We have adapted our terms and conditions for better readability and more transparency. They apply from December 14, 2023. For “order confirmations” before December 14, 2023, the therein printed terms and conditions continue to apply.
§ 1 Services of medicalfly GmbH
Within the scope of its activities, medicalfly acts exclusively as an agent for transportation and organizational services (travel reservations, hotel reservations, appointments with the clinic). medicalfly is not a tour operator, and the implementation of booked trips is not one of its contractual obligations. Individual contracts are concluded with the tour operator, the airline, the hotel and the clinic. Contracts for medical treatments are concluded directly between the customers and the clinic. Any liability on the part of medicalfly for claims regarding the provision of these treatments by the clinic and in particular for treatment errors is excluded. The surgery, medical pre- and post-treatments as well as any other medical ancillary services are third-party services of the clinic, which are only mediated by medicalfly. Information such as prices, travel times, etc. are based exclusively on information provided by the responsible service providers. The fulfillment of the mediated services as such is not part of the contractual obligations of medicalfly. Therefore, medicalfly shall not be liable for the proper performance of services by the service provider.
§ 2 Rebooking
For the rebooking of the hotel and/or the flight, the agent charges a processing fee of 50 EUR. For the rebooking of the surgery date, the intermediary charges a staggered processing fee, which we incur due to the freeing of the surgery date on the part of the clinics.
- In case of less than 30 days before the date of the surgery, possible additional cost of 250 EUR might occur for the rebooking or partial reimbursements to be paid depend on the conditions of the hotel, airline or clinic.
§ 3 Cancellation of the surgery
In case of cancellation, please note the cancellation costs (§ 4). If flights, hotel or clinic services have already been booked, additional costs may be incurred by the service providers, the amount of which we have no influence on. Cancellation must be made in writing, by post or by email. It is equivalent to a cancellation if;
• the customer does not adhere to the preoperative instructions and the procedure must therefore be canceled;
• During the preliminary examination, health factors that conflict with the procedure become known;
• the customer does not agree to the on-site treatment plan used in the travel organization. If the operation is canceled on site, the costs incurred up to that point for any pre-operative examinations will be billed directly to the patient by the hospital.If the operation has to be canceled due to a circumstance on the part of the service provider, there will be no cancellation fee.
§ 4 Cancellation fees for the mediation activity
For the cancellation of the surgery date, the mediator charges a staggered processing fee, which arises due to the freeing of the surgery date on the part of the clinics.
- If more than 30 days before the surgery date, 15% of the surgery cost.
- Less than 30 days prior to the date of surgery 30% of the surgery costs
§ 5 Liability
medicalfly GmbH acts only as an intermediary between the customer and the respective service providers. The agent is therefore only liable for the careful selection of the service providers and the contractual transfer of the information. The information about flight, transfer as well as hotel accommodation is based exclusively on the information of the corresponding service providers. Liability for medical services, travel as well as accommodation in clinics or hotels on the part of medicalfly GmbH is excluded, as these contracts are concluded exclusively between the customer and the mediated tour operators, airlines, hotels, clinics and doctors. The decision to conclude a contract with the clinic and the type of medical treatment shall be the sole responsibility of the customer. Compensation for the breach of an essential contractual obligation is limited to the typically occurring foreseeable damage, unless the injury to life, limb or health is affected. Material contractual obligations are obligations the fulfillment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner regularly relies on and may rely on. The limitation of liability shall also not apply to the user’s liability for damages resulting from an intentional or grossly negligent breach of duty by the user or an intentional or grossly negligent breach of duty by its legal representatives or vicarious agents. The above limitations of liability shall apply accordingly to the personal liability of our legal representatives, employees and vicarious agents.
§ 6 Further obligations of the customer during carriage (esp. flight).
Please note that the terms and conditions of the respective service providers named in the service description, in particular airlines, may give rise to special obligations. Particular attention should be paid to information in airline tickets, such as in particular information on compliance with check-in times and, especially in the case of special and charter flights, the obligation to have outward, return and onward flights reconfirmed by the airline within a period specified by the latter. In particular, the failure of the service provider to provide the service, for example due to unforeseen circumstances, also excludes liability on the part of medicalfly GmbH Failure to comply with such obligations may result in the loss of your right to carriage without entitlement to (partial) reimbursement of the travel price. Please also note that you must comply with the applicable entry and exit regulations.
§ 7 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.
