Terms and Conditions
Terms and Conditions of American Health Tourism Association of Medical Services / Treatment
1.1 The customer assures AHTA that he or she is 18 years of age. He or she also assures to use the website of AHTA and its partners solely for personal and non-commercial purposes.
1.2 For the contractual relationship between AHTA and the customers with regards to the travel services mentioned in section 2.1, these general terms and conditions exclusively apply. The usage of own terms and conditions or the like by the customer is hereby rejected.
2. Subject Matter of the Contract, Payable Services
2.1 AHTA arranges the stay of the customer in USA for the purpose of availing medical service/treatment in respective hospitals, institutes or rehabilitation centers.
2.2 Therefore, there is no contractual relationship between AHTA and the customer on the medical treatment. AHTAagencies contracts are on behalf and account of the providers.
2.3 In case of booking a medical service, an agency agreement, whose subject matter is the agency of medical service, is concluded between AHTA and the user. The contractual relationship on the medical treatment as such is in fact concluded between the treating institution and the customer.
2.4 The arranged contract on the medical treatment may also be based on the terms and conditions of the provider. In it, terms of payment, provisions on the due date, liability, cancellation, rebooking and repayment – if provided – as well as other restrictions and obligations of the customer may be regulated. If AHTA has the treating institution, AHTA will forward them to the customer for his or her information.
3. Free Services
3.1 The usage of online services on AHTA’s website is free for the customer.
3.2 AHTA provides information about medical service of different institutions on its website. Under no condition does this information replace a medical examination, diagnosis or medical advice.
4. Conclusion of the Contract
4.1 The contractual relationship between AHTA and the customer is solely governed by USA law.
4.2 An agency contract on the medical services mentioned in section 2.1 becomes effective once the contract agreement, signed by both parties, is received by AHTA.
5. Terms of Payment
5.1 The terms of payment are generally aligned with the treatment contract concluded between the customer and the treating institution.
5.2 If this treatment contract does not contain anyspecification in this regard or if the customer and AHTA agreed that the commission has to be paid directly to AHTA, it is payable within 7 working days on the receipt of the respective invoice.
5.3 If the payment collection from the provided debit or credit card account is not possible due to the lack of adequate funds on the due dates, AHTA is entitled to charge the resultant additional costs incurred.
5.4 If the customer does not provide payments on the agreed dates and AHTA therefore has to send a written reminder for the payable amount, AHTA is entitled to charge late payment fees of ............
5.5 If the period mentioned in section 5.1 is not adhered to, AHTA reserves the right to withdraw from the service contract and/or assert damages to the customer.
6. Changes of Services, Cancellation,
6.1 Rebooking or cancellation of booked and confirmed medical treatment is only possible according to the contractual conditions of the treating institutions. The same applies with regards to potential expenses for the rebooking or payable partial remuneration.
6.2 In case of the customer‘s final cancelation of the treatment contract, insofar as this is possible at all according to the respective contract, the amount of the associated costs is based on the regulations of the treating institution.
6.3 Both contract parties may terminate the contract on substantial grounds. From AHTA perspective, substantial grounds are particularly given when clues exist that the customer files non-serious requests or provides non-serious information to AHTA or the treating institutions.
The customer may only set AHTA‘s claims off against counter-claims that are undisputed or determined with legal effect.
8. Customer Obligations
8.1 If an arranged medical service/treatment according to section 2.1 was not or not contractually provided, the customer may always request remedies in due time.
8.2 AHTA is entitled to find remedies by providing an equal compensatory service. However, AHTA may deny remedies if they involve a disproportionate effort or if the originally arranged medical service/treatment is bound to the customer’s personal characteristics (e.g. clinical picture) or if it is bound to or dependent on particular characteristics of the treating institution (particular expertise, specialization).
8.3 In the event of impaired contractual performance, the customer is obliged to assist in preventing or limiting possible damage as laid down in the statutory provisions.
9. Privacy and Confidentiality Obligation
9.1 The customer agrees in writing to the collection, processing and usage of his or her personal data as far as this is necessary for performing our contractual obligations. The processing of data is only used to enable communication particularly between AHTA and the medical service providers in order to provide a preferable individual and optimized treatment.
9.2 All of the customer’s personal data provided to AHTA will not be forwarded to third parties which do not necessarily need this data for the provision of services or which do not participate in the provision of services. Exceptions are legal or official regulations or directives which obligate AHTA to disclose personal data.
9.4 AHTA commits to keep secret any facts which the company becomes knowledgeable about when performing the contract, unless the customer reliefs AHTA in writing from this obligation. Exceptions are the institutions which are responsible for the provision of the services and explicit addressees of evaluation, e.g. banks. The required informational content is exactly specified and if necessary restricted in the individual contracts with the different institutes. The confidentiality obligation continues to exist after the end of the contractual relationship.
10. Special Obligations and Liability of the Customer
10.1 Preliminary inquiries may not contain incorrect information and have to have serious intentions. The inquirer is liable towards AHTA for culpably incorrect information – if the statutory provisions apply.
10.2 The customer is obligated to treat the information which was provided by AHTA as confidential and not to communicate them to unauthorized third parties. In case of a culpable violation of this obligation, AHTA may claim damages against the customer.
10.3 The customer is obligated to protect his personal data from third party access. In case of unauthorized usage by a third party, the customer is liable for potential data abuse. The just-mentioned does not apply if abuse as well as access took place without the customer’s fault.
10.4 The customer is obligated to confirm the personal data, which is stored in the system, by presenting an official document such as ID card or passport.
10.5 In the event of impaired contractual performance, the customer is obliged to assist in preventing or limiting possible damage as laid down in the statutory provisions.
11. Liability of AHTA
11.1 AHTA is not liable for agency success and/or the actual/fault-free provision of medical services/treatment itself, but only for carrying out the agency with due care and diligence of a prudent merchant. Without explicit agreement or promise regarding this, AHTA is also not liable for the customer’s personal injury and property damage which may arise in connection with the arranged medical services.
11.2 If AHTA has not assumed a respective contractual obligation by an explicit agreement with the customer, AHTA is not liable for the conclusion of contracts which meet the respective booking desire with the arranged treatment institution.
11.3 A potential own liability of AHTA arising from the culpable violation of the agent obligations remains unaffected by the abovementioned regulations.
11.4 Insofar as a potential breach of obligation concerns non-contractual primary requirements of AHTA, liability is limited to cases of willfulness and gross negligence.
11.5 The customer may review profiles of medical service providers on AHTA’s website. Correctness, up-to-dateness and content of these profiles are not part of AHTA’s responsibilities. AHTA does not carry out checks of these profiles, and is not obliged to carry out regular checks. For Correctness, up-to-dateness and content of external links, e.g. links to partners, AHTA does not accept any responsibility whatsoever.
11.6 AHTA may also not be held accountable for programming errors or errors in translations into other languages. AHTA is not obliged to keep its website accessible at all time. AHTA is entitled to interrupt this service completely.
12. Severability Clause
If individual regulations of these General Terms and Conditions should be or become, after contract conclusion, completely or partly ineffective, the validity of the service contract with AHTA is otherwise not affected.