1.
MedRoyal s.r.o., Company ID: 241 86 911, having its registered office at Husova 122, CZ 28401 Kutná Hora, file no. C 186791, a company registered at the Municipal Court in Prague (hereinafter the “Intermediary”) acts as an intermediary between a natural person (hereinafter the “Client”) and a provider of health services (hereinafter the “Provider”), who provides the requested health service (hereinafter the “Intervention”) to the Client.
2.
These General Terms and Conditions (hereinafter the "Terms and Conditions") define the mutual rights and obligations of the Intermediary and the Client when they conclude a contract for the mediation of an Intervention by the Provider (hereinafter the "Contract").
3.
The Contract is concluded on the basis of a prior order of the Client (by phone, email) by sending the so-called "Binding Reservation" (hereinafter the "Reservation") to the Client's email. The Reservation contains specified elements listed in the following paragraph and the reference to these Terms and Conditions. The Contract shall become effective upon the advance payment made pursuant to paragraph 5 of these Terms and Conditions.
4.
The elements of the Reservation shall include, but are not limited to: identification of the contracting parties, consultation date, confirmation of the date of the Intervention, specification of the Intervention, specification of the Provider, price of the Intervention and payment terms, conditions, etc.
5.
The advance payment shall be due within 5 days after the Reservation is sent to the Client's email, to the Intermediary´s account IBAN: DE63 8505 0100 0234 9083 35, BIC: WELADED1GRL. In most cases, the advance payment shall be 20% of the price of the Intervention, but not less than EUR 400. By making the advance payment, the date of the Intervention specified in the Reservation becomes binding and the Client declares they are eligible for the Intervention. The advance payment is only refundable under the conditions set out herein below.
6.
The remainder of the price of the Intervention as well as all other costs related to the Intervention are paid directly on the spot to the Provider before the Intervention.
7.
The Client is required (for some procedures) to undergo a pre-operative examination prior to the planned Intervention. The Intermediary informs the Client in writing about the details of the necessary pre-operative examinations, which means in particular a list of the necessary examinations and information on whether the examination can be performed by the Provider or whether the Client is obliged to arrange the examination themselves. If the Client arranges the pre-operative examinations themselves, they must send the results in the predefined range to the Intermediary no later than 5 days before the planned Intervention. The Intermediary is not responsible for late or incomplete sending of the results of the pre-operative examination.
8.
The Client has the right to change the date of the Intervention once before the consultation with the Provider in writing or by e-mail, under the conditions listed below:
• change of the date 30 days or more before the Intervention: for a fee of EUR 50
• change of the date 16 to 30 days before the Intervention: a fee amounting to 50% of the advance payment made, not exceeding EUR 500
• change of the date 1 to 15 days before the Intervention: a fee amounting to 80% of the advance payment made, not exceeding EUR 700.
A replacement date of the Intervention must be arranged no later than 6 months from the original date.
9.
In case of cancellation of the Intervention for reasons on the part of the Client, the Intermediary is entitled to a fee amounting to 100% of the advance payment made, however, not exceeding EUR 900. The maximum limit of the fee amounting to EUR 900 does not apply in the following cases, where it will be charged in the amount of the entire advance payment made, i.e. without the limitation of the maximum amount:
• the Intervention is not carried out after consultation with the Provider due to negligence or false statements or concealment of facts regarding the Client's health condition,
• the Client fails to excuse their absence at least 24 hours before the agreed date of the Intervention,
• the failure to deliver or delivery of incomplete pre-operative examination results.
10.
If the Intervention is cancelled after consultation with the Provider
• due to a temporary contraindication established by the Provider, the Client undertakes to arrange a replacement date for the surgery, which will be no later than 6 months from the original date. In that case, the advance payment, less the handling fee of EUR 150 and the cost of any pre-operative examination (if not paid by the Client on the spot to the Provider), will be used for the replacement date,
• due to a permanent contraindication established by the Provider, the Client will be refunded the full advance payment less the handling fee of EUR 250 and the cost of any pre-operative examinations (if not paid by the Client on the spot to the Provider)
• despite being indicated for the surgery, the Client will be refunded the full advance payment less the handling fee of EUR 350 and the cost of any pre-operative examinations (if not paid by the Client on the spot to the Provider).
11.
The cancellation fee will be deducted from the advance payment made. In the event that the Client is entitled to a refund of all or part of the advance payment, this claim shall be settled within 30 days.
12.
If the Intervention is cancelled by the Intermediary or the Provider for reasons attributable to them, the Client shall receive a full refund of the advance payment made.
13.
If the date of the Intervention cannot take place due to force majeure or other reasons beyond the control of the Intermediary, no legal claims can be made against the Intermediary or the Provider.
14.
Accommodation booked by the Intermediary can be cancelled free of charge no later than 3 days before arrival. In case of later cancellation, the room cancellation fee according to the price list of the accommodation provider must be paid. The cancellation fee will be set off against to the advance payment made.
15.
Any information provided by the Intermediary to the Client is based on the Intermediary's previous experience with the cooperating Providers, is of a general nature only and does not replace individual medical advice.
16.
The Intermediary shall consult planned Interventions on the basis of information provided by the Clients with selected cooperating Providers at the discretion of the Intermediary, before the Intervention, during the stay at the Provider´s, after the Intervention, in order to meet its obligations under the Contract and the proper provision of the requested service. For the purpose of performance of the Contract, the Client is entitled to dispose of the content of the post-operative communication, and only in communication with the Provider for an unlimited period of time.
17.
The Client is responsible for the content of the information provided by them.
18.
The Intermediary is not liable for the Interventions and related medical services provided, transport and accommodation in clinics or hotels, as these services are subject to a contract made between the Client and the Provider, hotel and transport operators or taxi drivers. In the event of a complaint about the aforementioned services, the Intermediary undertakes to provide the Client, at the Client's request, with all necessary assistance.
19.
The Intermediary shall not be liable for defective performance or delay in the event that this has been caused by the Client, a third party or force majeure.
20.
The Intermediary reserves the right to unilaterally change these Terms and Conditions with effect from the date of publishing a new version thereof on the Intermediary's website. In that case, the Intermediary is obliged to notify the Client of such a change.
21.
Section 1829 of the Civil Code shall not apply to the relationship established by the Contract, i.e. the Client cannot withdraw from the Contract within 14 days, as this is a statutory exception, which is set out in Sections 1838 and 1840 of the Civil Code. In the event of withdrawal by the Client, paragraphs 8, 9, 10 and 11 of these Terms and Conditions shall apply.
22.
The Intermediary, as the controller of the personal data provided to it by the parties on the basis of the Contract, undertakes to process such personal data in accordance with legal regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. Information related to the processing of the Client's personal data is provided on the website www.medroyal.cz and the Client declares that by concluding the Contract they have read this information.
23.
Any disputes between the Intermediary and the Client shall be decided by competent courts in Prague.
Kutná Hora, 2 January 2024
MedRoyal s.r.o.
