Cancellation, Rescheduling, and Refund Policy
This document constitutes an Adhesion Contract, whose registration and content comply with the Federal Consumer Protection Law (LFPC), which governs the relationship between the PROVIDER (elaen Plastic Surgery and Hair Transplant center / Dr. Alejandro Enríquez de Rivera Campero) and the PATIENT (Consumer). The PATIENT, by making the deposit, acknowledges having read, understood, and accepted this policy as a conditio sine qua non for the scheduling of their procedure, obligating themselves to its fulfillment.
FIRST CLAUSE: Regarding the Reservation Deposit and Non-Recoverable Expenses
To formalize the reservation and secure the surgical date, the PATIENT must cover a total deposit of 20% of the Procedure’s Total Cost.
- Total Required Deposit:
- 20% of the Total Cost.
- File Opening and Slot Reservation Expenses (G.A.A.E.) – Non-Refundable Portion:
- A portion of this deposit, equivalent to 5% of the Total Procedure Cost, will be designated as G.A.A.E. This percentage will increase according to the proximity of the surgical date, as detailed in the Second Clause.
- Advance Payment on Account (Initial Remaining 15%)
- The remaining 15% of the initial deposit will be considered an Advance Payment on Account of the Procedure, and will be the portion eligible for refund or retention within the periods established in the Second Clause.
Justification for Non-Refund of G.A.A.E.: The G.A.A.E. covers fixed, immediately incurred, and non-recoverable costs (analysis, file integration, consultancy, initial date blocking, opportunity cost). The applicable G.A.A.E. percentage (5%, 10%, or 20%) is the NON-REFUNDABLE base amount retained in case of cancellation, save for the provisions in the Third Clause.
SECOND CLAUSE: Strict Policy for Voluntary Cancellation and Retention
Should the PATIENT request the cancellation of the procedure for any reason other than the Medical Force Majeure of the Third Clause, the PROVIDER will apply a justified contractual penalty (Retention) on the Total Procedure Cost, using the G.A.A.E. as a base.
| Cancellation Timing | Retention Applied (Contractual Penalty) | Refund Status |
|---|---|---|
| More than 60 calendar days in advance | 5% of the Total Procedure Cost (G.A.A.E. Minimum) | The excess paid over the 5% minimum will be reimbursed. |
| Between 16 and 59 calendar days in advance | 10% of the Total Cost (100% of the justified G.A.A.E.) | The PATIENT loses the 10% retention. The remaining 10% of the deposit will be returned. |
| 15 calendar days or less in advance (Including the day of the procedure) | 100% of the Reservation Deposit (Equivalent to 20% of the Total Procedure Cost) | NO REFUND APPLIES, unless the Third Clause applies (Medical Force Majeure). |
THIRD CLAUSE: Cancellation Due to Medical Force Majeure (Sole Exception)
The only cause that could attenuate the retention of 100% of the paid funds (applicable only to cancellations 15 days or less in advance) is Medical Force Majeure.
A. Definition of Valid Medical Force Majeure:
Understood as a serious, sudden, and unforeseen medical condition (not pre-existing or known) that compromises the life or physical integrity of the PATIENT or that permanently or for a period exceeding six (6) months disables them from undergoing elective surgery.
B. Requirements for Proof (Rigorous Burden of Proof):
The PATIENT must present, irrefutably and at their cost, the following documents within three (3) business days following the cancellation:
- Certified External Medical Expert Opinion: Original document issued by a Medical Specialist external and unaffiliated with the PROVIDER’s team, duly Certified by the Board of their Specialty.
- Content of the Opinion: Must explicitly certify (under oath) that the diagnosis is unforeseen and that the medical condition makes the patient absolutely unfit for elective surgery for a period exceeding six (6) months.
- Tangible Evidence: Attach the original laboratory, imaging, or pathology results that objectively substantiate the serious diagnosis.
C. Application of the Exception:
If the Medical Force Majeure is accredited, the PROVIDER will retain 5% (G.A.A.E.) and the remaining 15% will be reimbursed under the timeframes of the Seventh Clause.
FOURTH CLAUSE: Cancellation Due to Non-Compliance and Health Risk (100% Retention)
The PATIENT acknowledges that their safety and the success of the surgery depend on strict compliance with preoperative instructions. Concealment of information or non-compliance constitutes a serious violation of contractual good faith and a risk to life.
The PROVIDER reserves the right to immediately cancel or postpone the procedure. In these cases, the penalty will be the TOTAL RETENTION (100%) of all amounts paid, considered a Maximum Contractual Penalty for the contractual breach.
4.1. Causes for Immediate Cancellation Due to Serious Non-Compliance
The 100% retention will apply if any of the following breaches or falsehoods are detected before or on the day of the surgery:
- A. Use of Prohibited Substances or Products (Last 2 Weeks): Nicotine Products (smoking, vaping, etc.), Cannabis Derivatives, Fat Burners and Metabolic Accelerators (L-Carnitine, ephedrine, thermogenics).
- B. Use of Non-Suspended Anticoagulants and Antiplatelet Agents: Failure to suspend Warfarin, Aspirin/ASA, or Hemostatic Supplements (Fish Oil, Omegas, Ginseng, Ginger) that affect coagulation.
- C. Falsehood or Alteration of Medical Information: Providing false history, failing to present required preoperative studies, or refusal of medical protocol when laboratory results are out of range.
FIFTH CLAUSE: Transient Medical Conditions and Mandatory Rescheduling
A temporary, resolvable, or short-duration medical condition (e.g., cold, flu, mild infection, tonsillitis) is not considered Medical Force Majeure.
- Mandatory Rescheduling:
- The procedure will be obligatorily rescheduled by the PROVIDER (without a Logistics Reassignment Charge) as soon as the medical team deems the PATIENT fit (maximum 60 days).
- Refusal Equivalent to Voluntary Cancellation:
- If the PATIENT refuses the mandatory rescheduling or fails to appear on the new date, this action will be considered a Voluntary Cancellation, automatically applying the 100% retention of all paid amounts.
SIXTH CLAUSE: Rescheduling Policy (Voluntary Date Change)
Rescheduling surgery generates operational and logistical costs, considered a “Logistics Reassignment Charge (LRC).”
- A. First Rescheduling (Free of Charge with Advance Notice):
- Allowed once if notice is provided More than 30 calendar days in advance, subject to agenda availability.
- B. Second Rescheduling or Late Rescheduling (Mandatory Charges):
- Second Rescheduling (Regardless of Time): Applicable LRC of 300 USD.
Late Rescheduling (between 15 and 30 calendar days): Applicable LRC of 500 USD (Justified by high opportunity cost).
- C. Third Rescheduling or Critical Period (14 days or less):
- A date change requested 14 days or less in advance, or a Third Request at any time, will be treated as a Voluntary Cancellation. Penalty: Automatic application of the 100% retention.
- D. Maximum Period Note:
- Rescheduling dates are limited to a maximum period of six (6) months from the date of the original request. Failure to accept a date within this period will be considered a Voluntary Cancellation.
SEVENTH CLAUSE: Final Refund Policy and Terms
This clause details the procedure to follow only when a refund has been approved and justified.
- Strict Processing Period: The maximum period for the refund execution will be sixty (60) business days, counted from the notification of approval.
- Mandatory Deduction of Transaction Costs: The final amount will be subject to the deduction of all commissions, fees, transaction expenses, and taxes generated by the original receipt of the deposit and those generated by the return. The PROVIDER commits to detailing all deducted concepts.
- Risk and Exchange Rate Fluctuation: The PATIENT assumes the entirety of the risk associated with variations in the currency exchange rate. The refund amount will be calculated based on the exchange rate in effect on the day of the effective processing of the return.
EIGHTH CLAUSE: Protection of Personal and Sensitive Data
The PROVIDER guarantees the handling and safeguarding of personal and sensitive data (clinical history, medical opinions/reports) in accordance with the Federal Law for the Protection of Personal Data Held by Private Parties (LFPDPPP) and NOM-004-SSA3-2012. The sensitive medical data required for the justification of Medical Force Majeure will be used exclusively for this purpose.
Acceptance Clauses
JURISDICTION AND COMPETENCE: For the resolution of any controversy or dispute, the PATIENT and the PROVIDER expressly submit, in the first instance, to the conciliation procedure of the Federal Consumer Protection Agency (PROFECO). Should the controversy persist, they shall submit to the jurisdiction of the competent Courts of the City of Nuevo Nayarit, Mexico, waiving any other jurisdiction.
The PATIENT declares under oath that the PROVIDER has explained the scope and severity of this policy, including the contractual penalties and the rigorous Third Clause (Force Majeure), and accepts that the retentions are proportional to the incurred expenses and logistical commitments.
