Terms and Conditions
Last updated: 01.05.2020
Welcome to medilane!
These terms and conditions outline the rules and regulations for the use of medilane’s Website, located at https://medilane.io.
By accessing this website we assume you accept these terms and conditions. Do not continue to use medilane if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “User”, “Patient”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Germany. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1. medilane services
1.1 medilane provides consulting and 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.
1.2 medilane does not refer the User to specific providers of medical and health services (hereinafter referred to as 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.
1.3 medilane facilitates the communication between the User and the Medical Provider, the Medical Services Contract is concluded directly between the User and the Medical Provider. medilane does not influence the doctor’s advice regarding the diagnosis / treatment.
1.4 medilane 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. medilane services include, but are not limited to, the followings:
– Response to the request within 24 hours
– Support in selecting a clinic based on the disease type
– The acceptance of the booking of the services
– Allocating each accepted booking to a medical treatment provider via such means as medilane may choose
– Keeping a record of each accepted booking
– Arranging a medical appointment for you including gathering of documents necessary for the meeting
– Dealing with feedback
– 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 medilane 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.
1.5 medilane accepts special requests only for the purpose of forwarding same to the Medical Travel Supplier. Unless explicitly agreed otherwise, medilane shall not be liable for the fulfillment of such special requests. Such requests shall neither constitute any contractual condition nor contractual basis for the facilitating agent or the booking statement of the customer. The customer shall be informed that special requests generally only become part of the Medical Travel Supplier’s contractual obligations subject to the – Medical Travel Supplier having given express confirmation to this.
2. Responsibilities of the parties
2.1 Responsibilities of the User
2.1.1 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 medilane cannot organize an effective medical program.
2.1.2 The User is obliged to follow the recommendations of the doctor and the staff of the clinic.
2.1.3 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.
2.1.4 The User is obliged to arrive to the clinic in time for diagnosis or treatment.
2.1.5 If the User is not a resident of the country, he leaves the country of diagnosis and treatment once the medical program is completed.
2.2 Responsibilities of medilane
2.2.1 medilane is the organizer of the medical program and services. medilane is responsible for the organization of the program specified in the Proposal.
2.2.2 The Medical Services Contract is concluded between the User and the Medical Provider.
2.2.3 medilane does not influence doctors’ recommendations regarding diagnosis / treatment. All liabilities for the quality of medical services are assumed by the Medical Provider.
2.2.4 medilane 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.
3. Refund and cancellation
The User has the right to withdraw from the Agreement within fourteen calendar days without specifying the reasons, stating this in written form (for example, by a letter and e-mail). The period is calculated from the moment the Agreement is signed or digitally confirmed. To do this, it is enough to send the request within the specified period to one of the following addresses:
Email: [email protected]
Address: medilane UG (haftungsbeschränkt), Brückenstr. 15, 10179 Berlin, Germany
In case of actual withdrawal from the Agreement, medilane 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.
4. Rights for changes
4.1 medilane or Medical Travel Supplier Changes
Cancellation or Rescheduling by Medical Travel Supplier or other Third Party: In the event the Medical Travel Supplier or other entity associated with the Medical Travel Supplier chooses to change the departure date, the standard cancellation charges remain effective for the original departure date. Cancellation of a tour without medilane’s consent may be subject to some cancellation charges.
4.1.1 medilane reserves the right to cancel any confirmed service. In the unlikely event a service is cancelled by medilane and medilane is unable to reschedule, all unused funds collected from any participant will be promptly refunded in full. Money is refunded to the original payer.
4.2 YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. Data usage
5.2 Unless otherwise stated, medilane and/or its licensors own the intellectual property rights for all material on medilane. All intellectual property rights are reserved. You may access this from medilane for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from medilane
- Sell, rent or sub-license material from medilane
- Reproduce, duplicate or copy material from medilane
- Redistribute content from medilane
6. Confidential Information
6.1 The User undertakes to provide medilane with all necessary medical information (medical records, epicrisis, excerpt from the outpatient card etc.). The User gives to Medical Providers a confidentiality release towards medilane concerning medical information, thereby giving medilane the opportunity to fulfill the terms of the Agreement.
7. Supplier rules and restrictions
7.1 medilane is a travel consultation service that connects Patients to Medical Travel Suppliers or Medical Service Providers based on the patient’s destination and needs. medilane does not provide, own, or control any of the medical or travel products, such as flights, accommodations, rental cars, medical treatment, or insurance. Those products are owned, controlled or made available by third parties (the “Suppliers”). The Suppliers are responsible for the travel products, medical services, insurances and other 3rd party services offered via medilane.
7.2 The Supplier’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Furthermore, the terms of the actual Medical Travel Supplier (airline, hotel, insurance, etc.) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Supplier accessed through the Website is at your own risk; medilane does not bear any responsibility should anything go wrong with your booking or during your travel unless it solely was responsible for the event.
7.3 You acknowledge that some Suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such Supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation. medilane is not liable for any costs incurred due to hotel or clinic relocation.
8. International travel
8.1 By offering reservations for travel in particular international destinations, medilane does not represent or warrant that travel to such areas is advisable or without risk. medilane will not be liable for damages or losses that result from travel to such destinations. It is your responsibility as a traveler that you read and adhere to published information and government reports about your destination.
8.2 You and any children traveling with you must be in possession of a machine-readable passport valid for 6 months after the trip return date along with all applicable visas. It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination, including stopovers. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
8.3 For up-to-date detailed information on travel documents and visas, entry/exit taxes and further information on entry and exit requirements please check with your local consular services. Obtaining and carrying these documents is your sole responsibility. medilane bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your medical trip related to improper documentation or government decisions about entry.
8.4 Health: Before departure, you should consult your doctor so they can consider your medical history and expected destinations in order to provide you current recommendations. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
9. Limitation of liability
The carriers, clinics, hotels, and other Travel Suppliers providing travel or other services on this Website are independent contractors and not agents or employees of medilane. medilane is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. medilane has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond medilane’s direct control, and medilane has no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
Subject to these Terms, you will defend, indemnify and hold medilane and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to the Website, or Intellectual Property.
11. Entire agreement: Severability
This agreement, including any other terms and conditions referenced herein, constitutes the entire agreement with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to this Website. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
12. Jurisdiction and applicable law
12.1 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.
12.2 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.
13. Protection of intellectual property
13.1. All information provided on the medilane portal including texts, layouts, logo, site functional structure, organization system is the property of medilane and is protected by copyright law.
13.2 Any use, publication or reproduction of materials presented on the portal without the written permission of medilane is prohibited. When using any information from the medilane portal, active link referring to the source is mandatory.
13.3 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.
14. Force Majeure
14.1 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.
14.2 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.
14.3 Documents of the relevant bodies will be a proper proof of the above circumstances.
15. Changes to the Agreement
medilane 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.