section 75

suemck

Hi, I am going to have dental implants in Bulgaria later this month. My question is:- If I pay on my credit card even some of the cost, will I be covered by section 75 if something goes wrong. ie implants failing, or if an infection occurs and I have to return. Thank you

chanz4

doubt infection will be covered

meer53

Too many unknowns with medical procedures to say whether you would be covered. A return visit due to infection wouldn't be covered. Assume you won't be covered and make sure you have the funds available to go back if needed.

chattychappy

Agree, it would be tricky. S75 covers you for "breach of contract" or "misrepresentation". There would be implied duties of care which might be broken if they mess up. But just because the procedure is unsuccessful doesn't mean there was a such a breach. It's not like an insurance policy.

Another complication is that you are getting it done in Bulgaria. S75 does apply to foreign contracts, but given that the contract is drawn up under Bulgarian law, there could be some conflict of law issues. Some consumer protection law is EU wide, but it could be, for example, that an exclusion clause which wouldn't be lawful in the UK would stick in Bulgaria. S75 is unlikely to "upgrade" a Bulgarian contract to UK standards.

S75 is onerous on CC companies. They don't pay out easily.

So in conclusion, if there was a very clear failure - eg the use of faulty materials - and you could provide evidence of this, then S75 might help. Otherwise you're on your own.

(For S75 to apply, the "item price" must be over £100. I assume that's the case here. If there a series of treatments listed, then it's the cost of each treatment that must be over £100, not the total.)

jonesMUFCforever

Do you have travel insurance?
If so most will not cover you if you are going abroad for medical treatment.

suemck

chattychappy wrote: »

Agree, it would be tricky. S75 covers you for "breach of contract" or "misrepresentation". There would be implied duties of care which might be broken if they mess up. But just because the procedure is unsuccessful doesn't mean there was a such a breach. It's not like an insurance policy.

There is a lifetime guarantee on implants stated on the website, although not on the crowns. if the implant fails surely this would be ''breach of contract''

bigadaj

suemck wrote: »

There is a lifetime guarantee on implants stated on the website, although not on the crowns. if the implant fails surely this would be ''breach of contract''

The important thing is not a guarantee but the counterparty to that guarantee. If the company folds or changes the name there will be no way you can enforce it, also crossing borders with contracts is difficult at he best of times, different legal systems in all countries.

The guarantee may also relate to the implant itself, ie not the fitting or future problems.

Is the work and reduction in cost worthwhile, Bulgaria isn't the cutting edge of countries, have you looked at Hungary or Austria even, both are cheaper then the UK but have more of a track record, particulalrly rom Germans who simply drive across the border.

chattychappy

suemck wrote: »

There is a lifetime guarantee on implants stated on the website, although not on the crowns. if the implant fails surely this would be ''breach of contract''

The terms of that guarantee would have to be clear and look out for exclusions. You would then have to certain to get this incorporated into the documents you sign.

Who is offering the guarantee? If the dentist (merchant) is and they fold, then perhaps S75 would help. But if it's from a third party - eg a manufacturer, then I doubt S75 would. Though as bigadaj says, the manufacturer would be less likely to disappear. The real problem is simply establishing that the failure is a breach of contract rather than "just one of those things".

bigadaj wrote: »

both are cheaper then the UK but have more of a track record, particulalrly rom Germans who simply drive across the border.

Ha ha ha... Ms CC just had a load of dental treatment done at a posh dentist in Munich. Cost a fortune, but covered by insurance. Kinda didn't work out - she had to have it fixed back in her native Taiwan where the dentist was not impressed at the standard of work of the previous bloke. (Sounds like a British builder). Teeth are hardly a recent innovation in terms of evolution. It amazes me that after millions of years, nature still hasn't got it right. And a species that landed on the moon over 40 years ago seems not to be able to fix them properly. I digress!

dalesrider

suemck wrote: »

There is a lifetime guarantee on implants stated on the website, although not on the crowns. if the implant fails surely this would be ''breach of contract''

Lifetime of what?????

I would argue that if the implant has failed. Then it has reached its LIFETIME

So you need to get them to explain just what LIFETIME refers too.

pvt

bigadaj wrote: »

particulalrly from Germans who simply drive across the border.

:rotfl::rotfl:

Is that what they were up to in 1939 when they simply drove across the border into Poland? I presume heading towards Prague in their panzers and half-tracks for a spot of dental work on the cheap?

Sorry. Couldn't resist that one....

Prost
:beer:

bigadaj

pvt wrote: »

:rotfl::rotfl:

Is that what they were up to in 1939 when they simply drove across the border into Poland? I presume heading towards Prague in their panzers and half-tracks for a spot of dental work on the cheap?

Sorry. Couldn't resist that one....

Prost
:beer:

Ignoring basil fawltys advice then,

Though looking at your location you are more likely to be a follower of stan boardman, and those geeeermans!