TERMS & CONDITIONS
PART I. PRELIMINARY STATMENTS
DeBerri/OMNIA Medical’s activities
Linking people living abroad with clinics or hospitals and doctors or surgeons working in France, Linking them with travel agents, airlines, hotels, restaurants, performers, all providers of concierge services . Assistance in organising the trip: administration and logistics.
Prior to the signing of these the Clients acknowledge they have been informed that: DeBerri/OMNIA is neither a clinic nor a hospital and neither does the company intend to practise medicine or provide any medical or paramedical service. All services offered by clinics or hospitals are their own responsibility and that of practitioners attached to them.
Health Facilities provide services in accordance with their own terms and conditions. Some of these conditions may limit or exclude all or part of the responsibility of Health Facilities to their clients. In particular, these conditions may exclude any liability for death, injury or medical error. It is the responsibility of the undersigned client to become aware of possible.
Terms and Conditions of health facilities before committing themselves. Any document produced or any agreement made with the Health Facilities cannot be the responsibility of DeBerri/OMNIA.
DeBerri/OMNIA is not a travel agent under the provisions of Articles L.212-1 et seq of France’s tourism regulations (Code du Tourisme) and is not intended to be. All services offered and or services provided by service partners, are the responsibility of the latter.
PART II. – CONVENTIONS_____________
Article 1. – Definitions
1.1. -“Client” means anyone who notes, books, orders and buys a service offered on the site.
1.2. – “Service” means any service offered on the site.
1.3. – “Site” refers to the infrastructure developed by DeBerri/OMNIA according to comput-er formats used on the Internet, including data of various types, such as text, sound, still or moving pictures, videos, databases, intended to be visited or seen by the clients to become fully aware of the services offered.
1.4. – “Internet” means various networks of servers located in various locations around the world, linked together through communication networks, and communicating using a specific protocol known as TCP/IP.
Article 2 . – Orders
Orders regarding all of the services offered on the site must be placed on-line from the website of the DeBerri/OMNIA platform or by email exchanges with DeBerri manager via firstname.lastname@example.org Orders imply that the terms and conditions have been accepted. Any dispute in this re-spect will come under the framework of a possible exchange and of the guaranties men-tioned below. DeBerri/OMNIA commit themselves to honour the orders received on the site or by email only within the limit of availability of the services and that of their partners.
Article 3 . – Validity of the order
In all cases, the provision of a credit card number along by the final confirmation of the order ( via the web platform or by email exchanges) will be worth as evidence for the en-tire order as provided by the Loi du 13 Mars 2000 adapting the law of evidence to Infor-mation Technology and dealing with the electronic signature and will cause the sums incurred for the order to become due and payable, in the conditions laid down below un-der Article 5.
This validation is legally valid and considered like a genuine signature and express ac-ceptance of all operations carried out on the site. However, in case of fraudulent use of their credit card, the clients are required, upon the finding of such use, to immediately contact DeBerri Medical customer services by calling the following phone number: +33 1 73 79 44 30.
The records stored in DeBerri/OMNIA computer systems under conditions of reasonable safety, will be considered as evidence of communications, orders and payments between the parties. It is expressly agreed that, except in cases of obvious error made by DeBerri/OMNIA, the data stored in the information systems of the Company have probative value as to orders placed by the client. Digital or computerised data are valid evidence and, as such, are admissible under the same conditions and with the same evidential value as any docu-ment created, received or retained in writing.
The filing of orders and invoices is carried out in a reliable and sustainable format in or-der to correspond to a faithful and sustainable copy in accordance with section 1348 of the Civil Code.
Article 4. – Quotations – Services
4.1. – Customised Quotes
Within seven days after providing all medical files and documents needed -and provided that the files, including the forms to be completed have been fully filled in- DeBer-ri/OMNIA through secure channel will forward a customised quote, which will be accom-panied by a comment either during a phone interview or by phone or videoconference. Acceptance of the quotation will remain at the discretion of the clients and their responsi-bility. In the event that, it would not be possible to establish a custom quote, because of information supplied (including medical ones), the client will be notified within the same period of time. DeBerri/OMNIA ’s mission cannot get started before the quotation has been accepted, dated and signed by the client.
4.2. – DeBerri/OMNIA offer clients the following services:
- Medical Agenda
- Connection with highly experienced medical teams,
- Pre travel medical opinion,
- Coordination of your pre and postoperative medical exams & consultations,
- Administrative assistance.
- Premium assistance
- Travel procedure support
Article 5. – Rates – Payment – Cancellation
5.1. – Rates
Medical bills and DeBerri/OMNIA coordination services are presented to the client sepa-rately so the client has a full detailed quote of his medical stay. All prices can be altered at any time without previous warning, particularly when health facilities and/or Service Providers change their price-lists. Prices become final at the sig-nature, by the client, of an agreed estimate defined in consideration of its own specific features. The prices are quoted in euros and include all taxes. They take into account the amount of VAT applicable on the date of the order, but exclude the taxes and fees not expressly referred to. The rate in force on that day will be applied. Any change of VAT rate will be reflected in the price of services. Prices will not be modi-fied once the client’s order has been placed, except in the event the latter would claim services not included in the original estimate. Prices are guaranteed at the date when the order is placed.
5.2. – Terms of Payment
Payments can be made: by wire transfer or credit card
Payments will be made as follows:
- Medical estimate / quote will be settled upon approval by the client -before traveling to France- along with an extra deposit amount of 20% of the total medical quotation in case any extra analysis and exams are to be made when in France. The deposit will be immediately refunded at the end of the stay in France provided that all bills have been settled.
- DeBeri services quotation/travel procedure support and medical management will be settled upon validation as well.
- Both Medical and DeBerri/OMNIA services bills will be settled before traveling to France.
5.3. – Cancellation
Any cancellation by the Client of this contract will lead to the following payments: – In the event of cancellation by the client more than 15 days before the date set for the management of the client on French territory, the amount paid when the contract was signed (50% of the total) will remain vested in DeBerri Medical and the clinic. – In case of cancellation by the client less than 15 days before the date set for the man-agement of the client on the French territory, the latter shall pay all the amounts due to DeBerri/OMNIA and the clinic under this contract. The clients acknowledge they have been informed that in case of cancellation of their order by DeBerri/OMNIA particularly because of the inaccuracy or omission of essential information they would not have provided on their health status or condition (particularly when filling the pre-diagnosis form), the current article shall apply.
Article 6. – Confidentiality
DeBerri/OMNIA does everything in its power to ensure the confidentiality and security of data transmitted over the web.
Article 7. – Personal data
DeBerri/OMNIA agrees to comply with all operative legal provisions relating to medical confidentiality. DeBerri/OMNIA staff does not have access to the contents of pre-diagnosis questionnaires, nor to those of email correspondence with the clinic or the practitioner or any other document including medical information.
The confidentiality of exchanges between the patient, physicians and surgeons is guar-anteed through a system of encryption when capturing and storing data. Only solicited doctors or surgeons have access to the medical information on the patient. DeBerri/OMNIA reserves the right to collect data on the client being understood however that they will remain strictly confidential and will not be disclosed to third parties. The cli-ent is informed that such an Automatic Processing of Personal Data has been declared to the CNIL (the French Data Protection Authority) under the number of HpK0103486y on the 11th November, 2010.
Pursuant to the Act of 6 January 1978, the client has a right of access, opposition, rectifi-cation of data concerning him, either directly online or by postal mail to DeBerri Medical, at the following address: OMNIA, 3, rue d’Astorg – 31000 TOULOUSE, FRANCE.
Article 8. – Liability
Throughout all the stages of the ordering process and during the steps following the con-clusion of the contract, DeBerri Medical has an obligation of means. DeBerri/OMNIA commits itself to describe the services sold on its site with the greatest accuracy. The information which will be communicated to its client by DeBerri/OMNIA come from third parties such as health establishments or Service Providers.
DeBerri/OMNIA cannot be held liable for any information item supplied to them by third parties. All information obtained on www.deberri-medical.com, or through DeBerri/OMNIA cannot in any way engage the responsibility of DeBerri/OMNIA.
Under no circumstances DeBerri/OMNIA via its Internet platform intervenes in the pay-ment of medical benefits; neither can DeBerri/OMNIA be asked for any refund of sums paid to one or more health facilities or to a practitioner. Similarly, if for some reason, a health care facility or a practitioner fails to fulfil their obliga-tions or fulfil them poorly, it would be the health care facility or practitioner that could be blamed and their the sole responsibility of, excluding all claim or legal action against DeBerri/OMNIA nor any of its representatives of any kind.
It is the sole responsibility of the client to obtain any permission, passport, visa or other administrative formalities as may be requested by Service Providers or national authori-ties to be able to complete the trip chosen by the client. Yet, DeBerri/OMNIA can facilitate access fast-lane visa(s).
DeBerri/OMNIA accept no responsibility and provides no guarantee for: • Tourist services • Diagnoses, • Choice of medical treatment and/or surgical procedures and their appropriateness or not • Implementation of medical treatments and/or surgery, • Compliance with medical treatment and/or surgery with the commitments made by health • Care facilities, • Security and prevention, • Any other kind of service provided by the Health Facilities, practitioner or any other person associated with them or workers related to health facilities from whom the client would have required services.
In no event shall DeBerri/OMNIA intervene in the choice of the practitioner or Health facility, such a choice being under the sole responsibility of the Patient, DeBerri/OMNIA cannot be liable for such a choice.
DeBerri/OMNIA is not responsible for any acts, errors, omissions, promise, warranty, negligence, or breach of contractual obligations from health facilities, practitioners or any other person associated with health Facilities or service providers, neither is it responsible for any physical Injury, death, material damage or any other resulting damage or expenses.
The client acknowledges that all medical, surgical or other benefits can provide a risk. Therefore, the client declares that:
- It has obtained information or has been advised by DeBerri/OMNIA about the need to seek the advice of an independent and qualified practitioner.
- DeBerri/OMNIA has not not given any advice or opinions that a reasonable person can consider as an opinion or advice of a medical nature (including, but not limited to, any risks or side effects related to surgery).
Even if DeBerri/OMNIA may have provided information on Health Establishments, it canot be held responsible for the service delivery by health facilities or practitioners. The client agrees not to hold DeBerri/OMNIA, its subsidiaries, officers, members, employ-ees, agents, or representatives, liable for any direct or indirect damage (including, but not limited to, profit losses and/or damage resulting from inconvenience, delay, loss of utility, or physical or mental harm) related to or resulting from the use of information from the www.deberri-medical.com website or agreements made or information obtained on www.deberri-medical.com, or even not to bring proceedings in liability as he/she acknowledges using these services at his/her own risk.
In all cases, DeBerri/OMNIA shall not be made liable if the breach of its obligations will be attributable to an unforeseeable and insurmountable fact of a third party to the contract or to a force majeure event, as defined by the French case law; neither shall it be for any delay or failure due to a fortuitous event, because of the other party or a third party or ex-ternal causes such as social conflict , intervention by civil or military authorities, natural disasters, fires, water damage, interruption of telecommunications network or power grid. Similarly, the responsibility of DeBerri/OMNIA will not be engaged for any inconvenience or damage arising from the use of the Internet, including a break in service, external in-trusion or presence of computer viruses.
Article 9. – Intellectual property
All elements of DeBerri Medical ’s website, either visual or audio, including the underly-ing technology, are protected by copyright, trademarks or patents. They are the exclusive property of DeBerri/OMNIA. A client possessing a personal Inter-net site and who, for personal use, wishes to place a direct link to DeBerri/OMNIA on its website, must first submit prior written authorisation to the Company. In all cases, any unauthorised link must be removed on simple request by DeBer-ri/OMNIA.
Article 10. – Duration of the contract
The present conditions apply throughout the duration of the contractual relationship be-tween the parties.
Article 11. – General provisions
11.1. – Entire Contract The parties acknowledge that the present Contract constitutes the entire agreement be-tween them and replaces any offer, arrangement or previous agreement, written or verbal, with the exception of legal notices showing on the site and which are an indivisible whole with the present contract.
11.2. – Contract Changes No subsequent document, no modification of the contract regardless of the form will not produce any effect between the parties without taking the form of an addendum signed and dated by them.
11.3. – Nullity If any provision of this contract turned out to be invalid under the rule of existing law or a judicial decision having become final, it would be deemed null and void, without invali-dating the contract or altering the validity of its other provisions.
11.4. – Waiver The fact that either party does not claim the application of any clause in the contract or acquiesces in its breach, either permanently or temporarily, shall not be construed as a waiver by that party to the rights arising for it from that clause.
11.5. – Domicile The parties elect domicile at the addresses indicated on the order form for the client and on the address appearing on the site for DeBerri Medical.
11.6. – Applicable law and disputes The present conditions are subject to French law. The competent jurisdiction in the event of a dispute regarding the interpretation or enforcement of this contract will be the court of the location of DeBerri/OMNIA l’s headquarters.
_____________DeBerri Medical is part of OMNIA International SARL. OMNIA International SARL 3, Rue d’Astorg 31000 Toulouse France Siret: 443764832 00020