Terms and Conditions
1 SUBJECT OF AGREEMENT
1.1 The “Patient” intends to procure medical services from clinics contracted by WGZM and services from “WGZM”.
2 RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1 The “Patient” reports to – eventually with accompanying individuals – to the WGZM department responsible for the coordination of treatments in order to jointly participate in the agreed treatment slots.
2.2 The “Patient” makes available to “WGZM” all documents and diagnostics relevant to the treatment, such as the medical letters, x-rays, medical analysis, lab results etc. in Arabic, German or English language. The medical reports submitted by the Patient are the basis for the calculation of a budgetary proposal.
2.3 Whereas the “Patient” exempts “WGZM” from her obligation of confidentiality.
2.4 Whereas “WGZM” shall use any of the patient’s data to the sole purpose as stipulated in the Treatment Contract. Whereas the patient may decide at her/his sole discretion as to whom she/he whom will gain access to the results.
2.5 On the basis of the diagnosis “WGZM” decides about treating physician and attendance of the patient in the appropriate clinic, and persons, who accompanying him. “Patient” receives from “WGZM” a written discretionary cost estimate for the examination and treatment of the patient and all requested additional services. “WGZM” informs the patient about anticipated start date and duration of the treatment.
2.6 “WGZM” responsibilities:
а) to provide medical treatment and general care of the “Patient” during his stay at the clinic.
- b) to organize non-medical services, including airport-clinic-airport transfer, escorts and interpreters, hotels booking, visa management service, etc.
- c) to create a budgetary cost estimate and, accordingly, to define the down payment to be paid by the “Patient” for medical and non-medical services. The basis for the cost calculation are the prices for treatment and general service charges as well as optional services for accommodation and living currently valid at the respective clinic.
- d) The budgetary cost estimate for the treatment further includes the efforts for non-medical services: (travel management for the patient’s transfer to Germany; upon arrival in Germany medical care and organisatory support during the entire process of diagnostics and treatment, as well as, if desired, the organization of a second opinion, medical consultation and relevant support, supplementary services upon request and as need be, such as video conferencing, external consultancy from Germany for entities abroad, the patient as well as the organization of a second opinion without travel to Germany).
- e) to provide the “Patient” with a final binding invoice of the cost incurred for medical as well as non-medical services after completion of the treatment. The advance payments made will be deducted from the final invoice.
- f) any unspent balance will be credited to your credit card. The total outstanding amount under the final invoice will be charged to your credit card. You made the decision to pay by credit card, which means that VISA / Master / Maestro / American Express will charge a fee of 5% of the invoiced amount, which will be further included in the invoice amount.
2.7 If the patient is still abroad and needs to receive an invitation to enter Germany:
The patient and the accompanying person can only receive an invitation to enter Germany, if “WGZM” has received in its bank account the full amount stated in the budgetary cost estimate. After “WGZM” received the amount equivalent to the budgetary cost estimate the “Patient” will receive an invitation and the confirmation of the duration of the treatment. These documents together with the application for visa must be submitted to the German embassy in charge.
3 PAYMENT TERMS
3.1 If the patient accepts the budgetary proposal, the total amount calculated must be paid to “WGZM” in advance or upon arrival of the patient.
3.2 The “Patient” transfers the full amount in accordance with the budgetary proposal provided by “WGZM” no later than 7 days before the arrival of the “Patient” for treatment and sends to “WGZM” a copy of the payment order as proof of payment by fax or e-mail.
3.3 Whereas in the event of cancellation of the already paid treatment program a cancellation needs to be submitted in writing no later than 7 working days before the start of treatment. In this case, “WGZM” returns to the “Patient” the paid amount minus the applicable cancellation fee.
3.4 Whereas during the treatment a cost over-run occurs for good reason, the additional amount exceeding the budgetary quotation need to be borne and paid by the “Patient” to “WGZM” without undue delay.
3.5 If the final total cost is less than the previously paid amount, the difference is returned to the “Patient”. If the final invoice exceeds the amount paid based on the budgetary quotation, the “Patient” must pay the difference within two weeks after receipt of the final invoice.
4 VALIDITY OF AGREEMENT
4.1 The term validity of this agreement is set to the expected period of treatment, including the preliminary survey and subsequent rehabilitation or supervision.
4.2 The agreement may be terminated only in the event of critical circumstances.
4.3 All supplements and alterations to this Agreement are valid if they are made in writing and signed by both parties.
5 FORCE MAJEURE
5.1 In the event of force majeure, i.e., circumstances beyond the control of the will of the parties (fire, natural disasters, floods, explosions, accidents, heating systems, water and sewer networks, civil war, riots, acts of terrorism), occurred after the conclusion of this agreement, preventing the fulfillment of obligations of the parties hereunder, and making it impossible to perform these obligations, fulfillment of provisions of this agreement shall be suspended for the duration of these circumstances.
5.2 The party claiming force majeure shall inform the other party without delay thereof and shall carry the burden of proof upon request to do so.
6.1 The parties shall commit to respect the confidentiality of information obtained during the performance of this agreement.
6.2 Confidential hereunder is information:
- about scope and content of the agreement;
- information on the state of health of the “Patient”, the diagnosis of the disease, and other information obtained during the examination and the treatment.
7 SETTLEMENT OF DISPUTES
7.1 Any dispute arising out of the performance of this agreement shall preferably be resolved amicably by negotiation.
7.2 Whereas the place of jurisdiction is Munich. The laws of Germany shall apply.