GENERAL TERMS AND CONDITIONS
between BookingsMed.com and Medical Institution
Bookingsmed is a registered trademark owned by World Fine Selections SRL - Strada Grivitei, 36 - ORADEA - ROMANIA - P.IVA RO41377700
Company = Clinic, Hospital, Medical Center, Medical Spa, Thermal Spa, where are present authorized doctors. The plattform is opened to all the Medical Institution regularly authorized by their National Law.
Medical Travel Agency - are Travel Agencies regularly authorized to organize transfers and trips and are medical oriented. Preferred ones are the agencies where is present a doctor or a nurse as consultant.
BookingsMed.com is a platform made for creating a direct relationship and payments between Medical Institutions and its clients B2B or B2C.
1.1 BookingsMed.com is a simple, innovative, professional, fast and secure online platform aimed at creating and promoting Business to Business (B2B) and Business to Consumer (B2C) relationships also through Web Maketing actions, Fairs, Catalogs and Social Business Network.
1.2 The use of the BookingsMed.com platform is governed by these General Terms and Conditions (hereinafter "General Terms"), which may be amended at any time and communicated to users in their new formulation by publishing online on the http website : http://www.bookingsmed.com/
1.3 These conditions govern the methods and terms with which BookingsMed.com provides its customer (hereinafter "Company") with the technical characteristics and economic conditions of the individual commercial offer chosen by the Company, as identified in the REGISTRATION FORM or with on-line registration on the link http://www.bookingsmed.com/login with which the request for activation or renewal of the service (hereinafter the "Form") is completed and submitted online or through authorized promoters.
1.4 The service is provided by BookingsMed.com through the internet, in the state of fact and law in which it is located on the date of the activation request that the Company, accepting these general conditions, explicitly declares to know and accept.
1.5 Any additional services compared to those provided in the offer may be provided by BookingsMed.com only after specific written request from the Company, according to the methods to be defined from time to time.
1.6 These General Conditions have been drawn up and prepared in compliance with and in accordance with Directive 2000/31 / EC on electronic commerce, with Legislative Decree 70/2003, with Legislative Decree 196/2003 and with Law 40/2007 (urgent measures for the protection of consumers, the promotion of competition, the development of economic activities and the creation of new businesses), are general in nature and may undergo changes made necessary by changes in the provisions of the law and regulations.
2) CONCLUSION OF THE CONTRACT
2.1 The on-line transmission to BookingsMed.com of the Form or the subscription of the same form on line at the link http://www.bookingsmed.com/login , constitutes full acceptance by the Company of present General Conditions, as well as the content of the documents, standards, provisions and procedures referred to by them, making them binding on the company. The general clauses (or also the "Terms") are an integral part of the Contract (the "Contract with the Companies" and, together with the "Form", form the "Contract") entered into between BookingsMed.com and the Companies (each defined as " Party ", collectively the" Parties ").
2.2 The Contract ends on the date of the correct and timely receipt by BookingsMed.com of the Form, completed and accepted by the Company in its entirety in two ways agreed in the form and summarized below: together with the receipt of payment of the consideration for the type of service chosen by the Company. It is understood that after 30 (thirty) days from the date of the order, in the absence of receipt by BookingsMed.com of the payment in the terms indicated above, the order will be canceled and canceled without notice; the Company acknowledges and accepts that it cannot make any claim against BookingsMed.com and relieves it, now and then, of any liability in relation to the cancellation of the order. Any sums received in payment by BookingsMed.com in reference to a canceled order will be retained as a penalty, except for BookingsMed.com's right to receive the amount equal to 40% of the agreed sum, in addition to the right to compensation for damage suffered by the same.
By making a sale through the Platform, a direct relationship (and therefore a legal relationship) is established only between the company and the Customer. The company must accept the customer as its contractual party and deal with online sales in accordance with the Company Information present on the Platforms (including the tariffs) at the time the sale was made and confirmed, without excluding the additional information and / or the needs disclosed by the customer.
SALE OF A PRODUCT OR SERVICE THROUGH THE PLATFORM BookingsMed.com Once the price and availability have been checked, the customer can make a reservation or purchase a service. No reservation will be effective and valid unless confirmed by the related payment of the amount. BookingsMed.com Pay Pal payment circuit.
Upon purchase by a customer of the BookingsMed.com platform, the company will receive an email containing all the product data as sold, requested and purchased by the customer, showing all the details of the payment. If the payment comes from an end user (B2C) the payment will be fully received and no commission will be due to BookingsMed.com.
If the payment is made by a travel agency (B2B), the payment will arrive net of the commissions due to the agency and which will be retained at the same time as the purchase by the agency.
BookingsMed.com through the PayPal platform will issue an invoice on behalf of the company directly to the end customer who will receive all the details of the transaction carried out.
In addition to the taxes, supplements and surcharges that must already be included and indicated in the sale, the company will not charge the customer any transaction / administration fees or any surcharges regarding the payment method (e.g. credit card).
BookingsMed.com is not considered, and will in no way be held responsible for complaints made by customers because of the company or the products it has entered.
THE COMPANY (under this or other similar denomination) declares and guarantees to offer the best rates of the published products and that it is not possible to find the same online for the same company at a lower price, at the same conditions of sale and for the same quantity.
The company is required to promptly adjust the rates and if it does not guarantee the best price, BookingsMed.com has the right to suspend the supply of the service due to lack of competitiveness.
3) FEES AND METHODS OF PAYMENT BY THE COMPANY TO BookingsMed.com
3.1 this registration model on the http://www.bookingsmed.com/ platform provides for registration with the payment of an annual fee in advance at the time of registration. The payment of the fee for the requested Service must be made by the Company at the same time or after submitting the Form online or signing it before the promoter and, in any case, in advance of activating the Service. The VAT due will be applied to all invoiced amounts which, together with any other tax charge deriving from the execution of the contract, will be borne by the Company. In any case, the Company expressly declares to release BookingsMed.com from now on for any and all liability deriving from the transactions or payments made.
3.2 In the case of payment by bank transfer, the Company must clearly and correctly indicate the order number and the name of the Service purchased in the related "reason"; in the absence of a correct and unambiguous indication, BookingsMed.com cannot be held responsible for the failure to attribute the payment to the Service requested by the Company and the latter cannot make any claim or request for damages and / or compensation against BookingsMed. com, and however declares to renounce it as of now. The Company, however, may request BookingsMed.com to use this credit for the purchase and / or renewal of other BookingsMed.com Services.
3.3 The Company will not be able to assert rights or raise exceptions of any kind if it has not first made the correct payments required by the Contract and provide specific documentary proof upon request of BookingsMed.com
3.4 By accepting these General Conditions, the Company expressly consents that the invoice can be sent to and / or made available in electronic format.
4) ACTIVATION AND DELIVERY OF THE SERVICE
4.1 The Company acknowledges and accepts that the activation or renewal of the Service will begin after the conclusion of the Contract and from the moment of the online publication of the Company. It is understood that the Company must transmit to BookingsMed.com or upload from its administration panel, all the necessary documentation, accompanied by the relative releases and / or concessions of brands, photos, descriptions, rates, packages, services, videos, price lists, brochures and anything else necessary to carry out the requested service. BookingsMed.com will notify the Company by e-mail of the activation of the Service, which will take place within a maximum of 90 (ninety) days from receipt of the complete documentation, except for delays due to force majeure.
4.2 BookingsMed.com reserves the right not to proceed with the activation or renewal of the Service, at its sole discretion and will communicate to the Company the non-activation or non-renewal of the Service, without having to indicate the reasons, will be held exclusively return to the Company the consideration that has been received by the same in payment, without further charges and interest.
5) DURATION, RENEWAL, TERMINATION OF THE CONTRACT
5.1 The duration of these services is 12 months from the date of activation of the Service, in some cases it is renewed tacitly from year to year and in some cases it is equal to the period selected and indicated by the company when ordering. This is without prejudice to BookingsMed.com's right to suspend or revoke the service at any time in the cases provided for in this contract. As the expiration date approaches, BookingsMed.com, merely as a courtesy and therefore without doing so assumes any obligation towards the Company, will have the right to send forthcoming and consequent notices to the relevant e-mail boxes. termination of the service in case of non-renewal.
5.2 On the expiration date set for the chosen Service, the Service and any Additional Services will be deactivated and the Contract will cease to be effective, unless renewal is to be made at least 30 (thirty) days before the expiration, by sending the appropriate order online renewal and payment of the related amount, at the rates and contractual conditions in force at the time of renewal. If the renewal of the contract is required during the 30 (thirty) days prior to the expiration date, BookingsMed.com does not guarantee that the relative practices will be successful; the Company, therefore, now relieves BookingsMed.com from any liability in this regard, including any visibility or other problems that may arise following the expiry of the Service not renewed in the contractual terms. BookingsMed.com has the right to leave the company online for tacit renewal in the event of failure by the company to communicate about the withdrawal.
5.3 At the end of the contractual relationship, for any due cause (for example due to the expiry of the deadline, withdrawal or termination) the Company and BookingsMed.com will be free from mutual obligations, the Service will be disabled, access disabled, and therefore will not be as possible to access and use the same. For this reason, the Company is expressly obliged to carry out, prior to the expiration of the contract, at its own expense and on a special support, a copy of the data and / or content that may have been entered since BookingsMed.com does not guarantee recovery following the expiry of the contract and assumes no responsibility in this regard: upon expiry of this last term they will be canceled and / or destroyed. In any case, the Company undertakes, for now, to indemnify and hold harmless BookingsMed.com from any liability and / or damage request related to the deactivation of the Service and to any partial or total loss of data, information and content allocated when the contract expires.
6) AUTHENTICATION CREDENTIALS
6.1 Access to the service takes place through the use of an identification code (login) and a password (password) assigned to the company by BookingsMed.com and communicated via confirmation e-mail. The Company therefore undertakes to keep and use these credentials with the utmost confidentiality and diligence. The Company also undertakes to promptly notify BookingsMed.com in writing of any unauthorized use of its login and / or password and any other breach of security that it becomes aware of. BookingsMed.com will hold the company responsible for any unauthorized use of its authentication credentials.
6.2 Unless BookingsMed.com determines otherwise, all product entries, prices, conditions of sale and transportation and all changes, updates and / or corrections to Company Information (including rates, availability and products) must be made directly online by the Company via the Extranet except in cases where updating is required by BookingsMed.com
6.3 BookingsMed.com has a synchronization service called XML system or INTERFACE with which companies can connect to synchronize their management with the BookingsMed.com platform (including rates, availability of products, etc.). The interface is developed for each activity and has an extra cost.
6.4 Overbooking - All reservations received through www.bookingsmed.com according to availability, prices and conditions determined by the Company itself; payment or credit card information are taken online and transferred to medical institution; therefore all the treatment appointments are guaranteed and will be considered automatically accepted by the Company.
The Company is not allowed to reject or cancel these treatments appointments. If the Company is not able to provide the reserved medical treatment, it is obliged to direct patient to a medical institution of equal or better quality eventually coverign all of necessary expenses including transfer, accommodation and similar.
BookingsMed.com will not be responsible for any customer complaint or compensation request regarding accommodation and reservations made through BookingsMed.com. The Company accepts to proceed and undertakes responsibility for this type of requests by itself.
6.5 No Show - In case of no show or cancellation of medical package or medical appointments made by patients, cancellation terms and conditions provided by Medical Institution for these cases will be valid. According to conditions, Medical Institution can take the certain percentage of total reservation fee from the patient according to its previously defined cancellation policies. Groundly we have a no refund policy in case of no show.
7) FUNCTIONALITY OF SERVICES AND SUSPENSION CASES
7.1 The Services (including additional ones) will normally be available 24 (twenty four) hours a day (twenty four); however, the Company acknowledges and accepts that BookingsMed.com will be able to suspend and / or interrupt their supply to allow the execution of ordinary or extraordinary maintenance interventions that become appropriate and / or necessary. In addition to this hypothesis, BookingsMed.com has the right to suspend and / or interrupt, at any time and without notice, the provision of the Service if BookingsMed.com, at its sole discretion, has reason to believe that:
a) the Company has violated the provisions contained in these conditions;
b) in the event of breakdowns due to unforeseeable circumstances or force majeure as well as in the case of non-programmable and / or foreseeable and technically indispensable modifications and / or maintenance
c) if there are justified reasons of security and / or guarantee of confidentiality;
d) in the event of a breakdown and / or malfunction which poses a danger to the network and / or to people;
In such cases, BookingsMed.com undertakes to carry out the necessary interventions in the shortest possible time and to restore the Services as soon as possible in order to reduce the inconvenience created to the Company.
7.2 The Company acknowledges and accepts that, in all the cases listed above, and in any case in which there is a suspension and / or interruption of the Service, even if not dependent on facts attributable to BookingsMed.com, the latter will not be in in any way responsible towards the Company or anyone for the non-availability of the Service, in any case not guaranteeing the continuity of the service, the integrity of the data stored or sent through the BookingsMed.com system and / or through the internet. The Company, therefore, acknowledges and accepts that it will not be able to make any claim for damages, reimbursement or compensation against BookingsMed.com for the suspension or interruption of the Service that has occurred and relieves it, now for then, of any responsibility in this regard.
8) COMPANY DATA
8.1 The Company undertakes to communicate to BookingsMed.com the personal data necessary for the complete and correct execution of the contract; it also guarantees, under its own personal and exclusive responsibility, that the aforementioned data are correct, up-to-date and truthful and that it allows to identify its true identity. It is understood that the Company Information (including rates, availability and products) must be checked and updated systematically directly online by the company through the Extranet or in other ways that BookingsMed.com can indicate. The company also declares and guarantees a) that it has all the rights, powers and authority necessary to use, manage, possess Intellectual Property Rights, as indicated directly or indirectly in the Company Information on the Platforms; b) to be in possession and to comply with all permits, licenses and other authorizations and governmental requirements necessary to conduct, implement and continue its operations and activities, and to make the company available on the Platforms for the purpose to receive reservations and purchase orders; c) that the Company, its managers, its owners are in no way connected, connected or involved with, nor are they part of, and are not under the control, ownership or management of terrorists or terrorist organizations; associations, associations, natural or legal persons guilty of money laundering, fraud, corruption and bribery.
8.2 BookingsMed.com manages online advertising campaigns at its own expense and at its discretion.
8.3 The personal data provided by the company will be treated in compliance with the privacy rules available on the Home Page of BookingsMed.com and of which the Company declares to have read.
8.4 The Company Information will be free of telephone numbers, fax numbers and / or e-mail addresses (including Skype), and of addresses of websites / applications / platforms on social networks (including Twitter and Facebook) that make a direct reference to the Company, the websites, applications, platforms, tools or other devices of the Company, or websites, applications, platforms, tools or other third-party devices.
BookingsMed.com reserves the right to modify or not to enter any information deemed incorrect, incomplete or violating the terms and conditions of this Agreement.
8.5 The Company will receive the data of its customer in private via email and the same will be visible in its Back End panel, also the customer, whether it is an end user or a travel agency, will receive all the complete data of the Company by email.
8.6 The company authorizes BookingsMed.com worldwide to:
disclose, make public, modify, adapt, communicate, reproduce, copy and make available to the public in any way, distribute, use, reproduce, reproduce, communicate to third parties, sub-license, information, offers and data of the Company supplied to BookingsMed.com by the same that are necessary for BookingsMed.com to exercise its rights and to fulfill its obligations on the basis of this Agreement; also in collaboration with affiliated companies and / or third parties, or their websites, their applications, their platforms, their tools or their other devices (the "Third Party Platforms").
9) OBLIGATIONS, PROHIBITIONS AND RESPONSIBILITIES OF THE COMPANY
9.1 Unless BookingsMed.com determines otherwise, all changes, updates and / or corrections to Company Information (including rates, availability and descriptions) must be made directly online by the Company via the Extranet or in other ways that BookingsMed.com may indicate. Updates and changes regarding images, photographs and descriptions will be reviewed by BookingsMed.com as quickly as possible.
By way of example but not limited to, the Company undertakes to:
a) use the Service in compliance with the intellectual and / or industrial property rights of BookingsMed.com or of Third Parties and to ensure that any material that may be entered by him on the Internet, including through the services offered by BookingsMed.com, is in its legitimate and complete availability, does not conflict with mandatory rules, does not violate any copyright, trademark, patent or other third party or BookingsMed.com rights protected by law or contract. Any copyrighted material can be placed on the network only if the Company has obtained the rights of use from the actual owner of the relevant copyright and reports the source;
b) not to use or have third parties use the Service, directly or indirectly, in violation of current legislation, morals and / or public order, in order to upset public or private peace, to cause offense, direct or indirect damage to anyone, including himself.
c) not to implement, through the service provided by BookingsMed.com, acts aimed at violating or attempting to violate the computer systems and / or the security of the networks of BookingsMed.com or of Third Parties, and / or the confidentiality of messages private individuals, or in any case acts aimed at damaging the integrity of the resources of others or causing direct or indirect damage to anyone or from which civil and / or criminal liability may arise;
d) not access third party systems, networks and / or information that have not provided explicit authorization;
e) not to offer information to the public (textual or graphic) harmful to the image of BookingsMed.com through the services made available;
f) not carry out spamming or equivalent actions transmit or disseminate any material that contains viruses, other codes, files or programs created to compromise, interrupt, destroy or limit the functioning of BookingsMed's network, software, hardware or telecommunications systems. com and / or third parties;
g) treat and have any employees or collaborators treat them, as confidential, any data and / or information received, known or managed for or because of the provision of the Service.
9.2 In the event of a violation or alleged violation of even only one of the aforementioned obligations, BookingsMed.com will have the right to intervene in the forms and ways deemed appropriate to eliminate, where possible, the violation or the alleged violation and its effects, and to suspend and / or interrupt and / or disable access to the Service, immediately and without notice, also reserving the right to terminate the contract pursuant to the following Art. 10 and to retain the sums paid by the Company as a penalty , except for compensation for the greater damage. The Company acknowledges and accepts that nothing will have to be claimed by BookingsMed.com by way of reimbursement, compensation or damages for the measures it has deemed appropriate to adopt. In any case, the Company assumes, now for then, any responsibility for the above violations and undertakes to indemnify and hold harmless BookingsMed.com from any prejudicial consequences, from all losses, damages, responsibilities, costs, charges and expenses, including legal ones, that should be incurred or suffered by BookingsMed.com as a consequence of any breach by the Company of the obligations assumed by him and of the guarantees provided by him with the acceptance of these General Conditions, or in any case connected to the entry of information on the internet through the Service provided by BookingsMed.com, also in the event of compensation for damages claimed by third parties for any reason.
10) EXPRESS TERMINATION CLAUSE
10.1 This contract is automatically terminated if the Company:
a) has previously been or is in default of any title towards BookingsMed.com
b) does not provide for the payment of the requested fee, and in the meantime the service has also been activated notwithstanding the provisions of Art. 4;
c) has been declared insolvent or has been admitted or subjected to a bankruptcy procedure;
d) use the services differently than communicated to BookingsMed.com or as authorized by the latter;
e) violates the provisions contained in these General Conditions.
f) in the event that the company publishes a product or service as available and does not provide it to complete the sale, BookingsMed.com has the right to terminate the contract
In the cases indicated above, the resolution occurs by right through a unilateral declaration by BookingsMed.com, to be carried out by registered letter with return receipt. o certified e-mail (PEC) to be sent to the Company at one of the addresses indicated by him when ordering the Service.
10.2 The Company acknowledges and accepts that the sums paid by the same will be retained by BookingsMed.com as a penalty, without prejudice in any case to compensation for the greater damage, without the Company being able to make any request for reimbursement, compensation and / or compensation for damages for the period of time in which you have not used the Service. It is understood that the aforementioned termination of law operates without prejudice to the other hypotheses of termination, and in general to the other protection instruments provided by law, including the actions aimed at obtaining compensation for the damage eventually suffered by BookingsMed.com.
11) POSITIONING - REVIEWS - JUDGMENTS - BLOG - QUALITY CERTIFICATE – SELECTION
11.1 The position in which the company is published on the Platforms or the POSITIONING is decided unilaterally by BookingsMed.com based on its own parameters, or the evaluation of customers who have tried the product or service, cancellations or cancellations, reviews.
11.2 REVIEWS - GUEST REVIEWS - BLOG
BookingsMed.com is a platform of global importance and inside it visitors and customers of companies can express opinions, judgments and comments.
BookingsMed.com reserves the right to make such opinions and comments available on the Platforms. The company acknowledges that BookingsMed.com does not publish these comments, but is only a distributor of them, and therefore has no obligation to verify them. BookingsMed.com agrees to check and examine such comments, judgments and opinions as far as possible in order to avoid obscenity and reserves the right to refuse, review or remove unsuitable reviews that contain obscenity or any references to personal names.
In order to avoid acts of unfair competition between companies, BookingsMed.com does not publish negative reviews but only positive ones. If negative reviews have inadvertently escaped the controls, you can request the cancellation of the same by sending an email to [email protected]
11.3 Verfiche - Mistery Guest
BookingsMed.com reserves the right to verify the authenticity of any negative reviews also through its officials. The company accepts as of now that it can be ousted from the platform through its fault if the negative reviews are serious, true and founded.
BookingsMed.com is not, and must under no circumstances be held responsible for the content and consequences of publishing or distributing any comment, judgment or opinion.
BookingsMed.com is an online platform aimed at creating and promoting Business to Business (B2B) and Business to Consumer (B2C) relationships. The relationship that is established with the end customer, be it company or consumer, is a direct relationship and therefore a legal relationship only between the registered company and the customer who purchases a product or service within http://www.bookingsmed.com/
BookingsMed.com will therefore not be held liable to the customer if the product sold or offered by the company is defective, defective, inconsistent or otherwise does not conform to that published by the company on the platform (s)
13.1 In general, early cancellation of the contract by the Company is excluded. In the event of cancellation, termination or unlawful termination by the Company, BookingsMed.com is now authorized to withhold the sums paid by the Company as a penalty, without prejudice in any case to compensation for the greater damage.
14) BookingsMed.com reserves the right to change, modify, add or remove these General Terms and Conditions in whole or in part at its own discretion and unquestionable judgment, and to make them public from time to time on the platform www.bookingsmed.com in the appropriate sections
15) SOLVE ET REPETE
Any dispute regarding the contract, its execution or alleged defects in the supply does not legitimize the Company to suspend or delay the agreed payments, having to, in any case, observe the "solve et repete" clause.
16) DELAYS IN PAYMENTS
No question or defense can be asserted in court by the client if he is late with the payments.
17) JURISDICTION - National and International Arbitration Chamber
All disputes arising from this contract or in relation to it will be resolved definitively according to the Arbitration Rules of the National and International Arbitration Chamber of Milan by one or more arbitrators appointed in accordance with said Rules.