Terms & Conditions
1.1 “we”, “us” ,our, or “ The Company” means Harley Street Healthcare LTD
(company no. 09270782)
1.2 Patients Information” means the written information supplied by us to you
either in brochure or letter form
1.3 “Procedures” refers to the surgical procedure to be carried out by a Doctor
Surgeon
1.4 “Surgeon” means a medical practitioner qualified who will carry out the
Procedure set out in the Hair Restoration Plan and registered with an
appropriate body according to the type of procedure
1.5 “Patient or “you” means any person who has entered into a contract for a
Procedure and whose name is set out in the Hair Restoration Plan.
1.6 “Initial Aftercare Procedure” means the aftercare treatment provided to you
by the Surgeon where you are entitled to contact the Surgeon or surgical
team for up to 18 months post operatively regarding advice pertaining to
your procedure
1.7 “Cost” is Total Hair Restoration Plan Price as detailed on the quotation
overleaf
1.8 “Hair Restoration Plan” means the personal quotation plan overleaf
1.9 “Initial Consultation” the pre-operative meeting between you and Harley
Street Healthcare LTD’s representative; Patient Advocate.
1.10 “Surgical Consultation” is the point at which the Surgeon meets with you to
assess suitability for the Procedure – this may be subsequent to the Initial
Consultation
1.11 “Additional Grafts” are any extra grafts taken on the day of surgery in excess
of the Hair Restoration Plan
2 OBLIGATIONS AND WARRANTIES
2.1 Surgeons are registered with the General Medical Council and are obliged to
maintain full Private Practice Medical Indemnity Insurance with the Medical
Defence Union, the Medical Protection Society or other appropriate insurers
2.2 All Surgeons are self-employed and make their own clinical decisions at all
times. The patient warrants that having read and understood these Terms
and Conditions that no cause of action in negligence will accrue against
Harley Street Healthcare LTD for any procedure carried out by the Surgeon.
The patient further warrants that he or she fully understands the range of
possible outcomes of the proposed surgical procedure
3 PATIENT’S OBLIGATIONS
3.1 The Contract is conditional upon the acceptance of the Patient by the Surgeon
based upon information given by the Patient during the Initial Consultation
and subsequent Surgical Consultation. The decision to carry out surgery shall
be at the discretion of the Surgeon and Harley Street Healthcare LTD.
3.2 Treatment will only be given where payment has been taken as agreed with
the Patient Advocate and a clear payment plan has been detailed and agreed
by both the Patient and the Patient Advocate.
3.3 Payment for any additional grafts agreed on the day of surgery must be made
prior to surgery taking place.
3.4 The Patient acknowledges that the Patient Advocate is not a doctor or
surgeon. Any advice that the Patient Advocate may give is purely of a
general non-medical nature. If the Patient has any medical queries then this
should be raised with the Surgeon at the Surgical Consultation
3.5 The Patient agrees to provide the Surgeon and clinical staff with a health
history that is honest, accurate, reliable and complete. The Patient understands
that withholding any medical information could be detrimental to his or her
health and safety and may result in cancellation of the procedure with no
refund. The Patient agrees that if any change occurs in his or her medical
history or status to inform Harley Street Healthcare LTD without delay and
to, at all times, keep Harley Street Healthcare LTD informed
3.6 The minimum age for any consultation or surgical procedure is 18 years of
age
4. GENERAL OBLIGATIONS 4.1 Harley Street Healthcare LTD reserves the right to alter the Patient’s
admission date and/or outpatient appointments although such changes will
be avoided wherever possible. The Patient agrees that no consequential loss
will be payable for the such cancellation on any procedure/appointment
4.2 Patient agrees that in signing this Contract that he/she has understood the
terms and has been given an opportunity to seek explanation. The Surgical
Consultation prior to the procedure which will normally takes place between
you and your Surgeon on the day of the procedure (however upon your
request to your Patient Advocate can be earlier) is designed to ensure that you
and your Surgeon are fully agreed as to the procedure that has been planned
before your operation and that you understand all the potential risks and
benefits. You must sign this form as well as any consent form before surgery
commences. The patient accepts that Harley Street Healthcare LTD is not
liable for the outcome of the hair restoration procedure.
4.3 You will be required to sign a Medical Consent Form prior to surgery which
will be provided to you by your Surgeon
4.4 In the interest of patient safety and welfare, we reserve the right to cancel or
postpone your procedure
4.5 Our role is limited to providing arrangement and co-ordinating services
between you and the Surgeon for the purpose of the medical services
provided to you by the Surgeon
4.7 You should seek advice from your General Practitioner when considering and
before deciding upon any surgery and you should undergo any appropriate
health checks and tests before you decide upon such surgery
4.8 Surgery of any kind carried risks. The risks include medical complications
during the operation or afterwards, the risk that the surgery may not be
successful and the risk that you might not be satisfied with the result. You
should make sure that you discuss with your GP the risk that you might not
be satisfied with the result. You should make sure that you discuss with
your GP the risks of and your expectations from the surgery.
4.9 You warrant that the answers provided by you are complete, correct and up-
to-date. You also warrant that your health is such that you are fit to travel and
to undergo surgery. You also warrant that you will disclose all information
relating to your health, whether physical or psychiatric / psychological, which
may be relevant to the provision of the medical services envisaged. We rely
on you to provide all relevant health information, and rely on such
information being complete, accurate and up to date. We accept no
responsibility for any injury, loss or damage, howsoever cause, if such injury,
loss or damage is cause in whole or in part by any failure on your part to
provide complete, accurate and up-to-date information as to your health.
4.10
4.11
You should take time to consider any decision you may make following any
consultation as suggested below or any of your queries being answered by
the Surgeon. We suggest a consideration period of at least 14 days before
making a decision as advised by the Royal College of Surgeons. Intellectual Property Rights:
(a) In this clause 4.11“Intellectual Property Rights” means
copyright, patents, rights in inventions, rights in confidential information,
know-how, trade secrets, trade marks, service marks, trade names, design
rights, rights in get-up, database rights, rights in data, utility models, domain
names, rights in computer software and all similar rights of whatever nature
and, in each case: (i) whether registered or not, (ii) including any
applications to protect or register such rights, (iii) including all renewals and
extensions of such rights or applications, (iv) whether vested, contingent or
future and (v) wherever existing.
(b) All Intellectual Property relating to us shall remain the property of
the party who owns it or the third party who licenses it to us. No
licence is granted in relation to our Intellectual Property
Rights unless specifically agreed to in writing. The Company
reserves the right to take legal action to protect its position.
(c) Defamation and Opinions:
You agree that any comments, suggestions, feedback or other content relating
to The Company whether verbal, written, online or offline (“contribution”)
will be lawfully made. In particular, you agree that any Contribution will:
(i) not be in contempt of court;
(ii) (ii) not be harmful, threatening, harassing or offensive;
(iii) (iii) not be discriminatory;
(iv) (iv) not have any fraudulent purpose (including, but not limited to,
impersonating any other person or not being entirely truthful
to us when you register as a patient);
(d) not be defamatory, derogatory or offensive.
(e) not harm or be calculated to harm our reputation in any way
If you breach any of the terms mentioned in this clause 4.11You agree to
fully indemnify The Company in respect of its costs of taking any legal
action, or any steps to enforce its Intellectual Property Rights or taking any
other steps (including but not limited commencing legal proceedings) to
enforce our rights under this clause 4.11. The Company reserves the right to
commence legal action to ensure the protection of its reputation online or
offline pursuant to this clause 4.11.
5. RESCHEDULING/CANCELLATIONS 5.1 Rescheduling – if you need to reschedule your surgery date, an
administrative fee will apply as follows:
• Less then 7 Days Notice: £1,000 rescheduling fee
This policy does not effect the 7 day period of reflection (section 5.2)
5.2 Cancellations of bookings – For up to 7 days following signing this
agreement, should you wish to cancel your procedure, the deposit and any
monies paid for your procedure are fully refundable (minus bank charges),
with the provision that the Company has been notified by recorded or
guaranteed post to Harley St Healthcare, 285-287 Grays Inn Road WC1X8QF.
We reserve the right to retain some if not all of your initial deposit to cover
any irrecoverable costs incurred should you cancel 14 days following the
signing this agreement. Our Cancellation policy after the 14-day period is as
follows:
• Cancellations made over 2 weeks prior to surgery date – 25 % of
total cost
• Cancellation made 8-14 days prior to date of surgery – 50% of
total cost
• Cancellations made 7 days or less prior to and including date of
surgery – 100% of the total cost
5.3 Cancellations for medical reasons –
• Cancellation necessary due to previously unknown medical
conditions will be rescheduled where possible. If after reasonable
consideration the indicated medical condition prevents
rescheduling of the procedure, then refund of the monies paid
will be given in full to the patient
• Cancellations due to pre existing medical conditions which were
know by the Patient but undisclosed prior to booking the
Procedure will be refunded in line with section 5.2 of this
contract
• If the procedure is abandoned intra-operative due to unforeseen
medical conditions, we will retain sufficient monies to cover the
costs incurred by the Company as reasonably deemed fit and in
accordance with the conditions detailed at 3.1 and 4.4
6 COMPLAINTS /READMISSION 6.1 The complaints procedure is available on request. If you have a complaint
regarding any aspects of your treatment we recommend that you discuss this
with your Patient Advocate in the first instance
6.2 Aftercare – The initial aftercare period will include standard post surgical
review appointments for up to 18 months after surgery. Any subsequent
treatment will be quoted and charged separately.
6.3 Readmission – Your Surgeon will aim to ensure that you receive as close to
number of Grafts proposed in this contract as practically possible, however
if for any reason you receive significantly fewer grafts than in this contract
due to a reason decided by your Surgeon on the day of your procedure (such
as but not limited to a positive cosmetic or clinical outcome) there will be
no refund offered for the difference in grafts proposed in this contract and
number you received. If your Surgeon decides that the results of the hair
transplant are acceptable and within the normal limits of surgery, then
further surgery would incur the full fee. If, however, your Surgeon agrees
that your surgery and the natural progression of hair loss, and the results
were not compromised due to negligence on the part of the patient, then we
may, in our sole discretion, consider making a contribution towards the
surgical costs. We will assess the circumstances of each patient and each
procedure separately in determining the basis on which further surgery may
be provided at any discount. We shall make the ultimate decision in
readiness and our decision is final
6.4 The complaints/readmission policy is limited to the original Hair Restoration
Plan. The patient acknowledges that final results of surgery can take 18
months. Hair loss is progressive and more native hair may be lost during this
period. Full hair restoration may require further surgeries and a staged
approach
6.5 If the Patient fails to follow the advice and guidance given (both pre and
post-operative) or to attend review appointments; or where the results of the
surgery originally provided have been affected by changes in lifestyle,
illness or the natural ageing process we will not be liable or responsible in
any way
7 CONFIDENTIALITY 7.1 Harley Street Healthcare LTD and the Patient agrees that all matters relating
to the Patient’s treatment will be kept confidential, save where Harley Street
Healthcare LTD is required to disclose such material to relevant members of
medical staff at Harley Street Healthcare LTD and/or relevant government
authorities be they regulatory or otherwise
7.2 The Patient confirms his or her consent to the disclosure of personal
information by Harley Street Healthcare LTD to Surgeons, Doctors and
Nurses and other medical or non medical staff for the purpose of discussing
Patient’s treatment
7.3 During admission, photographs will be taken for the purpose of the medical services and will be subject to the requirements of data protection and confidentiality. The Company retains all medical notes and photographs until 10 years after the patient death.
7.4. Under GDPR you protected by Data Protection laws and have additional rights granted to you by GDPR which can be found here: https://gdpr-info.eu
If you wish to remove any information we hold on yourself or require information regarding the storage and processing of your information please contact our Data Protection Officer by emailing: [email protected]
8. JURISDICTION 8.1 The laws of England and Wales shall apply to this contract and the Courts
of England and Wales shall have exclusive jurisdiction
8.2 Harley Street Healthcare LTD reserves the right to change these terms and
conditions at any time without notice. The latest Terms & Conditions are
available on request from our Patient Advocates
9. LIABILITY
9.1 Harley Street Healthcare LTD’s personnel do not undertake responsibility for
or warrant in any way the medical services provided to you by the Surgeon.
Surgeons granted practicing privileges by The Company are independent self-
employed contractors and are not employees, agents or sub-contractors of The
Company. The Company will accept no vicarious liability for the acts,
omissions or defaults of a Surgeon granted practicing privileges, or for those
whose actions they have formally accepted accountability for. You
acknowledge that the Surgeon will have personal liability for any loss,
liability or costs (including legal costs) incurred by you in connection with the
provision of the Surgical Consultation, Procedures, Additional Grafts, Initial
Aftercare Procedures and all other aspects of your procedure (“Your
Treatments”) and the Surgeon will accordingly maintain in force in relation to
Your Treatments full and comprehensive policies of insurance in respect of
the provision of Your Treatments. The Company does not accept
responsibility for the acts and/or omissions of the Surgeon in relation to Your
Treatments. The Company gives notice that all arrangements for Your
Treatments are made upon the express condition that The Company shall not
be liable for any injury, damage, loss, accident, delay, or irregularity,
howsoever caused, which might occur due to the act, omission, fault or
negligence of the Surgeon in carrying out Your Treatments. To the extent
permissible by law, the Surgeon shall be liable to you for any errors,
negligence or incorrect information that may be supplied in relation to the
Surgeon’s acts and/or omissions.
9.2 The information provided to you about cosmetic surgery and related matters
is believed to be correct, and has had the approval of the Surgeon. However,
the information does not constitute a representation by us and is not
warranted by us, and you should raise all matters of importance or concern
to you with the Surgeon at your Surgical consultation.
9.3 We do not undertake responsibility for, give any representation in relation to,
or warrant in any way, the medical services provided to you by the Surgeon.
Further and in any event, and subject to s.2(1) of the Unfair Contract Terms
Act 1977: (1) we do not accept any liability for any consequential loss
howsoever caused; and (ii) any liability on our part for financial loss will be
limited to the full price of your package.
9.4 If you are dissatisfied with the results of your surgery, and contemplate
either further surgery (whether at your expense or at the expense of the
Surgeon) or legal proceedings against the Surgeon, this is a matter between
you and the Surgeon. We will in principle, but without legal obligation, be
willing to assist you with arrangement, liaison or co-ordination services, and
it is not responsible for, makes no representation in relation to, and does not
warrant, the result of any further surgery
10 FORCE MAJEURE 10.1 Neither us nor you will be liable for any failure to perform or delay in
performance of any of its or your obligations pursuant to this contract
caused by circumstances beyond the reasonable control of that party (a
Force Majeure Event).
10.2 The party relying on the Force Majeure Event shall promptly notify the other
in writing of its reasons for the delay or stoppage and its likely duration and
shall take all reasonable steps to overcome the delay or stoppage. Subject
thereto, the party’s obligation to perform will be suspended for the duration of
the Force Majeure Event and its time for compliance extended by an
equivalent period. Any costs arising from such a delay or stoppage shall be
borne by the party incurring them. If the Force Majeure Event continues for
more than 30 days consecutively, either party may terminate the contract with
immediate effect on giving written notice to the other party and neither shall
be liable to the other for such termination.
11 ENTIRE AGREEMENT
11.1 The provision set out in this contract shall constitute the complete and only
agreement and understanding between the parties relevant to the subject
matter of this agreement.
11.2 The parties each agree with the other that neither of them has been induced
to enter into this contract in reliance upon any warranty, representation,
statement, agreement or undertaking of any nature whatsoever (whether
negligently or innocently made) other than as are expressly set out in this
contract. The only remedy available to the parties for breach of the terms of
this contract shall be for breach of contract and each of the parties hereby
unconditionally and irrevocably waives any claims, rights or remedies
which it might otherwise have in relation hereto.
12 THIRD PARTY RIGHTS 12.1 It is not intended that any person apart from us and you will be entitled
under the Contracts (Rights of Third Parties) Act 1999 to rely upon or
enforce any of the terms of this contract.
13 SEVERANCE 13.1 If any term or provision of this contract shall be, become or be declared by
any court or administrative body of competent jurisdiction to be illegal,
invalid or unenforceable for any reason whatsoever, then such illegality,
invalidity or unenforceability shall not affect the other provisions of this
contract, which shall remain in full force and effect. The parties agree to
substitute for such term or provision a legal, valid or enforceable term or
provision which achieves, to the greater extent possible, the same effect as
would have been achieved by the illegal, invalid or unenforceable term or
provision.
14 NOTICES
14.1 You should take time to consider any decision you may make following any
consultation as suggested below or any of your queries being answered by the
Surgeon. We suggest a consideration period of at least 14 days before making
a decision.
14.2 Any notice, invoice or other communication which either party is required
or permitted by this contract to serve on or sent to the other party shall be
sufficiently served or sent if sent, Harley St Healthcare to its address, in the
case of you, to the address notified by you at the time of your making a
booking by hand, by registered or recorded delivery or first class post or by
facsimile transmission confirmed by registered or recorded delivery or first
class post or, in either case, by e-mail to an e-mail address notified or used
by the other party at the time of making the booking.
15 DISPUTE RESOLUTION
15.1 If any claim or dispute arises under or in connection with this contract, the
parties will attempt to settle such claim or dispute by negotiation.