www.ekolhospitals.com CREDIT CARD PAYMENT- PRIVACY AND SECURITY POLICY

As Ekol Baz Özel Sağlık Hizmetleri Ticaret Anonim Şirketi., We work hard to protect your security and privacy under the Law on the Protection of Personal Data No.6698(hereinafter referred to as "the Law" or "KVKK"). We, AS "Data Controller," process your personal within the scope of KVKK and the other relevant legal legislation with the purpose, methods, and legal reasons explained below. Our Clarification Text on Processing of Personal Data, have been prepared in order to inform you the identity of the controller and his representative, if any, the purpose of data processing, the recipients to whom the data can be transferred, and the purpose of the transfer, the methods and legal reasons of collection of personal data, other rights referred to in Article 11 under Article 10 of the Law. Explanations made for "Personal Data" in this policy also include your "Sensitive Personal Data". Collection Method of Your Personal Data. We automatically collect and store your personal data verbally, in writing, or electronically, through our Firm's other departments, our website, social media channels call center, mobile applications, and similar platforms. Your personal data can be created and updated as long as your relationship with the Company continues and can be processed and kept with protection under both digital and physical environments. Your personal data can be processed and transferred for specified purposes in articles 5 and 6 of Law No.6698. The procedures and principles for the processing of personal data. Your Personal Data is processed securely according to the Law to provide you a more appropriate service in the Firm's business and transactions or to comply with legal obligations. In this context, the data mentioned below are collected as personal data;

Communication Data: It is the data group that can be used to reach the person (Phone, Address, e-mail, IP address).

Identity Data: It is the data group that contains information about the person's identity (Name and Surname, Turkish ID Number, mother's name, father's name, place of birth, date of birth, gender).

Visual / Audio Data: It is a data group containing the person's visual and auditory data (photograph, sound recording).

Digital Trace Data: It is a data group (Log) containing digital traces formed due to the processing of personal information.

Your personal data will be processed within the scope and measures specified in Articles 5 and 6 of Law No.6698.-In order To be able to carry out the necessary work by our relevant business units for our Company and / or the Headquarters and units affiliated to our Company to benefit from the products and services, -To fulfill the legal and regulatory requirements that may / may arise from all relevant laws and secondary regulations and to take the necessary measures in this context, Authorized public institutions and -To carry out the supervision and / or regulation duties to be carried out by the institutions and professional organizations that are public institutions, -to fulfill the information and document requests requested by the judicial bodies and / or the administrative authorities, -To list and report the use of the products and services offered in our Company and all the centers and units affiliated with the Company, -to conduct verification analysis studies, to produce statistical and scientific information on this issue, -to improve our products and services accordingly, -to increase satisfaction with our products and services and to make customizations for the user in this context, To be able to make market research, promotion and necessary information regarding our services, to be able to evaluate complaints and suggestions and to contact you directly through the communication channels shared with the Company, To carry out risk management and quality improvement activities, -To provide all necessary technical and administrative services for systems and applications within the scope of data security. SHARING OF PERSONAL DATA WITH THIRD PARTIES. Your Processed Personal Data Can Be Transferred to, by ensuring that all necessary technical and administrative measures are taken to ensure the appropriate security level in accordance with the KVKK and the relevant health legislation. Your Personal Data can be transferred to; - Persons/institutions and/or organizations permitted by other relevant legislative provisions; -Private insurance companies, banks, funds, foundations; - Our direct/indirect domestic/foreign shareholders, - our affiliates and/or our affiliates; -Our group companies; -controllers; - consultants; -work partners; relevant parties (Customers, Suppliers, Employees, etc.) within the framework of the personal data processing conditions and purposes specified in Articles 8 and 9 of the KVKK Law. Data Processing Time and Storage Time. Your personal data, limited to the purposes specified in this Clarification Text, will be processed under the data processing and limitation periods specified in all relevant laws and other legal regulations to which our Company and its headquarters and units affiliated with our Company are subject. In case of changes in the laws regarding data processing times, the new terms will be taken as the basis. Your personal data is processed for a limited period that requires the fulfillment of the purposes described in this Clarification Text and, in any case, in accordance with the practices of the Company and the traditions of commercial life, as a requirement of the principle of limitation for purpose. After the expiration of the period, they are deleted, destroyed, or anonymized. Rights of Data SubjectPursuant to Article 11 of the Law, by applying to the data controller data subject is entitled to : • Learn whether or not personal data is being processed,• Request further information about processing if personal data relating to him is being processed,• Learn the purpose of the processing of personal data and whether personal data is being used consistently with the purpose,• Know the third parties in the country or abroad to whom personal data is transferred,• Request rectification of personal data if processed incompletely or inaccurately,• Request erasure or destruction of personal data,• Request notification of the rectification, erasure or destruction to the third parties to whom personal data has been transferred,• Object to the processing, exclusively by automatic means of his personal data, which leads to an unfavorable consequence for the data subject,• Request compensation for the damage arising from the unlawful processing of his personal data. You can submit your applications regarding your rights listed above to our Company by filling in the Data Owner Application Form of Ekol Baz Özel Sağlık Hizmeti Ticaret Anonim Şirketi, which you can access at www.ekolhospitals.com.  Your application will be finalized free of charge as soon as possible and within thirty days at the latest, depending on the nature of your request; however, if the transaction requires a separate cost, you may be charged by you according to the tariff to be determined by the Personal Data Protection Board.

Related person; After completing the personal data application and response form on www.ekolhospitals.com or after preparing a duly signed petition, a wet signed copy must be delivered in person or via registered mail or by posting to "8019/16 SOK. NO: 4 Çiğli / İzmir". Also, After sending the personal data response form at www.ekolhospitals.com and signing with the "secure electronic signature" within the scope of Electronic Signature Law No: 5070, the secure electronic signature can be sent to [email protected] by registered electronic mail, secure electronic signature, mobile signature or by the person concerned Ekol Baz Özel Sağlık Hizmetleri Ticaret Anonim Şirketi. For the application mentioned above to be accepted as a valid application, in accordance with the Communiqué on Application Procedures to the Data Controller, the information below must be specified: the relevant person's;a) Name, surname, and signature, if the application is in writing,b) For the citizens of the Republic of Turkey T. C. identification number, nationality for foreigners, passport number or identification number, if any, c) Place of residence or workplace address for notification, D) E-mail address, telephone and fax number for notification, if any, E) The subject of the request must indicate its information. Otherwise, the application will not be considered as a valid application. In the applications to be made without filling the application form, the matters listed here are must be forwarded to the address below.  For third parties to apply on behalf of the concerned persons whose personal data is processed, a special power of attorney issued by the relevant person through a notary public must be available on behalf of the applicant.

CONTACT INFORMATION

Our Data Controler Title :  Ekol Baz Özel Sağlık Hizmetleri Ticaret Anonim Şirketi

Address: 8019/16 SOK. NO: 4 Çiğli / İzmir

Tel:+90(0232) 386 55 05

Terms & Conditions

By using our website or services, you agree to our Terms and Conditions and Privacy Policy. You further agree that you are at least 18 years of age and are not otherwise prevented from entering into a binding legal agreement.

These Booking Terms and Conditions, together with our Privacy Policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your booking through Ekol.

Ekol is not a medical service provider and not a travel agent and does not provide any advice or opinion of a medical nature (including with respect to any likely results, risks, or side effects). Instead, the purpose of Ekol is to create an avenue for potential clients to view and obtain information about specific medical services that is provided in Turkey, arrange airfare and hotel reservations & transportation assistance in Turkey, and assist in connecting clients to doctors that clients have selected by scheduling appointments and facilitating transport to arranged medical facility in Turkey.

Ekol aims to provide information about Medical Tourism to its clients based on internet research, personal experience, and other sources. Our employees and website provide clients and potential clients the opportunity to compare and research medical procedures, advice, treatment, diagnosis, and cost to make decisions about the care they may choose to receive in Turkey. Ekol and its employees are not medical professionals and do not attempt to provide professional medical advice about any medical procedures and treatments. All medical services rendered are the responsibility of the medical service facility that provides the services, and are governed solely by the terms and conditions of the medical facilities you may enter.

Although we attempt to provide accurate information, your use of any information about medical, dental, cosmetic, non- invasive or any other procedures provided by Ekol or its affiliates verbally, electronically, or through our website is solely at your own risk. Ekol makes no representations regarding the completeness or correctness of the information presented and shall not have any liability or responsibility for any incorrect, incomplete or out of date information that may be provided. All site visitors assume the inherent risks involved with any medical procedures.

Prices provided on our website are considered to be estimates based on up-to-date research gathered from various sources. When viewing our pricing guide, you acknowledge that these prices are subject to significant differences based on a variety of factors. Every medical case is unique and may require additional services to be determined by the medical facility administrators and doctors involved. Ekol will not be held liable for any additional medical costs associated with additional services rendered under any circumstances.

Ekol facilitates the connection of patient to doctor and hospital in Turkey. We do not attempt to provide professional medical advice. All information we provide does not substitute for medical advice provided by a medical professional. Medical professionals may make changes at any moment in order to protect the patient from harm. We are not responsible for any changes or alterations in medical treatment made by medical professionals.

1. DEFINITIONS AND INTERPRETATION

In this Agreement, unless the context clearly indicates otherwise, the following expressions and words have the meanings assigned to them:

1.1 “Agreement” means this Agreement.

1.2 ‘’Ancillary Cost’’ means that any other costs payable by you in addition to the Fees;

1.3 “Terms and Conditions” means these Terms and Conditions.

1.4 “Candidate” means a person nominated for assessment by the Client.

1.5 “Client” means any person to which the Services are provided under this Agreement.

1.6 “Confidential Information” means any information relating to a party that is designated as, or would reasonably be considered to be, confidential in nature.

1.7 ‘’Force Majeure Event’’ means an event beyond the control of Ekol and the client, which prevents a Party from complying with any of its obligations under this Contract, including but not limited to:

1.7.1 act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);

1.7.2 war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;

1.7.3 rebellion, revolution, insurrection, or military or usurped power, or civil war;

1.7.4 contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
1.7.5 riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or

1.7.6 acts or threats of terrorism.

1.8 ‘’Fees’’ means the the charges which are payable by you to us for the Package, in accordance with clause 4 (details of which are set out in the Booking confirmation email);

1.9 “Surgeon” means the surgeon whom you have chosen to perform your surgery and provide you with aftercare.

1.10 “Travel Package” means accommodation and travel arrangements are provided by us.

1.11 “Procedure” means the medical treatment(s) or surgery as agreed with the Surgeon.

1.12 “Consultation” means face-to-face or online communication before your trip to Turkey with the patient co-ordinator and the Surgeon and the face-to-face consultation with the Surgeon in Turkey before your surgery.

1.14 ‘’Medical Tourism’’ means the people traveling abroad to obtain medical treatment.

1.16 “Services” means VIP transportation, personal assistance, follow-up after the surgery that is stated in Clause 2.

1.17 ‘’Statutory Rights’’ means client’s legal rights that is stated in Consumer Rights Act 2015.

1.18 ‘’Personal Information’’ shall be defined as in GDPR and in accordance with any other applicable data protection legislation.

2. TRAVEL PACKAGE

We understand that travelling to a different country for surgery can be overwhelming.

With this in mind, we provide all your arrangement or booking for treatment packages to ensure that your stay in Turkey is as comfortable as possible.

The Services offered to you are included in your Package, depending on the package type that you purchased with your relevant sales representative.

3. PASSPORT, VISA AND HEALTH REQUIREMENTS

3.1 Please carefully note the following:

3.1.1 You must ensure that your passport is valid for at least 6 (six) months after the proposed Departure Date;

3.1.2 You must apply for any necessary visa in good time;

3.1.3 It is your responsibility to obtain a visa for entry into Turkey. You can obtain a visa upon arrival in Turkey, or alternatively obtain an e-visa online prior to departure. Please refer to the following website for further details: [https://www.evisa.gov.tr/en/];

3.1.4 In the event that you are not accepted into Turkey, or in the event of deportation, the cancellation provisions of these terms and conditions will apply. You accept and agree to declare in advance that any Ancillary Costs will be collected from you;

3.1.5 You must check with your doctor whether any vaccinations and/or medication is required, and allow plenty of time to obtain this. Details are also available from the National Travel Health Network and Centre http://www.nathnac.org/.

3.1.6 If you require emergency professional medical care during your Stay, we will try to obtain this and inform your travel insurers and next of kin as quickly as possible; and

3.1.7 You agree to pay us in relation to all costs incurred in providing Services that is stated in Clause 2.


4. PAYMENT

4.1 To confirm your procedure(s) and the date, you must pay an initial deposit as notified to you at the time of booking.

4.2 The deposit shall be paid prior to travel with the remainder payable at the clinic latest on the day of your surgery. You may pay the deposit via bank transfer and/or debit and credit cards. Please be aware that, your debit/credit card is open to international interactions and your daily limit for the card is enough for the remaining payment amount.

4.3. Ekol , in no circumstances holds the payment of the medical services, the hospital will be the solely responsible party of your payment. Ekol only holds the payment of air travel booking and hotel accommodation services.

5. CANCELLATIONS & DELAYS

5.1. Ekol arranges your travel and accommodation bookings to Turkey through its agents in Turkey. Travel plans may require modifications that can alter the cost of travel and hotel accommodations. Ekol will not be held responsible for cost increases associated with air travel and hotel bookings. Any and all fees associated with airline and hotel booking, rebooking, cancellations, extensions, and delays will be at the expense of the client. Travel services are provided by 3rd party airlines and / or travel agents. Clients are subject to the terms and conditions of travel agents/ airline companies and accommodation provider while during travel duration periods.

5.2. Ekol provides hotel accommodation booking services in Turkey. Ekol will not be held responsible or held liable for any changes or price increases resulting from changes to prior agreed upon travel dates and hotel booking dates. Should travel and hotel dates require changes, Ekol will attempt to make necessary accommodations on behalf of its clients. All fees and costs associated with booking and rebooking changes, extensions, cancellations, and delays are the responsibility of the clients. Clients may also be responsible for additional booking, rebooking, and cancellation fees from Ekol.

5.3. Ekol does not own or operate any of the hotel facilities it mentions on its website. Ekol recommends suppose hotel and its facilities to its clients based on limited cooperation between the separate entities. Ekol and its employees are not responsible or liable for any incidents involving its clients while residing at any of the hotel facilities mentioned on its website. Clients enter these facilities at their own risk.

5.4. The deposit is non-refundable under any circumstances.

5.5. All services and are non-refundable. Payments referred to herein shall not be refundable under any circumstances, including but not limited to the termination of the scheduled travel for whatever reason.

5.6 If, for any reason, you do not present yourself on time and in a state that the consultation, procedure or surgery can be performed, your appointment will be cancelled, and we will not be able to give you re-compensation. Re-scheduling will take place. If you do not turn up for your dight or surgery at all your medical care will be assumed cancelled without notice and cancellation fees will be applicable equal to the full amount already paid.

6. SERVICES

6.1. Ekol does not engage in providing medical advice in any form. Ekol is not a medical professional and do not provide opinion, procedures, tests, diagnosis or treatment. Ekol provides information about the hospital, doctors and medical travel related services, in order for you to make informed decisions. Intermediary activity of any medical services or treatment is based and realized solely on a basis of information provided by the client.

6.2. The contents of this website, such as text, images, photos, videos, brochures, and any information obtained from our partners are solely for informational purposes only. In no way, the content is intended to be a substitute for professional medical advice.

6.3. You agree to assume all responsibility in connection with choosing any medical services provider (doctor) for your desired procedure. We assume no responsibility or liability for any treatment or other services rendered by any medical services provider (doctor), or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.

7. ACCURACY

7.1. We endeavour to ensure that all the information our website and, in any proposals, and budgets are accurate, however, occasionally changes and errors occur, and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.

8. SPECIAL REQUEST

8.1. Any special requests must be advised to us at the time of booking and made in writing. We will try to arrange for such special requests to be met or, will relay those requests to the Medical Care Provider but neither we nor the Medical Care Provider can guarantee that they will be met.

8.2. Confirmation that a special request has been noted or passed onto the Medical Care Provider or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed all special requests are subject to availability and cannot be guaranteed.

8.3. We do not accept bookings that are conditional upon any special request being met.

9. INSURANCE

9.1. It is important that you have sufficient insurance in place to cover you during your stay in Turkey. It is a condition of your booking that you have such suitable insurance cover in place. Please ensure that you have a valid travel insurance policy in place from the time of booking.

9.2. If you suffer from any disability or medical condition you should disclose this to your insurer. We cannot be held responsible if you purchase an inadequate insurance policy or if you fail to notify your insurance company of any factors acting your particular requirements for cover.

10. OUR LIABILITY TO YOU

10.1. Our role is to act as a third-party intermediary (representative) between the Medical Care Provider and yourself; we will always endeavour to work in your best interests as part of this process. The quote that we will supply will include the procedure that you and the provider have agreed upon. All procedures should be thoroughly understood and if there is any aspect that you do not understand please seek clarification.

10.2 The contract comes into existence with the acceptance of the Travel Package presented to you and completion of the deposit payment. Thereafter we are responsible to assist you to the extent of dispensation of package and delivery of the facilitation services, as set out in your package.

11. LIMITATION OF LIABILITY

11.1 Your treatment is a contract between you and your hospital and/or surgeon undertaking the treatment. By accepting these Terms and Conditions, you agree not to hold Ekol liable for medical negligence or malpractice by your chosen service provider.

11.2 We hold no medical qualifications and are neither responsible nor liable for any medical procedures. We assist you to arrive at an informed decision by meeting or, at least, interacting with the surgeon by phone/video conference. We are not liable for the work of the surgeon. This will be governed by the hospital regulations and documentation provided to you. These aspects will invariably be governed by the terms and conditions of your treatment contract with the hospital/clinic and surgeon.

11.3 We do not accept any responsibility in the unlikely event that the surgeon feels you are not fit enough to undergo surgery and have to return without surgery. You will be entitled to a refund of any unspent balance of your treatment cost after deductions on account of tests, consultations, etc.

11.4 The medical procedure(s) agreed by you and the surgeon are based on the information and pictures provided by you prior to your travel to Turkey. In the event that during your physical examination the treatment plan must be altered, then you can choose to decline or proceed with the new plan.

11.5 If you choose to proceed with the new treatment plan, then you will receive a revised price quote, and the remaining balance will be adjusted based on the initial deposit paid. Should the duration of your stay change as a result of your new treatment plan, Ekol will not be responsible for associated costs incurred as a result of this change.

11.6 All surgical operations and medical procedures, whichever country they take place in, have a risk attached to them and in the case of plastic surgery, hair transplants and cosmetic dentistry there may be dissatisfaction with the final outcome. We will not be held responsible for medical procedure disputes. Our liability is limited to a duty of care in our capacity as a third-party intermediary.

11.7 We do not operate or control the services offered by accommodation, travel or transfer companies. By accepting this agreement, you agree that use of third-party providers is without warranties of any kind by us. Under no circumstances are we liable for any damages arising from the transactions between you and third-party accommodation, travel or transfer providers. We advise you to obtain and read all of the third-party provider’s terms and conditions before acquiring booking from us.

12. INDEMNITY

12.1. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.

13. DISCLAIMERS

13.1 EKOL PROVIDES THIS SITE FOR INFORMATION PURPOSES ONLY. WE STRIVE TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION POSSIBLE, THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE.

13.2 EKOL ASSUMES NO RESPONSIBILTY NOR DO WE GRANT ANY WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PROCEDURE OPERATION, SAFETY, CONDITION OR SERVICE OF ANY HEALTH CARE PROVIDER. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH VENDOR OR FOR ANY PERSONAL INJURIES, DEATH, OR OTHER DAMAGES OR EXPENSES RESULTING FROM SUCH SERVICES.

14. CHANGES OF THE TERMS AND CONDITIONS

14.1. If we have to cancel or change your booking, we will contact you to discuss this and you can choose to rearrange your procedure with the Medical Care Provider (and pay the difference of fare or receive a refund, as the case may be) or cancel your booking and get a refund. However, we will not pay compensation in these circumstances and are not responsible for any losses or expenses you suffer as a result of circumstances beyond our control.

15. AFTERCARE & REMEDIAL CARE

15.1 Your Surgeon and Medical Care Provider will give you aftercare instructions and advice. Should you not follow these and there are repercussions arising from your lack of care, the hospital and surgeon will not accept responsibility.

15.2 Ekol accepts no liability for the work of the surgeon or any staff engaging in your post-operative aftercare.

15.3 Should you need to return or stay for remedial care Ekol will provide reasonable support in its capacity as a Medical Provider Representative.

15.4 In the event of a dispute between you and the Medical Care Provider, this will be conducted under the laws of the country in which your operation took place unless otherwise agreed. As an intermediary we will continue to act between you and the Medical Care Provider, and assist with you with the process wherever possible.

16. PERSONAL DATA PROTECTION

16.1 Ekol shall implement and maintain a comprehensive written information security program that contains appropriate security measures to safeguard the personal information of the Client’s that Ekol receives, stores, maintains, processes or otherwise accesses in connection with the provision of services hereunder.

16.2 For these purposes, “personal information” shall mean (i) an individual’s name (first initial and last name or first name and last name), address or telephone number plus (a) social security number, (b) driver’s license number, (c) identification card number, (d) debit or credit card number, (e) financial account number. Notwithstanding the foregoing “personal information” shall not include information that is lawfully obtained from publicly available information, or from federal, state or local government records lawfully made available to the general public. As used herein, “Personal Data” shall be as defined in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) or any other applicable data protection legislation.

16.3 You acknowledge and agree, and hereby expressly consent to the following: (A) in the performance of this Agreement, and the delivery of any documentation hereunder, Personal Information may be generated, disclosed to a party to this Agreement, and may be incorporated into files processed by either party or by the affiliates of either party; (B) Personal Information will be stored as long as such data is necessary for the performance of this Agreement, as well as for maintaining historical records; (C) it represents and warrants that it has all legal right and authority to disclose any Personal Information of any third party it discloses to the other party to this Agreement, and that it has obtained the necessary consents from the relevant third party data subjects to so disclose such Personal Information; (D) it has been informed of the existence of its right to request access to, removal of or restriction on the processing of its Personal Information, as well as to withdraw consent at any time; and (E) it acknowledges its right to file a complaint with the personal information supervisory authority in the relevant jurisdiction.


17. GOVERNING LAW AND JURISDICTION

17.1 These terms and conditions will be governed by and construed in accordance with England & Wales law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England & Wales.

17.2 If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

18. FORCE MAJEURE EVENTS & CANCELLATION

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").

18.2 Our performance under any Contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will endeavour to bring the Force Majeure Event to a close or to find a solution by which our obligations under any Contract between us may be performed despite the Force Majeure Event.

18.3 If in any circumstance, our performance under any Contract between us is deemed to be suspend for the period of the Force Majeure Event continues, one of our team members will contact you in an opportune timeline in which we will schedule all of your previous booked airline and accommodation bookings. Please be aware that, you may need to pay additional costs regarding the re-scheduling the bookings. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of exceeding 30 (thirty) days of delay, you are entitled to end the Contract and receive a refund for any services you have paid for but not received in accordance with these terms and conditions.

18.4 Neither Ekol nor the Client shall be considered in breach of this Contract to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an Event of Force Majeure that arises after the Contract.

18.5 The Party (the “Affected Party”) prevented from carrying out its obligations hereunder shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party.

18.6 If and to the extent that Ekol is prevented from executing the Services by the Event of Force Majeure and the client suffers a delay as a result of the Event of Force Majeure then it shall be entitled to an extension of the re-scheduling of the booked services.

18.7 The Contract Period shall be extended by a period of time equal to the period of interruption caused by an Event of Force Majeure.

19. GENERAL CLAUSES

19.1 A person who is not a party to these Terms and Conditions or any Contract between us shall have no right to enforce any term of the Terms and Conditions and/or any and/or all Contracts between us under the Contracts (Rights of Third Parties) Act 1999.

19.2. Each party must:

19.2.1 keep any Confidential Information in respect of the other party secret and confidential, except to the extent that the party is required by law;

19.2.2 take all reasonable and necessary precautions to maintain the secrecy and prevent the disclosure of any Confidential Information in respect of the other party; and,

19.2.3 subject to clause 17.3.1, not disclose Confidential Information in respect of the other party to any third party without first obtaining the written consent of the other party.

19.3 If any provision of these Terms and Conditions or any provisions of any Contract between us are found to be invalid, unlawful or unenforceable by a court to any extent, such provision will to that extent be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.

19.4 These Terms and Conditions govern the entire trading relationship between ourselves and you and will remain in force for the duration of our trading relationship.

19.5 We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

19.6 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19.7 We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.