General Terms and Conditions
We kindly ask you to read the General Terms and Conditions carefully. Our General Terms and Conditions supplement the contractual and statutory provisions and govern the legal relationship between the customer and MedExpert Consulting GmbH.
Conclusion of the Contract
- All offers from MedExpert Consulting GmbH are non-binding. A contract is concluded only upon the signing of the contract form or payment of the program price invoiced to the customer. Binding scheduling of the treatment start date between MedExpert Consulting GmbH and the proposed hospital takes place only after the contract has been concluded.
- Contract-related communication generally takes place via unencrypted email, to which the Customer hereby consents. The customer shall immediately notify MedExpert Consulting GmbH of any changes to their email address and is responsible for regularly monitoring their email inbox.
- A treatment contract shall be concluded exclusively and directly between the customer and the hospital.
Prices
Unless otherwise agreed, the prices quoted by MedExpert Consulting GmbH for medical care programs are fixed package prices. These quoted package prices cover all services listed in the respective offer, including all consulting services provided by MedExpert Consulting GmbH. All prices listed on the website www.medexpertconsulting.de are non-binding.
Hospital Selection
The selection of the hospital best suited for the customer's treatment is made independently of any existing cooperation agreements between MedExpert Consulting GmbH and the hospitals. Hospitals are selected exclusively based on medical and quality-related criteria. The hospitals presented on the website www.medexpertconsulting.de do not necessarily have a contractual cooperation agreement with MedExpert Consulting GmbH.
Unused Services
If the customer does not make use of individual services that were properly offered to them for reasons attributable to them, they are not entitled to a pro-rata refund of the package price.
Termination and Withdrawal
- The customer may terminate a contract concluded with MedExpert Consulting GmbH if MedExpert Consulting GmbH culpably fails to perform contractual services. Before notice of termination is given, a reasonable period of time must be allowed for the fulfillment of contractual obligations. In the event of a justified termination, amounts of money already paid will be refunded. However, treatment costs already paid by MedExpert Consulting GmbH to hospitals for treatment services already rendered will be retained.
- The customer may withdraw from the contact with MedExpert Consulting GmbH prior to the start of the program for good cause. For example, good causes include a significant and not merely temporary deterioration in health, or the rejection of a visa application through no fault of the customer. Notice of withdrawal shall be submitted in writing. Upon the request of MedExpert Consulting GmbH, proof of the existence of good cause must be provided. In the event of a visa denial, the customer shall initiate an appeal process at the request of MedExpert Consulting GmbH.
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If the customer effectively withdraws from the contract prior to the start of the program,
MedExpert Consulting GmbH shall forfeit its claim to the contractually agreed remuneration.
However, provided the withdrawal is not attributable to MedExpert Consulting GmbH and does not
involve unavoidable, extraordinary circumstances, MedExpert Consulting GmbH may instead demand
reasonable compensation for services rendered and expenses incurred up to the time of
withdrawal, calculated as a percentage of the respective program price. MedExpert Consulting
GmbH has structured this compensation claim on a tiered basis, that is, as a fixed percentage of
the program package price determined by the proximity of the withdrawal date to the
contractually agreed program start date. The compensation is calculated based on the time the
notice of withdrawal is received:
Up to 30 days before the start of the program 20 % 29 to 15 days 30 % 14 to 7 days 40 % 6 to 3 days 50 % 2 days before the start of the program 60 %
MedExpert Consulting GmbH reserves the right to claim higher, specific compensation instead of the aforementioned flat-rate amounts, provided it can demonstrate that the expenses incurred exceeded the applicable package price. In such a case, MedExpert Consulting GmbH is obliged to specifically quantify and substantiate the claimed compensation, taking into account any saved expenses and any alternative use of the travel services. The customer is free to prove that MedExpert Consulting GmbH incurred a lower loss than the aforementioned flat-rate compensation amounts.
Protection Against Subsequent Costs and Complications
Upon conclusion of a contract with MedExpert Consulting GmbH, the customer is covered against unavoidable complications arising within the scope of the booked medical care program (MedExpert Consulting GmbH’s obligation to assume liability/costs). This obligation to provide coverage applies if, following a booked treatment, complications related to the treatment arise that necessitate further medical care. A complication within this meaning is defined as an objectively ascertainable, unexpected, and unavoidable consequence of the booked treatment that requires medically necessary treatment beyond the scope of the treatment contract. Expenses incurred as part of standard follow-up treatment provided for in the contract shall not be reimbursed. Consequences resulting from medical malpractice do not constitute a complication.
Coverage of costs associated with a complication is conditional upon the complication occurring within 3 months of the completion of the booked treatment. Another requirement is that the complication be documented by a medical certificate from a specialist. Cost coverage extends to the treatment required to medically resolve the complication that has occurred. Cost coverage is limited to a maximum amount of 200,000 EUR.
Applicable Law
The laws of the Federal Republic of Germany shall apply.