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Wellbe Terms and Conditions 2017-09-19T10:44:17+00:00

Terms and Conditions for use of Wellbe services

Wellbe Terms and Conditions

By accepting this General Terms and Conditions, the Client allows Wellbe to collect and process Client’s personal information with the purpose to conclude a contract under this General Terms and Conditions and for other purposes prescribed by this General Terms and Conditions, all in accordance with this General Terms and Conditions.

Wellbe: refers to Wellbe d.o.o., limited liability company, incorporated pursuant to the regulations of Republic of Croatia, headquartered in 52100 Pula, Splitska 12, OIB: 09397897211. Wellbe acts as mediator, between the buyer and the medical services provider, who analyses the market, chooses and suggests the programmes and participates in stipulation of the contracts for providing medical services.

The Client: is a private person and/or legal entity using the services of Medical Service Provider and the mediator Wellbe, defined in this General Terms and Conditions. Using the term Client implies, with equal legal effect, the reference on male or female, singular or plural, and it is herein used as universal term intended for better understanding, and is not in any way whatsoever used for any kind of discrimination.

Medical Service Provider: is a general term for a medical institution registered pursuant to the laws of Republic of Croatia, authorized for providing healthcare, and employs the required number of expert health care personnel. The term Medical Service Provider implies one or more medical institutions of different specializations for certain health care area. The term Medical Service Provider is limited only on medical institutions in contractual relations with Wellbe.

Medical service: is medical/doctor treatment provided by the Medical Service Provider. The medical services consist of medical/health care check, and medical/health care treatment, all pursuant to the provisions set forth herein.

Travel Services Provider: is a general term for legal entity providing travelling and accommodation services and acting as a travel agency. The term Travel Services Provider implies one or several legal entities providing those services and is limited to those legal entities in contractual relations with Wellbe.

Travel Service: is a service which implies transport, transfer, accommodation and other similar and related services the Client could require.

Third party: this term implies third private person and/or legal entity who is not, in any way whatsoever, directly and/or indirectly, connected with the Client.

Agreement: this term implies the Medical Services Contract to be concluded between the Client and the Medical Service Provider. It shall be considered that the contract is concluded upon the Client accepted the Medical Service Provider’s offer via Wellbe’s e-mail.

The Wellbe’s goal and activity is to analyze, chose, propose and mediate in selling of Medical Services to the Client. Wellbe’s acting is limited to mediation of the Medical Service provided exclusively within the territory of Republic of Croatia. These General Terms and Conditions are published on the Wellbe’s website (www.wellbe-ims.com) and represent the component part of any and all agreements entered into by the Client and Medical Service Provider, and/or Wellbe as the case may be. In the case when the Agreement contains one and/or more provisions that are contrary and/or arrange certain relations, rights and/or obligations differently than this General Terms and Conditions, the provisions set forth in the Agreement shall apply. These General Terms and Conditions are binding to the contracting parties from the day of being accepted by the Client.

If explicitly required so by the Client, Wellbe shall recommend a Travel Services Provider who shall offer the required services of transport, transfer, accommodation, and other similar and related services.

If explicitly required by the Client, Wellbe shall forward to the Travel Services Provider the Client’s request and needs for organization of transport, transfer, accommodation and other similar and related services the Client could request in order to achieve optimal organisation  of the medical services, stay and leisure time.

Medical Services and Travel Services are custom-made pursuant to the Client’s request, health condition, needs and requirements. The procedure of

Booking the Medical Service is the following:

  1. The Client shall send a request for providing Medical Services to Wellbe and therein shall specify the description of the required Medical Services with the proposed time period for the Medical Service. The Client will enclose (if needed) the relevant medical documentation;
  2. Wellbe shall forward the request with the supporting medical documentation to the Medical Services Provider estimated to be the most convenient to meet the Clients needs, not later than 2 working days upon the day of receipt of all the documents and statements which Medical Service Provider and/or Wellbe may require. In case Medical Service Provider and/or Wellbe finds necessary that the Client supplements the request with specific documentation, Wellbe is authorized to require from the Client such supplement. In case the Client for any reason whatsoever,  after 21 calendar days, fails to meet the Wellbe’s request for supplements, Wellbe will have no responsibility to make any further activities, and will inform the Client about it within further 3 working days;
  3. After the receipt of Wellbe’s request Medical Service Provider will send to Wellbe the offer for providing Medical Services containing the specification of the necessary Medical Services, together with the offer of the price for providing Medical Services;
  4. Once Wellbe receives the Medical Service Provider’s offer, the same shall be reviewed, checked and immediately forwarded to the Client;
  5. The Client has the obligation to declare to Wellbe within 15 calendar days whether the offer is accepted. With the written e-mailed confirmation accepting the offer sent to Wellbe’s e-mail address it shall be considered that the contract is concluded;
  6. It shall be considered that the Agreement between the Client and the Medical Services Provider has been concluded after the Client accepted the Medical Services Provider’s offer.

In case the Client required a Travel Service from the partner Travel Service Provider, the booking procedure shall be the following:

  1. The Client shall specify his needs for travel agency services;
  2. Wellbe shall forward the request to the Travel Service Provider together with the timeframe of the Medical Services;
  3. Travel Service Provider shall contact the Client, analyze the needs and propose the offers to the Client;
  4. The Client who accepts the Travel Service Provider’s offer entirely or partly, shall conclude a contract with it;
  5. Upon concluding the contract, the Travel Service Provider shall inform Wellbe regarding relevant parts of the contract – the itinerary and other relevant information necessary for Medical Services Provider’s and Wellbe’s activities.

The Client confirms to be authorized to make the booking. The Client confirms to be at least 18 years of age, unless parent and/or curator of a minor makes the booking on behalf of the child, respectively the minor provides a written consent of the parents and/or curators. The Client is obliged to notify Wellbe on any Client’s limited mobility, any other disability or requirements of special services. Wellbe shall have no liabilities for any damages to the Client and/or his family member and/or third person in failing to provide adequate care if the Client failed to informed Wellbe on all his needs.. The Client is obliged to check the accuracy of all the information that were in any way whatsoever provided to Wellbe. All the information must be provided to Wellbe timely, prior to concluding the Agreement, all pursuant to the provisions set forth herein.

The detailed description of the medical and travel (as the case may be) services, price, the manner and terms of payment shall be determined by the contract concluded between the Client and Medical service Provider and/or the Client and Travel Services Provider respectively.

Services are paid directly to Medical Service Provider and/or Travel Service Provider based on the issued offer or invoice.

The detailed specification of accommodation, transport and transfer shall be contained in the agreement to be concluded between the Client and the Travel Services Provider. The services are paid directly to Travel Services Provider based on the issued offer or invoice.

Should the Client, for any reason whatsoever, cancels the Medical Services defined in the Agreement, the Medical Services Provider will retain 15% of the agreed Medical Service price. The Client’s failure to arrive at the agreed time for the Medical Services, shall be also considered as the cancellation.

In the case of cancellation by the Client during delivery of the Medical Services, when the Medical Service Provider already provided certain services defined by the Agreement in the value exceeding the retainer of 15% according to the official Medical Service Provider’s Pricelist (hereinafter: the Pricelist) the Client is obliged to settle such remainder pursuant to the invoice issued by the Medical Service Provider.

The Medical Service Provider retains the right to cancel the service to the Client for reasonable cause as for example, but not limited to:

  1. If upon detailed examination of the health condition of the Client is determined that medical treatment could have a bad influence and/or harm the health and/or the life of the Client, the Medical Service Provider is free to reject to provide Medical Services to the Client, if it would thereby violate legal regulations and/or good medical practice. Such rejection shall be considered as cancellation by the Medical Service Provider due to reasonable cause. Wellbe shall bear no responsibility in any way whatsoever for any such possible cancellation by the Medical Service Provider, neither for any damages which could thereby, on any grounds, directly and/or indirectly occur to the Client and/or his family members and/or Third parties.
  1. War, terrorist attack, flood, earthquake, fire, storm and other unpredictable and other cases which could not be prevented.

Furthermore, the Medical Service Provider is entitled to cancel the service to the Client if the Client, due to his own fault or lack of attention, is in such condition which disabled him to use the service under the same conditions as prevailed at the time of booking. Should the Medical Service Provider cancel the service for the above specified cases, than it shall bear no responsibility for any damages on any grounds which could thereby directly and/or indirectly occur to the Client and/or his family members and/or Third parties.

The Medical Service Provider shall refund the Client the amount paid (if any) for Medical Services after deducting the price for already provided Medical Services. and the costs the Medical Service Provider may have due to such cancellation

Wellbe acts as a mediator between the Client and the Medical Service Provider and/or recommends Travel Service Provider in the Republic of Croatia and therefore Wellbe shall not be liable for any material and/or moral, in case of any accident, damages, injury, delays or irregularities directly and/or indirectly caused to the Client and/or his family members and/or third persons which are in any way whatsoever connected with the Medical Service and/or Travel Service. Wellbe shall not be liable for any loss and/or damage and/or alienation of luggage and other personal property of the Client and/or his family members and/or Third Persons. Wellbe shall not be liable neither for the choice of travel arrangements, type of accommodation, time and duration of stay, type and methods of treatment.  Therefore, considering that the final choice is always the Client’s, and considering that Wellbe does not act as the Client’s advisor, Wellbe cannot be considered liable for any loss, damage or any discomfort that may occur to the Client and/or his family members and/or Third Persons. Wellbe herewith confirms that Medical Service Providers are authorized medical institutions registered and run pursuant to the laws of Republic of Croatia, and are meeting all the technical and expert requirements prescribed by the law. Wellbe is not liable for the quality of the provided Medical Services. Wellbe herewith confirms that all the Medical Service Providers, in particular the Medical Service Provider’s doctors and the personnel, are the professionals with the adequate knowledge and experience, having the required equipment to deliver the Clients requirements according to the concluded Agreement, as well as meeting the high professional and ethic standards. Wellbe is, furthermore,   checking that the Medical Service Providers have the adequate professional indemnity insurance. Wellbe makes every effort to keep the accuracy of the information published on its web site (www.wellbe-ims.com), however Wellbe shall bear no responsibility for any damages that could occur directly and/or indirectly as a consequence of incorrect and/or out of date information published on the specified web-site. In case of a dispute, for any reason whatsoever, between the Client and Wellbe, it shall be attempted to resolve it amicably.

If a court proceeding would be filed, than the Client and Wellbe agree that any proceeding will be conducted before the court in Republic of Croatia competent according to the Wellbe’s seat, independently on the type of the proceeding, and in such proceeding it shall be applied exclusively Croatian substantive and procedural law.

The Client is obliged to have all the necessary travel documents, required visas and to be medically fit for the travel. The above specified are explicit Clients obligations, therefore Wellbe shall bear no responsibility for any damages which could occur directly and/or indirectly to the Client and/or his family members and/or Third persons if the Client failed to comply with this provision.

By accepting this General Terms and Conditions, the Client allows Wellbe to collect and process Client’s personal information with the purpose to conclude a contract under this General Terms and Conditions and for other purposes prescribed by this General Terms and Conditions, all in accordance with this General Terms and Conditions.

On any visit to the web page www.wellbe-ims.com Wellbe collects certain information like IP address, as well as the information on the web browser and the operating system being used by the user, application version, language choice and visited internet pages. If the Client is using the mobile device, Wellbe may collect the data which enable recognizing the mobile device, the settings of the device and information on latitude and longitude.

The primary purpose of using the Client’s personal data is to meet the Clients need to the highest possible degree.

The collected Client’s data may also be used in marketing purposes, if allowed by the law. For example:

  • During and after the booking, Wellbe is free to use the Client’s contact data for sending the news about similar products and services.  Upon Client’s consent Wellbe send newsletters by e-mail. It is possible to sign out at any time from receiving any marketing messages by clicking the “sign out” link in each newsletter.

Depending on the data the Client shared with us, personalized messages could be conveyed tomobile applications or other internet pages, including the social media pages.

  • During offer preparation Wellbe may contact the Client by phone.

Depending on the contact information the Client provided us with, Wellbe may contact the Client by e-mail, mail, skype, phone or SMS, in following cases:

  • when replying to the requests;
  • if the Client does not complete his booking online
  • for sending the questionnaire for assessing the service quality for sending the Client’s booking details
  • Market research
  • Detection and preventing the fraud: Wellbe can also use the personal data for discovering and preventing a fraud and other illegal or unwanted activities,
  • Improving the service: Wellbe uses personal data with the purpose of analysis in order to advance its services and improve the Clients experience and the functionality and quality of the service.

As the case may be, Wellbe can share the Clients data with third parties.

  • The relevant data shall be forwarded to the Medical Service Provider and/or Travel Services Provider therefore the Client could complete his booking.
  • Competent authorities: The investigatory and government bodies may access the personal data if so defined by the law or required for preventing, disclosure or investigation of criminal offences and fraud.
  • Business partners

Internet page www.wellbe-ims.com is using cookies, respectively small quantities of data which are being saved by the internet page in the web browser of the Clients computer or mobile device. Internet pages do not have their own memory. If you are switching the web pages within one internet page, the system will not recognize you as the same user on all the pages. Cookies enable the system to recognize you as the same user on all the pages. Cookies furthermore enable to save your settings as for example language choice, the currency you are using and your search criteria. Cookies furthermore enable the system to remember you once you are back on a particular page.

The access to the Wellbe’s cookies is allowed exclusively to Wellbe. The cookies set by third parties can be accessed by the third parties.

According to the European data protection laws, Wellbe undertakes reasonable proceedings in order to prevent the unauthorized access and the misuse of the personal data.

For storage and protection of the data entrusted to us, Wellbe is using appropriate business systems and procedures, safety procedures and technical and physical restrictions of access and use of personal data on the servers. The access to the personal data is allowed exclusively to the authorized personnel for business purposes.

The Client’s credit card data – when required in the booking procedure – are stored not longer than for 10 days. After that, the credit card data are permanently deleted from the system or remain saved dispersed in the system with the purpose of misuse detection, unless chosen option is that the data are saved in the Client’s personal user account. In such case, the Client’s credit card data shall be saved in dispersed form, but without for last digits of the Client’s credit card number.

The services provided by Wellbe are not intended for the children of less than 18 years of age. Using any of our services is allowed exclusively with valid parents or curator’s consent. In case we receive any data by a person younger than 18 year of age, we retain the right to delete them.

It shall be considered that the Client accepted the entire content of these General Terms and Conditions if the Client fulfilled at least one of the following items:

  1. Sent a booking request to www.wellbe-ims.com or to one of the Wellbe email address
  2. Made any kind of payment to Medical Service Provider
  3. Started using any of the services provided by Wellbe
  4. Declared to accept the General Terms and Conditions
  5. Accepted the Medical Services Provider’s offer.

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