MEDICAL SERVICE AGREEMENT
This Agreement was made by and between Booking Health GmbH, registration number HRB 21122 in the Federal Register of North Rhine-Westphalia, Federal Republic of Germany, hereinafter referred to as the “Contractor" on the one part, and an individual or legal entity, hereinafter referred to as the “Customer" on the other part. This Agreement is a service contract made by this offer and regulates provision of services and the respective obligations the Contractor and the Customer.
1. Online booking system is a set of Booking Health software services for online, real-time reservation of diagnostic, therapeutic and/or rehabilitation programs as well as health-promoting tours;
2. Customer is an individual or legal entity acting as a party to this Agreement;
3. Website is a Booking Health’s resource where users can order and pay for diagnostic, therapeutic and/or rehabilitation programs online;
4. Medical and other activities include diagnosis, treatment, rehabilitation as well as other services provided to the Customer to the Patient’s benefit by a clinic, hotel or other facilities under an agreement with the Contractor.
5. Medical activity site is a medical institution, hospital, medical center, other legal entities and individuals entitled to provide medical services, including private doctors and other medical personnel;
6. Health-promoting activity site includes SPA and wellness hotels with suitable infrastructure;
7. Patient is an individual who receives medical and/or health-promoting services. The Customer and the Patient may be the same person;
8. Program is a package of medical/health-promoting services offered for online booking.
9. Voucher is a document of payment and is the only basis for performance of the Program.
§ 1 Scope
1.1 This offer includes the Customer’s booking and purchasing of diagnostic, therapeutic and/or rehabilitation programs as well as health-promoting SPA tours under this offer and the Program.
1.2 The Contractor shall provide the following services to the Customer:
- provide online access to Medical Activity Sites and programs for online booking;
- provide information on and conditions of stay in specialized medical institutions;
- allow the Customer on their own or with the assistance of the Contractor to search for and book programs based upon the information provided on the website;
- provide free/paid consultation as to the Customer’s choice of the program based upon the Patient’s medical records provided by the Customer. The Contractor may consult specialists of medical institutions regarding suitability and form of the treatment. The Contractor shall then confirm the proposal of the selected program or provide a new customized proposal based on the Patient’s medical condition;
- where applicable, the Contractor may analyze and translate the medical records into the language of the medical and other activities site in which case the translation costs shall be paid separately;
- monitor accessibility of the treatment date selected by the Customer. If the chosen date is fully booked, the Contractor shall offer the Customer alternative dates or other sites according to the program;
- provide medical and other activities site for booking according to the program;
- provide a coordinating interpreter, if included in the program;
- arrange transfer and transportation services, if included in the program;
- at the Customer’s request, organize other services (excursions, shopping, etc.), if included in the program.
§ 2 Service Provision
2.1 The Customer shall by his/her own or with the Contractor’s assistance on the website choose and make online booking of medical or health-promoting programs and additional services. The Contractor may in consultation with the Contractor recommend a more specialized clinic or optimize the previously selected program.
2.2 The Customer agrees to provide the Contractor with all necessary medical information (medical opinions, existing examination data) for a paid and/or free consultation;
2.3 The Customer hereby gives the Contractor consent for use and guarantees the accuracy of the Patient’s health information, medical records and tests, to help the Contractor develop and perform the medical and organizational component of the program.
2.4 The Customer shall purchase the program based upon the information provided by the Customer. The price of the program is fixed and includes the cost of the medical program, the Contractor’s fee and additional program services.
2.5 All programs contain a standard list of medical and other activities designed for each diagnosis. Changes in diagnostic and therapeutic activities may occur during the program, however, they will not affect the final price of the program. In any other cases, Clause 3.3. of this Agreement shall apply.
2.6 The Contractor reserves the right to replace the chosen clinic with another one of the same or higher class. No compensation shall be paid in such case.
2.7 The program shall be deemed to be booked after the funds are credited to the Contractor’s bank account. The Contractor shall then send a voucher to the Customer’s registration e-mail to confirm the reservation.
§ 3 Payment
3.1 The price of the program includes the medical and other activities chosen by the Customer in the order.
3.2 The Customer shall make 100% payment for the program by transferring funds to the Contractor’s bank account by one of the methods offered at the Contractor’s website.
3.3 If any circumstances, that require continued examination or treatment or additional medical services not included in the program, are found out during provision of medical services to the Patient, the Customer will receive an additional invoice payable within three (3) days.
§ 4 Term and Termination
4.1 This Agreement shall come into force upon Customer’s 100% payment to the Contractor for the order made by the Customer and confirmed by the Contractor, and shall be valid for an indefinite period of time.
4.2 The Customer accepts the terms of this Agreement by placing an order on the Contractor’s website. Therefore, a separate signature of this Agreement by the parties is not required.
4.3 If this Agreement is terminated by either of the parties at the latest three (3) days prior to commencement of the program, the Customer shall receive a full refund net of the transaction-related costs and the price of the services already rendered.
4.4 The Customer may refuse from the services at any time and for any reason (failure to obtain a visa, changes in personal circumstances, etc.). If this occurs at the latest three (3) days prior to commencement of the program, Clause 4.3 of this Agreement shall apply. If the services are refused less than three (3) days prior to commencement of the program, the Customer shall not receive any refund whatsoever.
4.5 If this Agreement is terminated for any reason, a written notice from the terminating party must be sent by the Customer to the Contractor’s e-mail email@example.com, or by the Contractor to the Customer’s e-mail specified at the time of registration at the website.
§ 5 Parties’ Rights and Obligations
5.1 Contractor’s rights and obligations:
5.1.1 The Contractor shall provide the Customer with all information and instructions necessary for the program. The exhaustive list of information is published by the Contractor on its website.
5.1.2 The Contractor is the organizer of the medical program and enters into contracts for and on behalf of the Customer.
5.1.3 The Contractor is responsible for arrangement of the booked program. The medical activity site shall be responsible for provision of the medical services.
5.1.4 The Contractor shall bear no responsibility whatsoever for a consular agency’s refusal to issue a visa to the Customer, any acts of the passport and customs control bodies. These acts are not classified as force majeure and, therefore, any actual and associated costs must be paid by the Customer.
5.1.5 The Contractor may receive payment for booked services from both the Customer and third parties.
5.1.6 The Contractor shall not be held liable for failure to provide or inadequate provision of services due to incorrect, incomplete or delayed evidence and documents provided by the Customer, and due to any other resulting violations of this Agreement by the Customer.
5.1.7 The Contractor shall not be liable for failure to meet subjective Customer’s expectations.
5.1.8 The Contractor shall be entitled to terminate this Agreement at any stage of the program, if it reasonably believes that the Customer or the Patient attempted to commit fraud against the Contractor or the medical activity site, failed to comply with laws of the country of stay, etc.), by sending a notice to the Customer’s e-mail. In this case, the Customer shall receive the refund net of the costs incurred by the Contractor and the medical activity site.
5.2 Customer’s rights and obligations:
5.2.1 The Customer may place an order for the program online, by phone or by other communication methods listed at the website. The Customer accepts the terms of this Agreement regardless of the order placement method.
5.2.2 The Customer shall act on behalf of all the persons specified in the order and have personal responsibility to the Contractor for accuracy and validity of the data used for the program, and shall ensure that all parties perform their obligations, including the obligation to pay for the program.
5.2.3 The medical activity site may refuse to perform the program and withhold up to 100% of the program price if it becomes aware of deliberately false or incomplete information on the patient’s condition. Any consequences shall be the responsibility of the Customer.
§ 6 Confidentiality
6.1 The parties agreed to keep confidential all information received during the term of this Agreement.
6.2 The Customer/Patient hereby relieve the medical activity site and doctors from medical confidentiality in relation to the Contractor so that the Contractor is able to perform this Agreement. The Customer gives consent for the Contractor’s sharing Patient’s medical information with attending physicians and medical activity sites.
6.3 The information received by the Contractor during the term of this Agreement about the Patient’s seeking medical care, health, diagnosis and other data of the Patient’s examination and treatment are confidential and must not be disclosed and transferred to third parties without the Patient’s prior written consent. Breaching confidentiality shall be subject to criminal prosecution.
6.4 The Customer is responsible for maintaining confidentiality of his/her registration name (login) and password, and for all acts taken under such name (login) and password. The Contractor will not be responsible for any loss or damage whatsoever caused by any unauthorized use of the Customer’s identification data by third parties.
§ 7 Force Majeure
7.1 If either party becomes unable to perform any or all of its obligations hereunder as a result of a force majeure event such as fire, natural disasters, military operations of any nature, any governmental acts or others circumstances beyond the reasonable control of the parties, this Agreement shall be extended for the duration of force majeure.
7.2 The party affected by force majeure must notify the other party within seven (7) days of the date of occurrence of force majeure and when force majeure ceases to exist. The parties may terminate this Agreement in writing if the reason for force majeure cannot be eliminated.
7.3 Documents issued by competent bodies shall be deemed sufficient to prove the existence of force majeure.
§ 8 Dispute Resolution
8.1 All disputes and disagreements arising from this Agreement shall be resolved through negotiations.
8.2 All claims must be submitted in writing.
8.3 Any claims and complains hereunder must be presented within one month after the end of the program. No claims shall be accepted after expiration of this period, except for material breach of this Agreement.
8.4 In the event that the parties fail to reach agreement through negotiation, the dispute shall be referred to the trial court at the place of the Contractor’s registration.
§ 9 Miscellaneous
9.1 Any amendments and additions hereto shall be deemed valid if made in writing and signed by both parties.
9.2 If any provision of this Agreement is held invalid, the other provisions shall remain in full force and effect.
9.3 This Agreement was made up in German and translated into other languages. In the event of any disputes, differences or inconsistencies between the German version and the version in other languages, the text in German shall prevail.