ROYAL MEDICAL, with its registered seat located at Oldřichova 172/52, Nusle, 128 00 Prague 2, email address: [email protected] (hereinafter “ROYAL MEDICAL” or the “Company”) hereby presents you with its General Terms and Conditions (hereinafter the “GTC”). Please read these GTC carefully prior to using www.royalmedical.cz, www.royal-medical.eu or www.medicaltourism.cz websites (hereinafter the “Website”). These General Terms and Conditions constitute an inseparable part of the Medical Services Intermediation Contract concluded between ROYAL MEDICAL and the client via email communication (hereinafter the “Contract”). Prior to concluding the Contract, the client is obliged to carefully read these GTC. By entering into the Contract, the client confirms that it has read and understood the GTC and agrees to be fully bound by the GTC.
I.
The content of the Website and any other materials available on the Website are provided by ROYAL MEDICAL for general information purposes only, not for the purposes of medical consultancy. The Company shall not be liable for any damage arising from your use of or inability to use the Website. In addition, we do not provide any guarantee, expressed or implied, concerning the completeness or accuracy of the Website or its suitability for any specific purpose. Certain portions of the content or certain materials on the Website may be affected by current legislative, regulatory, judicial or other changes that have not been reflected in the GTC. The Website includes links to other sites. ROYAL MEDICAL is not responsible for the content of or protection of privacy on these linked sites. We further reserve the right to terminate your user access or other connection to the Website in case of your recurring breach of our GTC or other rules.
II.
ROYAL MEDICAL offers intermediation services in the area of healthcare and medical services in the Czech Republic and in other countries.
ROYAL MEDICAL is not in any way involved in the provision of medical consultancy services. We are not health professionals and do not provide any opinions, procedures, tests, diagnoses or treatment. All we provide is information concerning hospitals, physicians and medical service providers in connection with traveling in order for you to be able to make informed decisions. We never recommend, refer to, support or approve any specific healthcare provider, travel agency or another service provider published on our Website. The content of ROYAL MEDICAL Website, e.g. texts, pictures, photographs, videos, brochures and any other information received from our partners, is solely intended for information purposes, not as an alternative to professional medical advice. We strongly recommend our clients to consult a local physician in their country about any health issues prior to making a decision to seek treatment abroad.
You hereby agree that you assume full responsibility for the selection of a physician for a specific treatment. Our company is not liable for any treatment or other services provided by any physician, for any damage arising as a result of professional negligence or for any other damage that may arise, directly or indirectly, from such consultancy, treatment or other services.
III.
You hereby grant your express consent to ROYAL MEDICAL to provide all your personal information, including your medical records, provided to ROYAL MEDICAL for the purposes of the Contract, to medical and healthcare service providers to the extent necessary for the fulfillment of the purpose of the Contract.
You hereby grant your express consent to healthcare service providers, i.e. hospitals, healthcare centers, physicians, medical staff or other authorized persons, to provide your personal medical information to ROYAL MEDICAL to ensure fulfillment of the purpose of the Contract to the extent necessary for the fulfillment of the purpose of the Contract.
ROYAL MEDICAL acknowledges the importance of maintaining confidentiality of the information acquired from our Website users and agrees to respect their privacy and any applicable legislation. We will not sell, trade in, provide for a fee or disclose any personal information you provide to us as part of your online order, including your email address, credit card number or other personal data. The protection of our users’ personal data is of major importance for us.
IV.
It is our intention to provide ROYAL MEDICAL clients with various materials, e.g. marketing materials, invoices and itineraries, containing information on hospitals, physicians, travel destinations, travel details, etc., using oral or written form. We acquire most of the information directly. Although we seek to ensure, through our own inquiry, that the information be correct and up-to-date, we cannot always verify its accuracy. In addition, medical services provided by healthcare centers are the sole liability of each provider and are subject to such provider’s terms and conditions. Please note that the materials and documents provided to our clients are non-transferable and non-returnable, their dates are unchangeable and they are subject to fees in case of changes or cancellation. The client is obliged to get well acquainted with the applicable conditions. The exact amount of cancellation fee is often unknown until after the cancellation due to the varying reservation systems, rules and procedures used by the relevant service providers. Consequently, the client agrees that ROYAL MEDICAL is not liable for any uncertain amount of cancellation fees. Certain providers’ conditions may further restrict or fully exclude certain liability, e.g. liability for death, personal injury or professional negligence. The client’s reservation shall be governed by these GTC and by making the reservation, the client confirms acceptance of these GTC. Although ROYAL MEDICAL collects and receives all payments for medical, travel and/or other related services for the hospital, if for any reason the relevant hospital is unable or unwilling to provide the agreed services, please speak to the hospital directly, if possible, rather than to ROYAL MEDICAL. Nevertheless, ROYAL MEDICAL will do their best to ensure, in cooperation with the hospital, provision of the service or a refund of fees for a service not provided.
If you as the client pay by credit card, you agree not to claim from ROYAL MEDICAL deduction of such payment or a refund or a compensation of any other direct or indirect loss. The client further agrees that for the purposes of payment by credit card, once the client’s reservation is completed and payment forwarded to the relevant service provider, ROYAL MEDICAL shall be fully released from any obligations to the client. By accepting these GTC you waive your right to request from ROYAL MEDICAL deduction of any such payment and agree that ROYAL MEDICAL may refer to these GTC should you claim deduction of such payment. The client further assumes full liability for acquiring all the necessary health information and travel documents. The client also acknowledges that it shall not, under any circumstances, receive any travel insurance to cover the costs, or part thereof, of travel for the purposes of obtaining medical services by the selected hospital. Insurance terms are determined by travel insurance providers on a case-to-case basis; the insurance coverage of travel to another country for the purposes of obtaining medical services and/or of any existing conditions of the client’s or the client’s accompanying person’s travel may be restricted or not covered at all.
V.
All prices and travel costs quoted by ROYAL MEDICAL are in Euros, unless stipulated otherwise, and are subject to change at any time before the conclusion of the Contract.
VI.
In order to confirm their reservation, all clients are requested to pay a deposit. The amount of the deposit is based on the pricelist of medical services published by ROYAL MEDICAL and valid at the date of reservation. The deposit must be paid no later than 2 weeks prior to the scheduled commencement of the medical services arranged by ROYAL MEDICAL under the Contract.
VII.
With respect to the specific character of health and travel package deals offered on this Website, our partners may request special cancellation fees. You hereby acknowledge that ROYAL MEDICAL has no control over such fees and cannot grant any exemptions in this respect.
Airline tickets are also subject to various conditions and cancellation fees; some of them may even be non-refundable. In order to protect against these risks, we strongly recommend our clients to acquire travel insurance that can provide cover for cancellation or suspension of trip.t.
VIII.
This Website is operated by ROYAL MEDICAL for the purposes of providing information and concluding Medical Services Intermediation Contracts. While we strive to provide the most accurate and up-to-date information, the Website may contain certain technical inaccuracies or typographical errors and may be subject to change or update without notice.
The Company assumes no liability and makes no representations or warranties, express or implied, regarding the performance, safety, condition or services of any physician, healthcare provider, hospital, airplane, motor vehicle, boat, other vehicles, accommodation provider or hotel and/or any products relating to entities or services used, fully or partially, by, for or on behalf of the client. We assume no liability for any acts, errors, irregularities, presentations, guarantees, noncompliance or negligence of such service providers or for any personal injury, death, property damage or other damages or costs arising from such services.
IX.
The client agrees that ROYAL MEDICAL and its international partners are not under any circumstances liable for any damages, including but not limited to, direct, indirect, special, incidental, exemplary, punitive or consequential damages that result from any materials on this Website or any services acquired on or through this Website. The client further agrees that ROYAL MEDICAL and its partners, including but not limited to, its directors, officers, members, employees, agents, representatives, legal counsels, predecessor, successors or assignees, are not liable for any materials, websites, products or services, including any omissions or representations, of any physicians, hospitals, medical service providers, travel service and accommodation providers or other service providers. In the event of any problems with this Website or with any materials on this Website or services acquired on or through this Website, you agree that your only remedy is to discontinue using this Website.
X.
The client agrees to defend and hold harmless ROYAL MEDICAL and its partners, as well as our and our partners’ directors, officers, members, employees, agents, representatives, legal counsels, successors and assignees, from and against all claims, proceedings, damages, liabilities, damage, losses, costs and expenses, including reasonable attorney’s fees and legal costs, arising in connection with the use of any materials provided by us or any services provided based on such materials or any arrangements made on our Website or based on the information acquired from the materials or through the use of our Website, any materials on the Website or any services acquired on or through our Website, or any arrangements made on the basis of information acquired on or through the Website, as well as in the event of a breach of our GTC by the client.
XI.
The Medical Services Intermediation Contract is concluded via email as follows: an offer including, as an inseparable part, these GTC as published on the Website, is submitted to the client; the client accepts the offer including these GTC and delivers an email order to the Company. The Contract is considered concluded when the Company’s sends a confirmation of the receipt of the client’s order to the client’s email address, unless stipulated otherwise.
The concluded Contract is held with the Company; the Company shall grant the client access to the Contract upon the Client’s request.
The Medical Services Intermediation Contract is executed and should, in all respects, be interpreted and construed in conformity with the Czech law; the Contract shall be governed by the Czech law irrespective of the choice of principles of law.
Any dispute or claim arising from or in connection with this Contract shall first be referred to arbitration in the Czech Republic for resolution. The competent authority may grant the party for whose benefit the proceeding is held appropriate compensation of costs, including reasonable attorney’s fee.
Any dispute arising from or in connection with this Contract that is not resolved in arbitration shall be subject to the jurisdiction of general Czech courts. You agree that any dispute relating to this Contract will be submitted to the competent court in the Czech Republic having the local and subject-matter jurisdiction; the District Court for Prague 2 shall be the competent court of first instance. You hereby agree to be subject to the above court’s jurisdiction for the purposes of any such court proceedings. Further, you agree to refrain from rising or refusing any objections against the jurisdiction of the Czech courts or base your defense on the same. This also applies to objections or defense on the grounds of unsatisfactory form. You further agree not to initiate any court proceeding in connection with this Contract outside the above Czech courts.
ROYAL MEDICAL controls its Website from its offices located in the Czech Republic. The Website may also be accessed from other countries around the world. The laws and regulations governing website access may differ from country to country. By opening the Website both you and ROYAL MEDICAL agree that all matters relating to the use of the Website shall be subject to the laws and regulations valid in the Czech Republic, irrespective of the choice of principles of law.
ROYAL MEDICAL makes no representations as to the materials on our Website being suitable or available for use in other locations. In locations where the content is illegal, access to the Website is prohibited. Those who decide to open the Website in other locations shall do so on their own initiative and shall bear full responsibility for compliance with local law.
XII.
Your failure to comply with these General Terms and Conditions shall entitle the Company to remove any information that was previously posted on our Website by you. We can even initiate proceeding in a court if we consider it appropriate. Should your breach of these GTC result in any third party injury or damage, you agree to hold harmless ROYAL MEDICAL from and against any liability for such damage.
XIII.
ROYAL MEDICAL may change the content of these GTC should a reasonable need to do so arise, and will notify all clients with a valid Contract of such change without undue delay.
All ROYAL MEDICAL’s liabilities expire upon the mediation of the agreed service. ROYAL MEDICAL assumes no liability for any failure to provide the agreed medical service, particularly due to the intervention being impossible to perform or otherwise.
The Contract may be concluded in Czech, English, German, Russian, French Spanish, Portuguese, Italian or Chinese.
The client is entitled to withdraw from the Contract, if it is a distance contract, within a period of 14 days from its conclusion. The client shall send its notice of withdrawal to the Company’s registered seat without undue delay, however no later than within 14 days from the conclusion of the Contract.
The client expressly requests that the Company commence performance under the Contract prior to the expiry of the withdrawal period.
In the event that the scheduled medical intervention or treatment is not performed for reasons attributable to the client (withdrawal from the distance contract after expiry of the 14-day withdrawal period, failure to appear at the healthcare centre on the agreed date and time, failure to supply the requested medical documentation or other documents or information or to provide them within the agreed deadline, failure to provide the necessary assistance and cooperation in the planning and performance of the medical intervention or treatment or other reasons attributable to the client), the client agrees to reimburse ROYAL MEDICAL for any reasonable costs incurred. In the event that the scheduled medical intervention or treatment is not performed for reasons attributable to the client, as stipulated in the preceding sentence, the client further agrees to provide the physicians, hospitals, medical service providers, travel service and accommodation providers and other service providers that incur any costs or damage compensation for duly claimed and demonstrated costs or damage.
XIV.
Should any of these terms and conditions of use be invalid or unenforceable, this shall not affect the validity of the remaining conditions. You agree that as a result of your use of this Website no relationship shall arise between you and ROYAL MEDICAL that would constitute representation, employment, partnership or joint venture. You must use this Website in a conscientious and responsible way and be prepared to provide your assistance and cooperation. Our failure to act in connection with your or third party breach of these terms and conditions of use of the Website shall not constitute a waiver of our right to act in connection with any subsequent or similar breach.
XV.
For simplification purposes, the Website includes links to other Internet sites maintained by third parties which are outside the control of ROYAL MEDICAL. The Company is not responsible for the content of those sites or availability, accuracy, reliability, completeness, validity, quality, form or suitability of the information, products and services available or offered on or through such sites.
XVI.
Copyright © ROYAL MEDICAL. All rights reserved.
All materials on this Website, including its content and appearance, are the ownership of ROYAL MEDICAL and are protected by law, including but not limited to, Czech and international copyright and trademark law and other state, federal and international laws and regulations. Other names and logos included in this Website or in the materials available on this Website are our partners’ trademarks and servicemarks which must not be used without their owners’ consent.
How we process and protect your personal data according to the REGULATION 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE EU COUNCIL (General Data Protection Regulation).