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Terms and conditions

Part I. Preliminary statement

France Surgery‘s scope of activities:

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    Linking people living abroad with clinics or hospitals and doctors or surgeons working in France,
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    Linking them with travel agents, airlines, hotels, restaurants, performers, all providers of concierge services ...
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    Assistance in organizing the trip: administration and logistics.

Prior to the signing of these the Clients acknowledge they have been informed that:

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    France SURGERY are neither a clinic nor a hospital and neither does the company intend to practise medicine or provide any medical or paramedical service. All services offered by clinics or hospitals are their own responsibility and that of practitioners attached to them.
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    Health Facilities provide services in accordance with their own terms and conditions. Some of these conditions may limit or exclude all or part of the responsibility of Health Facilities to their clients. In particular, these conditions may exclude any liability for death, injury or medical error. It is the responsibility of the undersigned client to become aware of possible Terms and Conditions of health facilities before committing themselves. Any document produced or any agreement made with the Health Facilities cannot be the responsibility of France Surgery .
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    France Surgery is not a travel agent under the provisions of Articles L.212-1 et seq of France’s tourism regulations (Code du Tourisme) and are not intended to be. All services offered and/or services provided by service partners, are the responsibility of the latter.
The conditions set forth herein apply only to clients who are non-commercial individuals and to any territory with the exception of France (including Corsica and the DROM-COM, France’s overseas territories).
The parties agree that their relations will be exclusively governed by this contract, excluding any condition previously available on the site, except the legal information which will always remain in force and form an indivisible whole with the present. The present Terms of Use were updated on October 31, 2010

Part II. - Conventions

Article 1. - Definitions

1.1. –"Client" means anyone who notes, books, orders and buys a service offered on the site.
1.2. - "Service" means any service offered on the site.
1.3. - "Site" refers to the infrastructure developed by France SURGERY according to computer formats used on the Internet, including data of various types, such as text, sound, still or moving pictures, videos, databases, intended to be visited or seen  by  the clients to become fully aware of the services offered.
1.4. - "Internet" means various networks of servers located in various locations around the world, linked together through communication networks, and communicating using a specific protocol known as TCP/IP.

Article 2 . - Orders

Orders regarding all of the services offered on the site must be placed on-line from the website of the France SURGERY platform
An order will be recorded on the site only after clear identification of the client’s login and password.
Orders imply that the terms and conditions have been accepted. Any dispute in this respect will come under the framework of a possible exchange and of the guaranties mentioned below.
France SURGERY commit themselves to honour the orders received on the site only within the limit of availability of the services and that of their partners.

Article 3. - Validity of the order

Any Client of the Site who does not hold a client number will have to go through the regular registration procedure in order to obtain one. This number is totally personal.
In the event of a loss or if the number is missing, France SURGERY should be informed at short notice. The client should then contact France SURGERY’s customers services and complete the appropriate form provided on the website or call the following number: 33 953 02 03 09 (€0.49 per minute)

In all cases, the online provision of a credit card number followed by the final confirmation of the order will be worth as evidence for the entire order as provided by the Loi du 13 Mars 2000 adapting the law of evidence to Information Technology and dealing with the electronic signature and will cause the sums incurred for the order to become due and payable, in the conditions laid down below under Article 5.

This validation is legally valid and considered like a genuine signature and express acceptance of all operations carried out on the site.
However, in case of fraudulent use of their credit card, the clients are required, upon the finding of such use, to immediately contact France SURGERY customer services by calling the following phone number: 33 953 02 03 09
The records stored in France SURGERY computer systems under conditions of reasonable safety, will be considered as evidence of communications, orders and payments between the parties.

It is expressly agreed that, except in cases of obvious error made by France SURGERY, the data stored in the information systems of the Company have probative value as to orders placed by the client. Digital or computerized data are valid evidence and, as such, are admissible under the same conditions and with the same evidential value as any document created, received or retained in writing.
The filing of orders and invoices is carried out in a reliable and sustainable format in order to correspond to a faithful and sustainable copy in accordance with section 1348 of the Civil Code.

Article 4. - Quotations - Services

4.1. – Customized  Quotes

Within seven days after registration by the new client, and provided that the file, including the forms to be completed have been regularly and fully filled in, France SURGERY through secure channel will forward a customized quote, which will be accompanied by a comment either during a phone interview or by phone or videoconference.

Acceptance of the quotation will remain at the discretion of the clients and their responsibility. In the event that, it would not be possible to establish a custom quote, because of information supplied (including medical ones), the client will be notified within the same period of time.

France Surgery’s mission cannot get started before the quotation has been accepted, dated and signed by the client.

4.2. - France Surgery offers clients the following services:

  • Medical Agenda
    Connection with highly experienced medical teams,
    Pre travel medical opinion,
    Coordination of your pre and postoperative medical exams & consultations,
    Surgery/treatment,
    Administrative assistance.
  • Premium assitance
    Connection with highly experienced medical teams,
    Pre travel medical opinion,
    Coordination of your pre and postoperative medical exams & consultations,
    Surgery/treatment,
    Administrative assistance
    Airport Pick up & drop Off
    Clinic or hospital's stay in a private classic room
    Comfort pack
    Bilingual accompanying service …
  • Rehabilitation
    Organization of your postoperative stay in France
  • Travel procedure support
    France Surgery offers to assist you in your administrative procedures to travelling to France, obtaining a visa …

Article 5. – Rates - Payment - Cancellation

5.1. - Rates

All prices quoted on www.france-surgery.com or in any brochures or Information can be altered at any time without previous warning, particularly when health facilities and/or Service Providers change their price-lists. Prices become final at the signature, by the client, of an agreed estimate defined in consideration of its own specific features.  The prices are quoted in euros and include all taxes. They take into account the amount of VAT applicable on the date of the order, but exclude the taxes and fees not expressly referred to. The rate in force on that day will be applied.

Any change of VAT rate will be reflected in the price of services. Prices will not be modified once the client’s order has been placed, except in the event the latter would claim services not included in the original estimate. Similarly, if one or more taxes or contributions were to be created or modified, this change might be reflected in the selling price of the services on France SURGERY ‘s website and sales documents. The prices for services ordered on the site along with the date of the order in question are authentic. Prices are guaranteed at the date when the order is placed.

5.2. – Terms of Payment

  • Payments can be made:
    - On line when opening an account on Paypal
    - by bank transfer to pay the full balance of the service.
  • Payments will be made as follows:

5.3. - Cancellation

Any cancellation by the Client of this contract will lead to the following payments:
- In the event of cancellation by the client more than 15 days before the date set for the management of the client on French territory, the amount paid when the contract was signed (40% of the total) will remain vested in France SURGERY and clinic.

- In case of cancellation by the client less than 15 days before the date set for the management of the client on the French territory, the latter shall pay all the amounts due to France SURGERY and clinic under this contract.

  The clients acknowledge they have been informed that in case of cancellation of their order by France SURGERY particularly because of the inaccuracy or omission of essential information they would not have provided on their health status or condition (particularly when filling the pre-diagnosis form), the current article shall apply.

Article 6. - Confidentiality

France SURGERY does everything in its power to ensure the confidentiality and security of data transmitted over the web. To this end, the website uses a secure payment module of SSL type (Secure Socket Layer).

Article 7. - Personal data

France SURGERY agrees to comply with all operative legal provisions relating to medical confidentiality. France SURGERY staff does not have access to the contents of pre-diagnosis questionnaires, nor to those of email correspondence with the clinic or the practitioner or any other document including medical information.

  The confidentiality of exchanges between the patient, physicians and surgeons is guaranteed through a system of encryption when capturing and storing data. Only solicited doctors or surgeons have access to the medical information on the patient.

France SURGERY reserves the right to collect data on the client being understood however that they will remain strictly confidential and will not be disclosed to third parties. The client is informed that such an Automatic Processing of Personal Data has been declared to the CNIL (the French Data Protection Authority) under the number of HpK0103486y on the 11th November, 2010.

Pursuant to the Act of 6 January 1978, the client has a right of access, opposition, rectification of data concerning him, either directly online or by postal mail to France SURGERY, at the following address: 22 rue Saint-Joseph - 31400 TOULOUSE, FRANCE.

Article 8. - Liability

Throughout all the stages of the ordering process and during the steps following the conclusion of the contract, France SURGERY has an obligation of means. France Surgery commits itself to describe the services sold on its site with the greatest accuracy.

The information which will be communicated to its client by France SURGERY via www.france- surgery.com, its Internet platform, come from third parties such as health establishments or Service Providers..

  France Surgery cannot be held liable for any information item supplied to them by third parties..

All information obtained on www.france-surgery.com, or through France SURGERY cannot in any way engage the responsibility of France Surgery..

  France SURGERY, via www.france-surgery.com performs the upstream role of a negotiator and compares rates for its international clients..

Under no circumstances France SURGERY, via its Internet platform intervenes in the payment of medical benefits; neither can France SURGERY be asked for any refund of sums paid to one or more health facilities or to a practitioner..

Similarly, if for some reason, a health care facility or a practitioner fails to fulfill their obligations or fulfil them poorly, it would be the health care facility or practitioner that could be blamed and their the sole responsibility of, excluding all claim or legal action against France Surgery of any kind..

It is the sole responsibility of the client to obtain any permission, passport, visa or other administrative formalities as may be requested by Service Providers or national authorities to be able to complete the trip chosen by the client.

France Surgery accepts no responsibility and provides no guarantee for:

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    Tourist services,
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    Diagnoses,
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    Choice of medical treatment and/or surgical procedures and their appropriateness or not,
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    Implementation of medical treatments and/or surgery,
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    Compliance with medical treatment and/or surgery with the commitments made by health care facilities,
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    Security and prevention,
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    Any other kind of service provided by the Health Facilities, practitioner or any other person associated with them or workers related to health facilities from whom the client would have required services.
In no event shall france surgery intervene in the choice of the practioner or Health facility, such a choice being under the sole responsibility of the Patient, france surgery cannot be liable for such a choice.
France surgery is not responsible for any acts, errors, omissions, promise,
Warranty, negligence, or breach of contractual obligations from health Facilities, practioners or any other person associated with health Facilities or service providers, neither is it responsible for any physical Injury, death, material damage or any other resulting damage or expenses.

The client acknowledges that all medical, surgical or other benefits can provide a risk.
Therefore, the client declares that:

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    It has obtained information or has been advised by France Surgery about the need to seek the advice of an independent and qualified practitioner.
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    France Surgery has not not given any advice or opinions that a reasonable person can consider as an opinion or advice of a medical nature (including, but not limited to, any risks or side effects related to surgery).
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    Even if France Surgery may have provided information on Health Establishments, it cannot be held responsible for the service delivery by health facilities or practitioners.
The client agrees not to hold France SURGERY, its subsidiaries, officers, members, employees, agents, or representatives, liable for any direct or indirect damage (including, but not limited to, profit losses and/or damage resulting from inconvenience, delay, loss of utility, or physical or mental harm) related to or resulting from the use of information from the www.france-surgery.com website or agreements made or information obtained on www.france- surgery.com, or even not to bring proceedings in liability as he/she acknowledges using these services at his/her own risk.

In all cases, France SURGERY shall not be made liable if the breach of its obligations will be attributable to an unforeseeable and insurmountable fact of a third party to the contract or to a force majeure event, as defined by the French case law; neither shall it be for any delay or failure due to a fortuitous event, because of the other party or a third party or external causes such as social conflict , intervention by civil or military authorities, natural disasters, fires, water damage, interruption of telecommunications network or power grid.

Similarly, the responsibility of France SURGERY will not be engaged for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or presence of computer viruses.

Article 9. - Intellectual property

All elements of France SURGERY ‘swebsite, either visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of France SURGERY. A client possessing a personal Internet site and who, for personal use, wishes to place a direct link to France SURGERY on its website, must first submit prior written authorization to the Company.
In all cases, any unauthorized link must be removed on simple request by France SURGERY.

Article 10. – Duration of the contract

The present conditions apply throughout the duration of the contractual relationship between the parties.

Article 11. - General provisions

11.1. - Entire Contract

The parties acknowledge that the present Contract constitutes the entire agreement between them and replaces any offer, arrangement or previous agreement, written or verbal, with the exception of legal notices showing on the site and which are an indivisible whole with the present contract.

11.2. - Contract Changes

No subsequent document, no modification of the contract regardless of the form will not produce any effect between the parties without taking the form of an addendum signed and dated by them.

11.3. - Nullity

If any provision of this contract turned out to be invalid under the rule of existing law or a judicial decision having become final, it would be deemed null and void, without invalidating the contract or altering the validity of its other provisions.

11.4. - Waiver

The fact that either party does not claim the application of any clause in the contract or acquiesces in its breach, either permanently or temporarily, shall not be construed as a waiver by that party to the rights arising for it from that clause.

11.5. - Domicile

The parties elect domicile at the addresses indicated on the order form for the client and on the address appearing on the site for France Surgery.

11.6. - Applicable law and disputes

The present conditions are subject to French law. The competent jurisdiction in the event of a dispute regarding the interpretation or enforcement of this contract will be the court of the location of France SURGERY’s headquarters.
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