GENERAL TERMS AND CONDITIONS
OF ALBANIAN MEDICAL TOURISM AGENCY SH.P.K.
1. SCOPE OF VALIDITY
1.1 These general terms and conditions (“Terms and Conditions”) govern all relations between Albanian Medical Tourism Agency Sh.p.k., a limited liability company, incorporated in accordance with Albanian law, registered with the National Registration Centre with unique identification number ___________, with legal seat at the address: Rruga Qemal Stafa, nr. 260/1, Tirana, Albania (“AMTA” or “we”) and the customers who wish to obtain our facilitation and consultation services to arrange their travel to Albania for medical treatment at one of our partner medical/healthcare centres within Albania (“Customer” or “you”).
1.2 These Terms and Conditions apply to all service orders made through the website www.medicaltourismalbania.al or by e-mail at AMTA. By making an order whether through our website or by e-mail, you accept without any reserve all provisions of these Terms and Conditions. A contract on the travel and medical facilitation services mentioned in Article 2 below becomes effective once the Customer accepts the Terms and Conditions, performs pre-payment of the administration fee, and receives a written confirmation of his order by AMTA.
1.3 In order to make an order to obtain AMTA’s services, you must be 18 years of age. Patients under 18 shall be represented by their custodial parent or legal guardian. Customers assure to use AMTA’s and its partners website solely for personal and non-commercial purposes.
1.4 AMTA reserves the right to amend and update the Terms and Conditions in any moment. The amended/updated Terms and Conditions shall be published on AMTA’s website. Such amendments/updates shall not apply to orders made before the date of publication.
1.5 For special services, AMTA may provide special terms and conditions, which shall apply in addition to these Terms and Conditions. The special terms and conditions shall be defined and apply upon the offering of the relevant services.
1.6 AMTA is not responsible for any viruses that its website may contain. Customers undertake to use the necessary equipment and programs to be protected from external attacks (viruses, different websites etc.) in order to perform an order or an electronic purchase.
1.7 AMTA may decide at any moment to suspend, amend or terminate the electronic provision of the services, due to maintenance, update or improvement works on its webpage or for any other reason.
1.8 AMTA may terminate the provision of the services or your access on its webpage, due to your failure to meet or your breach of these Terms and Conditions or for any other reasons it may deem appropriate.
2.1 Our aim is to provide top quality services to our customers, supplying information, offering advice and guaranteeing the best specialists and medical/healthcare centres for their treatment. We provide comprehensive services starting from arranging for pre-consultation to their return journey home.
2.2 AMTA primary scope of activity is the offering of medical tourism facilitation services, which includes the arrangement of the Customer’s stay in Albania for the purpose of obtaining medical treatment in one of our partner medical/healthcare centres/treatment institutions (“Healthcare Provider”).
2.3 For the above purpose, AMTA also offers travel services, which are provided by third party companies (“Service Provider”), particularly the following travel services:
Transport services within Albania (from and to the airport, from the hotel to the healthcare centre etc.);
Accommodation services (hotel booking);
Services which facilitate the customer’s personal well-being (chauffeur, translator, child care, shopping guide, tour guide, etc.).
2.4 There is no contractual relationship between AMTA and the Customer on the medical treatment or healthcare service requested by the Customer. AMTA is not an agent of the Healthcare Provider or other Service Providers and acts exclusively as intermediary between the respective Healthcare Provider and other Service Providers and the Customer. The contractual relationship related to the medical treatment is concluded between the Healthcare Provider and the Customer.
2.5 The medical treatment agreement between the Customer and the Healthcare Provider may also be based on the terms and conditions of the latter. Such terms and conditions of the Healthcare Provider may regulate terms of payment, provisions on the due date, liability, cancellation, rebooking and repayment, and any other restrictions and obligations of the Customer. If AMTA has the terms and conditions of the Healthcare Provider, AMTA will forward them to the Customer for his or her information.
3. FREE SERVICES
3.1 The usage of online services on AMTA’s website is free for the Customers.
3.2 AMTA provides information about medical service of different institutions on its website. Under no condition does this information replace a medical examination, diagnosis or medical advice.
3.3 Customers may review profiles of AMTA’s partner Healthcare Providers and other Service Providers on AMTA website. Accuracy and content of these profiles is not part of AMTA’s responsibilities. AMTA does not carry out checks of these profiles, and is not obliged to carry out regular checks. For accuracy, up-to-date information and content of external links, e.g. links to partners, AMTA accepts no responsibility whatsoever.
3.4 AMTA may also not be held accountable for programming errors or errors in translations into other languages. AMTA is not obliged to keep its website accessible at all time. AMTA is entitled to interrupt this service completely or in part.
4. CUSTOMER ORDER
4.1 In response to the verbal or written request of the Customer, AMTA shall send the medical file of the Customer to the respective Healthcare Provider.
4.2 AMTA shall transmit to the Customer the estimate of the medical treatment procedures following examination of the Customer’s file by the relevant Healthcare Provider, as well as an estimate of the costs that shall be incurred by the Customer and invites the Customer to perform pre-payment of AMTA administration fee.
4.3 Upon receipt of the pre-payment of the administration fee, AMTA shall send to the Customer confirmation of its order, and continue with the provision of the requested services, as per the Customer’s request.
4.4 After completion of the booking procedure with the Healthcare Provider and other Service Providers (as the case may be), and final arrangement of the Customer’s stay in Albania, AMTA shall send to the Customer a booking confirmation, including a detailed travel description.
4.5 Should the Customer request any modification or cancellation of his travel as agreed with AMTA, the provisions mentioned in Article 9 shall apply.
5. PRICE AND PAYMENT TERMS
5.1 Administration fee
AMTA applies an administration fee, including the costs incurred by AMTA for processing the Customer’s order. Such fee is payable by the Customer independently of whether the Customer decides to travel to Albania or the provision of treatment by the Healthcare Provider. Such fee is not reimbursable should the Customer decide to withdraw or cancel its order.
5.2 Reference Prices
Upon Customer’s request, we will provide reference prices applied by AMTA partners for their healthcare services and other travel services, to give you an idea of the cost range for a procedure, treatment or price plan. The reference price does not constitute the confirmed or guaranteed final, total price for any service. The total price estimation for the services requested shall be provided to you after examination of your medical file and diagnosis by the respective practitioner or Healthcare Provider, subject to the exceptions referred to in Article 5.4 below.
5.4 The price estimation we will give you does not include:
Any medical tests considered necessary during pre-assessment or diagnosis, which may be decided while you are at the clinic, due to actual findings, medical events or your vulnerability to any condition;
Other costs you may incur during your stay at the hotel booked through us, such as meals, use of telephone, laundry, etc.;
Your flight to Albania. You are responsible for booking and managing your own flights. Upon your request, we may only advise you on carriers and timetables where possible, but booking and flight purchase are not included in our services (please refer to Article 2 above);
Any governmental tariffs or fees in relation to your entry to Albanian territory (please refer to Article 6.3 below).
5.5 Payment Terms
The Customer shall perform a pre-payment of administration fee applied by AMTA prior to travel and before AMTA starts any facilitation service procedure.
Any other payment, including the price for the medical services requested, any extra or unforeseen tests or services, hotel tariffs or other services as may be requested by the Customer and arranged by AMTA shall be paid in full at the third party provider (healthcare provider, hotel or the relevant AMTA’s partner (as per the services requested by the Customer).
6. INFORMATION/DOCUMENTS REQUIRED
6.1 The Customer shall fill in a simple on-line form with their personal details, stating the type of treatment/surgery they require. AMTA will contact the Customer regarding the enquiry and further information (and medical records in certain cases) may be requested in order to present it to the healthcare provider for evaluation.
6.2 It is fundamental that the Customer provides full and precise information to enable AMTA and the Healthcare Providers to give the best service possible. The lack of information and/or incorrect information may result in delays, a less effective service, the impossibility to provide the selected service or even risks and complications for the Customer.
6.3 The Customer is responsible for any specific documents that may be required for their journey: valid passport, visa (for countries that are not included in the visa free list, as published by the Ministry of Foreign Affairs http://www.punetejashtme.gov.al/en/services/services-for-foreign-citizens/who-can-enter-albania-without-a-visa ) and travel insurance.
6.4 Should the Customer be unable to travel due to negligence on their part, AMTA will not be held responsible for any costs whatsoever (please refer to Article 9 below).
7. CONFIDENTIALITY AND DATA PROTECTION
7.1 AMTA has at its disposal the information tools for personal data processing of its Customers and potential customers, and in this context it performs gathering and processing of personal data in the meaning of Law 9887, dated 10.03.2008 “On Personal Data Processing”.
7.3 AMTA does not disclose your personal data, records or information without your consent. In order to provide you with detailed information and a quote regarding the selected procedure, the Customer personal data and medical records or information provided to us will be shared with our partner Healthcare Provider. By accepting these Terms and Conditions, you authorise us to share your personal data, medical records or information with those parties concerned with your medical treatment.
8.1 The Customer is not obliged, but strongly recommended to have travel insurance that will cover against delays, loss of baggage, personal effects, etc., as well as sickness and ill-health.
8.2 We also recommend that you take out Medical Travel Insurance and/or Medical Complications Insurance for the treatment you wish to undertake in Albania. The Customer should be aware of the fact that there are always risks involved in any type of surgery (whether at home or abroad) and, therefore, medical travel insurance and/or medical complications insurance is advisable when considering any type of treatment.
9. ALTERATIONS, WITHDRAWAL AND CANCELLATIONS
9.1 The Customer has the right to withdraw or cancel his medical treatment travel, without any penalties not later than 30 days before his arrival in Albania.
9.2 The alteration or cancellation of any of the services arranged through AMTA must be requested by the Customer in writing via email or fax, and the Customer will be responsible for any additional costs that may be entailed by such alterations or cancellations. AMTA’s administration fees for services rendered are not refundable.
9.3 The Customer should also be aware of the fact that each Healthcare Provider or other Service Providers (accommodation and others) has its own alteration and cancellation policy and, therefore, AMTA has no control over the eventual fees that might be charged by them.
9.4 In the unusual event of any delays from the Healthcare Provider or other Service Providers or, indeed, the Healthcare or other Service Providers being unable to fulfil the selected service/treatment, AMTA will give all the assistance possible in order to try and solve the issue but will not be held responsible for the situation, nor for any of the costs incurred. AMTA, as a medical tourism facilitator, acts solely as an intermediary service between the Client and the Service Providers (healthcare providers, hotels etc.) and, therefore, accepts no responsibility.
10. CUSTOMERS OBLIGATIONS
10.1 Customers shall provide thorough and accurate personal information and should have serious intentions while completing the on-line form with their data and medical records.
10.2 The Customer shall cooperate with AMTA to develop and carry out agreed upon treatment plans and ongoing therapies and shall follow the medical procedures prescribed by the Healthcare Provider and doctor’s orders during treatment in Albania and after his return at his country of origin.
10.3 Customers are obliged to read and be informed on all the procedures applied by AMTA as described in these Terms and Conditions and any Policies and procedures provided to them.
10.4 The Customer shall be prepared and knowledgeable and make sure that he understands the information provided to him by AMTA and the Healthcare Providers, the specificities of his treatment and what is expected from him. The medical information and treatment information provided in our website or by e-mail should not be relied upon as a medical consultation. The Customer is recommended to seek expert advice from his doctor at the country of origin before undertaking any medical treatment travel.
10.5 The Customer shall consult with the Healthcare Provider before seeking any alternative therapies that may interfere with his ongoing treatment. Should the Customer choose to discontinue treatment, transfer his care and records to another doctor or facility or otherwise act against doctor advice, the Customer may not hold the doctor, Healthcare Provider or AMTA responsible for any consequences of his decision.
10.6 The Customer shall treat the information provided by AMTA as confidential and shall not communicate them to unauthorized third parties. Should the Customer be found in breach of this obligation, AMTA shall have the right to claim damages against the Customer.
10.7 The Customer shall present an ID card or passport to confirm his personal data to AMTA while arriving in Albania.
10.8 The Customer shall be punctual for the appointments arranged by AMTA on his behalf with the Service Providers.
10.9 The Customer shall perform full payment to the Service Providers in accordance with the terms and conditions of the Service Providers and submit to AMTA the referral form completed and signed by the Customer and the healthcare provider.
10.11 In the event of breach of these Terms and Conditions by the Customer, the latter shall assist in preventing or limiting possible damage. AMTA shall have the right of compensation of any direct and indirect damages caused by the Customer.
11. AMTA OBLIGATIONS
11.1 AMTA shall do its best to provide the Customer with thorough and accurate information in details on the travel arrangement, examination procedures and other services provided by AMTA partners, prior to his travel in Albania that will help the Customer make his own health care decisions.
11.2 AMTA shall perform its services as a “facilitator” in a professional and workmanlike manner in accordance with the international and European standards and work only in the best interest of the Customer as part of this facilitation process. To the extent services provided by AMTA are advisory and intermediary between the Customer and the Healthcare Provider, no specific result is assured or guaranteed.
11.3 AMTA as a “facilitator” shall have a duty of care while providing the services to the Customer and will use its best efforts in finding the best quality, low-cost Service Providers in Albania to protect the Customer’s safety and in the same time fulfil the latter’s needs and expectations.
11.4 AMTA shall assist and accompany the Customer during his entire stay in Albania and shall provide aftercare services as the Customer may request.
11.5 AMTA shall provide the Customer with detailed information related to privacy protection and dispute settlement system in Albania.
11.6 AMTA guarantees that the Customer shall receive medical treatment of a standard of quality comparable to that received by any patient attended by the same doctor in the same facility and that the prices applied by the Healthcare and other Service Providers are the standard fees applied by the latter for any customer. AMTA shall not allow any discrimination against the interests of the Customer based on ethnicity, religion, race or gender.
12. LIMITATION OF LIABILITY
12.1 AMTA does not provide medical advice. Your treatment is subject to a contract between you and the Healthcare Provider undertaking the treatment.
12.2 AMTA shall not be held liable for the provision of medical services/treatment, or any services provided by third parties, but only for carrying out the facilitation services with due care and diligence. AMTA shall not be held liable for loss or injury of any kind, for any malpractice claims and other claims that may arise directly or indirectly in connection with the arranged medical services provided by the Healthcare Provider or any other services provided by third parties.
12.3 AMTA shall not be responsible in the unlikely event that the Healthcare Provider feels that the Customer is not fit enough to undergo surgery and the Customer return without the surgery, or medical procedure taking place.
12.4 AMTA’s liability for damages caused to the Customer due to breach by AMTA of these Terms and Conditions shall be restricted to reimbursement of the administration fee, as long as damage incurred by the Customer was not wilfully and grossly negligently caused by AMTA.
12.5 Please note that all surgical operations and medical procedures, whichever country they take place in, have a risk attached to them and in the case of cosmetic surgery there may be dissatisfaction with the final outcome. AMTA will not be held responsible for medical procedure disputes that may arise between the Customer and the healthcare provider.
13. FORCE MAJEURE
13.1 AMTA shall not be held liable for any change in your booking or failure to perform its obligations under these Terms and Conditions, as a result of events beyond its reasonable control (the “Force Majeure”).
13.2 For the purpose of this Article, the term Force Majeure means acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars whether declared or not, blockades, insurrection, riots, epidemics, landslides, earthquakes, storms, floods, washouts, civil disturbances, changes to laws and any other event which is beyond our reasonable control and cannot be avoided or overcome even after taking all reasonable care.
14. AFTERCARE SERVICES
14.1 AMTA will assist and advise the Customer in aftercare services, by organising aftercare consultations with the surgeon/doctor that has performed your treatment via telephone, e-mail or Skype/video conferencing.
14.2 Should you or your doctor in your country of origin identify any issues or signs of any complications, AMTA will assist you with making available to the Healthcare Provider a report from your doctor, photographs, test results, to enable the Healthcare Provider to provide an opinion and define the way forward.
14.3 Any revision or correction treatment is subject to the Customer’s contract with the Healthcare Provider. In this event, AMTA may assist in the arrangement of the Customer’s stay in Albania, without applying any administration fee, and the Customer shall bear only the costs of travel, accommodation and any other third parties’ services costs.
14.4 Any disputes between the Customer and the Healthcare Provider in relation to the medical treatment or procedure shall be governed by the laws of Albania, unless otherwise agreed in the medical treatment contract the Customer has entered into with the Healthcare Provider. As a facilitator, AMTA will continue to act between the Customer and the Healthcare Provider and assist the Customer with the process, wherever possible.
15. CUSTOMER SERVICE
15.1 Should you have any questions, complaints or remarks relating to these Terms and Conditions or your medical travel process, please contact us at the following address: Albanian Medical Tourism Agency Sh.p.k., Rruga Qemal Stafa, nr. 260/1, Tirana, Albania; Tel: ________; Fax: _________; E-mail: _______.
16. APPLICABLE LAW AND JURISDICTION
16.1 These Terms and Conditions shall be solely governed by and construed in accordance with the legislation in the Republic of Albania.
16.2 Any disputes between AMTA and the Customer in relation to these Terms and Conditions shall be resolved by Tirana District Court.
17.1 These Terms and Conditions and all forms referred to herein filled and signed by the Customer constitute the entire and exclusive agreement between AMTA and the Customer.
17.2 If a clause of these Terms and Conditions or a part of it should be or become invalid, the validity of the other clauses shall remain unaffected.
17.3 The Customer shall not assign to any third party, partially or entirely, the rights and obligations under the service contract entered into with AMTA without AMTA prior written consent.
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Address : Rr. "Qemal Stafa",
Tirana - Albania
Tel : + 355 69 95 75 551
Copyright © 2014 by Albanian Medical Tourism Agency.