(b) Reviews and Feedback: The Customer agrees to inform the Supplier in writing about any concerns or dissatisfaction with the services before sharing any negative reviews or comments on public platforms. This notice must be acknowledged verbally and in writing by the Supplier, ensuring that the issue is properly addressed. This procedure allows the Supplier a fair opportunity to resolve the matter in a reasonable period. If the issue is not resolved after this process, the Customer may then share their honest feedback publicly. However, if the Customer posts a negative review without first notifying the Supplier and allowing for resolution, the Supplier may take action to request the removal of defamatory or inaccurate statements and pursue legal recourse, including claims for damages of up to £10,000 where applicable. 

(c) Confidential information may only be disclosed to employees, subcontractors, or consultants who require access to it for fulfilling their contractual obligations and are bound by confidentiality obligations. 

(d) Confidential information may be disclosed if mandated by law or regulatory bodies. 

(e) Confidential data should solely be used for the purpose of fulfilling contractual commitments. 

11.4 Complete Agreement: This agreement constitutes the full and exclusive contract between the parties and overrides all prior discussions or agreements relating to its subject. 

11.5 Amendment: Any changes to this agreement are only valid if made in writing and signed by both parties. 

11.6 Non-enforcement: The failure to enforce any provision of this agreement does not relinquish the right to enforce that provision or any other provisions. 

11.7 Severability: If any clause of this agreement is deemed unenforceable or invalid, it shall be adjusted to make it valid or removed entirely without impacting the rest of the agreement. 

11.8 Notifications: 

(a) Notifications must be provided in writing, either delivered by hand, through pre-paid postal services, or via email. 

(b) Notifications are deemed received as follows: 

By hand: When delivered. 

By post: At 9:00 AM on the second working day after posting. 

By email: At the time of transmission during business hours. 

(c) This clause does not apply to legal proceedings. 

11.9 Rights of Third Parties: This agreement does not confer any rights upon third parties unless explicitly stated. 

11.10 Applicable Law: This agreement is governed by the laws of England and Wales. 

11.11 Jurisdiction: Any disputes arising from this agreement will be resolved exclusively in the courts of England and Wales. 

 

  1. LIMITATION OF LIABILITY

(THE CUSTOMER’S PARTICULAR ATTENTION IS DRAWN TO THIS SECTION) 

12.1 The Supplier, Cure & Travel by Horizonius Ltd., acts as a mediator, facilitating communication and consultation between the Customer and the Service Provider. The Supplier does not possess medical qualifications, does not offer medical counsel, and does not manage or oversee any medical facilities or services provided by the Service Providers. 

12.1.1 By accepting these Terms, the Customer agrees not to hold the Supplier accountable for any results, including medical errors, injury, or death, resulting from the actions of the selected Service Provider. The Customer acknowledges that the Service Provider alone is responsible for such outcomes. 

12.1.2 The Supplier’s role is limited to introducing the Customer to the Service Provider and assisting in establishing a contractual relationship. The Supplier is not liable for any medical actions taken by the Service Provider. 

12.1.3 The Supplier disclaims responsibility for any treatments, services, or procedures administered by the Service Provider. 

12.1.4 The Supplier will not be held accountable for any care, treatment, or services delivered by the Service Provider, nor for any claims regarding malpractice, complications, or dissatisfaction arising directly or indirectly from the advice or treatment provided by the Service Provider. The Customer is advised to thoroughly review the Service Provider’s terms, conditions, and consent forms before undergoing treatment. 

12.1.5 If the Customer fails to meet required criteria or submits incorrect documentation, they may be refused entry or travel to their destination. The Customer accepts full liability for any resulting losses and agrees that the Supplier is not responsible for any consequences. 

12.1.6 The Supplier assumes no responsibility for compensation, refunds, or any other costs arising from the Customer’s failure to travel with proper documentation, including passports, visas, or other necessary documents. The Customer is solely liable for any penalties or expenses incurred due to such failures. 

12.1.7 The Supplier is not responsible for missed flights, including connecting flights. The Customer must ensure they possess all required travel documents, including passports and visas. 

12.1.8 Prior to traveling, it is the Customer’s obligation to seek personalized health advice and ensure that they receive any required or recommended vaccinations for their travel destination. 

12.2 The liability limitations detailed in this Clause apply to all obligations arising under or in relation to this Contract, including those due to breach of contract, negligence, misrepresentation, or any other grounds. 

12.3 These limitations and exclusions do not apply in cases of willful misconduct by either party. 

12.4 Nothing in this Contract limits liability where such limitations are prohibited by law, including liability for: 

(a) Death or injury caused by negligence (excluding medical negligence or malpractice by third-party Service Providers); 

(b) Fraudulent conduct or fraudulent misrepresentation; and 

(c) Breach of terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession). 

12.5 The Customer may not request revision treatments unless there is clear evidence of medical negligence or malpractice by the Service Provider. In these instances, the Service Provider will bear the costs associated with revision treatments, but any additional costs, such as accommodation, travel, and transfers provided by third parties, will remain the responsibility of the Customer. 

12.6 Revision treatments due to complications or unmet expectations must be carried out in the destination country where the initial procedure took place. The Supplier is neither financially nor morally accountable for revision treatments sought in another country. By accepting treatment through this Contract, the Customer agrees that this condition applies to all general medical interventions, surgeries, and dental treatments. 

12.7 Complaints related exclusively to intermediary services provided by the Supplier (excluding healthcare services and treatments) will follow this procedure: 

12.7.1 Complaints must be submitted in detail via email to the Supplier’s designated contact and will receive acknowledgment within five business days. 

12.7.2 A comprehensive review of all relevant procedures and documents will commence upon receipt of a complaint; additional information may be requested during the three-week review process if needed. 

12.7.3 Within one week of completing the review, the Supplier will present proposed resolutions, either in writing or verbally, to the Customer. 

12.7.4 If the proposed resolution is accepted, it will be documented and implemented as agreed. 

12.7.5 If the proposed resolution is rejected, an internal evaluation board will conduct a final review within ten business days, and actions based on their decision will be promptly carried out. 

12.8 This Clause shall remain in effect even after the termination of this Contract.