Last updated: September 25, 2018
We are glad to welcome you on the Booking Health GmbH portal with its head office located at Am Schafhaus 42, 53557, Bad Hönningen (hereinafter BOOKINGHEALTH).
§ 1 BOOKINGHEALTH Portal
1.1. BOOKINGHEALTH is an information platform that contains information about providers of medical and health services (hereinafter referred to as Medical Providers). Its purpose is to make available information on Medical Providers, their services and estimated cost for portal Users.
1.2. BOOKINGHEALTH is intended only for private persons over 18 years of age. The User is entitled to use the BOOKINGHEALTH services on behalf of a third party under 18 years of age.
1.3. Information about Medical Providers displayed on the BOOKINGHEALTH portal is based on the data communicated by the providers themselves or obtained from various online and offline sources. Information on Medical Providers provided on the portal is carefully analyzed, monitored and updated by the administrators of the BOOKINGHEALTH portal, but it is not guaranteed that all information provided is accurate, comprehensive and correct. BOOKINGHEALTH is also not responsible for any errors and misprints, inaccurate, misleading or false information communicated by Medical Providers.
1.4. BOOKINGHEALTH should not be considered as an unequivocal recommendation of a specific Medical Provider or confirmation of the quality, level and qualification of his services. The BOOKINGHEALTH portal is not a substitute for medical advice, but is purely informative.
§ 2 BOOKINGHEALTH services
2.1 BOOKINGHEALTH provides organizational services to the User, the cost of each service is calculated either separately or as a service package. A detailed inventory of services is included in the individual proposal provided to the patient or the customer.
2.2. BOOKINGHEALTH does not refer the User to specific Medical Providers, but only informs about possible options for diagnosis, treatment and rehabilitation, based on the User’s needs, including a convenient period of time, geographical location, medical indications etc. Thus, the User is provided with recommendations for possible options and with a list of Medical Providers with information on their specialization. The User has the right to choose one of them and use his services.
2.3. BOOKINGHEALTH facilitates the communication between the User and the Medical Provider, the Medical Services Contract is concluded directly between the User and the Medical Provider. BOOKINGHEALTH does not influence the doctor’s advice regarding the diagnosis / treatment.
2.4. BOOKINGHEALTH also provides the User with Additional Services that make a trip for treatment easier and faster to arrange. The cost of each service is either calculated individually or bundled into a single package.
BOOKINGHEALTH services include, but are not limited to, the following:
- Response to the request within 24 hours
- Support in selecting a clinic based on the disease type
- Accelerated request processing and doctor appointment booking
- Visa support, including a letter of an invitation from the clinic to obtain a medical treatment visa
- Letter for passport control if the visa has been granted
- Visa extension if necessary to continue examination or treatment
- Individual manager for the entire duration of the medical program
- Program coordination by the BOOKINGHEALTH doctor
- Consultations with doctors in one or several clinics
- Negotiations on optimizing the cost of diagnosis and treatment
- Account control, return of unused funds
- Medical support for 3 months following the treatment
- Assistance in purchasing and delivery of medicines
- Transfer services from and to the airport and around the city
- Air and overland medical transportation services
- Insurance against unbudgeted expenses
- Support in booking travel tickets and hotel rooms
- Medical Translator-Coordinator
- Arrangement of a consultation by correspondence with detailed recommendations for treatment
- Audit of quality control at all stages of service
§ 3 Responsibilities of the parties
3.1. Responsibilities of the User
3.1.1. The User undertakes to fulfill the prerequisites needed for a successful conduct of the treatment program. The User provides full information on the disease, otherwise BOOKINGHEALTH cannot organize an effective medical program.
3.1.2. The User is obliged to follow the recommendations of the doctor and the staff of the clinic.
3.1.3. The User is responsible both for the actions of the Patient and for the actions of the accompanying person as though they were his own.
3.1.4. The User is obliged to arrive to the clinic in time for diagnosis or treatment.
3.1.5. If the User is not a resident of the country, he leaves the country of diagnosis and treatment once the medical program is completed.
3.2. Responsibilities of BOOKINGHEALTH
3.2.1. BOOKINGHEALTH is the organizer of the medical program and services. BOOKINGHEALTH is responsible for the organization of the program specified in the Proposal.
3.2.2. The Medical Services Contract is concluded between the User and the Medical Provider.
3.2.3. The Service provider does not influence doctors' recommendations regarding diagnosis / treatment. All liabilities for the quality of medical services are assumed by the Medical Provider.
3.2.4. BOOKINGHEALTH bears no responsibility for the User’s visa application refusal by consular authorities, for actions of passport and customs authorities, as well as in the event of force majeure circumstances.
§ 4 Termination of the Agreement
The User has the right to withdraw from the Agreement within fourteen days without specifying the reasons, stating this in clear form (for example, by a letter and e-mail). The period is calculated from the moment the Agreement is signed. To do this, it is enough to send the form within the specified period to the following address:
Address: BOOKING HEALTH GmbH, Am Schafhaus 42, 53557, Bad Hönningen, Germany
Phone: +49 228 972 723 20
Fax: +49 228 972 723 13 20
In case of actual withdrawal from the Agreement, BOOKINGHEALTH returns all funds received, except for already incurred costs and the cost of services already rendered.
Additional conditions for termination of the Agreement are specified in the Medical Services Contract.
§ 5 Confidential Information
5.1. The User undertakes to provide BOOKINGHEALTH with all necessary medical information (medical records, epicrisis, excerpt from the outpatient card etc.). The User gives to Medical Providers a confidentiality release towards BOOKINGHEALTH concerning medical information, thereby giving BOOKINGHEALTH the opportunity to fulfill the terms of the Agreement.
5.4. After the User’s account is closed, BOOKINGHEALTH will not use this information for any other purposes, in particular for advertising purposes.
§ 6 Limitation of Liability, Indemnification
6.1. BOOKINGHEALTH is an information and analytical portal designed to search for Medical Providers and doctors of the required specialization, qualifications, working experience, or medical services.
Information about doctors displayed on the Site is obtained by the BOOKINGHEALTH Administrators directly from Medical Providers or from doctors themselves, or from other online or offline sources. The BOOKINGHEALTH administrators take measures to verify this information and exclude false information.
6.2. The BOOKINGHEALTH administrators take all measures to verify the information to be displayed on the Site that has been provided by Medical Providers and doctors, including information on the availability of the license. At the same time, the BOOKINGHEALTH administrators check whenever possible that the information is up to date.
6.3. Information about medical services, doctors’ specializations, diseases, diagnostic methods and treatment options is provided for reference purposes only. The BOOKINGHEALTH administrators do not guarantee its reliability and compliance with modern scientific achievements.
6.4. The BOOKINGHEALTH administrators strongly recommend to seek qualified medical help by contacting doctors of respective specialization directly, including those whose profiles are displayed on the portal. The BOOKINGHEALTH administrators are in no event responsible for the quality of medical services provided by doctors or Medical Providers whose profiles are displayed on the portal.
6.5. With the exception of the cases specified in this Agreement and the Medical Services Contract, BOOKINGHEALTH does not give any guarantees for the quality of medical services provided by Medical Providers.
6.6. Using the BOOKINGHEALTH portal, the User confirms his consent to these Terms and takes over all risks and liabilities arising from the use of the portal, including financial risks.
§7 Protection of intellectual property
7.1. All information provided on the BOOKINGHEALTH portal including texts, layouts, logo, site functional structure, organization system is the property of BOOKINGHEALTH and is protected by copyright law.
7.2. Any use, publication or reproduction of materials presented on the portal without the written permission of BOOKINGHEALTH is prohibited. When using any information from the BOOKINGHEALTH portal, active link referring to the source is mandatory.
7.3. All materials displayed on the site can be used only for informational, non-commercial purposes. Any copying of information aimed at preparing commercial offers is illegal and will be prosecuted under the laws of Germany.
§ 8 Force Majeure
8.1. Legal doctrine defines Force majeure as an event coming from outside, which cannot be foreseen and prevented with the greatest diligence possible. Typically, these events affect the Agreement parties from the outside and cannot be taken into account by the parties when drafting the Agreement. Even though the maximum possible diligence cannot prevent such an event, then this is a force majeure case. Unpreventable events are, for example, a fire, natural disasters, and military actions of any kind or any restrictions by the authorities.
8.2. If any circumstances prevent a Party from complying with any of its obligations under this Agreement, the affected Party shall notify the other Party of the onset and termination of such circumstances not later than 7 days from the date of their occurrence. If these circumstances cannot be eliminated, then both parties can terminate their contractual relationship, which is recorded in writing
8.3. Documents of the relevant bodies will be a proper proof of the above circumstances.
§ 9 Applicable law
9.1. All disputes and disagreements arising as a result of the implementation of the Agreement shall be resolved through negotiations. All claims must be submitted in writing. For presentation of claims and causes under the Agreement, a one-month period after the end of the treatment is set. Once the deadline has expired, no claims can be made, except in cases of gross violations of the Agreement terms.
9.2. In case it is impossible to reach common solution by peaceful means, all disputes shall be brought in the court of first instance in the territory in which the Service Provider has its registered office, if the User does not have its own jurisdiction in the Federal Republic of Germany.
§ 10 Effect of specific provisions of the Agreement
In the event one clause in this Agreement is or becomes legally invalid, then the remaining clauses of the Agreement will not be affected.
§ 11 Changes to the Agreement
BOOKINGHEALTH reserves the right to make changes to the terms of this Agreement at any time by displaying a new version on the Site with an indication of the date of updating. It is the User’s sole responsibility to check the text of the Agreement published on the Site regularly for any changes or updates.