IT IS ESTABLISHED AND PREVIOUSLY STATED AS FOLLOWS:

That Four essential and independent actors intervene in the delivery of medical tourism and guarantee its quality and professionalism:
1) Medical Tourism Facilitator
2) Travel Agency: Transportation, Hospitality, Organization, Hotel Accommodation and Leisure.
3) Clinic: Hospital accommodation and paramedical services.
4) Doctor or surgeon: The medical or surgical service.
It is understood below by:
– “Medical Tourism Facilitator” the company “Optimum Allianz Limited” through its brand “MEDIKALISTA”
– “Clinic”, the private health facility in which the patient / client is admitted for medical intervention.
– “Doctor”, the doctor and / or the attending surgeon .
– “Patient / client”, the person receiving the medical and tourist services listed below.
– “Intervention”, the medical or surgical act.
That “MEDIKALISTA” acts as an independent facilitator of medical tourism. MEDIKALISTA facilitates contact between the patient and the medical providers before and after treatment.
The aim of MEDIKALISTA is to provide its clients with access to quality medical services and international standards at affordable prices outside their country of residence.

ARTICLE 1: SERVICES

1.1. Services provided by the “Medical Tourism Facilitator”:
The following services are provided by the “Medical Tourism Facilitator”:
– The necessary information to help patients make independent, informed and free decisions about their health care,
– Supervise the treatment process and ensure that the quality promised is consistent with the quality delivered.
– Post-operative follow-up: Ensure that patients receive the appropriate care throughout their medical stay in the foreign country. And ensure coordination and communication with professionals after their return to their country of origin.
-Privacy: No information will be shared outside of MEDIKALISTA and surgeons, doctors and healthcare professionals partners, without explicit consent of the patient.
The responsibility of the Medical Tourism Facilitator, can not be engaged in case of medical malpractice or negligence attributable to the Clinic or the Doctor.

1.2. Services provided by the “Agency

The assistance of the “patient / client” during his stay from his arrival to his departure (Reception, transfers, hotel accommodation, information, tourist advice, management of appointments, medical and paramedical, assistance at check -in and check-out at the hotel and clinic level).
– The organization of the “Patient / Client” para-hospital stay and the realization of the tourist services during his stay.
– Facilitating the relation of the “patient / client” with the various stakeholders.

1.3. Services provided by the “Clinic”:
– Hospital accommodation within the clinic
– Medical and paramedical services in accordance with the current  regulations, hygiene standards and standards of the health sector in the country where the services are provided.

1.4. Services provided by the “doctor”:
The Doctor undertakes to provide the following services to MEDIKALISTA clients:

– The study of the medical file and the elaboration of the medical diagnosis
– Performing the medical and / or surgical procedure in accordance with current regulations and medical ethics.
– Post-operative or post-medical follow-up of the “patient / client”

ARTICLE 2: OBLIGATIONS

2.1. Obligations of the “Medical Tourism Facilitator”:
Under this agreement, the facilitator is required to ensure that the services contracted are provided to the beneficiary in accordance with this contract.
MEDIKALISTA acts as a medical tourism facilitator for some healthcare and medical providers who provide medical services directly to the “patient / client”.
MEDIKALISTA shall ensure that all medical services provided by the medical providers with which it cooperates are provided by medical staff with appropriate qualifications, in accordance with the legislation applicable in their respective countries.
MEDIKALISTA as an agent of some medical providers may receive remuneration for contracts between patients and medical providers.
MEDIKALISTA is not responsible in any way  for the loss or deterioration of the personal belongings of the “patient / client”.
The responsibility of MEDIKALISTA can not be engaged in case of medical malpractice or negligence attributable to the Clinic or the Doctor.

2.2. Obligations of the “agency”:
Bring all the necessary diligence in compliance with the current regulations, with the uses and the standards of the tourism sector in the country where the service is provided.
Subscribe, the insurance policies relating to the usual services of the travel agencies according to the current regulation.
2.3. Obligations of the “clinic”:
The following obligations are incumbent on the Clinic:
– Bring all the necessary diligence by complying with the current regulations, the uses, the hygiene standards and the standards of the health sector of his country.
– Insure, at its expense, the insurance policies relating to the usual services of multidisciplinary clinics in accordance with the current regulations.
– Perform, under its responsibility, the services listed in Article 1.3 of this contract.

2.4. Obligations of the “doctor”:

The following obligations fall to the “Doctor”:
– Bring to his mission all the necessary diligence by complying with the current regulations, the uses and the standards of the health sector of his country.
– Having a doctor status   and registered on the board of Medical association of the country.
– Hold specialist degrees with at least 5 years of practical experience in his or her field of specialization.
– To insure, at its expense, the insurance policies relating to the usual medical services in accordance with the current regulations.
– Answer all the questions asked by the “patient / client” regarding the agreed “Intervention”.
– Perform, under his / her responsibility, the services listed in Article 1.4 of this contract.

NB: According to the law, the surgeon has an obligation of means.

2.5. Obligations of the “patient / client”:
Communicate all the necessary information relating  related to his / her medical history including treatments and medications undertaken before  or that he or she is currently taking.
Express clearly and precisely his request and ask all the necessary questions to the “doctor” during the preoperative consultation so that he is very well informed about the details, the risks, the operational consequences inherent to the nature of “the Intervention “agreed.
Comply with the advice and recommendations of the medical staff in general and the “doctor” in particular before and after the “intervention”.
Comply with the minimum convalescent stay recommended by the “doctor” and “agency”.
The “patient / client” is responsible for the security of his personal belongings.

ARTICLE 3: LIABILITY:

The “Medical Tourism Facilitator” is only liable for its obligations (listed above in “Article 2, paragraph 2.1.”)
MEDIKALISTA assumes no responsibility for any medical treatment. This aspect is governed by the terms and conditions of the treatment contract between the “patient / client” on the one hand and the “doctor” and the “clinic” on the other hand.
MEDIKALISTA helps the beneficiary to contact the surgeon by telephone / videoconference if necessary.
MEDIKALISTA does not guarantee in any way the success of the planned medical procedures. It offers no refund or reduction for unsuccessful procedures. For cosmetic surgery the right of touch-up is governed by Article 9 below.
MEDIKALISTA assumes no responsibility for delays or impossibility to deliver services caused by force majeure, disruption of facilities, transport strikes, medical personnel or adverse weather conditions.
The “patient / client” is only responsible for the obligations that are incumbent upon him (listed above in “Article 2 paragraph 2.5.”)
The “doctor” is only liable for the services and obligations that accrue to him (listed above in “Article 1.4 paragraph 1.4” and “Article 2 paragraph 2.4.”)
The “clinic” is only liable for the services and obligations it receives (listed above in “Article 1.3 and 1.3” and “Article 2.3”).
“The agency” is only liable for the services and obligations that accrue to it (listed above in “Article 1.2” and “Article 2.2”).
The medical aspect is entirely and solely the responsibility of the “clinic” and the “doctor”. Any litigation relating to this part will fall within the jurisdiction of the courts of the country of residence of the “clinic” and the “doctor”.

ARTICLE 4: RIGHT OF CANCELLATION

After having discussed with the “doctor” during the preoperative consultation, the “patient / client” has the right to cancel the desired “Intervention”, so he will only be required to pay the agency for the stay fees, transfers and the costs of processing his / her file.
Also, the “doctor” has the right for medical reasons and after having discussed with the medical staff, to cancel the “Intervention” agreed, in this case the “patient / client” will only be asked to pay the stay fees, transfers and the cost of processing his file.

ARTICLE 5: REMUNERATION:

Remuneration of the agency: It concerns the services which accrue to it (listed above in “article 1.2.1.”).
Remuneration of the “clinic” and the “doctor”: It concerns the services that accrue to them (listed above in “Article 1.3 and 1.3” and “Article 1.4”) and also includes anesthesia and anesthetist fees, all necessary medications for the duration of the stay, the cost of prostheses and other medical equipment (if applicable) and the costs of the nurse.
The “patient / client” is only required to pay the agreed services after seeing the “doctor” during the preoperative consultation and after signing the mutual consent on the back of this letter. Payment must be made before “intervention”.
The “Patient / Client” pays the “Medical Tourism Facilitator” by the means at his disposal.

ARTICLE 6: INFORMATION ON THE WEB SITE:

All the information presented on the “medikalista.com” website is for information purposes only and is intended to support and facilitate, not replace, the relationship between a patient and his / her attending doctor and all other stakeholders.

ARTICLE 7: CONFIRMATION

By signing the “informed consent” (on the back), the “patient / client” confirms that they have read and accept these terms and conditions.

ARTICLE 8: POST-OPERATIVE AFTERCARE and FOLLOW UP:

During the stay: During the convalescence before returning, the “patient / client” will receive a follow-up and postoperative consultations with the “doctor”. Concerning the cosmetic surgeries, it should be noted that, as a general rule, possible complications occur within a few days of surgery. That is why there is a minimum stay to be respected in the country where the act is practiced.
After the return of the “patient / client”, the “Medical Tourism Facilitator” has a specialized service dedicated to assist the “patient / client” in its postoperative follow-up. This service will contact the “patient / client” upon his return to his country of origin and will remain at his disposal to answer all his questions regarding his postoperative follow-up by coordinating directly with the “doctor”. This service will arrange for the “patient / client”, if necessary, direct interviews (by telephone or Internet) with the “doctor”. If he finds it necessary, the “doctor” may refer the patient / client to a practitioner in his country of origin.

ARTICLE 9: RIGHT FOR TOUCH-UP (In case of cosmetic surgery)

A touch-up is a complementary minor surgery to correct a surgical insufficiency. The evaluation of the result will be done by the “doctor” on the basis of the photos sent by the “patient / client”. If the insufficiency of result is ascertained and confirmed by the “doctor”, the “patient / client” will be entitled to a touch-up. In this case, the “Medical Tourism Facilitator” and the “doctor” will be responsible for the costs of the necessary stay and for the costs of the surgical procedure and hospitalization inherent to this operation in the country of destination where has been performed the initial medical procedure. This guarantee does not cover air transport and only concerns the “patient / client”.
If the “patient / client” and the “doctor do not agree on the outcome evaluation, the refereeing will be done by a neutral plastic surgeon. The findings of this surgeon must be communicated in writing to the “doctor”. In this case, if touch-up is a must, the “Medical Tourism Facilitator” and the “doctor” will be responsible for the costs of the necessary stay and the costs of the surgical procedure and hospitalization inherent to this intervention in the country of destination or the initial medical procedure. This guarantee does not cover air transport and only concerns the “patient / client”.
N.B.: The notion of unsatisfactory result involves a lot of subjectivity by the patient; it is therefore based on expert opinion of cosmetic surgery and mutual good faith.

Article 10: Governing Law

This contract will be governed by the law of the country where the medical treatment is provided, all disputes relating to the interpretation, performance, or termination of this contract will be the exclusive jurisdiction of the courts of the country where the medical treatment is provided.