Terms and Conditions of Use Policy
It is compulsory to read and state that you have read and agreed to the terms and conditions below:
Terms and Conditions from Medicall India Consultancy Services doing business as (DBA) medicallindia.com and hereby referred to simply as Medicall India sets out the contractual terms and conditions in relation to the services provided to you by Medicall India.
By making any enquiry or booking with Medicall India, you agree to be bound by these terms and conditions.
If any information provided by or on behalf of Medicall India is inconsistent with these terms and conditions, then you agree that these terms and conditions prevail to the extent of any inconsistency.
"You" in the terms listed below refers to patient directly or his or her relative / friend or any one making the booking or payment on his/ her behalf or accompanying the patient during his/ her medical treatment to India.
Medicall India is registered in India who:
1. Provides preliminary consultation or medical opinion of doctors/ surgeons for your medical condition. Plans your medical / travel / accommodation itinerary and assists you in execution of the same (herein referred to as' Treatment Consultation, Planning & Facilitation Services').
2. Books plastic/ cosmetic surgery, dentistry, cardiac, neurological/ neurosurgical, spinal, orthopedic, joint replacement and other procedures/ surgery (herein referred to as the "Surgery Booking Services ").
3. Books hotels, serviced apartments or other accommodations for you, and
4. Books air tickets and other transfers and your recuperative trips.
Important term: Other than making information and expert opinion from third parties available to you, introducing you to third party providers of goods and services, and booking, Medicall India is not itself providing you with any goods or services in the capacity of a principal agent or sub-contractor.
Important term: Third party principals (who are not agents of or not sub-contractors to Medicall India) provide all goods and services to you (including consultations, opinions, procedures, operations, surgery, travel, activities, and meals) that may have been booked by Medicall India on your behalf.
Whilst Medicall India will use its best endeavours to exercise every reasonable care in the selection of the third parties to whom you are introduced and whom may provide the goods and services to you, Medicall India shall not be liable to you in any way whatsoever for any damage, loss or injuries which you may suffer arising from or in relation to the goods or services or consultations provided by these third parties to you. It is important to note, therefore that:
(a) Medicall India's role is to merely introduce supplier of those goods and services to you and pass on their opinion to you "as is". Medicall India does not make any express or implied representation or warranty that any services or goods supplied by third parties to you will be fit for your required purpose or supplied by them with reasonable care and skill; and (b) the services and goods to be provided by third parties are subject to the terms and conditions and limitations of liability as may be separately imposed by the third parties (namely, the hospitals, clinics, hotels, airlines and other providers of goods and services to you) (some of which limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage).
Information accessed through Medicall India's website and other touch points is presented in summary form and is not exhaustive. Medicall India makes no warranties or representations as to its accuracy or completeness. This information is provided "as is" without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for particular purpose, or non-infringement.
The information accessible from Medicall India web site and other communication contains forward-looking statements that involve risks and uncertainties, including statements with respect to the potential benefits of a healthcare plan or medical procedure, and successful treatment of a medical condition of the patient. Actual results may differ materially from those indicated by such forward-looking statements.
Application for the Treatment / Procedure The patients' applications sent via our web site or requested by phone call are received by the advisors. Our advisors are trained to answer general questions about the procedures and terms of the service. If the patient has questions related to medical issues, the advisor will pass the questions on to the medical professional for his/ her expert opinion.
We always encourage you to ask as many questions as possible to clear all your doubts. No question is small; you should always clear even the minutest of your doubt. You can even ask your case manager the direct number of the treating doctor to make the final decision and speak with the treating surgeon/ doctor directly to verify or understand his/ her opinion directly.
Medicall India's case managers take all precautions to pass on the information/ opinion of the surgeons "as is" to you. Medicall India does not take any guarantee that the consultation passed on to you will suit your requirements and cannot be held responsible if on face to face consultation the surgeon/ doctor's opinion varies with opinion over the e-mail sent to you.
The amount fixed by Medicall India on the first stage is an estimate. The final amount will be confirmed after the face to face consultation. It is important to insist that the original estimate may be modified after the personal evaluation carried out by the professional, once the patient has arrived in India.
Items included in the quotation
The quotation for a standard medical trip includes the following:
▪ One Surgeon Consultation;
▪ The services of the Surgeon for the purpose of carrying out the selected Surgery Procedure(s);
▪ The services of a specialist anesthesiologist (if required);
▪ Post operative accommodation at the private clinic/hospital for the specified period of time for the required procedure;
▪ Operation theatre charges for carrying out the required procedure;
▪ General medication required immediately following post operation,
▪ Post-operative consultation prior to your departure
▪ Airport Transfers
▪ One transfer for follow up with the surgeon at the hospital/ clinic after discharge from the hospital.
The quotation does not include:
▪ Any additional medical expenses that might be incurred following any surgery as a result of unforeseen complications.
▪ Travel insurance and / or any medical insurance
▪ Transfers for Dental procedure
▪ Any procedure for which an estimate is not given.
▪ Tours or outings.
▪ Additional expenses not specified in the Pre-Consultation Price Estimate and the Final Price Amount.
▪ Meals (unless they are specified in the Pre-Consultation Price Estimate and the Final Price Amount as being included in the price).
▪ Air tickets (or other transport)
▪ Airport or departure taxes, road tolls, laundry, beverages, gratuities or tips.
▪ Additional costs incurred by weather or failure of transport services or other circumstances beyond the control of Medicall India.
▪ Taxes levied by the government of India
Preexisting diseases Known Pre existing Diseases Patients with known preexisting diseases can be asked to make an extra deposit if the treating doctor or surgeon deems it necessary (apart from the package) that will be used for the specific analysis required by his/her condition or for hiring specialized medical staff to assist the patient during the procedure.
The extra deposit towards handling pre existing diseases will be reimbursed to the patient if no extra services related to his/her preexisting condition is needed. The surgeons will not perform any procedure that might have negative effects on the patient's health without taking all the necessary precautions.
We strongly advise you that you should tell us and your doctor candidly about any pre existing conditions, medications you are on, previous procedures or surgery you underwent.
Unknown Pre Existing Diseases If the compulsory medical studies show that the patient suffers from a preexisting condition or disease that may interfere with the procedure but of which the patient has no previous knowledge:
▪ the patient will be informed about his/her medical condition and about the possible consequences the procedure will have on his/her health.
▪ the patient will can be asked to pay a deposit (apart from the package) that will be used for specific analysis or for hiring specialized medical staff.
▪ The extra deposit will be reimbursed to the patient if no extra services related to his/her preexisting conditions are needed.
The surgeons will not perform any procedure that might have negative effects on the patient's health without taking all the necessary precautions.
Any unforeseen complications arising because of your pre existing conditions including but not limited to Diabetes, Hypertension etc. will be your responsibility. Medicall India will not be held responsible if any complications arise because of any medical condition which may have had earlier known or unknown to you or any complication that may arise during the procedure.
Important term: The surgeon and Medicall India are under no obligation to perform the procedure if you are suffering from any pre existing disease which you may or may not be aware of and results in your non eligibility of getting the surgery/ procedure performed on you. The deposit paid by you shall not be refundable under these circumstances.
If complications arise that will require additional interventions or extended hospitalization, the cost will be established by Medicall India/ treating surgeon/ hospital and paid by you. Important Term: It is understood that, in medical procedures including but not limited to plastic/ cosmetic surgery, dentistry, bariatric surgery, dermatology etc there exists the possibility of discrepancies between the surgeon and the patient in regards to the results. Medicall India reminds you that all medical procedures carry some risk and have limitations which could include but are not limited to disappointment with the results.
Reservations and Payments
Once the date for the trip and all the details concerning the medical services have been agreed upon, you will make full payment towards accommodation and flights/ tours and a non refundable administration fees to secure the bookings of surgical procedures. Deposit payable to Medicall India can be paid via bank transfer as indicated on the invoice & and will be deducted from the agreed cost estimate.
Balance of the fees shall be payable directly to the surgeon/ hospital at your pre operative consultation before the procedure. Payment can be made via valid Credit Card, Travelers Check or Cash
Any accommodation bookings and flight/ tour bookings confirmed and not taken up will be subject to cancellation fees. The cancellation fee applicable would be that of the third party providing the services or goods to you.
Advance fees paid towards surgical bookings will not be refundable under any circumstances.
All credit card payments are subject to exchange rate fluctuations, determined by your issuing bank.
Arrival in India
On the day following your arrival (or as informed by your Case Manager according to your itinerary), you will have an appointment with the nominated Surgeon.
Consultation with the surgeon
The Surgeon Consultation serves a number of purposes. These include the following. The Surgeon Consultation will help the Surgeon determine the appropriateness (from a medical perspective) of each Surgery Procedure you wish to undergo.
• The Surgeon will take the opportunity to explain the surgery and the procedure. The Surgeon will also inform you of any form or consent which the hospital may require from you or to be signed by you.
• To give you the opportunity to meet the Surgeon and ask any questions you may have.
• In addition, the Surgeon will determine if any additional procedures are required that will add to the cost as set out in the Pre-Consultation Price Estimate.
We encourage that
• You ask as many questions as you may have as we believe that you need to make an educated choice.
• You should agree about the anticipated outcome of your surgery and concur about your expectations of the results.
• You should discuss alternative treatments and thoroughly understand the risk of the procedures
Important Term:strong> It is understood that you agree to the procedure, outcomes and results of the surgery or procedure including but not limited to plastic/ cosmetic surgery, dentistry, optical, laser, skin treatment, cardiac, joint replacement with your surgeon on face to face consultation. It is understood that you have thoroughly understood the potential risks or complications with regards to the procedure and are clear about the results and outcomes before you undergo the procedure.
Cancellation of services
Before arrival in India
If for any reason you decide to cancel the trip after having paid the deposit or the total package's cost, Medicall India offers following alternatives:
▪ You may use the amount paid as a credit at no interest payable to you. The credit will expire in six months.
▪ You may transfer the payment to another patient. Medicall India will consider it as a new case and establish the new procedure after a consultation with the surgeon. A new quotation shall be applicable for this patient.
After arrival in India
If, following the Surgeon Consultation, the Surgeon or yourself elects not to proceed with the Surgery Procedure, the amount paid for the Deposit towards surgical procedures will not be refundable to you under any circumstances. The cancellation of hotel/ serviced apartment or any third party goods or services booked by you shall be subject to the terms and conditions of the party providing you the services.
Booking of Tours / Return after the surgery
Medicall India will send you the timelines for recovery as advised by the treating doctor. It is understood that the recovery time is individualistic and varies with every patient. There can be variation in the timelines specified in the itinerary prepared for you. It may happen that you have to change your return dates. If you are booking any expensive tours after your surgical procedure, we recommend that you take travel insurance to cover the tour cost.
When booking the holiday and procedure, it is important that you understand that dates specified for consultation, procedures and recovery time set out in the itinerary may vary depending upon but not limited to factors such as your recovery after the surgery. You acknowledge and agree that Medicall India cannot be held responsible for any change in travel plans which can include but not limited to changing the dates of your return ticket back home or tour after the surgery or canceling your tour completely.
Variation in booking
Following the payment of your deposit, you may amend your dates of travel, subject to any surcharge or fee imposed by the hotel/ serviced apartment/ flights/ tours or any third party in respect thereof.
For deposit towards surgical procedures, Medicall India will hold the amount paid by you as credit (with no interest payable to you) in your name which can be used within six months of the amount paid. The credit will expire after six months. Medicall India will give you a new estimate at the time of your coming to India and that would prevail over the previous cost estimates sent to you.
Passport and Visa
You need a valid visa- tourist/ medical and a passport valid for six months to enter India.We advise you do not buy any non refundable tickets before you obtain visa to India.
Medicall India shall assist you to get medical visa by obtaining a letter from your treating surgeon and/ or hospital stating your reason of coming to India is for medical purpose. You must however agree and acknowledge that Medicall India is not a travel agent and does not provide advice in relation to visa or passport requirements. It is your responsibility to make sure all required travel documents are valid and correct. Medicall India cannot be held responsible if you have to change your dates or cancel the trip if you are not able to obtain valid visa before you travel.
Medicall India does not include any insurance in the cost established to you. Accordingly, Medicall India strongly recommends that you take out travel insurance, so that you will be comprehensively insured for your travel. Subject to your requirements, Medicall India recommends that you take out travel insurance that covers you against cancellation fees and loss of deposits, emergency medical, overseas medical and hospital expenses, theft, luggage delay, travel delay, personal liability and car rental access.
Certain travel insurance may not cover you for costs incurred as a result of elective surgery or medical malpractice in connection with elective surgery. Medicall India recommends that you consider obtaining specialist insurance for this purpose. Important term: You acknowledge that Medicall India has not offered you any insurance or advice in relation to a particular insurance product.
Limitation of Responsibility and Liability
Medicall India provides the Accommodation Booking Service and Surgery Booking Service only. Other than making information from third parties available to you, introducing you to third party providers of goods and services, organising tickets and facilitating payment of goods and services by you to third parties, Medicall India is not itself providing you with any goods or services in the capacity of a principal. Third party principals (not sub-contractors to Medicall India) provide all goods and services to you (including tours, travel, activities, meals, consultations, operations and procedures).
Whilst Medicall India will use its best endeavours to exercises every reasonable care in the selection of third parties to whom you are introduced and who may provide goods and services to you in connection with your medical trip. It is important to note, therefore that:
(a) Medicall India's role is to merely introduce you to the supplier of those goods and services and Medicall India does not make any express or implied representation or warranty that any goods or services supplied by third parties to you will be fit for your required purpose or supplied by them with reasonable care and skill; and
(b) the goods and services to be provided by third parties are subject to the terms and conditions and limitations of liability as may be separately imposed by tour operators, airlines, hospitals, clinics, dentists, hotels and other providers of goods and services to you (some of which limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage). Neither Medicall India nor any of its officers, employees or directors are doctors, dentists or otherwise qualified to provide information in relation to any surgery or medical procedure. You acknowledge and accept that Medicall India (or any of its officers, employees or directors) has not offered any advice or expressed any opinion that a reasonable person would consider as being an advice or opinion in relation to any medical procedure or surgery procedure (including with respect to any risks, side effects or otherwise).
Medicall India does not accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of tour operators, airlines, hospitals, doctors, clinics, dentists, hotels and other providers of goods and services to you directly or indirectly in connection with any goods and services booked by Medicall India on your behalf.
Without limiting the provisions of this clause, you agree to be bound by the terms of any contract between a third party provider of goods and services and yourself (which may be evidenced in writing by the issue of a ticket, voucher, coupon confirmation or the like).
Medicall India does not accept any liability in contract or in tort for any injury, damage, death, loss, delay, additional expenses or inconvenience caused directly or indirectly by force majeure or other events which are beyond our control, or which are not preventable on our part.
The services provided by Medicall India in accordance with the terms hereof is deemed to be made in New Delhi, India and any disputes shall be dealt with within India and you agree to submit to the jurisdiction of the Courts of New Delhi, India.
Any provision of, or the application of any provision of, these terms and conditions which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
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