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Terms and Conditions of Service

1 Services of medicalfly GmbH

Medicalfly’s service consists exclusively of arranging transport and organisational services (travel booking, hotel reservation, making appointments with the clinic).

Medicalfly is not a tour operator, the implementation of booked trips is not part of our (binding /)contractual obligations. Individual contracts are concluded with the tour operator, the airline, the hotel and the clinic itself.

Medicalfly only acts as an intermediary between the clinic and the customer. The contracts for medical treatments are concluded directly between the customer and the clinic. Therefore, liability on the part of medicalfly for claims regarding the provision of these treatments to the clinic and in particular for treatment errors is excluded.

The operation, medical pre- and post-treatments as well as any other medical ancillary services are external services of the clinic, which are only mediated by medicalfly.

The information, such as prices, travel times, etc. are based exclusively on information provided by the responsible service providers. The fulfilment of the mediated services as such is not part of the contractual obligations of medicalfly.

There is therefore no liability on the part of medicalfly for the proper provision of services by the service provider.

2 Conclusion of contract

The agency contract is concluded when the customer signs the order confirmation.

Unless expressly agreed otherwise, the deposit payment in the amount of the agreed sum must be paid within 7 working days of the conclusion of the contract. The amount paid will be deducted from the total.

The rest of the amount is due upon arrival at the hospital.

3 Re-booking process

For the re-booking of the hotel and / or the flight, the agent charges a processing fee of EUR 50.

For the re-booking of the operation date up to 3 months before the specified operation date, the mediator charges a processing fee of EUR 50.

For the re-booking of the operation date from 30 days before the specified operation date, the agent charges a processing fee of EUR 150.

For the re-booking of the operation date from 14 days before the specified operation date, the agent charges a processing fee of EUR 250.

Any additional costs for re-booking or partial travel allowances to be paid depend on the conditions of the hotel, the airline or the clinic.

4 Withdrawal from the surgery

When cancelling, note the cancellation costs (No. 5).

Insofar as flights, hotels or clinic services have already been booked in a binding manner, we expressly point this out to other costs on the part of the service providers, the amount of which we have no influence on.

The cancellation must be made in writing, by post or by email.

5 Cancellation costs

We do not charge you any costs for our mediation work when the treatment is carried out.

If the customer cancels more than 30 days before the date of the operation, we will charge you a processing fee of EUR 250.

If the customer cancels less than 30 days before the operation date, we will charge you a processing fee of EUR 500.

If the customer cancels less than a week before the operation date, we will charge you a processing fee in the amount of the deposit paid or to be paid.

6 Liability

Medicalfly GmbH only acts as an intermediary between the customer and the relevant service providers. The intermediary is therefore only liable for the careful selection of the service providers and the contractual disclosure of the information. The information on flight, transfer and hotel accommodation is based exclusively on the information provided by the relevant service providers.

Liability for medical services, travel and accommodation in a clinic or hotel on the part of medicalfly GmbH is excluded, since these contracts are only concluded between the customer and the mediated tour operators, airlines, hotels, clinics and doctors. The decision on a contract with the clinic and the type of medical treatment is the sole responsibility of the customer. Our liability for damage caused intentionally or through gross negligence by us or one of our agents or legal representatives is unlimited.

In the event of damage from injury to life, limb or health, the amount of liability is unlimited even in the event of a simple negligent breach of duty by us or one of our agents or legal representatives. We are otherwise only liable for slight negligence if a duty is violated that only enables the proper execution of the contract and on the fulfilment of which the user can therefore trust (essential contractual obligation). In the event of a breach of essential contractual obligations – as long as there is no case according to number 1 – liability is limited to such damage, the occurrence of which must typically be expected.

The exclusions of liability or restrictions do not apply if we maliciously concealed a defect, have given a guarantee or are liable according to mandatory statutory provisions such as product liability laws. The above limitations of liability apply mutatis mutandis to the personal liability of our legal representatives, employees and agents. There is no change in the burden of proof associated with them.

7 Further obligations of the customer during transportation

Please note that the terms and conditions of the respective service providers named in the service description, in particular airlines, can create special obligations.

Particular attention should be paid to information in flight tickets, in particular information on compliance with check-in times and, in particular for special and charter flights, the obligation to have the outbound and return flights confirmed by the airline within a period specified by the latter.

If you do not comply with such obligations, you may lose your right of transportation without a claim for (partial) reimbursement of the travel price.

In case of baggage loss or damage, an immediate notification to the airline is required by national and international regulations. Without this, there is a risk of loss of compensation claims.

8 Entry requirements

Please note that you must comply with the applicable entry and exit regulations.

9 Place of jurisdiction

The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

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