Ayu by Walkers Tours > TERMS & CONDITIONS

TERMS & CONDITIONS

All services provided by AYU-Medical Tourism by Walkers Tours Limited (AYU) are subject to the following terms and conditions.          By making a booking with us you,  the Client confirm that you have read, fully understood and agree to the following terms.

“Services” refers to any one or more of the following; (a) Medical Tourism (b) Transport (c) Accommodation (d) Wellness Tourism (e) Other tourist services.

1. Your booking.
   1. Booking details must be completed personally by the traveler or by one person on behalf of a group who is deemed to be authorised by individual members (the “Client”) of the Group to contract on their behalf.
   2. AYU will confirm the arrangements requested by the Client through web bookings as soon as reasonably possible upon receipt of the Booking details. Please note that for legal purpose, the contract comes into existence when a confirmation invoice has been issued by AYU for services to be rendered by AYU or on behalf of the relevant suppliers) Despite its best efforts, as services are obtained from third party suppliers, it may not be possible to confirm certain arrangements at once (e.g. when a hotel is only available on request or a specialist Doctor is not available on a requested date or time). Where so specified the legal contract for the services concerned will be formed once AYU has specifically confirmed those services have been booked even if a previous interim confirmation has been issued.
   3. The Client is responsible for checking the details of the confirmation invoice and should give immediate notice of any corrections thereto.
2. Your Contract.
   1.  This contract and all services provided by AYU are exclusively governed by Sri Lankan law.
   2. The Client acknowledges that although the Contract is with AYU, unless otherwise specified, all services are provided by third party service provider (e.g. medical service providers (including hospitals) hotels, bus operations, tours etc..) and that whilst every effort has been made by AYU to ensure that such services are safe, it is unable to accept responsibility for third party services out of its control.  AYU contracts as named agent only.
   3. The Client specifically acknowledges that all arrangements made by AYU for Medical Tourism, Wellness Tourism, hotel accommodation, sightseeing tours and services, entertainment, transportation by air, railroad, motor bus, automobile, or boat, AYU acts only in the capacity of an agent for the domestic airlines, hotels, and other suppliers for the Services described in the tour arrangements.
   4. In particular the Client acknowledges that because AYU maintains no control (including management control) over the personnel, equipment, or operations of these Services suppliers, AYU cannot assume responsibility for and be held liable for any personal injury, property damage or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason of (1) any wrongful, negligent, or unauthorized acts or omissions on the part of any of the suppliers, (2) any wrongful, negligent, or unauthorized acts or omissions on the part of any employee of any of these suppliers, (3) any defect in or failure of any vehicle, equipment, or instrument owned, operated or otherwise used by any of these suppliers, or (4) any wrongful or negligent acts or omissions on the part of the Hospital/Wellness resort or any other party not under the supervision and control, direct or otherwise, of AYU.
   5. The relevant suppliers’ terms and conditions will be available on the relevant voucher or can be obtained from the supplier.
3. Payment
   1. Except where expressly specified by AYU in writing, payment in full for all Services will be processed upon confirmation of arrangements. During certain medical treatments where admission is required, the “Client” will directly settle payments with the medical service provider. where In any event, notwithstanding anything to the contrary contained herein or in any other booking document AYU is under no obligation to provide any Services until payment in full has been received therefor as specified in the payment confirmation page or as instructed in the confirmation email prior commencement of the tour. AYU reserves the right to cancel the medical/wellness tour, and/or apply cancellation charges if payment is not made within the said period.
4. The cost of the Tour
   1. The cost of Services may increase after confirmation if there have been increases in the costs at supplier level/medical or wellness service provider level.
   2. However, every effort shall be made by AYU to limit price increases only to increase transportation costs (e.g. fuel, scheduled airfares and any other domestic airline surcharge which are part of the contract between domestic airlines (and their agents) and the tour operator or organiser) or in dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports or airports or because of adverse exchange rate variations after confirmation of the booking.
   3. All increases in prices are payable by the dates stated in Clause 3 above or by the dates specified on the notice of increase, whichever is the later.
5. Amendments to the Itinerary by the Patient/client
   1. After confirmation, if the Client wishes to change the dates or nature of Services, an email  to do so may be done and AYU shall endeavour to accommodate such changes at the least cost to the Client. The Client shall be responsible for all extra costs of such change.
   2. No credits or refunds for unused services shall be given if the Client fails to avail him/herself of the confirmed arrangements.
6. Cancellation by the Patient/client
   1. Any Client may cancel the  arrangements at any time via online channels or by using the same email address that was used for confirmation Written notification from the person who signed the booking form must be received by AYU for such cancellation. The Client would have been advised of the cancellation policy at the time of confirmation any cancellation changes may apply.
7. Changes to the Itinerary by AYU 
   1. AYU reserve the right to make occasional changes at any time. Most of these changes may relate to flight timings and carriers. AYU undertakes to inform the Client at the earliest opportunity of such changes. AYU cannot under any circumstances accept any responsibility for any expenses or costs the Client may incur as a result of a change which its beyond its reasonable control.
8.  Complaints. 
   1. If the Client has a complaint regarding hospital/hotel services the relevant supplier (e.g. the hotelier) should be informed immediately or as soon as possible (in any event no later than 24 hours) of the occurrence of the event giving rise to the complaint. If the supplier cannot resolve the complaint AYU must be informed in writing within forty-eight (48) hours with the original booking reference and all relevant information.
   2. The Patient/Client acknowledges that problems can only be resolved if AYU and service providers are made aware immediately as and when they occur. AYU regrets that it cannot accept liability in relation to any complaint or claim which is not notified in accordance with this clause.
   3. Any disputes arising between AYU and the client in respect of any complaints remaining unresolved for more than thirty (30) days shall be referred to the exclusive jurisdiction of the Courts of Sri Lanka.

1. AYU’s liability 
   1. AYU’s maximum liability in all cases shall not exceed the sum paid for the particular services concerned by the Client (excluding insurance policies and amendment charges) .
2. Clients Responsibility 
   1. The Client is responsible for consequences of illness and/or accidents and must pay possible expenses to doctors, hospitals, ambulances and special transports. It is his/her responsibility to have adequate medical insurance for such eventualities.
   2. AYU also recommends that Clients obtain Medical Insurance and travel insurance [AC1] with full cancellation cover.
   3. Clients shall be responsible for ensuring that all visa, immigration and health requirements are fulfilled.
   4. The Client acknowledges that AYU engages in the facilitation of medical treatment, wellness and facilitate a plethora of services that embrace medical tourism and wellness services. As facilitator, we provide a list of hospitals in Sri Lanka that are registered in accordance with laws of Sri Lanka and have internationally recognized accreditation. As an inbound tourism provider, we are not qualified to provide/recommend medical services but can satisfy Client’s requirements as regards logistics, support, travel and accommodation. We facilitate contact with the listed medical service providers and can obtain information about various services and facilities from medical service providers based on the individual needs of the Client.  All medical advice, recommendations of specific doctor, consultant, service, procedure, tests, diagnostic practices and products are at the Client’s risk as AYU has no expertise in this regard.  The Client is responsible for the selection of any medical service and any related risks thereto. We provide this information for facilitation purposes only.
   5. When obtaining medical services through AYU, the Client acknowledges AYU’s role, solely as facilitator. The Client having examined all relevant information regarding the medical service and having satisfied itself of the information provided is responsible for the selection of the medical service provider.  The Client is responsible for all obtaining medical services, treatment, opinions, advice and follow ups from the medical service provider.  The Client further acknowledges that AYU cannot be responsible for any instance of delay, default, negligence, improper service or failure in medical services by the selected medical service provider.   This includes any accident, deficiency, sickness, injury, damage, discomfort or any other loss that arises out of faulty service or negligence of consultants, doctors, surgeons, management or medical staff of the medical services providers.  The Client is responsible for obtaining his/her own medical insurance arrangements to cover the risks of obtaining the medical services.
   6. The Client is responsible for the accuracy and completeness of information provided in obtaining medical services.  All information regarding the Client’s medical condition should ideally be provided directly to the medical service provider.  At the request of the Client, AYU may forward any Client information to a medical service provider selected by the Client, but solely at the Clients own risk.  The Client acknowledges that services provided in Sri Lanka are governed by the laws of Sri Lanka which will also govern the privacy and confidentiality of client information provided either directly or through AYU.  In particular the Client specifically confirms and acknowledges the following;

1. That all information and data provided is accurate and valid
2. He/she will be providing us with their personal data and hereby expressly consent to the use of such data for the purpose of facilitating the medical services booked as well as other services of AYU that have been booked. This includes the express permission to share such personal data with service providers and agents, whose services have been contracted by AYU on behalf of the Client for the provision of services (including but not limited to accommodation and transportation).
3. AYU may retain such data/information in our database (for a period up to 10 years) in order to ensure compliance with the regulatory requirements as well as to assist the Client with the services he/she requires or to promote any other services of AYU or any associate companies. The Client expressly consents to the same and hereby waives any liability on the part of AYU in this regard.

1. The Client further acknowledges that the medical services offered will be subject to the terms and conditions of the medical service provider.  The Client acknowledges that they are solely responsible for reading and understanding the terms and conditions of the treatments and procedures as described in the registration forms/brochures provided by the treating medical service providers before giving their consent. It is recommended that the Client clarifies all questions and doubts he/she may have before making the booking for such medical services from the medical service provider.  AYU is pleased to facilitate any such queries.
2. Clients hereby expressly confirms that  all services are obtained and utilised by the Client at his/her  sole risk and that AYU shall not be responsible for any loss, damage or injury to the Client in this regard save in the event such damage, injury is  caused by the willful negligence of AYU.
3. The Clients take responsibility for their own behaviour and will reimburse AYU or its suppliers any damage caused by negligent or reckless behaviour by the Client or due to circumstances within the Clients control.
4. Support Companies Worldwide 
   1. AYU is supported by certain affiliated companies who provide certain support services to AYU, including in some instances, limited customer care support (“Support Companies”). These Support Companies do not provide an online reservations service and they do not own, control, host, manage or maintain the AYU website (or any other website). AYU is domiciled only at its registered office in Sri Lanka and not at the offices of any Support Company around the world. The Support Companies are not authorized to act as AYU’s process or service agents, and customers will also not be able to make a reservation in or through any of these offices.
5. General
   The content in this Site may be used for lawful purposes only. Unless otherwise stated herein:

1. Permission is given to view, print, and use the content in this Site only for personal, noncommercial use, provided that no copyright, service trademark, or other proprietary notices which accompany any such content are copied, reproduced, deleted, altered or changed;
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3. Use of the content in this Site for any other purpose violates AYU intellectual property rights; and
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