GENERAL TERMS AND CONDITIONS FOR THE USE OF ALLHOSPITAL’S WEBSITE
Latest Update: May 25th, 2018
Welcome to the website of ALLHOSPITAL, and thank you for using ALLHOSPITAL’s services (“Services”).
By using ALLHOSPITAL’s Services, you as the user (“User”) are agreeing to these General Terms and Conditions (the “Terms”). Please read them carefully.
Some of our Services are subject to additional terms. Additional terms will be available with the relevant Services and those additional terms become part of your agreement with ALLHOSPITAL if you use those Services.
1.1 ALLHOSPITAL is a service platform which purpose is the provision of a marketplace for medical service providers including but not limited to hospitals and clinics (“Providers”)
1.2 ALLHOSPITAL provides additional services to the User, each at an individual cost, including but not limited to case management, transfers, medical record translation, on-site medical interpreter, remote second opinion, organization of visa and accommodation of companion.
1.3 ALLHOSPITAL does not refer the User or other patients to specific Providers but only provides information about Providers based on the User’s needs, i.e. time frame of availability, geographic area, medical needs, etc. Thus, the User will not be allocated to any Provider but will instead be provided with a list of Providers (including the name, address, specialization, etc.) of which the User can choose one and book an appointment with.
1.4 ALLHOSPITAL discloses details and information on Providers based on data, either provided by the Providers or collected and curated from online and offline information from a variety of sources. Although ALLHOSPITAL uses reasonable skill and care in performing the Services it will not verify if, and cannot guarantee that, all information provided is accurate, complete or correct, nor can ALLHOSPITAL be held responsible for any errors (including manifest and typographical errors), inaccurate, misleading or untrue information provided by the Providers or non-delivery of information by the Providers. The website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or qualification of any Provider.
1.5 ALLHOSPITAL channels and thereby facilitates the communication between the User and Providers. In particular, ALLHOSPITAL provides different forms the User may use in order to enquire about the Provider’s medical services. Should the User and the Provider decide to conclude a contract, ALLHOSPITAL is not involved in the contractual relationship between the User and the Provider and also in no way influences the conclusion or the content of the contract. ALLHOSPITAL does not assume any rights, obligations or liabilities vis-a-vis the User out of a contract concluded between a Provider (or another third party) and the User.
1.6 ALLHOSPITAL does not provide medical services itself. The information provided on ALLHOSPITAL’s website including the information provided by the Providers and other third parties cannot replace a medical consultation or a medical examination and shall not be used to independently decide whether to commence or terminate a medical treatment.
2.2 ALLHOSPITAL Services are free for the User. The User can, however, solicit additional personal or logistical support or order other additional services for an extra charge. Before ordering a Service for which a charge applies, the exact charge amount will be displayed at the checkout page. The User will be able to review and correct the order data before clicking the button “buy service”.
2.3 With the placement of an order, the User does submit a binding offer to ALLHOSPITAL for the conclusion of a contract concerning the requested Service. The User will then receive an automatic confirmation email regarding the receipt of the electronic order which does not, however, constitute the binding acceptance of the order.
2.4 The User may request to remove their submitted personal, specific personal and medical data from ALLHOSPITAL databases at any time by sending an email to firstname.lastname@example.org. In compliance with the Privacy Policies, ALLHOSPITAL will delete or block the personal data and specific personal data of the User as soon as the User has requested to do so. However, for the purpose of being able to trace and document the history of inquiries of the User or Providers in the event of any legal disputes related to Providers contacted by the User via ALLHOSPITAL’s platform, ALLHOSPITAL will keep the first and the last name of the User and his or her email address. ALLHOSPITAL will not use this data for any other than the aforementioned reason, in particular not for any promotional purposes, after such a request from the User.
2.5 Any User who is a consumer shall be entitled to withdraw from the contract in accordance with Section 15.
3.1 ALLHOSPITAL also provides Additional Services that the User can purchase in order to streamline their medical trip organization. Each service has a different cost and will be informed by ALLHOSPITAL once the User selects these services from the Pricing section on the website. ALLHOSPITAL reserves the right to update the prices for Additional Services at its discretion and will display these prices in the general Pricing section of the Additional Services list.
3.2 The Additional Services may include but are not limited to the following:
3.3 ALLHOSPITAL will not provide the respective Travel Services itself but only assists the User in booking the respective Travel Services carried out by the Travel Service Provider. Thus, the respective agreement will only be concluded between the User and the Travel Service Provider and any declarations, queries or claims regarding the Travel Service(s) should be addressed directly towards the Travel Service Provider.
3.4 By making a booking with a Travel Service Provider (either directly or through ALLHOSPITAL as User’s agent), the User accepts and agrees to the relevant terms and conditions of the Travel Service Provider (inter alia, the Travel Service Provider’s cancellation and refund policies). Should ALLHOSPITAL purchase the Travel Service(s) on behalf the User (Section (a)), the terms and conditions of the Travel Service Provider are made available by ALLHOSPITAL via the Terms & Conditions in the purchase page. Should the User wish to review, adjust or cancel the Travel Service once the booking is made, he or she should revert to ALLHOSPITAL at email@example.com and follow the instructions from there.
4.1 ALLHOSPITAL provides Second opinion services upon request submitted by
A second opinion is an evaluation of User’s current and past condition(s), medical history, diagnosis, and treatment plan by a medical specialist. It is not a substitute for primary care. The service provided through the portal varies by condition of the User. The User should have obtained primary care from a local medical professional before using ALLHOSPITAL Second Opinion.
4.2 The User agrees and accept that: (i) the diagnosis received is limited and provisional; (ii) the second opinion is not intended to replace a full medical evaluation or an in-person visit with a physician; (iii) the medical professionals providing services through this portal do not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect the medical professional’s ability to diagnose your condition, disease or injury.
4.3 The User can choose to see the second opinion physician in person upon their availability if the medical case cannot be judged remotely even by obtaining all the necessary medical records.
4.4 The purpose of the service provided by ALLHOSPITAL’s Second Opinion is to give the User access to additional information and medical evaluation via Doctors in ALLHOSPITAL’s network of Providers. A Second Opinion ranges to all major medical specialties in ALLHOSPITAL’s website, including but not limited to general surgery, cardiology, oncology, neurology, orthopedics, dentistry, ophthalmology, and gynecology. In the case that ALLHOSPITAL does not have the right specialist in the Provider’s network, the User agrees that ALLHOSPITAL contact third parties outside of ALLHOSPITAL’s network of Providers.
4.5 By requesting any service through the portal, the User authorizes ALLHOSPITAL to collect the User’s medical records, store those records, and transmit them to the physician or physician’s appropriate for the User’s case. The User agrees that the Second Opinion will not be used in any legal dispute including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims. The User can provide medical records on behalf of a third party, by prior notification to ALLHOSPITAL that (i) the third party is a family member of the User, (ii) the User has prior consent from the third party to represent him and (iii) the third party is not able to send a request via the portal by him/herself.
4.6 The information provided to ALLHOSPITAL including the information provided by the Providers and other third parties cannot replace a medical consultation or a medical examination. The information shall not be used to independently decide whether to commence or terminate a medical treatment.
4.7 The User shall provide ALLHOSPITAL current and accurate identification, contact and other information to verify User’s identity and eligibility. The User is responsible for maintaining the accuracy and completeness of this information, and certifies that the information provided is true and accurate.
4.8 The User agrees that ALLHOSPITAL may at any time review the User’s medical records from prior to and after your interaction with the portal, and any records created as a result of services received. ALLHOSPITAL may request additional medical records, including records pertaining to care the User received after receiving the services. ALLHOSPITAL may review these records to better understand the course of treatment for User’s condition(s) including information regarding outcomes and costs, and to improve treatments and recommendations.
4.9 Upon the reception of the complete and accurate documentation, ALLHOSPITAL will gather the User’s medical records and will create a Medical Case file. In accordance to the information provided, ALLHOSPITAL will match the User’s Medical Case file with up to 3 different Doctors in ALLHOSPITAL’s network of Providers, according to the specialty which the User diagnosis falls under. The User can choose which physician will provide the User with a second opinion report from the up to 3 Doctors shortlisted by ALLHOSPITAL. ALLHOSPITAL will then collect the complete medical records in accordance to the Doctor’s needs to provide a Second Opinion. ALLHOSPITAL will confirm the User via email once the full Medical Case file is ready to be sent and will forward the information to the Doctor chosen by the User. Within 72 working hours of receiving the complete documentation from the User, the User will receive a Second Opinion report via email with the Doctor’s opinion on the User’s condition(s).
5. Cancellation Policy
5.1 The User may cancel the treatment free of charge if:
(i) A physician determines that the User is not eligible for the treatment (the User should provide ALLHOSPITAL up to two (2) weeks after cancellation, a physician’s certificate stating the User’s non-eligibility to treatment);
(ii) A physician determines that the User is not eligible for travel (the User should provide ALLHOSPITAL up to two (2) weeks after cancellation a physician’s certificate stating the User’s non-eligibility to travel);
(iii) In case of natural catastrophes such as earthquakes or wars; or
(iv) In case of death (automatic cancellation).
5.2 The User may reschedule the treatment free of charge if:
(i) The User may reschedule the appointment up to three (3) times and up to three (3) days prior to the appointment.
(ii) Should the User reschedule the appointment later than three (3) days or should the User not show up at the appointment, the cancellation fee of USD 50.00 applies.
5.3 If the User wishes to review, cancel or reschedule his or her appointment, the User should revert to the confirmation email and follow the instructions therein. Notes regarding the cancellation or rescheduling of an appointment should name the full name of the User, the respective Provider, the treatment as well as the date and the time of the treatment and should be submitted by email to: firstname.lastname@example.org
6. Rating Systems
6.1 Certain types of forums are set-up on ALLHOSPITAL’s website enabling the User (i) to provide information in order to review the services of Providers and to exchange experiences and opinions with other users, (ii) to evaluate Providers by way of a rating system and (iii) to give recommendations to ALLHOSPITAL, other users or Providers (such forums the “Rating Systems”). These Rating Systems reflect personal perceptions, experiences and assessments of the Users. The User has no right to use or to the flawless functioning of the Rating Systems and ALLHOSPITAL may shut down the Rating Systems at any time or interrupt the service.
6.2 The User shall only rate services of Providers or other third persons that he or she has personally used. The User is prohibited from making any ratings in a user forum provided by ALLHOSPITAL, if they contain untrue facts, are defamatory or if they are not permitted by law (e.g. because they are of an abusive or disparaging nature).
6.3 In the event of a violation of User’s obligation pursuant to Section 8.2, ALLHOSPITAL is entitled to delete the respective ratings and – while taking into account the relevant User’s legitimate interests – to block the User’s account temporarily or permanently.
6.4 The User agrees to the long-term storage and publishing of his or her ratings made in the forums, irrespective of a termination of User’s registration with ALLHOSPITAL.
7. User’s Obligations
7.1 The services of ALLHOSPITAL are available to individuals who are 18 years or older. The User is entitled of using ALLHOSPITAL’s Services on behalf of a third person below the age of 18, and shall inform ALLHOSPITAL of any activity performed on behalf of the afford-mentioned third person.
7.2 The User shall only provide true and up to date information to ALLHOSPITAL, Providers or other third persons on this website or in connection with Services rendered by ALLHOSPITAL.
7.3 In the event of a violation of User’s obligation pursuant to Section 8.2, ALLHOSPITAL is entitled to delete the respective information and while taking into account the relevant User’s legitimate interests – to block the User’s account temporarily or permanently.
7.4 Please refer to Section 7.2 with regard to User’s obligations in connection with the Rating Systems.
7.5 If a claim is made by a third person against ALLHOSPITAL due to a culpable violation of User’s obligation pursuant to Sections 7.2 or 8.1, the User is obligated, to indemnify ALLHOSPITAL against third parties' claims as well as against costs which may be incurred by ALLHOSPITAL as a result of an appropriate legal defence (e.g. court and lawyers’ fees). The right to claim further damage compensation remains unaffected.
8. Liability of ALLHOSPITAL for own services
8.1 Other than as expressly set out in these Terms or additional terms, ALLHOSPITAL does not make any promises or quality declarations about the Services rendered by it and does not grant any guarantees regarding those Services.
8.2 Unless stated otherwise in Sections 9.3 and 9.4, ALLHOSPITAL is only liable in the event of a deliberate act or gross negligence.
8.3 With regard to claims arising from injury to life, body or health, ALLHOSPITAL is also liable for mere negligence.
8.4 ALLHOSPITAL is also liable for simple negligence if a material contractual duty (so-called Kardinalspflicht) has been breached. Such a material duty, which endangers the performance of the purpose of a contract, is involved if the orderly execution of the contract is only possible by fulfilling the respective duty and if the User may routinely trust that those duties will be fulfilled. The User’s claim for damages in the event of a breach of material duties on the basis of mere negligence is, however, limited to damages that are foreseeable and typical for this type of contract.
8.5 Clauses to 8.4 shall also apply to ALLHOSPITAL’s legal representatives, employees or any other of ALLHOSPITAL’s agents.
9. No Liability for Services of Third Persons
9.1 ALLHOSPITAL accepts no liability for the correctness, completion and up-to-dateness of any information provided by Providers or any other third parties on ALLHOSPITAL’s website. As a service Provider, ALLHOSPITAL is, according to § 7 para. 1 of the German Telemedia Act (Telemediengesetz, TMG), only responsible for its own content that is held for use on ALLHOSPITAL’s website. However, in accordance with § 7 para. 2 TMG, as a service provider in terms of § 8 through 10 TMG, ALLHOSPITAL is not obligated to monitor transferred or stored external information or check said information for circumstances that point to unlawful activity. Irrespective of this non-responsibility under the TMG, ALLHOSPITAL’s obligations to remove or block the use of information in accordance with other legal provisions shall remain unaffected.
9.2 ALLHOSPITAL’s website contains cross references (so-called links) to websites belonging to third parties (e.g. Providers, travel agencies or certification bodies) over the content of which ALLHOSPITAL has no influence. The relevant owner or operator of the websites alone is responsible for the content of linked sites. ALLHOSPITAL does not assume any liability for this external content. The linked sites were cursorily checked by ALLHOSPITAL for possible violations of the law when they were first linked to; there was no obvious violation of the law of the content discernible at that time. However, ALLHOSPITAL does not constantly check the external content for changes which could form a new basis for a liability. Nonetheless, ALLHOSPITAL will remove a link to a third-party-website if it becomes apparent that the content of the linked website is unlawful and might result in any liability of ALLHOSPITAL.
10. Data Protection
10.1 For the Services provided by ALLHOSPITAL, it is necessary to collect, process and use personal data and a special category of personal data within the meaning of the German Federal Data Protection Act (Bundesdatenschutzgesetz), which requires the prior consent of the User. Please refer to ALLHOSPITAL’s Privacy Policies explaining under which circumstances User’s data are collected, processed and used when using ALLHOSPITAL’s Services.
10.2 The User may use this website and the information on it only for the User’s non-commercial, personal purposes.
10.3 All content of ALLHOSPITAL’s website is protected by copyright and intellectual property rights and partially originated from third parties. All intellectual property rights in the website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned either by ALLHOSPITAL, the Providers or third parties. When using the Services, the User is not granted with any licenses of ALLHOSPITAL’s intellectual property rights with respect to Services rendered and information provided by ALLHOSPITAL. Any utilisation not permitted by the copyright law requires advance written approval from ALLHOSPITAL. Downloads and copies of content from ALLHOSPITAL’s website are only allowed for private and non-commercial use.
10.4 ALLHOSPITAL is entitled to use the information, inquiries and communications (e.g. to and with Providers) provided by the User or contributions made by the User in forums et cetera for ALLHOSPITAL’s business provided that this use shall comply with the applicable data protection regulations.
11. Validity and Change of the Terms; applicable law; venue
11.1 Only ALLHOSPITAL’s Terms shall apply regarding the use of ALLHOSPITAL’s website and its Services by the User. The User’s general terms and conditions or similar regulations are herewith expressly rejected.
11.2 These Terms remain in force until they have been changed or terminated by ALLHOSPITAL. If the User does not consent with these Terms, he or she has immediately to cease the use of the Services and the User is obligated to terminate his or her user account
11.3 ALLHOSPITAL may modify these Terms or any additional terms that apply to specific Services rendered by ALLHOSPITAL. ALLHOSPITAL will make available a notice of modifications to the Terms on this website. ALLHOSPITAL will make available a notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective not earlier than fourteen (14) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If the User does not agree to the modified terms for a Service, he or she has to discontinue the use of that Service
11.4 If there is any inconsistency between the Terms and the additional terms valid for specific Services rendered by ALLHOSPITAL, the additional Terms will prevail to the extent of the inconsistency.
11.5 To the extent permitted by law, these Terms and any additional terms for specific Services rendered by ALLHOSPITAL and any disputes arising out or in connection with the respective terms shall be exclusively governed by the laws of Germany (without its choice of law provisions). The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
11.6 Any dispute arising out of these Terms and the Services shall exclusively be submitted to the competent courts in Berlin, Germany. If the mandatory statutory law does not allow this choice of venue, all claims arising out of or relating to these Terms and any additional terms for specific Services rendered by ALLHOSPITAL as well as the Services shall be litigated by the courts pursuant to the statutory law.
11.7 If any provision of these Terms is or becomes
invalid, unenforceable or non-binding, the User shall remain bound by all other
provisions hereof. In such event, such invalid provision shall nonetheless be
enforced to the fullest extent permitted by applicable law, and the User will
at least agree to accept a similar effect as the invalid, unenforceable or
non-binding provision, given the contents and purpose of these terms and