Terms and Conditions

Global Medical Assistance Ltd Terms and Conditions

These Terms and Conditions

These terms and conditions (the “Conditions”) govern any booking or purchase made with Global Medical Assistance Limited, a company registered in England and Wales with company number 08899061 and with registered office at 10 Barley Mow Passage Suite 2S.04, London W4 4PH (the “Company”).

If you do not agree with these Conditions, please do not proceed with making any purchase or booking with the Company.

These Conditions are our entire agreement. No previous statements or representations that the Company has made form part of the Contract unless they are included herein. This includes samples, drawings, advertising, catalogues and other promotional or descriptive material.

Treatment Packages

2.1 You may book a treatment package with the Company, which includes a combination of surgery, accommodation, private transfers, host and pre-operative tests (if required) the “Treatment Package”). By proceeding to book a Treatment Package, you agree to these Conditions. You will also be required to sign a separate patient agreement as part of the Treatment Package.

2.2 The Treatment Package offered by the Company is prepared on the basis of email exchanges, telephone conversations and/or video consultations, and is based purely on the information (including pictures, test results, prescriptions and x-rays) provided by you.

2.3 The hospital, private clinic, surgeon or any other medical professional providing you with a consultation, examination, medical procedure/care and aftercare (each a “Service Provider”) will review the information provided in accordance with clause 2.2. The Service Provider may alter the Treatment Package during an in-person visit, and neither the Service Provider nor the Company will be liable for any loss caused as a result of the Treatment Package being amended.

2.4 If the Service Provider makes changes to your Treatment Package, you do not need to proceed. You may inform the Company of your decision, and you will receive a refund of charges paid (excluding payments made for tests and consultations). The Company will also not refund any travel costs paid by you, on the basis that travel plans are arranged with third party providers, and the Company has no control over such costs.

Our Obligations

3.1 When providing the Treatment Package to you, the Company will provide you with the following:

3.1.1 information about the Treatment Package;

3.1.2 information about the price of the Treatment Package;

3.1.3 information about visa and passport requirements;

3.1.4 information about health formalities for travel and your visit.

3.2 The Company will provide you with the following information regarding your journey, in advance of your departure:

3.2.1 times and places of any stopovers or connections; and

3.2.2 the details of the Service Provider (including name, address and telephone number) or of an agency in the country you are travelling to, which can be contacted if you require any assistance.

3.3 By booking the Treatment Package, you agree that the Company can provide your personal details (including your medical history) to the Service Provider in Turkey.

Your Obligations

4.1 You must:

4.1.1 read through all literature and documentation the Company provides you with, and ensure you understand it;

4.1.2 ensure you have:

(a) a valid, acceptable passport;

(b) a visa, if required;

(d) any other documentation required to travel to the country where you will receive the Treatment Package;

4.1.3 take responsibility for any missed flights or other missed travel arrangements (this is not the responsibility of the Company); and

4.1.4 pay any fines or costs accrued because of your failure to comply with any of this clause 4.

4.2 You are advised to seek advice from your own GP before proceeding to book the Treatment Package.

4.3 If the Company or Service Provider cannot provide the Treatment Package to you because you have prevented either of them from doing so (for example by causing delay or by omission), the Company may terminate these Conditions and stop providing the Treatment Package to you. In this case, you are responsible for your own losses or costs.

Charges

5.1 The Company will inform you of the price of the Treatment Package, which includes the costs of surgery, accommodation, private transfers and the necessary medications to be used following the surgery.

5.2 Once you agree to proceed with the Treatment Package, you must immediately pay the Company a £500 deposit to secure the date of the surgery (the “Deposit”). Without the Deposit, the surgery date is not secured, and the date may be given to another customer.

5.3 The Deposit is refundable if you wish to cancel the Treatment Package up to 30 days prior to the surgery date. From 30 days up until the date of the surgery, the Deposit is non-refundable.

5.4 You are required to pay the balance of the Treatment Package prior to the date of the surgery and, at the very latest, to the Service Provider on the date of the surgery. Failure to make payment shall result in the surgery being cancelled, and clause 5.5 below shall apply.

5.5 If the Company or the Service Provider decides to cancel the surgery for whatever reason, you will be refunded the full amount of charges paid (excluding for pre-paid tests and examinations), except if the reason for the cancellation is that you chose not to proceed with the Treatment Package, you provide false medical information or some other reason that is caused by your act or omission.

5.6 In the event that you provide false medical information, you will be charged the Deposit plus 50% of the cost of the Treatment Package.

5.7 The Company will not be responsible for cancelling a surgery where circumstances arising which are outside the Company’s control, including but not limited to:

5.7.1 flight delays or cancellations;

5.7.2 terrorist activity or war;

5.7.3 civil unrest or strikes;

5.7.4 bad weather;

5.7.5 earthquakes; or

5.7.6 some other Act of God.

Confidentiality

We agree to keep your information confidential, and not to disclose it to anyone else except the Service Provider. This clause survives termination of these Conditions.

Liability Limitations

7.1 You understand the Company is not a provider of medical treatment, and as such is not regulated by any regulatory body. The Company shall therefore not be liable for any issues associated with the Treatment Package, including for any malpractice claims.

7.2 The Company does not provide medical advice and is not medically qualified. The Company is not responsible for any complaints regarding the Treatment Package.

7.3 The Company acts as a facilitator between you and the Service Provider. Completion of the Service Provider’s forms creates a contractual relationship between you and the Service Provider.

7.4 The Company’s liability under these Conditions shall not exceed the price of the Treatment Package.

7.5 These Conditions do not limit the Company’s responsibility for death or personal injury caused by negligence, fraud or any other matter which cannot be excluded by law.

Data Protection

8.1 Under these Conditions, the Company will be the data processor of your Personal Data. The Company will hold your medical records in the strictest confidence, and only share it with those that need to access this information to provide the Treatment Package.

8.2 The Company shall comply with all applicable controller obligations under the Data Protection Law.

8.3 When disclosing any Personal Data to the Service Provider, the Company shall ensure that it has compliant fair processing notices.

8.4 Without limitation of the above, when receiving any Personal Data from you, the Company shall:

(a) process the Personal Data only for the Agreed Purposes;

(b) not disclose or allow access to the Personal Data to anyone else, except as permitted by the Data Protection Law;

(c) ensure that it has in place appropriate technical and organisational security measures, in accordance with the Data Protection Law; and

(d) ensure there are appropriate safeguards in place or an applicable derogation for a specific situation, in order to transfer the Personal Data outside the EEA, as provided for under the Data Protection Law.

8.5 The Service Provider shall be the data processor of the Personal Data.

8.6 The Company shall ensure that it has compliant fair processing notices, and where necessary consents, in place to enable the lawful transfer to and processing by the Service Provider of the Personal Data for the Agreed Purposes.

8.7 The Company will ensure that the Service Provider shall, in relation to the Personal Data processed by it in connection with the performance of these Conditions:

(a) process the Personal Data only on the written and lawful instructions of the Company;

(b) ensure that all personnel who have access to and/or process the Personal Data are obliged to keep the Personal Data confidential;

(c) ensure that it has in place appropriate technical and organisational security measures as required by the Data Protection Law;

(d) be generally authorised to appoint third party sub-processors on terms which are substantially similar to those set out here including any sub-processors identified in these Conditions;

(e) assist the Company in responding to any request from a data subject and in ensuring compliance with the Company’s obligations under the Data Protection Law with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

(f) notify the Company without undue delay on becoming aware of a personal data breach and assist the Company with its Data Protection Law obligations in respect thereof taking into account the nature of the processing and information available to it;

(g) at the written direction of the Company, delete or return the Personal Data and copies thereof to the Controller on termination of these Conditions unless required by the Data Protection Law to store the Personal Data; and

(h) maintain complete and accurate records and information to demonstrate its compliance with the above and allow for audits by the Company.

8.8 In respect of the Personal Data:

(a) the scope, nature, purpose and duration of processing;

(b) the types of personal data and

8.9 In this clause 8:

(a) Agreed Purposes: means the processing necessary for the performance of these Conditions as identified herein;

(b) Controller, data subject, personal data, personal data breach, processor and processing: are as defined in the GDPR (and process and process shall be construed accordingly);

(c) Data Protection Law: means the General Data Protection Regulation (EU) 2016/679 (GDPR), the UK Data Protection Act (as amended or replaced) and any other applicable data protection or electronic privacy laws, regulations and decisions in force from time to time; and

(d) Personal Data: means your personal data to be shared between the Company and the Service Provider, as necessary for the performance of these Conditions as identified herein.

General

9.1 The Company may assign, transfer, charge or sub-contract its rights and obligations under these Conditions, but you may not do so unless the Company has consented in writing.

9.2 No third party may rely on any terms of these Conditions.

9.3 The Company may change these Conditions from time to time. Please check back regularly to ensure you are up to date.

9.4 If either party wishes to provide a notice to the other, the party must do so in writing and either email it, deliver it or send it by first class post to the other’s registered office (or another address specifically given to the sender for this purpose) or email address. Delivery by post will be regarded as completed by 9:00 am on the second day after posting. Email will be regarded as completed at the time of transmission. This arrangement does not apply to the service of any documents in legal proceedings.

9.5 Delay in exercising a right under these Conditions will not remove that right or any other right.

9.6 The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to these Conditions or any breach of it.

9.7 Any dispute shall not affect the parties’ ongoing obligations under these Conditions.

9.8 These Conditions, and any non-contractual right arising hereunder, are governed by English law and the courts of England and Wales will have the exclusive right to deal with any disputes arising from it.