LogiHealth – Logistics & Health Services GmbH

General terms and conditions (“GTC”)

LogiHealth – Logistics & Health Services GmbH (hereinafter referred to as LHS) is a company specialising in the procurement of medical services (as the main service). LHS also provides necessary or desired ancillary services to its clients within the framework of the procurement of medical services.

These contractual conditions (hereinafter referred to as “GTC”) govern the legal relationship between LHS as intermediary and the client.

These contractual conditions do not regulate the legal relationship between the client and the provider of medical services.

1. Conclusion of contract

1.1.

By submitting this inquiry, the client offers LHS the opportunity to submit an offer to conclude an agency contract. The request can be made in writing, orally, by telephone or electronically (e-mail, Internet).

1.2.

Once all necessary information has been provided, LHS will examine the possibilities of a check-up/treatment of the customer or the patient and send the result of this check-up, including a cost estimate, to the client.
The brokerage contract is concluded on the basis of this offer if the client confirms this by express declaration of acceptance or accepts it by implied conduct, such as by making payment.

1.3.

LHS acts exclusively as an intermediary for all services, in particular, medical and health check-ups/treatments, provided by clinics, rehabilitation centres, doctors, physiotherapists and wellness facilities. The customer therefore always concludes two separate contracts:

• a) an agency agreement for the brokerage service with LHS (“brokerage agreement”); these General Terms and Conditions shall apply to this brokerage agreement; and
• b) a further contract for the provision of the specified service with the respective service provider (“service contract”), for example the provider of the medical and / or health service. The rights and obligations of the customer towards the respective contractual partner of the mediated service shall be governed by the respective agreements made with the health partner, in particular its contractual conditions.

2. Payment terms, periods and delays

2.1.

Invoicing for LHS’s own services is carried out regularly by LHS.

LHS may issue invoices for the brokered services (“external services”). However, external services are regularly invoiced separately by the external service provider.

LHS invoices are due in full within ten (10) days of the invoice date (receipt of payment by LHS). This applies both to the services brokered by LHS under the Service Agreement and to LHS’s own services. As an agent for external services, LHS shall forward the corresponding partial amounts immediately and in full to the respective service providers on behalf of the client/patient after receipt of payment.

Any other agreements shall require the written form and the prior consent of LHS.

2.2.

An advance payment of 100% of the internal and external services shall apply to all clients of LHS.

Since health partners of LHS particularly work with risk surcharges, a detailed service invoice is issued after completion of treatment; in the event of overpayment, the client or patient will be reimbursed for overpayments.

2.3.

Payments must be made with the transaction number shown on the invoice. If payment is not received in accordance with the agreed payment periods, LHS shall be entitled to withdraw from the mediation contract after issuing a reminder and setting a deadline. If this is the case, the client/patient can be charged with cancellation costs according to point 5.

2.4.

If the offer is confirmed and accepted less than 28 days before the start of the check-up / treatment, payment of the total price is due immediately upon acceptance of the offer by the client/patient.

2.5.

LHS shall charge the client/patient fees of credit card companies or banks incurred by LHS in connection with the handling of payments. The client/patient will be informed in advance about the corresponding charges. In addition, LHS shall be entitled to pass on any charge-back charges for unpaid credit card charges or bank debits to the client/patient. There is no entitlement to performance without complete payment.

2.6.

If no payment has been received within ten (10) days of the invoice date, a payment reminder with a payment deadline will be sent within five (5) days.

Fifteen (15) days after the invoice is issued, the first request for payment shall be sent automatically with default interest at the rate of 2.50 percentage points above the respective base interest rate of the Deutsche Bundesbank. The payment in arrears after this request for payment has to be settled within five (5) days after dispatch of the reminder.

If no payment has been booked after this period, the second request for payment will be sent with default interest at a rate of 5 percentage points above the respective base rate of the Deutsche Bundesbank. The arrears following this second demand for payment shall be settled within five (5) days of dispatch.

If no payment has been booked after expiry of the last deadline, LHS expressly reserves the right to assert a claim in court and to withdraw from the contract.

3. Services

The services that are contractually agreed are specified in the service descriptions provided by LHS according to the offer. The information contained in the offer is binding for LHS. However, LHS expressly reserves the right to explain to the client/patient any justified changes in performance and prices before the conclusion of the contract for objectively justified, substantial and unforeseeable reasons. A pre-contractual price change may become necessary in particular for the following reasons:

• a) due to an increase in costs for services not provided by LHS or due to a change in the exchange rates applicable to the relevant services,
• b) if the services requested by the customer are only available through the purchase of additional services.

3.1 Conveyance

LHS is not responsible for travel to and from Germany; LHS customers themselves are responsible for all travel to and from Germany as well as flights to the place of performance (the place where the service is to be provided by the service provider in accordance with the offer), unless otherwise agreed in individual cases.

At the request of the customer, however, LHS is happy to provide information on outpatient and private flights to and from Germany (or the place of performance according to the offer) and to book these flights or conveyances for the client/patient as intermediaries.

3.2 Children discount

The age of accompanying children on arrival is decisive.

Irrespective of this, each accompanying child and its age must be stated at the time of booking.

3.3 Special requests

LHS endeavours to comply as far as possible with special requests of the client/patient which are not listed in the general offer. However, the actual fulfilment of the special request shall not be binding unless this has been expressly agreed by contract.

3.4 Travel extension

An extension of the stay at the destination is only possible after consultation with LHS or the accommodation in good time, provided that appropriate accommodation options are available. The costs for an extension or other rebooking are to be paid immediately on site or to LHS.

4. Changes in services and prices

4.1 Changes or deviations of individual services

Changes or deviations of individual services which become necessary after conclusion of the contract and which were not brought about by LHS in bad faith shall only be permitted if the changes or deviations are not substantial and do not impair the overall design of the stay. Any warranty claims shall remain unaffected if the modified services are defective. LHS undertakes to inform the client immediately of any changes or deviations in performance. In the event of a substantial change in an essential mediated service, the client is entitled to withdraw from the contract or to demand the service at a later point in time.

4.2 Changing the price

LHS reserves the right to adjust the prices confirmed with the booking accordingly in the event of an increase in charges for certain services or the introduction of new charges, such as a change in the exchange rates applicable to the trip in question or a change in the VAT rate, as well as any increase in local charges and fees.

5. Order cancellation by the client/patient, rebooking

5.1 Cancellation of the order by the client/patient

In the event of cancellation of an order already confirmed by the client/patient, the order processing fees and the services of the personnel involved are to be paid by the client/patient as follows:

28 days before the planned check-up / treatment = 10% of the total sum plus 19% VAT

14 days before the planned check-up / treatment = 20% of the total sum plus 19% VAT

07 days before the planned check-up / treatment = 30% of the total sum plus 19% VAT

05 days before the planned check-up / treatment = 50% before the total sum plus 19% VAT

The client/patient is at liberty to prove no or a lower damage than the amounts mentioned above.

5.2. Rebooking

Changes regarding the date of stay, medical treatment, accommodation or transport can only be made at the request of the client/patient after withdrawal from the contract and simultaneous re-registration. This does not apply to rebooking requests, which cause only minor costs.

In individual cases, LHS may waive the cancellation fee and charge a rebooking fee per person in accordance with the following period (up to 30 days prior to departure 25.00 euros).

In addition, LHS shall be entitled to invoice the client for the additional costs actually incurred. Any changes requested by the client after the deadline has expired can only be carried out after withdrawal from the contract under the conditions set out in section 5.1 and by re-registration, insofar as this is possible at all. This also does not apply to rebooking requests, which cause only minor costs.

6. Unused services

If the client/patient does not make use of individual services as a result of early return travel or for other reasons for which he is responsible or can no longer make use of them due to the passage of time (e.g. delay to an appointment), LHS shall endeavour to reimburse the service providers for the expenses saved. This obligation shall not apply where the benefits concerned are completely irrelevant or where reimbursement cannot be made possible.

However, the client is not entitled to a refund.

7. Cancellation of the contract due to extraordinary circumstances

If the performance of services after conclusion of the contract is rendered impossible or made considerably more difficult, endangered or impaired not only temporarily due to unforeseeable force majeure, both the client and LHS may withdraw from the contract. In the event of rescission prior to the commencement of performance, the client shall be reimbursed the total price paid without delay. There is no further claim. If the aforementioned circumstances arise after the commencement of the provision of services, both parties may also withdraw from the contract. LHS may demand reasonable compensation for services already rendered or to be rendered. Additional costs, e.g. for premature termination and related cancellation costs for medical treatments and / or ancillary services such as overnight stays, shall be borne by the client.

8. Obligation to cooperate and rights of the client/patient

8.1 Cooperation with medical services, spa and rehabilitation treatments

Before registering for a check-up/treatment by LHS, the client/patient is advised to inform LHS comprehensively about his state of health and the aim of the check-up/treatment (existing doctor’s letters, diagnoses, medication, imaging diagnostic documents). On the basis of this information, LHS will find a specialised medical service provider (health partner) who will also draw up a cost estimate for the check-up / treatment to be carried out on the basis of this information.

In connection with the performance of the contract, LHS shall store the personal data of the client/patient in accordance with the EU Basic Data Protection Regulation (DSGVO) and/or the Federal Data Protection Act (BDSG) and undertakes to use such data exclusively in the interest of the client/patient for the performance of the service to be rendered.

The personal data of the client/patient according to the EU Data Protection Basic Regulation (DSGVO) and / or Federal Data Protection Act (BDSG) will also be stored during the course of treatment and used exclusively in the interest of the client/patient for the performance of the service to be provided.

LHS does not owe any medical information or instruction about the consequences, risks and side effects of the check-up / treatment to be carried out by the medical service providers without express agreement. This shall apply irrespective of whether LHS is only an agent for these services or whether LHS is obliged to perform in this respect.

8.2 Notice of defects / remedy

If a service is not provided in accordance with the contract, the client/patient can demand remedy. The client/patient shall be obliged to notify LHS immediately of any defect that has occurred. If he culpably fails to do so, the price shall not be reduced.

The client/patient will be informed about the availability of LHS on-site in his home country.

If the stay is considerably impaired as a result of a defect, the client/patient can reduce the total price or cancel the contract. The termination is only permissible if LHS has allowed a reasonable period of time determined by the client/patient to elapse without remedying the situation. A deadline shall not be set if the remedy is impossible or refused by LHS or if the termination of the contract is justified by a special interest of the client/patient.

8.3 Loss of luggage / Damage to luggage / Delayed luggage

LHS urgently recommends that damage or delays in delivery during air travel be reported immediately on the spot to the responsible airline by means of a damage report (P.I.R.). Airlines usually refuse refunds if the claim form has not been completed.

9. Limitation of liability

9.1.

LHS’s contractual liability for damages is limited exclusively to LHS’s brokerage services.

LHS accepts no liability for services which are merely arranged as external services (e.g. excursions, sports events, theatre visits, exhibitions) and in particular for services which are provided by health partners such as clinics, rehabilitation centres, doctors, physiotherapists, wellness facilities, laboratories, etc., if these services are expressly identified as external services in the description and prior to the booking confirmation and with the indication of the arranged contractual partner in such a clear manner that they are clearly not part of the services of LHS for the client/patient.

9.2.

A claim for damages against LHS is limited or excluded to the extent that a claim for damages against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions due to international conventions or statutory provisions based on such conventions and applicable to the services to be provided by the service provider.

9.3.

The liability for injury to life, body and health as well as for gross negligence on the part of LHS is not excluded.

10. Exclusion of claims and statute of limitations

The client/patient must assert claims against LHS immediately after contractually stipulated termination due to non-contractual performance of the service.

11. Passport, visa and health requirements

Upon request, LHS will inform the client/patient about passport, visa and health regulations for Germany (or the relevant destination country) prior to conclusion of the contract and about any changes thereto prior to commencement of travel.

A liability for completeness and correctness of the information is not assumed. The responsible consulate will provide information for all foreign clients / patients.

LHS shall not be liable for the timely issue and access of necessary visas by the respective diplomatic representation. The client/patient is responsible for compliance with all regulations that are important for the execution of the trip. All disadvantages, in particular the payment of cancellation costs arising from non-compliance with these regulations, shall be borne by LHS, except if they are caused by grossly negligent or intentional misinformation or non-information on the part of LHS.

12. Invalidity of individual provisions

The invalidity of individual provisions shall not result in the invalidity of the entire brokerage contract.

All changes and/or additions require the prior written consent of LHS.

13. Application of law/place of jurisdiction

Contractual and legal relationships shall be governed exclusively by German law. The exclusive place of jurisdiction for fully qualified merchants, for persons who do not have a general place of jurisdiction in Germany and for persons from abroad who are clients of LHS, as well as for actions against LHS shall be Berlin.