Welcome to the website of SWISSMEDO and thank you for using SWISSMEDO’s services (“Services”).
By using SWISSMEDO’s Services, you as the user (“User”) are agreeing to these General Terms and Conditions (the “Terms”). Please read them carefully.
Some of our Services are subject to additional terms. Additional terms will be available with the relevant Services and those additional terms become part of your agreement with SWISSMEDO if you use those Services.
- Scope of SWISSMEDO’s Services
1.1 SWISSMEDO is a service platform which purpose is the provision of a marketplace for medical service providers including but not limited to hospitals and clinics (“Providers”)
1.2 SWISSMEDO provides additional services to the User, each at an individual cost, including but not limited to case management, transfers, medical record translation, on-site medical interpreter, remote second opinion, organization of visa and accommodation of companion.
1.3 SWISSMEDO does not refer the User or other patients to specific Providers but only provides information about Providers based on the User’s needs, i.e. time frame of availability, geographic area, medical needs, etc. Thus, the User will not be allocated to any Provider but will instead be provided with a list of Providers (including the name, address, specialization, etc.) of which the User can choose one and book an appointment with.
1.4 SWISSMEDO discloses details and information on Providers based on data, either provided by the Providers or collected and curated from online and offline information from a variety of sources. Although SWISSMEDO uses reasonable skill and care in performing the Services it will not verify if, and cannot guarantee that, all information provided is accurate, complete or correct, nor can SWISSMEDO be held responsible for any errors (including manifest and typographical errors), inaccurate, misleading or untrue information provided by the Providers or non-delivery of information by the Providers. The website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or qualification of any Provider.
1.5 SWISSMEDO channels and thereby facilitates the communication between the User and Providers. In particular, SWISSMEDO provides different forms the User may use in order to enquire about the Provider’s medical services. Should the User and the Provider decide to conclude a contract, SWISSMEDO is not involved in the contractual relationship between the User and the Provider and also in no way influences the conclusion or the content of the contract. SWISSMEDO does not assume any rights, obligations or liabilities vis-a-vis the User out of a contract concluded between a Provider (or another third party) and the User.
1.6 SWISSMEDO does not provide medical services itself. The information provided on SWISSMEDO’s website including the information provided by the Providers and other third parties cannot replace a medical consultation or a medical examination and shall not be used to independently decide whether to commence or terminate a medical treatment.
- Conclusion of Contract
2.2 SWISSMEDO Services are free for the User. The User can, however, solicit additional personal or logistical support or order other additional services for an extra charge. Before ordering a Service for which a charge applies, the exact charge amount will be displayed at the checkout page. The User will be able to review and correct the order data before clicking the button “buy service”.
2.4 With the placement of an order, the User does submit a binding offer to SWISSMEDO for the conclusion of a contract concerning the requested Service. The User will then receive an automatic confirmation email regarding the receipt of the electronic order which does not, however, constitute the binding acceptance of the order.
2.5 The User may request to remove their submitted personal, specific personal and medical data from SWISSMEDO databases at any time by sending an email to [email protected] In compliance with the Privacy Policies, SWISSMEDO will delete or block the personal data and specific personal data of the User as soon as the User has requested to do so. However, for the purpose of being able to trace and document the history of inquiries of the User or Providers in the event of any legal disputes related to Providers contacted by the User via SWISSMEDO’s platform, SWISSMEDO will keep the first and the last name of the User and his or her email address. SWISSMEDO will not use this data for any other than the aforementioned reason, in particular not for any promotional purposes, after such a request from the User.
2.6 Any User who is a consumer shall be entitled to withdraw from the contract.
- Additional Services
3.1 SWISSMEDO also provides Additional Services that the User can purchase in order to streamline their medical trip organization. Each service has a different cost and will be informed by SWISSMEDO once the User selects these services from the Pricing section on the website. SWISSMEDO reserves the right to update the prices for Additional Services at its discretion and will display these prices in the general Pricing section of the Additional Services list.
3.2 The Additional Services may include but are not limited to the following:
- SWISSMEDO Personal Assistance package.This service of case facilitation includes:
- full case management with a dedicated Care Team member who will assist the User with their needs from inquiry to treatment to recovery,
- 24 hour response to the inquiry,
- possibility to compare prices through the provision of multiple personalized treatment plans
- priority appointment scheduling,
- secure payment due to SWISSMEDO acting as a guarantor for any deposits paid toward the costs of the User’s medical treatment.
- Airport-Hotel-Hospital Transfer. This service includes a car service and chauffeur to connect you to the airport, the hospital, and/or the hotel. The price listed is per trip. For more complex transportation needs, SWISSMEDO also offers discounted package rates which are available upon request.
- Visa Service. This service covers the provision of an invitation letter, which is often required in order to obtain a medical treatment visa. This fee does not cover any extra charges which will have to be payed directly to the embassy.
- On-Site Medical Interpreter. This service, paid on hourly basis includes an experienced medical interpreter who will accompany the User at the hospital and support the communication between medical staff and the User. This Service can be booked for minimum two hours. SWISSMEDO offers discounted rates for medical interpretation exceeding 8 hours.
- Logistical Assistance. This service provides support with finding and booking travel and accommodation at the destination of treatment. A SWISSMEDO Care Team representative will present the user with travel and/or accommodation options with their prices. SWISSMEDO does not provide the travel or accommodation services. The costs of the actual accommodation and/or flights are paid by the travelling User.
- Custom A-to-Z Concierge Package. All-inclusive service package, which includes flights and accommodation booking. The contents and price of the package will be discussed with the User and all conditions will be provided with booking the package.
- Remote Second Opinion. SWISSMEDO can organize a review of the User’s medical files by a specialist doctor with the purpose of getting a second opinion regarding the current medical diagnosis of the User. The outcome of a second opinion service is a report written by the selected specialist. SWISSMEDO Remote Second Opinion service includes facilitation of the process of identifying the specialist, the exchange of the medical files and the transfer of the final report to the User.
3.3 The prices of the Additional Services are listed under the Pricing section through the following links: “Our Services” > “Pricing”. Should the User choose to purchase those Additional Services, the following provisions apply:
SWISSMEDO will either
(a) Purchase the respective Travel Service(s) on behalf of the User directly from the provider of the Travel Services or an intermediary (“Travel Service Provider”); this option requires advance payments by the User to SWISSMEDO which SWISSMEDO will use to pay the Travel Service Provider; or
(b) Send the User a link enabling him or her to purchase the respective Travel Service(s) directly from the Travel Service Provider him- or herself at User’s cost.
3.4 SWISSMEDO will not provide the respective Travel Services itself but only assists the User in booking the respective Travel Services carried out by the Travel Service Provider. Thus, the respective agreement will only be concluded between the User and the Travel Service Provider and any declarations, queries or claims regarding the Travel Service(s) should be addressed directly towards the Travel Service Provider.
3.5 By making a booking with a Travel Service Provider (either directly or through SWISSMEDO as User’s agent), the User accepts and agrees to the relevant terms and conditions of the Travel Service Provider. Should SWISSMEDO purchase the Travel Service(s) on behalf the User (Section (a)), the terms and conditions of the Travel Service Provider are made available by SWISSMEDO via the Terms & Conditions in the purchase page. Should the User wish to review, adjust or cancel the Travel Service once the booking is made, he or she should revert to SWISSMEDO at [email protected] and follow the instructions from there.
- Rating Systems
4.1 Certain types of forums are set-up on SWISSMEDO’s website enabling the User (i) to provide information in order to review the services of Providers and to exchange experiences and opinions with other users, (ii) to evaluate Providers by way of a rating system and (iii) to give recommendations to SWISSMEDO, other users or Providers (such forums the “Rating Systems”). These Rating Systems reflect personal perceptions, experiences and assessments of the Users. The User has no right to use or to the flawless functioning of the Rating Systems and SWISSMEDO may shut down the Rating Systems at any time or interrupt the service.
4.2 The User shall only rate services of Providers or other third persons that he or she has personally used. The User is prohibited from making any ratings in a user forum provided by SWISSMEDO, if they contain untrue facts, are defamatory or if they are not permitted by law (e.g. because they are of an abusive or disparaging nature).
4.3 In the event of a violation of User’s obligation, SWISSMEDO is entitled to delete the respective ratings and – while taking into account the relevant User’s legitimate interests – to block the User’s account temporarily or permanently.
4.4 The User agrees to the long-term storage and publishing of his or her ratings made in the forums, irrespective of a termination of User’s registration with SWISSMEDO.
- User’s Obligations
5.1 The services of SWISSMEDO are available to individuals who are 18 years or older. The User is entitled of using SWISSMEDO’s Services on behalf of a third person below the age of 18, and shall inform SWISSMEDO of any activity performed on behalf of the afford-mentioned third person.
5.2 The User shall only provide true and up to date information to SWISSMEDO, Providers or other third persons on this website or in connection with Services rendered by SWISSMEDO.
5.3 In the event of a violation of User’s obligation, SWISSMEDO is entitled to delete the respective information and while taking into account the relevant User’s legitimate interests – to block the User’s account temporarily or permanently.
5.4 Please refer to Section 5.2 with regard to User’s obligations in connection with the Rating Systems.
5.5 If a claim is made by a third person against SWISSMEDO due to a culpable violation of User’s obligation, the User is obligated, to indemnify SWISSMEDO against third parties’ claims as well as against costs which may be incurred by SWISSMEDO as a result of an appropriate legal defence (e.g. court and lawyers’ fees). The right to claim further damage compensation remains unaffected.
- Liability of SWISSMEDO for own services
6.1 Other than as expressly set out in these Terms or additional terms, SWISSMEDO does not make any promises or quality declarations about the Services rendered by it and does not grant any guarantees regarding those Services.
6.2 Unless stated otherwise, SWISSMEDO is only liable in the event of a deliberate act or gross negligence.
6.3 With regard to claims arising from injury to life, body or health, SWISSMEDO is also liable for mere negligence.
6.4 SWISSMEDO is also liable for simple negligence if a material contractual duty has been breached. Such a material duty, which endangers the performance of the purpose of a contract, is involved if the orderly execution of the contract is only possible by fulfilling the respective duty and if the User may routinely trust that those duties will be fulfilled. The User’s claim for damages in the event of a breach of material duties on the basis of mere negligence is, however, limited to damages that are foreseeable and typical for this type of contract.
6.5 Clauses to 6.4 shall also apply to SWISSMEDO’s legal representatives, employees or any other of SWISSMEDO’s agents.
- No Liability for Services of Third Persons
7.1 SWISSMEDO accepts no liability for the correctness, completion and up-to-dateness of any information provided by Providers or any other third parties on SWISSMEDO’s website. As a service Provider, SWISSMEDO is only responsible for its own content that is held for use on SWISSMEDO’s website. However, as a service provider, SWISSMEDO is not obligated to monitor transferred or stored external information or check said information for circumstances that point to unlawful activity. Irrespective of this non-responsibility, SWISSMEDO’s obligations to remove or block the use of information in accordance with other legal provisions shall remain unaffected.
7.2 SWISSMEDO’s website contains cross references (so-called links) to websites belonging to third parties (e.g. Providers, travel agencies or certification bodies) over the content of which SWISSMEDO has no influence. The relevant owner or operator of the websites alone is responsible for the content of linked sites. SWISSMEDO does not assume any liability for this external content. The linked sites were cursorily checked by SWISSMEDO for possible violations of the law when they were first linked to; there was no obvious violation of the law of the content discernible at that time. However, SWISSMEDO does not constantly check the external content for changes which could form a new basis for a liability. Nonetheless, SWISSMEDO will remove a link to a third-party-website if it becomes apparent that the content of the linked website is unlawful and might result in any liability of SWISSMEDO.
- Data Protection
8.1 For the Services provided by SWISSMEDO, it is necessary to collect, process and use personal data and a special category of personal data, which requires the prior consent of the User. Please refer to SWISSMEDO’s Privacy Policies explaining under which circumstances User’s data are collected, processed and used when using SWISSMEDO’s Services.
8.2 The User may use this website and the information on it only for the User’s non-commercial, personal purposes.
8.3 All content of SWISSMEDO’s website is protected by copyright and intellectual property rights and partially originated from third parties. All intellectual property rights in the website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned either by SWISSMEDO, the Providers or third parties. When using the Services, the User is not granted with any licenses of SWISSMEDO’s intellectual property rights with respect to Services rendered and information provided by SWISSMEDO. Any utilisation not permitted by the copyright law requires advance written approval from SWISSMEDO. Downloads and copies of content from SWISSMEDO’s website are only allowed for private and non-commercial use.
8.4 SWISSMEDO is entitled to use the information, inquiries and communications (e.g. to and with Providers) provided by the User or contributions made by the User in forums et cetera for SWISSMEDO’s business provided that this use shall comply with the applicable data protection regulations.
- Validity and Change of the Terms; applicable law; venue
9.1 Only SWISSMEDO’s Terms shall apply regarding the use of SWISSMEDO’s website and its Services by the User. The User’s general terms and conditions or similar regulations are herewith expressly rejected.
9.2 These Terms remain in force until they have been changed or terminated by SWISSMEDO. If the User does not consent with these Terms, he or she has immediately to cease the use of the Services and the User is obligated to terminate his or her user account
9.3 SWISSMEDO may modify these Terms or any additional terms that apply to specific Services rendered by SWISSMEDO. SWISSMEDO will make available a notice of modifications to the Terms on this website. SWISSMEDO will make available a notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective not earlier than fourteen (14) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If the User does not agree to the modified terms for a Service, he or she has to discontinue the use of that Service
9.4 If there is any inconsistency between the Terms and the additional terms valid for specific Services rendered by SWISSMEDO, the additional Terms will prevail to the extent of the inconsistency.
9.5 To the extent permitted by law, these Terms and any additional terms for specific Services rendered by SWISSMEDO and any disputes arising out or in connection with the respective terms shall be exclusively governed by the laws of Germany (without its choice of law provisions). The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
9.6 Any dispute arising out of these Terms and the Services shall exclusively be submitted to the competent courts in Zurich, Switzerland. If the mandatory statutory law does not allow this choice of venue, all claims arising out of or relating to these Terms and any additional terms for specific Services rendered by SWISSMEDO as well as the Services shall be litigated by the courts pursuant to the statutory law.
9.7 If any provision of these Terms is or becomes invalid, unenforceable or non-binding, the User shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the User will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
- Consumer’s right to withdraw from contract
10.1 Consumers are entitled to withdraw from the contract within a fourteen (14) days period without stating any reason by express declaration (e.g. letter, email). The period commences upon the conclusion of the contract. The consumer may use the “Standard Form Right of Withdrawal”. However, the use of the form is not mandatory. [The consumer may fill out and submit the “Standard Form Right of Withdrawal also electronically. In this case, SWISSMEDO will immediately confirm receipt of the withdrawal electronically (e.g. via email).]
Dispatch within this period shall be sufficient to meet the deadline and shall be addressed to:
Email: [email protected]
10.2 In the event of effective withdrawal, SWISSMEDO will refund all payments received, including delivery charges (except for additional costs incurring from the consumer’s choice of a different delivery method than SWISSMEDO’s standard delivery method), immediately but not later than 14 days from the date SWISSMEDO received the consumer’s declaration of withdrawal. Return payments by SWISSMEDO will be credited to the credit card the consumer used when ordering the goods unless expressly agreed otherwise. Under no circumstances, SWISSMEDO will charge the customer any expenses for the refund.
Latest Update: June 1st, 2018