TERMS & CONDITIONS
These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") apply to the provision of services by PRAGA MEDICA HEALTHCARE s.r.o., with its registered office at Na Krutci 368/5, Prague 6, the Czech Republic, ID No. 24249726, registered in the Commercial Register kept by the Municipal Court in Prague, under File No. C 197135, (hereinafter referred to as the "Company").
These Terms and Conditions determine and specify the rights and obligations of the contracting parties, which means the Company, of the one part, and natural and juridical persons (hereinafter referred to as the “Client"), of the other part. These Terms and Conditions regulate mutual rights and obligations of the contracting parties arising from the contract on mediation of health and other services (hereinafter referred to as the "Contract").
The Company mediates health and other services connected with a medical procedure in the Czech Republic or in other destinations where the Company´s partner clinics are located.
The Company offers to mediate, mainly, the following services:
- medical procedure in a health facility in the Czech Republic, or, possibly, in other destinations,
- accommodation and other touristic services.
The services are non-transferable. The Client is not entitled to transfer the rights arising from his contractual relation with the Company to a third party, unless the Company and the Client agree otherwise.
Entering into Contract
The contractual relationship between the Company and the Client shall be created by such means of communication that enable entering into the Contract without simultaneous physical presence of the parties (hereinafter referred to as "Means of Distance Communication").
The Client agrees to use Means of Distance Communication when entering into the Contract.
The order must contain the following: the name, surname, address, email and phone number of the Client.
The Contract is made between the Client and the Company at the moment when the Company confirms the order made by the Client by email to the email address provided by the Client.
In entering into the Contract, the Client acknowledges that he has read and understood these Terms and Conditions and agrees to them. The Client shall be notified about these Terms and Conditions in a sufficient way, prior to placing the order and shall have an opportunity to become familiar with them.
The website of the Company contains information about the mediated services. All presentations of the mediated services on the Company´s website are of informative character and the Company is not obliged to enter into a contract regarding these services. The provision of S. 1732 (2) of the Civil Code shall not apply. Any offers of services published on the Company´s website are therefore not binding and the Company is not obliged to enter into a contract regarding these services.
Unless stated otherwise, the rights and obligations of the parties hereto are governed by the provisions of the law of the Czech Republic concerning mediation and mandate contracts. The Company performs any and all of its activities for the Client in the Czech Republic, or possibly in other EU member states.
Provision and Use of Personal Data
The Company may demand that the Client supply further data, fill in a questionnaire or send photos and other documents (hereinafter referred to as "Data") for the purpose of arranging the initial consultation (hereinafter referred to as the "Consultation") before the required medical procedure (hereinafter referred to as the "Procedure").
The Client acknowledges that the provided Data will be made available to the health facility /Clinic where the Procedure will be performed in order to enable the health facility /Clinic to create a treatment plan and assess whether the Client is fit for the required Procedure.
The Client gives consent to the Company and the Clinic to process the provided Data for the purpose of creating a treatment plan and assessing whether the Client is fit for the required Procedure.
Personal data of Clients are stored in compliance with applicable laws of the Czech Republic, particularly with Act No. 101/2000 Sb., on the Protection of Personal Data, as amended. The Company is registered with the Office for Personal Data Protection in the Czech Republic under No. 00048884 and pledges to protect and use the Client´s personal data in compliance with Act. No. 101/2000 Sb., on the Protection of Personal Data. For further information on personal data protection please click here.
The Client gives consent to the processing of his personal data, particularly his name, surname, date of birth, identity card number, and potentially also his bank account number, contact data, health insurance data as well as information on his health condition and way of life for the purpose of his registration in the Company´s system and the exercise of rights and discharge of obligations pursuant to this Contract. The Client acknowledges that he is obliged to state his personal and other Data correctly and truthfully and that the Company must not be held liable for possible errors in the provided personal and other Data.
The Company and the Client undertake to maintain confidentiality on all facts about which they will learn in connection with and based on this Contract, with the exception of facts that are generally known. The contracting parties shall ensure that this confidentiality obligation is also complied with by their employees and by the persons whom they will use for the performance of their contractual obligations.
Rights and Obligations
- The Client is obliged to state all data concerning his person truthfully and in agreement with the facts. In the opposite case, the Company reserves the right to withdraw from the Contract.
- The Client is obliged to make an advance payment for the ordered services to the Company in due and timely manner.
- The Client is obliged to pay to the contractual business partners of the Company for the services provided by them according to the current price list of the Company´s business partners.
- The Client is obliged to observe the instructions he will receive from the Company.
- The Client is obliged to arrange his transport and to arrive at the Clinic on the agreed date.
- The Client is also responsible for obtaining his visas, insurance and for having sufficient cash to pay for the Consultation, the Procedure and other treatments that are necessary so that the Consultation, the Procedure and other services confirmed on the basis of the Treatment Plan can be provided.
- The Client is obliged to provide the Company with all cooperation possible wherever necessary for due performance of the ordered services.
- The Client shall follow recommendations aimed at maintaining and improving his health condition before and after the Procedure.
Obligations of the Company
- The Company is obliged to book the health services selected by the Client at a health facility that is a contractual partner of the Company (hereinafter referred to as the "Clinic") provided that the Client has ordered such services and the Company has confirmed such an order.
- The Company is obliged to arrange further services for the Client – transport and accommodation, provided that the Client has ordered such services and the Company has confirmed such an order.
- The Company is obliged to inform the Client in time about the date and place of the medical procedure and related consultations with a physician.
Treatment Plan and Medical Procedure
After confirming the order to the Client, the Company shall send to the Client a draft plan of treatment and other services (hereinafter referred to as the "Treatment Plan") based on the opinion of the Clinic. The Treatment Plan usually contains an opinion on whether the Client is fit for the required Procedure as well as the date of the Consultation, the Procedure and a check-up, the price of the Procedure and other services.
The Client is obliged to approve the Treatment Plan by Means of Distance Communication (e.g. via an on-line booking form or by email).
The Company shall help the Client plan his stay, transport and accommodation on the basis of the preliminary Treatment Plan so as to reduce the Client´s expenditures to minimum. The Company cannot, however, guarantee that the Treatment Plan will be observed. The treatment may be influenced by unforeseeable biological factors as well as by the health condition of the Client. A possible change in the Treatment Plan is at the discretion of the Clinic. A change in the Treatment Plan may be made particularly as a result of a change of the Client´s health condition or as a result of new facts concerning the Client´s health condition that were not known at the time of the creation of the Treatment Plan.
The Company is not a health facility and does not perform any medical procedures nor provide related health services. The Client and the Clinic shall enter into a contract on the performance of the agreed Procedure, or other related services, during the Consultation, i.e. during the first visit to the Clinic. The Company is not a party to the contract between the Client and the Clinic.
The Client agrees to pay all costs arising from the contract between the Client and the Clinic. The Company shall not be liable for any obligations resulting from the contract between the Client and the Clinic.
The Company shall not be liable for any damage caused by the fact that Clinic did not perform the Procedure with regard to potential health risks to the Client or with regard to new facts that had not been known at the time of the booking of the Procedure.
The Client is obliged to make an advance payment to the Company for the agreed-upon mediation of the Procedure and possible other services. When a pro forma invoice is issued, the order shall be confirmed only after the invoice is paid.
The Client shall make the advance payment in advance on the basis of an issued pro forma invoice, unless agreed otherwise
The Company shall offer the option of payment via the PayPal payment gateway, either by transfer from a PayPal account, or by payment via a credit/debit card, or by bank transfer, or by cash.
The Company shall not be liable for damage resulting from expiration of the date of the Consultation, the Procedure, air tickets, accommodation or other services provided that the advance payment is not made, or provided that the advance payment is made with a delay that results in the expiration of the date, or provided that the Company does not, for any reason, confirm the order after receiving the advance payment.
The accommodation shall be paid for immediately by the Client at the accommodation facility, unless stipulated otherwise.
Other services shall be paid for in advance based on a pro forma invoice issued by the Company, unless stipulated otherwise.
Should the Client fail to make the advance payment within the period set in the invoice, the Company is entitled to withdraw from the Contract.
Should the Client be unfit for the Procedure, i.e. if a preoperative examination at the Clinic reveals an intolerable risk associated with the Procedure and an expert guarantor of the health facility recommends, with regard to objective health parameters, that the Procedure should not be performed, the advance payment made by the Client shall be used to cover the partial performance the price of which shall be determined as the sum of all costs (e.g. consultations, check-ups, and possible treatment), excluding lost profits of the Company or of the contractual health facility.
Neither the Company nor the Clinic shall be liable to the Client for defects and damage caused by:
- provision of outdated, untruthful or incomplete information and data;
- the Client´s failure to comply with the instructions of the Company or the Clinic and its employees;
- circumstances unrelated to the Services (e.g. excessive consumption of alcoholic beverages, failure to seek out health care services, disrespect of the medical treatment, and/or incorrect use of medicaments);
- the Client's default on payment;
- objective reasons for which it will not be possible to undergo the Procedure.
The Company shall not bear any liability:
- for the content of recommendations provided to the Client by third parties;
- for the development of the physical, mental and health condition of the Client, especially for its unexpected changes as well as for non-occurrence of expected changes;
- for damage to the health of the Client that does not result from the Procedure;
- for possible damage to the Client's health resulting from the performed Procedure. Under the law of the Czech Republic, liability for this damage shall be borne by the Clinic that performed the Procedure.
The Client acknowledges that he bears liability for his own health condition and for his way of life, and that any interference with the bodily integrity involves health risks of which he was/will be informed prior to the Procedure.
The Company shall not be liable for the professional competence and potential mistakes of the Clinic and its staff. An incorrect (non lege artis) procedure by the medical staff does not create any rights or obligations for the Company.
The Company shall not be liable for the Data provided by the Client, particularly not for damage caused by the fact that the Procedure could not be performed for any reason, unless stipulated otherwise below.
The Company shall not be liable for damage caused by the fact that the Client did not arrive for any reason and the Consultation, the Procedure or other services could not be provided.
Should the Client not provide cooperation, although requested in writing to do so, the Company shall not be liable for damage resulting from such breach of obligation, nor for defects in the object of the provided service resulting from the breach of this obligation.
Should the Client decide to cancel the confirmed Treatment Plan, the Consultation, the Procedure, the Accommodation or other services ordered from the Company, the Client is obliged to announce such cancellation to the Company at the earliest possible date in writing, particularly by email sent to email@example.com.
Withdrawal from the Contract
The Client – provided that he is a Consumer within the meaning of Act No. 89/2012 Sb., has the right to withdraw from the Contract within fourteen days from placing the order. In order to withdraw from the Contract the Client shall use the form.
The Client cannot withdraw from the Contract if the services under the Contract were performed with his prior express consent before the expiration of the withdrawal period.
Treatment: booking of medical examination / Consultation / Procedure
(The Client shall have the medical examination / Consultation / Procedure booked after making an advance payment and after confirmation via the booking system, and in exceptional cases solely upon a written order.)
- The medical examination / Consultation / Procedure can be cancelled by the Client without giving a reason not later than 14 days before the date of the booked service. In such a case, the advance payment shall be refunded, but a contractual penalty of EUR 50 shall be deducted from it.
- If a cancellation is made less than 14 days before the scheduled start of the treatment, the advance payment shall not be refunded and the reasons for the cancellation shall not be examined.
Change of Date
- The date can be changed without giving a reason not later than 14 days before the start of treatment. A request for a change of the date can be made only once and it is free of charge.
- The Client is not entitled to have the date changed free of charge less than 14 days in advance. The Company shall try to mediate a change of the date for the Client provided that he produces written evidence of the serious reason for which the original date was cancelled. The decision depends on the current situation at the particular Clinic and on the potential of the particular doctor.
- The Client is obliged to use the reserved service within twelve months since the confirmation of the order at the latest. For this period of time, the Client is guaranteed the same price of the service and the same conditions of its use. If the Client does not use the ordered service within twelve months, the advance payment shall be retained as part of contractual penalties without compensation.
Services: particularly airport pickup and other transfers, assistance telephone, interpreting and accompaniment to the Clinic.
(The Client shall have the Services booked after confirmation via the booking system and after making the advance payment, and in exceptional cases, solely upon a written order payment on the spot)
- The Services can be cancelled, without giving a reason, not later than 48 hours before the scheduled arrival at the agreed meeting place. In such a case, the advance payment shall be refunded, but a contractual penalty of EUR 50 shall be deducted from it. If the advance payment was part of other payments or deposits which are also refundable, only one contractual penalty shall be charged.
- The date of use of the Services or the person using the Services can be changed, free of charge, provided that the Company is notified about this fact in writing not later than 48 hours before the scheduled arrival at the agreed meeting place.
- If the Client does not arrive at the agreed meeting place, or if the Client cancels his order of the Services less than 48 hours prior to the arrival, the advance payment for the Services shall not be refunded. The reasons for the cancellation shall not be examined.
- The Client is not entitled to use the booked services on another date if this fact was announced less than 48 hours in advance. The Company shall try to mediate a change of the date of use of the Services for the Client on the basis of written evidence of the serious reason for which the original date was cancelled. The decision shall be subject to the current situation, such as availability of drivers.
Accommodation: booking of hotel room or suite
(The Client shall make the booking by confirmation via the booking system, and in exceptional cases solely upon a written order. If the stay is not longer than 13 days, no deposit shall be paid. If the stay is longer than 13 days, a partner hotel may request that Client provide it with information about his credit card in order to make pre-authorization of payment.)
- Stays shorter than 14 days can be cancelled free of charge and without giving a reason not later than 3 days before the start of the stay.
- When cancelling the stay less than 3 days before the arrival, the Client is obliged to pay the full amount of the first night. The payment shall take place on the basis of an invoice that the Company shall send to the Client´s email. The reasons for the cancellation shall not be examined.
The Company is not a party to the contractual relationship between the Client and its contractual partners – third persons providing health care services and other services (suppliers of services).
The Client shall assert any claims for liability for defects related to the Services against the third parties providing these Services.
In case of suspicion that something is wrong after the Procedure, the Client is obliged to come for a check-up and let himself be examined free of charge by specialists of the Company's contractual partners.
If the Client is abroad and a check-up at the Clinic where the Procedure was performed on him is not possible, he should visit a local specialist, and subsequently follow the instructions below:
- If the problems or shortcomings can be captured on camera (in cases of cosmetic surgery and cosmetic dentistry), the Client should take a few sharp front face and side face photos and send them for evaluation to firstname.lastname@example.org
- Send by email a copy of the opinion of the specialist who carried out the check-up
- Describe the symptoms of problems or the reason for dissatisfaction in detail and in his own words
The Company shall obtain a professional opinion from the specialist who performed the Procedure, or shall ask another specialist for an opinion.
If the cause of the problems can be indicated clearly on the basis of the steps described above and if the guarantee conditions of the particular Clinic and of the Procedure performed on the Client apply to this cause, the Company shall arrange a necessary medical examination for the Client, and possibly also a date of a revision procedure and interpreting, free of charge and in compliance with the guarantee conditions.
A complaint must be made without undue delay after the Client discovers the reasons for a complaint, but not later than within the time limit prescribed by legal regulations.
These Terms and Conditions shall be available at the registered office of the Company and on its website. The provisions of the Terms and Conditions shall form an integral part of this Contract.
The Company reserves the right to alter the Terms and Conditions (primarily as a result of changes in legislation, introduction of new services, etc.), to amend or modify them unilaterally to a reasonable extent, with effect from the date of notification of the new text of the Terms and Conditions to the Client. The Client shall always be notified about any possible change in the Terms and Conditions on the email address he provided upon the order.
The legal relations ensuing from the provision of the Services and the contractual relations between the Company and the Client shall be governed by Czech law, particularly Act No.89/2012 Sb., the Civil Code, as amended.
In the event of a dispute, the Company and the Client shall do all their best to reach an amicable settlement. Otherwise, a court shall decide the dispute. Disputes arising out of this Contract and out of legal relations based on this Contract shall be decided by Czech courts pursuant to Czech law.
In Prague on 19/01/2016.
PRAGA MEDICA HEALTHCARE s.r.o.