FACILITATION SERVICE CONTRACT
Anyone interacting with Global Medical AG (Global Medical) is assumed to read and accept the below conditions.
1. Subject and Role of GMC
- This contract governs GMC’s facilitation service to the Client. GMC is a facilitator: it arranges and coordinates introductions between the Client and independent hospitals, clinics and doctors (“Providers”) and assists with the practical arrangements.
- GMC is not a hospital, clinic or healthcare provider. It does not provide medical treatment, diagnosis or medical advice. All clinical services are provided by the Providers under their own terms and their own professional responsibility, under a separate agreement between the Client and the Provider.
- Where the internet booking on GMC’s website and this contract conflict, this contract prevails.
2. What GMC Does
GMC’s facilitation service consists of:
- enabling the Client to submit the information relevant to the treatment they are exploring;
- sharing the necessary information with the Providers for the Client’s case, in accordance with the Client’s explicit consent and GMC’s Privacy Policy (see clause 6);
- forwarding to the Client the preliminary suitability indications and prices proposed by more than one independent Provider, for the Client’s own selection (these are not binding — see clause 3.1);
- coordinating practical arrangements (such as scheduling and, where agreed, travel and accommodation) unless covered by Provider’s services; and
- in some cases receiving the Client’s payment in order to forward it to the Provider, as a convenience. Handling the payment does not make GMC responsible in any way for the medical services provided by the Provider.
3. Clinical Decisions Rest with the Provider
3.1 Whether the Client is treated, and which method is used, is at the sole discretion of the responsible doctor at the Provider that the client chooses, following examination at the medical facility. The preliminary suitability indication and the estimated cost are for information only and are not legally binding.
3.2 GMC always presents offers from more than one independent Provider. The Client selects the Provider. Any information GMC gives about the options is general information to help the Client compare them; it is not medical advice and not a recommendation. The choice of Provider, and the clinical decision whether and how to treat, rests respectively with the Client and the treating doctor, not with the GMC.
3.3 The Provider provides the doctor. The Client may ask to change the doctor; a change may affect timing and travel, and any additional travel/accommodation costs arising from a Client-requested change are the Client’s responsibility. If the named doctor becomes unable to operate, the Provider may supply an equivalent doctor.
3.4 The Client agrees to enter into a separate agreement with the Provider, under which the Provider takes responsibility for the medical interventions.
4. Licences and Diligence
GMC confirms that the Providers in its network hold the licences required to operate in their jurisdiction, in accordance with the data-protection and network standard agreed with its network partner. GMC does not guarantee clinical outcomes and does not independently audit the medical competence of Providers. The Client is encouraged to make their own enquiries before proceeding. Information published on GMC’s website is provided by the Providers and does not replace a local medical examination.
5. The Client’s Obligations
The Client shall:
- provide accurate and complete information, reports, and images relevant to the treatment. If information provided is materially inaccurate or incomplete, the treatment plan or cost may change, or treatment may not proceed, and the Client is responsible for the additional costs actually incurred by GMC or the Provider as a result;
- read GMC’s website information, including the Privacy Policy, website terms, and information on the risks of treatment, before signing;
- pay in accordance with clause 8;
- return signed documents to GMC by secure email (not by consumer messaging);
- arrange their own valid travel documents (passport, visa) and inform GMC of any change in travel plans without delay and at least five days before departure;
- where their health insurance does not cover travel or treatment complications, take out (a) travel and cancellation insurance and (b) insurance covering the risk of complications, at the Client’s cost. GMC has no contract with any insurer.
- where GMC purchases flight tickets, GMC is responsible only for the initial booking of non-changeable, non-refundable tickets with hand luggage; any change, cancellation or extra service is the Client’s responsibility and cost.
6. Data Protection
6.1 GMC processes the Client’s personal data, including health data, in accordance with its Privacy Policy and applicable data protection law. The Client’s health data is shared with the selected Provider on the basis of the Client’s separate explicit consent, given at intake. The Client may withdraw that consent at any time, though this may mean GMC can no longer arrange the treatment.
6.2 GMC keeps the Client’s data confidential and uses it only to provide and arrange the service. Information GMC provides to the Client about Providers, prices and arrangements is confidential and must not be used for commercial purposes.
7. Optional Use of Images for Marketing
Any use by GMC of the Client’s photographs or video for marketing is optional, is not a condition of treatment, and is governed by a separate consent the Client may give or decline, and may withdraw at any time. The Client is under no obligation to agree to marketing use in order to receive the service.
8. Prices and Payment
8.1 Prices on the website are reference figures for a person without medical complications undergoing the treatment for the first time. The binding cost is set by the Provider after assessment. GMC may update website prices and packages at any time; a price change does not affect a Client who has already paid.
8.2 GMC begins paid arrangements (such as reservations) only after the Client has made the agreed prepayment. The Client shall pay the amount in the preliminary suitability report at least ten days before the estimated treatment date, unless GMC agrees the Client may pay at the medical facility. Where instalments are agreed, the service is available once all instalments due are paid. If instalments are not paid when due, GMC may deduct costs already incurred from amounts paid. Using a third-party financing provider does not remove the Client’s liability to GMC.
8.3 The Client is responsible for additional services not included in the package (for example additional tests, extended stay, or additional procedures), payable to GMC or to the Provider as indicated.
8.4 The Client acknowledges that GMC’s service is the facilitation and arrangement of treatment, and that this service is fully performed once the arrangements are made and the treatment is delivered by the Provider. The Client agrees that dissatisfaction with the clinical outcome is a matter for the treating Provider and is not a basis for disputing GMC’s facilitation services. The Client confirms that the services were requested and received. Where a Client initiates a chargeback in respect of services properly provided, GMC may recover the sums properly due together with any costs and bank charges it actually incurs in responding.
9. Changes or Cancellation by GMC
In unforeseeable circumstances GMC may need to change the date, or substitute a comparable Provider or doctor. In that case the Client may cancel the package without a cancellation charge, except for costs already incurred (for example travel or accommodation already booked). GMC is not liable for such changes beyond refunding amounts not yet spent on the Client’s behalf.
10. Cancellation by the Client and Refunds
10.1 If the Client cancels, GMC may retain an amount equal to the costs it has actually incurred on the Client’s behalf (such as reservations, examinations, transfers and non-recoverable third-party charges). As a genuine pre-estimate of those costs at each stage, the following may be retained:
- cancellation 30 days or more before treatment: up to 10% of the package price;
- cancellation 3–29 days before treatment: up to 30% of the package price;
- cancellation 0–2 days before treatment: up to 50% of the package price.
10.2 No refund is due for services that have already been provided. Where, after the local medical examination, the planned treatment cannot proceed or changes, the Client may cancel and obtain a refund of amounts paid less the cost of services already provided; or opt for a lower-priced treatment (with refund of the difference) or a higher-priced one (paying the difference). Refunds are made within thirty days, provided the Client supplies the data and signs the declarations reasonably required.
10.3 The Client expressly requests that GMC begin the facilitation service (including making bookings and reservations) before the end of any statutory cancellation period, and acknowledges that (a) once the service is fully performed the Client loses any right to cancel, and (b) if the Client cancels after the service has begun, the Client must pay for the parts already performed, including non-recoverable costs GMC has incurred.
11. Concerns and Complaints
If the Client has a concern about any part of the service, the Client agrees to notify GMC and allow GMC a reasonable period to investigate and resolve it before escalating the matter. This enables GMC to help with any issue arising from a Provider’s service.
12. Liability
12.1 GMC gives no warranty as to clinical outcomes, which are the responsibility of the treating Provider. GMC is not liable for any loss caused by the Providers, including any negligence or malpractice, and the Client may not claim against GMC for inadequate performance by a Provider.
12.2 GMC’s liability for its own facilitation services is limited to the amount of the agreed service package, and applies to contractual, non-contractual and quasi-contractual claims alike.
12.3 Nothing in this contract excludes or limits liability that may not be excluded by law. In particular, and consistent with Article 100 of the Swiss Code of Obligations, GMC does not exclude or limit liability for unlawful intent or gross negligence, for death or personal injury caused by GMC’s own negligence, or for fraud.
13. Confidentiality
Each Party keeps confidential information exchanged under this contract (including prices) confidential and uses it only for the service. GMC may obtain and use the Client’s information from the Provider for the purpose of providing the service, and shares it only as described in the Privacy Policy and with the Client’s consent.
14. Assignment, Amendment, Severability
14.1 The Client may assign rights only with GMC’s written consent.
14.2 Amendments must be in writing (Art. 13 CO). If any provision is invalid, the remainder stands and the Parties will replace the invalid provision with the closest valid equivalent.
15. Commencement
By making any payment to GMC, or by proceeding to receive the service, the Client confirms acceptance of this contract, as these terms were made available to the Client beforehand on the website and emails sent to the Client. This does not replace any separate consent the Client must give (including consent to the processing and transfer of health data, and to any marketing use of images), which remain subject to their own separate agreement.
16. Governing Law and Jurisdiction
This contract is governed by Swiss law. The courts of Zurich have exclusive jurisdiction and the language is English.