General Terms and Conditions of August Medical cereneo Center for Neurological Rehabilitation FZ-LLC
1 Scope of application
1) These General Terms and Conditions (“GTC”) serve to govern the contractual relationship between August Medical cereneo Center for Neurological Rehabilitation FZ-LLC (hereinafter referred to “August Medical cereneo”) and the patient, and shall apply to all services provided by August Medical cereneo. Furthermore, unless otherwise agreed, these GTCs shall also be applicable if a treatment is carried out outside of August Medical cereneo’s rehabilitation centre in the United Arab Emirates (“UAE”) through an August Medical cereneo and/or any other entity belonging to the same group of companies, or affiliate entities, as August Medical cereneo. In case the contractual relationship has not been entered into between August Medical cereneo and the patient directly, but with a third party (particularly with regard to an accompanying person or a bearer of costs), these GTCs shall also apply to the contractual relationship between any such third party and August Medical cereneo by analogy.
2) Insofar as a written offer from August Medical cereneo stipulates conditions which differ from these GTC such conditions shall take precedence over these GTC. The same shall apply for individually concluded written contracts between August Medical cereneo and the patient (or the bearer of costs).
2 Legal relationship/ Third party services
Generally, the services provided by August Medical cereneo consist of services which may, according to the value added tax legislation, be excluded from tax duties (especially clinical and therapy services and treatments of patients).
3 Scope of August Medical cereneo’s performance obligations / Patient’s rights and responsibilities
1) August Medical cereneo’s performance obligations shall be determined by the offer that has been issued by August Medical cereneo and shall be limited to the time period outlined in the offer.
2) Any additional services, meaning services that have not been mentioned in the offer, or services rendered outside the time period stated in the offer (particularly external examinations) must in any case be paid separately. The performance of such services lies within the discretion of August Medical cereneo.
3) In any case, services rendered by third parties shall not be part of August Medical cereneo’s performance obligation (clause 3.2).
4) August Medical cereneo is committed to make reasonable efforts to adhere to the patient’s rights outlined in Dubai Healthcare City (“DHCC”) Governing Regulation No. 1 of 2013 (as amended). Such rights are also displayed in our clinic.
5) To achieve the maximum benefits of the therapy each patient shall adhere to his/her responsibilities in accordance with DHCC Governing Regulation No. 1 of 2013 (as amended), these include inter alia the responsibility to:
a. provide cooperation and follow the care prescribed or recommended for him/her by the physician, nurse or allied health personnel;
b. notify the physician or nurse if the patient does not understand his/her diagnosis, treatment or prognosis;
c. respect the privacy of other patients
d. accept financial obligations associated with the patient’s care;
e. be considerate of the rights of other patients and to follow institutional policies as posted;
f. provide to August Medical cereneo, to the best of his/her knowledge, accurate and complete information about present complaints, past illness, hospitalizations, medications and any other matters relating to the patient’s health;
g. keep appointments, and when a patient is unable to do so for any reason, notify August Medical cereneo in accordance with clause 5.1.; and
h. be responsible for his/her actions if the patient refuse treatment or does not follow the therapist’s instructions.
4 Payment Conditions
1) Unless otherwise provided for in the offer, a 100% payment for all services provided by August Medical cereneo shall be made prior to the commencement of the therapy via cheque or bank transfer into a bank account designated by August Medical cereneo. Any bank charges shall be completely borne by the patient (or the bearer of costs).
2) As long as the advance payments have not been made in full, August Medical cereneo is generally not obliged to admit the patient or provide any services.
3) After discharge of the patient from the clinic, August Medical cereneo shall issue (in general within 60 days) a final statement of account. Any remaining balance shall be refunded to the patient whereas supplemental costs incurred shall be invoiced to the patient or the bearer of costs and shall be paid within 15 days from the invoice date.
4) In case of late payment, August Medical cereneo shall be entitled to charge a late payment fee in an amount equivalent to one day’s treatment charges for each day of the payment being overdue.
5) Offsetting of claims of the patient (and/or the bearer of costs) that are contested by August Medical cereneo and not finally determined by a court with claims of August Medical cereneo against the patient shall not be admissible.
6) Special conditions regarding statutory health insurance patients for whom an insurance company will settle payments remain reserved.
5 Admission, Appointments, (early) Discharge and Use of Equipment
1) The patient is obliged to arrive at the time agreed for the stay in the clinic. In case of an annulment of a planned therapy in the clinic, August Medical cereneo reserves the right to invoice an adequate amount with regard to the expenses already incurred. In any case at least one day of therapy services will be charged, unless the annulment has been declared at least 24 hours before the planned stay.
2) Appointments during the therapy period in the clinic (therapies, assessments etc.) will be postponed adequately if obstacles should arise through no fault of the patient. Otherwise the respective compensation for an appointment is still due if the patient has not annulled the appointment at least 24 hours in advance. The same applies in particular for missed appointments. August Medical cereneo shall always be allowed to postpone appointments based on reasonable grounds.
3) Generally, the discharge of the patient from the clinic takes place on the time agreed between August Medical cereneo and the patient. Deviations because of achieving the treatment goals or according to clause 5 section paragraph 4 remain reserved.
4) The patient may at anytime terminate the therapy at the clinic. In case notice is given at least 24 hours in advance, the duty of payment for therapy services ends on the day of discharge from the clinic. Otherwise, the costs of an additional full day have to be paid.
5) August Medical cereneo may terminate the therapy at the clinic unilaterally and reserves its rights to restrict access of the patient and/or his/her accompanying person to the clinic if there are reasonable grounds. This is particularly the case if:
a. the patient does not participate in the planned therapies;
b. the patient and/or his/her accompanying person conduct criminal actions, do not follow the instructions of August Medical cereneo’s employees or violate the house rules of August Medical cereneo or otherwise act improperly;
c. the patient is in default with payments (advance payments or other invoices);
d. the patient and/or his/her accompanying person violates clause 7.
6 Limitation of Liability
1) August Medical cereneo has taken out adequate professional liability insurance in accordance with part 16 of the DHCC Governing Regulation No. 1 of 2013 (as amended) for its legal liability in accordance with the applicable laws in DHCC and the UAE.
2) The liability of August Medical cereneo, its organizations, employees and auxiliary persons or of an affiliated undertaking and the organizations, employees and auxiliary persons of the latter under any legal title is limited to the amount effectively indemnified by August Medical cereneo’s insurance (plus deductible according to the insurance policy). Any further liability is explicitly excluded. Upon request, August Medical cereneo shall inform the patient or his accompanying representative, respectively, about the applicable insurance protection.
3) Should there be no insurance indemnification available in a specific case (especially because of a respective exclusion in August Medical cereneo’s professional liability indemnity insurance contract), August Medical cereneo’s liability is limited to gross negligence and wilful misconduct. Furthermore, in this case August Medical cereneo’s liability is limited to direct damages (indemnification for indirect damage and consequential loss is excluded) and the maximum amount of August Medical cereneo’s liability will be the costs for treatment and accommodation that have been invoiced to the patient and actually been paid.
4) The patient (or his/her duly authorized representative) acknowledge and agree that August Medical cereneo’s professional liability insurance specifically excludes any claims brought by or on behalf of a patient, his/her estate, beneficiaries or heirs in the United States of America or Canada or under the laws of either of those nations. Therefore, the patient or anyone on his/her behalf agree to resolve any disputes in accordance with clause 10 of these GTCs.
In order to ensure the wellbeing of the patients, August Medical cereneo makes great efforts to recruit highly qualified and motivated employees that are educated continuously. It is therefore prohibited for the patient and/or his/her accompanying person to solicit August Medical cereneo’s employees (particularly doctors and therapists) to cease their employment with August Medical cereneo and/or to enter into an agreement with the patient and/or his/her accompanying person (directly or indirectly). In case of contravention the patient undertakes to pay liquidated damages to August Medical cereneo in the amount of AED 115,000 for each violation.
8 Data Protection
1) The collection, usage, dissemination and editing of Patient Health Information and Patient Identification Information by August Medical cereneo in DHCC and the UAE shall be executed in accordance with the principles outlined in the DHCC Health Data Protection Regulation No 7 of 2013 (as amended) (and is, as far as applicable, subject to the medical privilege), unless otherwise provided for hereinafter.
2) With regard to the accounting and the bearing of costs, August Medical cereneo is authorised to transmit the relevant data to the bearer of costs (especially to an insurance company, but also to any third party bearing the costs, namely foreign embassies, authorities etc., as the case may be).
3) The patient agrees that August Medical cereneo is authorised to provide information to indicated contact persons (until written revocation by the patient) both, with regard to administrative and medical issues. The same applies with respect to family doctors, specialists or referring physicians etc.
4) The therapists and medical director of August Medical cereneo are in regular exchange about the patients’ progress and best therapy methods with cereneo Center for Neurology & Rehabilitation in Switzerland. In this regard the patients’ personal data, including inter alia the medical records, are regularly transferred to, processed and stored at cereneo Center for Neurology & Rehabilitation in Switzerland and the patient hereby agrees to such processing of his/her data.
5) Being a company active in research, August Medical cereneo aims to always improve its therapy measures. Unless the patient explicitly declares otherwise in writing, it is assumed that he/she agrees to his personal data being recorded, examined and used for research purposes in anonymised form.
9 Salvatory Clause
1) If, for any reason, one or more of the individual provisions or terms of these GTCs shall be held to be invalid but would have been held to be valid if part of the wording of the same was deleted or the period or scope of the same reduced, then the said provisions or terms of these GTC shall apply with such deletion or modification as may be necessary to make them valid and effective.
2) Without prejudice to clause 9.1, the illegality, invalidity or unenforceability of any provision of these GTC under the laws of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction, nor the legality, validity or enforceability of any other provisions of these GTCs. Each Party shall use all reasonable endeavours to replace any illegal, invalid or unenforceable provisions by a legal, valid and enforceable substitute provision the effect of which is as close as possible to the intended effect of the illegal, invalid or unenforceable provision.
10 Applicable Law and Place of Jurisdiction
1) The legal relationship between the patient (or a possible accompanying person and/or a bearer of costs) and August Medical cereneo shall (irrespective of the legal grounds) be governed and exclusively be subject to the substantive laws of DHCC and the UAE (as applicable).
2) In accordance with clause 131 of the DHCC Governing Regulation No 1 of 2013, for all (contractual or non-contractual) disputes between the patient (or a possible accompanying person and/or a bearer of costs, respectively) and August Medical cereneo regarding the provision of services provided within DHCC, and where such services appear to be provided in a manner that is in contravention of the DHCC regulations, rules, policies or standards ,it shall be permissible to make a complaint to the Customer Protection Unit (“CPU”) setup within the Center for Healthcare Planning and Quality established at DHCC in a form required by CPU.
In accordance with clause 149 of DHCC Governing Regulation No 1 of 2013 any and all claims or disputes relating to an injury incurred by a person in conjunction with the receipt of healthcare and medical services provided by August Medical cereneo, including but not limited to diagnosis, treatment, advice, service or goods provided in respect of the physical or mental health of a person, under the UAE Federal Law No 4 of 2016 (the “Medical Liability Regulation”) shall be submitted exclusively to the Healthcare Claims Committee established for such purposes in DHCC.