“Kliniki Germanii” hereinafter referred to as the “Contractor”, represented by the current legal entity MCHC EOOD (EIK: 206620177) on the basis of the charter, on the one hand, and the user of the site kliniki.de
hereinafter, the «Customer», on the other hand, agree to accept the terms of this agreement, which comes into force from the moment the Customer pays the Contractor’s invoice. The invoice indicates the data of the Contractor and the Customer, the scope of services provided by the Contractor, the final price of services, as well as other data. The invoice is valid without the Contractor’s signature.
hereinafter, the «Customer», on the other hand, agree to accept the terms of this agreement, which comes into force from the moment the Customer pays the Contractor’s invoice. The invoice indicates the data of the Contractor and the Customer, the scope of services provided by the Contractor, the final price of services, as well as other data. The invoice is valid without the Contractor’s signature.
Subject of the contract.
The Contractor undertakes, during the term of this Agreement, to ensure the organization and provision of organizational and service services (hereinafter referred to as “services”) during a diagnostic examination and possible treatment in Germany.
All financial issues related to the organization and implementation of examination (diagnosis), treatment and treatment-related activities are agreed and resolved by the Customer only with the Contractor.
1.2 The Contractor provides the Customer’s clients with the following services: initial processing of documents, selection of a clinic and attending personnel, visa support, organization of a doctor’s appointment, supervision of a patient during treatment, and so on. The cost of the Contractor’s services is indicated in the appendix to the contract, which is an integral part of it.
Obligations and rights of the parties.
2.1. The customer undertakes:
— timely make payments to the Contractor for the services rendered;
provide the Contractor with all the necessary information (invoices, extracts from the medical record, epicrisis, etc.) for the settlement of the cost of the services provided;
comply with the required entry and exit regulations in force in the country of examination and treatment.
2.2. The Contractor undertakes:
providing intermediary services in fields of: organization of treatment, interpretation and translation, remote consultations. Keeping records of the types, terms, volumes, cost of services rendered, as well as funds received from the Customer;
immediately notify the Customer of the following events:
about the circumstances that have arisen that may lead to a reduction in services;
on the identification of a disease (condition) in the Customer’s clients, in which treatment and examination are not included in the agreed scope of services;
on the need to provide the Customer with a service that is not included in the list of services provided by the Contractor;
provide visa support;
transfer medical documents to customers to the Customer (extract, prescriptions, certificates, etc.);
to carry out the optimal selection of a medical institution / specialist;
organize consultations and carry out contractual formalities with clinics / specialists;
organize a meeting/seeing off of the Customer’s clients at the airport;
organize the support of a qualified interpreter;
to select a hotel and book a room;
purchase medicines at the expense of the Customer for the prescribed treatment;
The Contractor has the right to require the Customer to properly fulfill the obligations assumed by him under this Agreement;
The Customer has the right to require the Contractor to properly fulfill its obligations under this Agreement.
Confidentiality.
3.1. The Parties undertake mutual obligations to maintain confidentiality in relation to information received in the course of fulfilling the terms of this Agreement. The transfer of information to third parties, except for persons directly involved in the performance of services on the part of the Contractor, or other disclosure of information recognized as confidential under this Agreement, can be carried out only with the written consent of the other Party and in cases established by the current legislation of the country where the treatment is performed.
3.2 The data of the customers of the Customer of citizens are processed and stored in accordance with the law of the Russian Federation on data protection No. 152-FZ «On personal data», with the exception of citizens of the European Union. The data of citizens of the European Union is stored and processed on the basis of the data protection law of the European Union General Data Protection Regulation
The order of calculations.
4.1. Preliminary calculation of the cost of the services provided under this Agreement is carried out on the basis of the provided primary medical information / extract from the medical record (episode). The Contractor conducts a preliminary calculation of expenses and issues a preliminary Invoice for the services provided.
4.2. The customer pays the Contractor 100% of the cost of his services. Payment is made by bank transfer to the current account or in cash on the spot before the start of treatment.
4.3. One-time and additional payments / expenses that are not included in the preliminary estimate are paid by the Customer or his clients according to the accounts / invoices issued by the Contractor (medical interpreter services, patient transfer services, etc.) in cash on the spot.
The total amount of the Agreement is determined and agreed upon by the parties on the basis of a preliminary estimate/invoice for diagnostics, treatment and treatment-related activities. In the event that the volume of examination, treatment, operations and post-operative measures exceeds the total preliminary amount of the Contract, the patient undertakes to pay the difference (by bank transfer or in cash) separately on the invoice.
4.5. The Contractor, upon the fact of the services rendered, issues the final invoice to the Customer.
4.6. At the end of the treatment, the final payment is made according to the invoices for medical services and acts of work performed for the services of an interpreter and transfers. In case of overpayment in relation to the preliminary Invoice (clause 4.1.), the Contractor undertakes to reimburse the difference to the Customer. In case of underpayment in relation to the preliminary Invoice (clause 4.1.), the Customer undertakes to reimburse the difference to the Contractor.
4.7. Prices for services can be changed by agreement of the Parties and are issued in accordance with clause 7.2. actual agreement.
Responsibility of the parties.
5.1. The Parties may file mutual claims in writing regarding violations related to the execution of this Agreement during the entire term of the Agreement. If there are claims from one Party and with the consent of the other Party, the guilty Party must provide explanations within 3 days, correct omissions and take into account the requirements contained in the claim in subsequent work.
5.2. None of the Parties shall be liable for the full or partial failure to fulfill any of their obligations under this Agreement, if the proper fulfillment of this obligation was impossible due to the occurrence of force majeure circumstances. «Force majeure» means force majeure circumstances that arose after the conclusion of the contract/agreement as a result of extraordinary events that cannot be foreseen or prevented by reasonable measures and which the party cannot influence and for the occurrence of which is not responsible. Such circumstances do not include, in particular, violation of obligations on the part of counterparties of the Parties, lack of goods or services on the market necessary for the provision of services under this Agreement, lack of necessary funds from the Parties.
5.3. The term for the fulfillment of obligations under this Agreement is postponed in proportion to the duration of the force majeure circumstances.
5.4. The Party, for which it became impossible to fulfill the obligation due to force majeure, is obliged to immediately notify the other Party of the occurrence, expected duration and termination of the named circumstances.
5.5. The effect of such circumstances must be documented by the relevant competent organization or state body.
5.6. In case of late payment by the Customer of the Contractor’s invoices or evasion of their payment, the Customer shall be liable in the amount of 0.1 percent per day of the delayed payment (penalty). The payment of interest does not release from the fulfillment of obligations under this agreement.
5.7. The Contractor is not responsible for medical services provided by clinics or doctors, and for the duration of the doctor’s wait, as well as for any other services provided by a third party. Claims received from the Customer’s client regarding and results of treatment are sent by the Contractor to the clinic providing treatment.
Notifications and messages.
6.1. All notices and communications sent by the Parties in connection with the execution of this Agreement must be made in writing in Russian.
6.2. The Parties undertake to notify each other within three days of any change in their addresses or bank details in Russian.
Validity, modification and termination of the Agreement.
7.1. This Agreement shall enter into force upon payment of the Contractor’s invoice. The contract and the invoice do not require signing by the Parties and terminate by mutual agreement of the Parties in writing.
7.2. The terms of the Agreement may be amended or supplemented by the Parties in connection with the adoption of relevant legislative acts or at the suggestion of one of the Parties. The proposals of the Party to change or supplement the terms of the Agreement are considered by the other Party within 1 week from the date of their receipt by this Party. Changes and additions to this Agreement will be considered valid if they are made in writing and signed by both Parties.
7.3. This Agreement may be terminated before its expiration by mutual agreement of the Parties, executed in the form of an Agreement and signed by the Customer and the Contractor.
Settlement of disputes.
All disputes and disagreements that may arise from this Agreement or in connection with it, should, if possible, be resolved by the Parties through negotiations.
In the event that disputes and disagreements cannot be resolved through negotiations, they are subject to resolution in accordance with the current legislation of Germany.
Additional terms
9.1. The customer and his accompanying persons are responsible for all damages, including
caused by their actions against third parties, including damage to buildings and equipment.
9.2. The Contractor and its respective partners shall in no case be liable for personal and material damage caused to the Customer in Germany, not related to this contract.
9.3. In the event that the Customer’s client fails to appear at the place of provision of services or the pre-agreed services are not implemented, the Contractor undertakes to return to the Customer the amount paid on the preliminary invoice, minus the cost of the work performed by the Contractor (translations, processing of documents, requests to clinics, issuing letters of guarantee, preparation of the necessary package of documents for the patient to receive an entry medical visa, reverse transfers, telephone conversations, etc.).
9.4 In case of payment of invoices directly to clinics or doctors by the Customer, and a dispute arises on financial issues between the Customer and the clinic or doctors, the Contractor does not take part in the settlement of disputes, does not clarify the correctness of the invoices, does not apply for a refund.
Details of the parties are indicated in the invoice of the Contractor