Travel India Company (operator Medical Tourism India) does not control or operate any
Treating Institution, neither does it operate or control any facility or service provided by the
Treating Institution mentioned in the Package. Travel India Company takes care in selecting all
the ingredients in the Package and has no control whatsoever in running the Treating Institution
and hence, Travel India Company cannot be made liable / responsible for any delay, default,
failure, improper services / deficiency in services provided by the Treating Institution and/or for
any injury, sickness, accident, discomfort, death, loss or damage of any kind whatsoever which
may arise due to any act of negligence, deficiency or default in services, of the management or
employees of the Treating Institution.
a) Analyze the terms of agreement. Analyze if the terms comply with the provisions of
Indian Contract Act 1872.
Answers
Answer:
Disclaimer policy of Travel India Company (Operator offering Medical Tourism in India)
Travel India Company (operator Medical Tourism India) does not control or operate any Treating Institution, neither does it operate or control any facility or service provided by the Treating Institution mentioned in the Package. Travel India Company takes care in selecting all the ingredients in the Package and has no control whatsoever in running the Treating Institution and hence, Travel India Company can not be made liable / responsible for any delay, default, failure, improper services / deficiency in services provided by the Treating Institution and/or for any injury, sickness, accident, discomfort, death, loss or damage of any kind whatsoever which may arise due to any act of negligence, deficiency or default in services, of the management or employees of the Treating Institution.
The Treating Institution shall be solely responsible for all treatment to be provided by it to the Participants / Patient, including but not limited to surgical, medical, wellness, beauty and all related queries, opinions and complications and Travel India Company shall not be responsible for the same.
Any emergency, complication or medical requirement, of whatsoever nature, arising with regard to the Participant / Patient’s treatment due to the Participant/Patient’s present or past illness or the side effects / allergy of / to drugs or lack of adequate treatment, pre, during or post treatment will be the absolute responsibility of the Treating Institution and / or the treating Doctor, as the case may be, and Travel India Company shall not be responsible for the same.
Any medical information not mentioned or withheld by the Participant / Patient or his / her relatives or not asked for due to the negligence of the Treating Institution and / or the treating Doctor will be the absolute responsibility of the Treating Institution and / or the treating Doctor, as the case may be, and Travel India Company shall not be responsible for the same.
In case the Treating Institution and / or the treating Doctor is not competent in handling a particular emergency or complication arising pre, during or post treatment of the Participant / Patient, it shall be the absolute responsibility of the Treating Institution and / or the treating Doctor, as the case may be, to refer or call upon the competent medical authority, after taking the consent of the Participant / Patient or his / her family members / relatives / escorts / friends and Travel India Company shall not be responsible for the same.