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 “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 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 the user account on the website gmcare.ch or gmcare.eu or gmcare.org, the patient has to sign this contract.
Global Medical conducts under the websites gmcare.ch or gmcare.org or gmcare.eu an internet platform that presents the users’ information about medical benefits. The websites gmcare.ch or gmcare.org or gmcare.eu contents of a customer-related user account for the patient.
3.3 Services on the part of Global Medical
a. Global Medical mediates only between the patient and the hospitals. The services of Global Medical are performed in accordance with the hospital. 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 account on its internet platform. The patient enters his personal data and all substantial information that is relevant to the impending treatment (pictures, reports, etc.).
c. Global Medical forwards all data (reports, pictures, etc.) that the patient shares on the website gmcare.ch or gmcare.org or gmcare.eu to the hospital.
d. The hospital sends thereupon a preliminary exhibit of suitability (cf. reservation of paragraph 4 c) to Global Medical. Global Medical forwards this exhibit of suitability from the hospital to the patient.
e. With this exhibit of suitability (cf. reservation of paragraph 4 c), the patient has to transfer the expectable costs to Global Medical in advance to be able to use the services and medical benefits Global Medical offers.
f. After the patient has signed the contracts and affected the payment, Global Medical obligates itself to forward the payment to the hospital.
g. After the payment, Global Medical is obligated (cf. reservation of paragraph 4 c) to send all services that are included in the package, together with the acceptance documents of the patient and the agreed travel dates via E-Mail to the patient.
3.4 Patient’s Duties
a. The patient is obligated to transmit all existing reports, pictures, examinations, etc. without any misinformation or incompleteness to Global Medical in order that Global Medical can forward these documents to the hospital.
b. The patient is obligated to read up sufficiently about Global Medical and its services. With the signature, the patient confirms to have read up (especially on the website gmcare.ch or gmcare.org or gmcare.eu).
c. The patient is obligated to transfer the price indicated on the user account within 10 (ten) days to be able to use the service package of Global Medical.
d. After an affected payment, the patient shall return all contracts (cf. paragraph 3.3. f.) obtained by Global Medical via E-Mail and by post.
e. The patient shall print the acceptance documents sent by Global Medical electronically. The patient shall bring along the acceptance documents together with a valid identity card or passport to the hospital.
f. The patient is obligated to pay for any additional services that are not included in the service package (e.g. in case of preliminary examination or complications) to Global Medical.
g. The patient shall be responsible to arrange all documents required for the journey (valid passport, visa if needed).
h. 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.
i. The patient shall be responsible for any services that are not included in the service package. These include transportation, accommodation, and catering that will be demanded outside of the hospital.
j. The patient is obligated to conclude a) a travel cancellation insurance and b) insurance that covers the risk of complications (due to medical treatment). The costs for this insurances have to be paid by the patient.
k. If the dates for the examinations/treatments change on patient’s demand, any expenses (e.g. for the flight cancellation) resulting from this are on patient’s account.
l. If the patient misses the flight or a connecting flight, the patient shall be responsible for any expenses resulting from this event. The patient shall be responsible to arrange possible travel insurance. Global Medical does not contract with any insurer.
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 the website gmcare.ch or gmcare.org or gmcare.eu. Global Medical is also authorized to change the prices (cf. paragraph 3.6 f.) 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 website gmcare.ch or gmcare.org or gmcare.eu 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 an exhibit of suitability and calculate the expected costs for the treatment according to all information that it obtains from the patient. The exhibit of suitability and the report sent to the patient serve as information and are legally not binding. If the patient is treated or not is at the sole discretion of the responsible doctor in his rooms at the hospital, after having executed all examinations.
Global Medical reserves the right to conduct cancellations, date changes or the change of the hospital in case of unforeseeable circumstances. In this case, Global Medical shall not be held responsible for the cancellations or changes. The patient, however, has the right to cancel the service package without any cancellation costs (excluding travel expenses).
3.7 Other Conditions of Contract
The patient agrees explicitly with the consecutively specified contract contents:
a. The patient signs an agreement with the hospital. The patient agrees to execute the payments to the hospital via Global Medical.
b. Global Medical presents the patient two different hospitals for selecting. The patient decides which hospital the patient prefers.
c. The hospital provides the patient with a doctor. The patient has the right to change this doctor. The patient is obligated to cover any additional expenses arising from this doctor change.
d. 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) will be on the patient’s account. Neither the hospital nor Global Medical is liable for these additional expenses.
e. All content (pictures, tables, descriptions, etc.) published on the Global Medical website gmcare.ch or gmcare.org or gmcare.eu is generated according to the data provided by the hospitals. This information does not replace a local medical examiner. Global Medical is particularly not obligated to verify the hospitals and/or their services.
f. In case of the inability of the physician, the patient will be provided with another equivalent doctor (and/or equivalent doctor) by Global Medical. In case of incapability of the doctor which is not caused by Global Medical and/or if Global Medical offers another equivalent replacement (for doctor/hospital), Global Medical is not responsible for any suits arising from the incapability of the doctor.
g. The patient authorizes Global Medical, its related parties, and service providers to take any photos and videos, during before, during or after his treatment and use these materials for any medical and marketing purposes in any mediums 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.
4. COMMENCEMENT / EXPIRATION OF CONTRACT
a. The here present contract will be effected after its execution. After the execution of this contract, all determinations are binding and termination only admissible under the consecutively specified conditions (cf. below, b.):
b. 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 20 days or more before the surgery/ medical treatment: 10% of the affected payment for the service package;
Cancellation 8-19 days before the surgery/ medical treatment: 30% of the affected payment for the service package;
Cancellation 3-7 days before the surgery/ medical treatment: 50% of the affected payment for the service package;
Cancellation 0-2 days before the surgery/ medical treatment: 100% of the affected payment for the service package;
c. If in the context of the local medical examination (at the hospital) is detected that the surgery cannot be executed (or the medical service cannot be provided) and/or the patient cannot be approved to the surgery for medical reasons, the patient will be refunded the effected payments, after deduction of the cost for the services to provide by Global Medical or any third party (e.g. examinations, transfer, advise, hotel) that have already been provided, within thirty days.
5. CONTRACT COSTS AND PAYMENT CONDITIONS
a. The patient shall pay the price indicated on his user account at least 20 (twenty) days before the estimated treatment day to Global Medical, to be able to reclaim the service package of Global Medical (cf. above, paragraph 3.4).
b. In case of paying by installments, 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 effected expenses by Global Medical from earlier installments.
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 paragraph 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. 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
Global Medical is obligated to comply with medical confidentiality and the data privacy act and treats the data of its patients as confidential.
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 EDP belong only to Global Medical.
The patient agrees that all patient-related data about the health, particularly tests, reports, 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 mutual exchanged information, 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 values as confidential.
The parties are obligated to bind any auxiliary person as well as possible called third persons who assist in the execution of the service to keep all confidential information which 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 the Swiss law.
Any disagreements arising from this present contract are to be assessed by the courts of Zurich.