Global Medical AG, Dorfstrasse 49, 8037 Zürich, [email protected]
(in the following referred to „Global Medical”)
Name and Surname:
(in the following referred to “Patient”)
(in the following together referred to „Parties“)
1. SUBJECT TO THE CONTRACT
The present contract settles the collaboration between the parties with regard to the supply of the service by Global Medical to the patient.
2. INTEGRAL CONTRACTUAL COMPONENTS
The contract concluded on the website (in the following referred to as “internet booking”) and the here present contract form the agreement concluded between the two parties.
In case of any contradiction between the internet booking and the here present contract, the conditions of the present contract are authoritative.
3. GENERAL CONDITIONS OF THE CONTRACT
3.1 Conclusion of Service Contract
With the execution of this present contract and the acceptance of the general terms and conditions, the patient (as a user of the website) complies with the content of this present contract. To be able to continue to use any services from Global Medical, the patient has to sign this contract.
Global Medical conducts under the websites gmcare.ch, fr, uk, co.uk, de, es, org, eu an internet platform that presents users, information about medical services and benefits that are served by different hospitals.
3.3 Services on the part of Global Medical
a. Global Medical only mediates between the patient and the hospitals. The services mentioned on the websites of Global Medical are performed by the hospitals and in accordance with their terms and conditions. The costs to be paid by the patient are carried out according to paragraph 5 of this present contract.
b. Global Medical provides the patient with an opportunity to enter his data and all substantial information that is relevant to his desired treatment (pictures, reports, etc.).
c. Global Medical forwards all data (reports, pictures, etc.) that the patient shares, to the hospitals.
d. Hospitals send thereupon a preliminary exhibit of suitability (cf. reservation of paragraph 3.6) to Global Medical. Global Medical forwards this preliminary suitability report which contains the price proposed by the hospital to the patient.
e. With this preliminary suitability report (cf. reservation of paragraph 3.6), the patient has to transfer the expectable costs to Global Medical in advance to be able to use the services and medical benefits that the hospitals offer.
f. After the patient has signed the contracts and effected the payment, Global Medical obligates itself to forward the payment to the hospital.
3.4 Patient’s Duties
a. The patient is obligated to transmit all existing reports, pictures, examinations, travel plans etc. without any misinformation or incompleteness to Global Medical and give Global Medical unrestricted rights of sharing this information with 3rd parties in order that Global Medical can forward these documents to the hospitals. In case of any false information, the patient’s treatment plan or cost may change or the operation could not be performed. In such cases, the Patient has to pay additionally to any other payments €3500 to Global Medical as compensation for its work with false information.
b. The patient is obligated to read up about Global Medical and its services. With the signature, the patient confirms to have read up, understood, and agreed with all the conditions and terms mentioned on the website gmcare.ch, fr, uk, co.uk, de, es, org, eu (i.e. privacy statements, web site usage term, risk of operations etc. ).
c. The patient is obligated to transfer a prepayment within 2 (two) days after his confirmation of the services to be able to use the service package of Global Medical. All the rest of the payments need to be done at most 10 days prior to the operation date. In some exceptional cases with the preapproval of the Global Medical the patient may as well pay just before his operation.
d. After the payment is executed, the patient shall return all signed contracts via E-Mail or Whatsapp.
e. The patient is obligated to pay for any additional services that are not included in their service package (e.g. additional test needed, additional stay in the hospital, additional operations that needs to be done during the agreed one, consequences of complications) to Global Medical or to the 3rd parties that Global Medical will mention (i.e. hospitals) before or the day of their surgery.
f. The patient shall be responsible to arrange all documents required for the journey (valid passport, visa if needed).
g. The patient shall forward his travel documents to Global Medical and inform Global Medical immediately, not later than 5 (five) days before departure, in case of any change.
h. If the patient’s current health insurances do not contain travel benefits the patient is obligated to conclude a) a travel and travel cancellation insurance and b) an insurance that covers the risk of complications (due to a medical treatment). The costs for these insurances have to be paid by the patient. Global Medical does not contract with any insurer.
i. If the dates for the examinations/treatments change on patient’s demand or the patient misses the flight or a connecting flight, any expenses resulting from this are on patient’s account.
3.5 Reservation of Amendments and Additions of Services or Service Prices on the Website
Global Medical reserves the right to actualize, modify or delete anytime all price lists, services, and packages that can be found on any of its websites. Global Medical is also authorized to change the prices (cf. paragraph 3.6) at anytime. If the patient already paid before the price change, this does not apply to the patient.
3.6 Reservation of Price Changes
The prices indicated on the websites are terms of reference for people who do not have any medical conditions and undergo the impending treatment for the first time. The hospital will issue a preliminary suitability report and calculate the expected costs for the treatment according to all information that it obtains from the patient. The preliminary suitability report sent and the cost calculated based on it serves as information and are legally not binding. Whether the patient will be treated or not and which method will be used are at the sole discretion of the responsible doctor at the hospital, after having executed all examinations.
If in the context of the local medical examination (at the hospital), it is detected that due to medical reason the planned surgery cannot be executed (or the medical service cannot be provided) or can only be executed partially or the need of making a different surgery before the planned one rises or the need of making another surgery instead of the initially planned rises, the patient may decide to cancel the operation and ask for a refund of effected payments, after deduction of the cost for the services provided by any parties (e.g. examinations, test, transfer, advise, accommodation, meals) that have already been provided, within thirty days or may choose to opt-in for a lover priced operation and/or operation package where he will get the refund of the difference between two operations and/or operation packages in thirty days or may opt-in for a higher priced operation(s) and/or operation package(s) where he will need to pay the difference between two operations and operation packages immediately before the operation. No refund can be given if the patient decides to get the planned services even partially.
Global Medical reserves the right to conduct cancellations, date changes or the change of the hospital with a similar one in case of unforeseeable circumstances. In this case, Global Medical shall not be held responsible for cancellations or changes. In such cases, the patient, however, has the right to cancel the service package without any cancellation costs (excluding any cost that already occurred i.e. travel, accommodation expenses etc.).
3.7 Other Conditions of Contract
The patient agrees explicitly with the consecutively specified contract contents:
- The patient agrees to sign a separate agreement with the hospital with which the hospital will take the responsibility of all medical interventions. The patient agrees to execute the payments to the hospital via Global Medical unless otherwise is requested by Global Medical.
- Global Medical presents the patient with several different hospitals for selection. The patient decides which hospital the patient prefers.
- The hospital provides the patient with a doctor. The patient has the right to ask to change this doctor.
- The patient notes that a possible doctor change (cf. c.) requires time and may have effects on the travel plan. If the travel plan is affected by this change, any additional expenses and charges (e.g. flight change, hotel change, or the fee of additional stay) will be on the patient’s account. Neither the hospital nor Global Medical is liable for these additional expenses and the patient is obligated to cover any additional expenses arising from this doctor change.
- All content (pictures, tables, descriptions, etc.) published on the Global Medical websites are generated according to the data provided by the hospitals. This information does not replace a local medical examination. Global Medical is particularly not obligated to verify the hospitals and/or their services.
- In case of the inability of the initially mentioned doctor to perform the operation, the patient will be provided with another equivalent doctor by the hospital. In case of incapability of the doctor is not caused by the hospital and/or if the hospital offers another equivalent replacement (for the doctor/hospital), the hospital and Global Medical are not responsible for any suites arising from the incapability of the doctor.
- The patient authorizes Global Medical and the hospital, its related parties, and service providers to take any kind of photos and videos, before, during, or after his treatment and use these materials for any medical training and marketing purposes in any medium in any country. The patient declares that he/she gave all rights (today and future rights) of these materials to Global Medical and he/she does not have and will not have any monetary or other requests for any act done with these materials.
- Global Medical accepts the payment from the patient to transfer it to the hospitals or other 3rd parties to ease the money transfer process for the patient. The patient understands and agrees to this and that making his payment to Global Medical does not make Global Medical liable in any sense for the medical services given to the patient by the hospital or the doctor.
- The patient agrees and accepts that no reimbursement in any means or ways can be done after any of the services are used regardless of their conditions or results.
- In case Global Medical is buying the flight tickets of the patient, Global Medical is responsible for the first purchase, and any further changes, cancelations etc. are in the responsibility of the patient.
- The patient agrees and understands that Global Medical will provide the utmost help in any imperfections that may occur during the service provided by the Service Providers. The patient as well agrees not to attack or criticize Global Medical or any of its employees, associate or partner publicly (review websites, social media networks, blogs, public or private forums etc.) in regard to Service Provider’s treatments and actions. As Global Medical cannot be held responsible for the services, medical treatments, and procedures provided by the Service Provider, the patient agrees not to bring any bad name to Global Medical or any of its employees or take action that negatively affects Global Medical, its reputation, services or management at any time during or subsequent to the contract period. The patient agrees to pay five timesf its treatment price to Global Medical in case of any actions against this clause.
4. COMMENCEMENT / EXPIRATION OF CONTRACT
- The here present contract will be affected after its execution or the first payment of the customer whichever is earlier. After the execution of this contract, all determinations are binding and termination only is admissible under the consecutively specified conditions (cf. below, b.):
- The prepayments done by the patient are not refundable. The surgery/medical treatment can only be canceled subject to the payment of fees. If the mandate is canceled or its extent substantially cut down before its contractual implementation, the patient shall indemnify Global Medical completely for any expenses arising from this event.
Cancellation until 30 days or more before the surgery/ medical treatment:
10% of the total price of the service package;
Cancellation 3-29 days before the surgery/ medical treatment:
30% of the total price of the service package;
Cancellation 0-2 days before the surgery/ medical treatment:
50% of the total price of the service package;
5. CONTRACT COSTS AND PAYMENT CONDITIONS
a. The patient shall pay the price indicated on his preliminary suitability report at least 10 (ten) days before the estimated treatment day to Global Medical, to be able to reclaim the service package of Global Medical (cf. above, paragraph 3.3).
b. In case of paying by installments to Global Medical directly, the patient shall pay all installments duly. Just after all installments are paid, the patient will be able to make demands on the service. If the installments are not paid duly, Global Medical may deduct already affected expenses by Global Medical from earlier installments.
c. In case the patient uses a third-party service to pay by installments, the patient is subject to the terms and conditions of these parties. On the other hand, working with another third party’s installments plans does not eliminate the financial liability of the patient towards Global Medical.
6. CAVEAT EMPTOR/ LIMITATION OF LIABILITY
6.1. Caveat Emptor
Global Medical excludes any warranty, as far as legally possible.
Global Medical is only liable for losses that arise from a grossly negligent and deliberate action that originates in connection with the services mentioned in Article 3.3.
The liability of Global Medical is – regardless of the cause in law and for any kind of default – quantitatively limited on the amount of the agreed service/ the agreed service package.
The liability provisions (according to paragraphs 1 and 2 of this determination) value for contractual, non-contractual, and quasi-contractual demands. The patient notes in particular that Global Medical is not liable for any losses caused by the hospital or any possible third parties and agrees not to hold Global Medical responsible for any negligence or malpractice of its service provider. Particularly, the patient cannot claim from Global Medical for an inadequate fulfillment of the contract by the hospital (or any other third party that provides services).
7. DATA PROTECTION/ CONFIDENTIALITY
7.1. Data Protection
The patient is obligated to use the documents provided by Global Medical in a careful way and to not use them for commercial purposes. The patient agrees that all data regarding doctors, hospitals, accommodations, etc. that are saved on Global Medical’s files belong only to Global Medical and they are confidential.
The patient agrees that all patient-related data about the health, particularly tests, reports, and pictures for service purposes may be forwarded to third parties and that this data may be used by them. Global Medical is obligated to not use this data contrary to the contract and not to the disadvantage of the patient.
The parties are obligated to keep all mutually exchanged information (including prices etc.), data, and documents (hereinafter “confidential information”) only for the purpose of service provision and to keep them strictly confidential. In case of doubt, any exchanged information is valued as confidential.
The parties are obligated to bind any auxiliary person as well as possibly called third persons who assist in the execution of the service to keep all confidential information that is related to the contracting party secret.
The patient may only assign his right to a third party/person with the written consent of Global Medical.
9. CONTRACT AMENDMENT/ SEVERABILITY CLAUSE
Amendments and additions of this contract, including this clause, need to be made in writing in terms of art. 13 OR.
Should single conditions of this contract be invalid, ineffectual, or void, does this not apply to the validity of the other conditions. The parties obligate themselves with regard to this case to replace the inapplicable condition with a condition that comes in its legal and economical purpose as close as possible.
10. APPLICABLE LAW/ JURISDICTION
The here present contract is subordinated to Swiss law. Any disagreements arising from this present contract are to be assessed by the courts and mediators of Zurich and the language used will be English.
[Place], [Date] [Place], [Date]
Name Patient Global Medical AG