Terms and Conditions - Dalmia MedTrip

Disclaimer

Dalmia MedTrip offers a platform for online booking of medical facilities in advance to avoid any inconveniences during a patients’ medical tour in India. Kindly fill in the requisition form given below providing all the necessary details – your name, address, date of journey, number of persons etc required for booking a room. Ensure that the information entered by you in the booking form is error-free enabling us to provide you the best of our services. In case you face any difficulty or have any doubts feel free to convey it to us.

a User expressly agrees that use of Dalmia MedTrip is at user’s sole risk. Neither Dalmia MedTrip, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Dalmia MedTrip will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Dalmia MedTrip, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Dalmia MedTrip.

b Dalmia MedTrip is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement

c This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action

d Dalmia MedTrip does not warrant that defects would be corrected or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Dalmia MedTrip) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. User specifically acknowledges that Dalmia MedTrip is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user

e In no event will Dalmia MedTrip, or any person or entity involved in creating, producing or distributing Dalmia MedTrip or the Dalmia MedTrip software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Dalmia MedTrip user hereby acknowledges that the provisions of this section shall apply to all content on Dalmia MedTrip

f In addition to the terms set forth above, neither Dalmia MedTrip, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Dalmia MedTrip, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby

g None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither Dalmia MedTrip nor its affiliates, information providers or content providers warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information

Terms and Conditions

Please read these terms and conditions carefully before accessing or using the services of this website

This Terms and Conditions of Use Agreement (hereinafter referred to as Agreement) describe the terms and conditions applicable to your use of Dalmia MedTrip, which is identified by the Uniform Resource Locator, http://www.dalmiamedtrip.com. This agreement has been entered between you as the user of this Website (hereinafter referred to as User or Patient as the context may require) and Dalmia MedTrip – a division of Dalmia Biz Private Limited.

Recitals

a. Dalmia MedTrip is a well-known Company engaged in the business of running a Web Based Health Care Information Centre thus referring the inbound tourists interested/willing/desirous of getting economical medical treatment in India for the ailments suffered by them, besides providing web based information duly certified by the Specialists/Doctors from the Scheduled Hospitals to the patients, as per their queries related to ailments suffered by them

b. Dalmia MedTrip, besides being engaged in the above said activity, is also in the business of providing services in the fields of ticketing, tour operations, decent quality hotel accommodations as well as conveyance to the inbound tourists/foreign visitors

c. The Patient who is visiting India is desirous of receiving medical treatment during his/her stay in India and for the said purposes, intends to avail the services rendered by Dalmia MedTrip upon terms and conditions stipulated herein below

d. This Agreement envisages in Dalmia MedTrip answering the web based medical queries raised by the Patient/User and referring such patients intending to get medical treatment at the Scheduled Hospital(s) in India.

Now Therefore, This Agrement Witnesseth as Under:

a. By accessing or using the services of this Website, the User signifies his acceptance and acknowledgment to the terms and conditions set forth below as well as the terms and conditions amended by this Website from time to time, including expressly, but not limited to, those available by Hyperlink and general principles for the websites of its subsidiaries and affiliates. The User also agrees to the Disclaimer Privacy Policy of this Website. In addition, the User also agrees to the Dalmia MedTrip Terms & Conditions of Booking Cancellation Policy. The User are advised not to use the services of this Website if they do not agree to these terms and conditions.

b. This Website reserves the right to revise/modify these terms and conditions at any point of time without notice or reason, by updating this page, and the Users use of this Website after any such revision/modification, signifies Users acceptance to the revised/modified terms and conditions. Therefore, the User is advised to check these terms and conditions periodically for any change(s). These terms and conditions were last updated on August 31st, 2009.

c. The User agrees not to use services of this Website, if he is not able to form legally binding contracts, is less than 18 years of age or is temporarily or indefinitely suspended from this Website.

d. The User is solely responsible for any activity that occurs under his screen name or by use of his e mail account. The User hereby warrants that all information submitted by the User is true, current and complete. If information submitted by the User is found to be false, deceptive, incomplete or concealed deliberately, this Website reserves the right at its sole discretion to discontinue the service and/or terminate this Agreement immediately.

e. The User agrees to use the services provided by this Website, its affiliates, consultants and contracted companies, for lawful purposes only. The User agrees not to violate any laws, third party rights or our policies. International users agree to comply with all local laws regarding online conduct.

f. This Website reserves the right to refuse service to anyone for any reason at any time.

g. Patient Referral and Payment Procedure

a. Dalmia MedTrip shall assimilate details of the medical history/health details of the patients to be referred for treatment to the said Hospital(s) supported by a report authenticated by the patient’s Doctor.

b. This report/details shall be forwarded by the patient to Dalmia MedTrip at least 10 days prior to his/her arrival in India so that the same can be forwarded to the Hospital to enable the hospital to ensure verification of the same by the Doctor in charge of treating the patient and send its observations/comments, if any, to the patient/Dalmia MedTrip within 3 working days of receipt of the report along with the cost estimate for the treatment required by the patient.

c. The receiving of reports/medical history/health details from the patient in advance is a condition precedent in the cases where the patient has already planned to receive treatment in India, but in Ambulatory cases this is not a condition precedent.

d. The patient will pay the entire cost of treatment in advance to the Hospital against receipt of the same issued by the Hospital, before the start of the treatment or as and when asked by the Hospital Authorities to deposit. Payment of treatment cost is a matter exclusively between the Patient and the Hospital and this Website is not involved in the matter and hence disclaims any liability arising out of the payment of treatment cost.

e. In all cases, the patient will bear the costs of pre-treatment initial tests, which are mandatory to be carried out before the start of actual treatment, besides the cost of actual treatment.

f. The patient will be liable to pay the escalated costs (if any) i.e. the difference in the estimated cost and the actual cost of treatment as applicable at the time of undergoing the said treatment.

g. Further the patient shall pay for the extra-treatment, cross-referrals as desired by him or if so advised by the Doctor in Charge of the specific patient, whose decision shall be final and binding upon the patient.

h. Mandates and Obligations of Dalmia MedTrip

a. Dalmia MedTrip shall receive the query regarding ailment suffered by the patient desirous of receiving treatment in India and forward the same to the Specialist Doctor at the hospital for his comments/suggestion coupled with the certificate of authenticity and revert back the same to the patient within 72 hours of the receipt of the said query.

b. Dalmia MedTrip shall assimilate from the patient his/her complete medical history/reports/health records coupled with the authentication by the Patient’s Doctor preparing the said medical history/report, at least 8 working days prior to the date of arrival of the patient in India, and shall revert to the patient explaining him/her the type of treatment that shall be extended by the said Hospital(s) along with the terms and tariff normally charged by the said Hospital(s) from time to time.

c. Before admission of the patient to said Hospital (s), the Scheduled Hospital (s) may ask for the commitment letter duly signed by the patient favoring the Scheduled Hospital (s), confirming that in the event of cross referral or additional diagnostic or treatment facility availed by the patient, the patient will pay the said Hospital (s) the expenses thereof before leaving the said Hospital in India. This matter is again an activity between the Patient and the Scheduled Hospital (s) and the Website or Dalmia MedTrip has no role to play and hence expressly disclaim any liability.

d. In case the treatment extended to the patient is likely to go beyond the stipulated period of his stay in India, whereby making it necessary to get the extension of visa by the patient, in that event all the initial formalities i.e. filing of application as well as other relevant tasks ancillary to that shall be solely done by and shall be the responsibility of patient. However, Dalmia MedTrip will assist the patient or his/her accompaniments in following the procedures and contacting the concerned Authorities, the costs of which shall be borne by the patient. The patient will pay to Dalmia MedTrip the amount of service charge on account of assistance and other related service rendered.

e. Dalmia MedTrip shall arrange for the desired quality hotel accommodations, conveyance and other facilities for the patient and his/her accompaniments subject to payment made by the patient or his/her accompaniments against the invoices so raised by Dalmia MedTrip for such services rendered from time to time.

f. Dalmia MedTrip shall refer the patients to the nearest Scheduled Hospital within India, in which state the patient is staying in India during his/her visit.

g. Dalmia MedTrip shall not entertain those queries where the patient coming under Insurance plan.

I. Obligations and Averments of the Patient

a. The Patient shall forward to Dalmia MedTrip his/her reports/medical history papers/complete health details coupled with the certificate of authentication of Doctor preparing/issuing such report/papers, 10 days prior to his/her visit to India.

b. Upon admission and Before the procedure in the Hospitals in India, the patient shall sign the commitment letter favoring the Scheduled Hospital(s), confirming that in the event of cross referral or additional diagnostic or treatment facility availed by the patient, the patient will pay the said Hospital(s) the expenses thereof before leaving the said Hospital in India. This time again this Website or Dalmia MedTrip shall have no role to plat and the matter is between the Patient and the Scheduled Hospital.

c. The Patient shall pay the complete estimated cost of treatment in advance to the said Hospital(s) and undertakes further to pay the difference between the estimated cost and actual cost of treatment to the said Hospital(s), if the situation so warrants against the invoice/bill raised by the Hospital.

d. The Patient undertakes to clear all the pending bills towards cost of treatment carried out in India at the time of discharge from the Hospital.

e. In the event of patient, after commencement of treatment declining to continue or have the treatment for any reason not due to any fault of the said Hospital(s), the advance payment made by the patient to the hospital for such treatment shall be returned only after adjusting actual expenditure incurred up to the time of stopping the treatment.

f. The Patient undertakes that he/she and their accompaniment shall abide by all rules and regulations of the said Hospital(s) and do not infringe any laws of India during the period of treatment.

g. In the event of the patient availing services from Dalmia MedTrip related to tour management and arranging for the facilities regarding hotel bookings, stay, conveyance. Ticketing and any other related facilities/services, the patient shall pay an advance amount of 50% of the total cost to Dalmia MedTrip at the time of booking and remaining 50% at the time of his/her arrival in India against the invoice raised by Dalmia MedTrip towards such services rendered.

J. Charges to Dalmia MedTrip

a. Dalmia MedTrip shall be entitled to receive from the patient charges related towards the tour management and other facilities relating to hotel bookings, stay, and conveyance. Ticketing and any other related facilities/services.

b. Dalmia MedTrip is also entitled to receive service charges on account of rendering assistance to the patient or his/her accompaniment in getting extension of visa in the event of extended stay on account of receiving medical treatment.

K. Exclusion of Liability

a. Dalmia MedTrip or the said Hospital (s) shall not be liable for death of patient despite proper treatment.

b. Improper response to the treatment by the patient, which would entail sending him back to their hometown.

c. Dalmia MedTrip or the said Hospital (s) shall not be liable for any complication that may arise during treatment resulting in death, permanent/temporary disablement of the patient for which proper care was taken by the said Hospital(s) Doctors in the normal course.

d. Dalmia MedTrip shall not be bound by any act or omission, which is done beyond the scope of this Agreement by the Patient or his/her accompaniment.

L. Termination

a. This Agreement shall be terminated at after 30 days of the date the patient has entered into the Agreement. However, in case of a breach of the terms of this Agreement or any violation of prevailing laws by the Patient would automatically entitle the Website/Dalmia MedTrip to terminate the Agreement instantly, without any notice.

M. Relationship/Status

a. The relationship/status that Dalmia MedTrip and Patient share with each other is only that of referring the patient to the Scheduled Hospital(s) along with their queries, medical history/records/complete health record of the said patient(s) who are desirous of getting treated in India and except this there is no other relation between the parties except the one intended within the parameters of this agreement.

N. Governing Law & Jurisdiction

a. The provisions of this Agreement shall be governed by and construed in accordance with Indian law. The rights and obligations of the Parties under, or any and all disputes arising out of this` Agreement, shall be subject to the exclusive jurisdiction of the courts located at the city of New Delhi, India. The User/Patient gives consent to the exclusive jurisdiction of New Delhi, India.

List of Documents

1. A copy of visa:

2. Four passport size photographs (4 cm x 4 cm color photos with white background, ears distinctly visible, without spectacles and caps)

3. Letter of Consent/Undertaking: Dalmia MedTrip shall not be pable for death of patient despite proper treatment.

4. Proof of Residence i.e. copies of electric bill/telephone bill/leave & pcense agreement

5. Confirmed return air tickets along with the original and photocopy of the passport:

6. Official letter from the local hospital or doctor or a certificate from the same after examining the patient’s condition stating the requirement for the apppcant’s treatment in India and its availabipty in India

7. Official letter from the concerned hospital in India mentioning the name of the patient and his/her medical attendant. The approximate cost of the medical treatment should also be mailed to the Embassy by the hospital authorities

8. If the patient is on Medical Aid:

a. A confirmation from the Medical Aid Society about the admissibility of the patient for medical treatment is required

b. A guarantee from the same is required for the treatment expenses and proof of fund transfer to India

9. Latest bank statement certified by the bank should bear the patient’s full name and address which would proof that the patient has sufficient funds to go for the medical trip

10. If the applicant submits someone else’s bank statement, then an affidavit of the person sponsoring the medical trip is required along with a copy of the photo id /passport having the ink-signed signature of the sponsor

11. Proof of relationship between the patient and his/her medical attendant or a letter stating the relationship between them.

a. A separate letter consisting of all the details of the previous visits to India and the duration of stay in the country is to be submitted.

12. If the third party sponsors the medical trip for the applicant, then an affidavit of the person along with the copy of his/her photo id card/passport bearing the ink-signed signature of the sponsor and his/her attested bank statement should be enclosed with the form.

a. The affidavit should bear the relation between the sponsor and the patient and the reason for sponsoring.

b. The sponsor should take all the responsibilities for the departure, arrival and stay in India of the patient on his/her medical trip.

c. Third party is not allowed to sponsor in case of terminal illness treatment.

13. If the applicant is admitted in the hospital, medical certificate to that effect, bearing photo of the applicant attested by the Doctor

14. All medical papers and diagnostic test reports