These general terms and conditions (hereinafter the "General Conditions") apply to any order for services made by a natural or legal person on the website accessed via [www.hosppe.com] for French Care Partners, SAS with a capital of 40,000 euros, registered with the RCS of Paris under the number 841 859 721, France Tel : +33 (0) 6 32 85 71 25, email : email@example.com.
French Care Partners would like to remind users of its website that every patient has the right to the utmost confidentiality with regard to their health data and more particularly their medical file.
As such, French Care Partners has implemented security measures conform to standards and ensures the constant updating of procedures implemented in this respect, in accordance with the corresponding regulatory provisions, particularly the General Security Policy for Health Information Systems(PGSSI-S).
ARTICLE 1. DEFINITION
The following definitions and rules of interpretation apply in this agreement :
« Patient account » means the interface hosted on HOSPPE in which all the Data provided by the Patient is grouped.
« General Terms and Conditions » or « GTC » means this Contract, the purpose of which is to set out the contractual provisions relating to the respective rights and obligations of French Care Partners and the Patient, in connection with the performance of the Services.
« Creations » means all the information, logos, animations, drawings, photographs, forms, databases, texts, software, IT developments, know-how, made available to the User by French Care Partners under the present Contract.
« Request for Quote » means all the Data and information provided by the Patient to French Care Partners that the latter transmits to the Establishments so that they can issue a Quote.
« Quote » means the commercial proposal issued by an Establishment for the attention of the Patient and transmitted via HOSPPE
« Data » means all the information, texts, logos, brands, animations, drawings and models, photographs, Personal Data, Health Data, hypertext links, and in general all the elements and content posted by Users on HOSPPE.
« Health Data » means the Patient’s Personal Data relating to his state of health which is therefore sensitive data and comes under Article 9 GDPR.
« Personal Data » means any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Health Data is Personal Data.
« Establishment » refers to any structure registered with the National Register of Health and Social Institutions created by a decree of November 13th, 2013 (FINESS), to which French Care Partners addresses the Quote Requests, based on the Data provided by the Patient.
« French Care Partners » designates the company French Care Partners, a simplified joint-stock company with a capital of 40,000 euros, registered with the Paris Trade and Companies Register under number 841 859 721, whose head office is located at 173, rue de Grenelle - 75008 PARIS, and which publishes and operates HOSPPE.
« HOSPPE » designates the [www.hosppe.com website], published and operated by French Care Partners and which groups together all the web pages, computer elements, services and features offered to Users.
« Identifiers » means the email address and password for accessing the Patient Account. These identifiers are for the exclusive use of the Patient who is solely responsible for them.
« Patient » refers to any HOSPPE user who has created a Patient Account in order to submit Quote Requests to Establishments for themselves or acting on behalf of a third party under a special mandate.
«Professional» means any user of HOSPPE who has created a Professional Account in order to send Quotation Requests to the Establishments by acting on behalf of a third party under a special mandate.
The Professional is a natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, artisanal, liberal or agricultural activity in accordance with the preliminary article of the Consumer Code.
« GDPR » means the European Parliament (EU) 2016/679 and the Council of 27th April 2016 Regulation relating to the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing the directive 95/46/CE
« Services » refers to the services provided by French Care Partners for Users of HOSPPE.
« User » refers to anyone who accesses and browses HOSPPE, either as a simple user or as a Patient.
ARTICLE 2. OBJET
The purpose of these GTC’s is to set out the contractual provisions relating to the respective rights and obligations of French Care Partners and the Patient in connection with the performance of the Services.
Users are clearly informed and acknowledge that HOSPPE is intended for:
• For any person accessing HOSPPE in order to benefit, for his own account, from an Estimate:to natural persons and acting outside a professional framework;
• For any person accessing HOSPPE in order to benefit, on behalf of a third party, from an Estimate: to natural or legal persons acting in a professional or non-professional capacity.
The service offered by HOSPPE is aimed at foreign patients (acting directly or through an agent) wishing specific care in France and commissioning the company French Care Partners to search for a care facility for them that can accommodate them with a personalized estimate. The patient is informed that he can contact directly a French care facility of his choice, or call HOSPPE for this service.
Any third party, whether Professional (doctor, etc.) or not (family, friend,..) may file a Request for Quotation on behalf of the Patient from the moment that the latter has expressly given his consent not the intermediary of a special mandate. Proof of this agreement for the sharing of personal information on the HOSPPE platform is the responsibility of the third party.
For the purposes of this Agreement, the aforementioned third party is defined as:
• “Patient” when the third party acts for purposes that do not fall within the scope of its professional activity, on behalf of a person who will be the beneficial owner of the care services covered by the Request for Quotation;
• “Professional” when the third party is acting for purposes that fall within the scope of his or her professional activity, on behalf of a person who will be the beneficial owner of the care services covered by the Request for Quotation;
The sales department of French Care Partners is at the disposal of professional users and legal entities for the negotiation of dedicated contractual conditions.
ARTICLE 3. ACCEPTANCE OF GENERAL CONDITIONS
The Patient should carefully read the present terms and accept them before proceeding to the payment of a Quote Request made on HOSPPE.
These Terms are referenced at the bottom of each HOSPPE page by means of a link and must be consulted before making the Quote Request. The Patient is invited to read carefully, download, print the GTC and keep a copy.
French Care Partners advises the Patient to read the GTC with each new Request for Quotes, the latest version of these Conditions will apply to any new SERVICES order.
By clicking on the button "I have read and accept the GTC " before the payment of the Quote Request, the Patient acknowledges having read, understood and accepted the General Terms and Conditions without limitation or reservation.
ARTICLE 4. REGISTRATION ON HOSPPE
Article 4.1. As a Patient
To be able to register and make a Request for Quote on HOSPPE, the User must be at least 18 years old and have legal capacity or be under 18 years old and have legal capacity through a court decision. In the latter case, French Care Partners may request proof of the minor's capacity to contract under the GTC and reserves the right to refuse to send a Request for Quote in the absence of sufficient justification within a period of five (5) days following the request for justification and to refund the Patient in full.
If the Request for Quote concerns a person under the age of 18 who does not have legal capacity, registration on HOSPPE must be carried out by a legal representative, authorized to contract on their behalf. French Care Partners may request a proof of this authorization and reserves the right to refuse to send a Request for Quote in the absence of sufficient justification within five (5) days of the request for justification and to refund the Patient in full.
For more information the User can contact French Care Partners at firstname.lastname@example.org.
A Quote Request is only possible if the User has registered and has an Account.
Article 4.1. As a Professional
As stipulated in the definition of “Professional” in Article 1, the Professional is a natural or legal person, public or private, which acts on HOSPPE for purposes falling within the scope of its professional activity in accordance with the preliminary article of the Consumer Code.
The Professional can therefore be a medical or non-medical professional.
In any case, the Professional must be at least 18 years old and have the legal capacity, or be under 18 years old and have the legal capacity under a court decision. In the latter case, French Care Partners may request proof of the minor’s ability to contract under the SGC and reserves the right to refuse to send a Request for Quotation in the absence of sufficient justification within a period of five (5) days following the request for justification and full reimbursement of the Patient.
The Request for Quotation is only possible if the User has registered and has an Account.
If the Request for Quotation concerns a person under 18 years of age and who does not have the legal capacity, the Professional must have a special mandate to act on behalf of that person, such a special mandate to be provided by one of the legal representatives of the person concerned by the Request for Quotation, authorized to contract on his behalf. French Care Partners may request proof of this link and reserves the right to refuse to send a Request for Quotation in the absence of sufficient justification within five (5) days following the request for justification.
For further information, the User may contact French Care Partners at email@example.com.
Article 4.3. Registration procedure
To create an Account, the User must :
• Access HOSPPE via their browser ;
• On the HOSPPE homepage, in the menu, click on « My account » and « create an account ». Or on the HOSPPE home page by clicking on an illness, then choosing a city (optional step), then clicking on « Create an account » ;
• Provide surname, first name, date of birth and email address. This information is mandatory so that French Care Partners can ensure that Quote Requests are made for the individual with the Account ;
• Confirm registration by clicking on « Next screen, create account » ;
• Activate the Account by accessing the email address used previously, then opening the email sent by French Care Partners and clicking the registration confirmation link ;
• Choose a password for the Patient Account.
If the User has not activated the Account within thirty (30) days of registration, all Data is destroyed and the User will have to repeat the registration process.
The information that the Patient provides to French Care Partners when creating the Account. French Care Partners reserves the right to ask the Patient to confirm, by any appropriate means, the identity of the Patient and the Data provided.
To create a Professional Account, the Professional User must:
• Access HOSPPE via your browser;
• On the HOSPPE home page, in the menu, click “Pro Account” and “create an account”.
• Provide name, first name, occupation, institution and email address. This information is mandatory so that French Care Partners can ensure that Quotation Requests are made for the person with the Account;
• Validate your registration by clicking on “Next screen, account creation”;
• Activate your Professional Account by accessing the email address used previously, then opening the email addressed by French Care Partners and clicking on the registration confirmation link;
• Choose the password associated with the Professional Account.
If the User has not activated his Professional Account within a period of thirty (30) days following his registration, all the Data is destroyed and the User must restart the registration procedure.
The information that the Professional provides to French Care Partners when creating the Professional Account must be up-to-date and accurate. French Care Partners reserves the right to ask the Professional to confirm, by any appropriate means, the identity of the Professional and the Data communicated. Article 4.4. Management of Identifiers
The Patient or Professional may change their password at any time, via the "My Account" tab, then "my information".
French Care Partners agrees not to communicate the password. It is the responsibility of the Patient or Professional to ensure the confidentiality of its Identifiers. Any connection to a Patient or Professional Account from its Identifiers shall be presumed to have been made by the Patient himself or the Professional himself, who accepts responsibility for it.
Any Patient or Professional who has knowledge of a fraudulent use of his Identifiers must inform French Care Partners as soon as possible. French Care Partners cannot be held liable for the consequences of fraudulent use of Patient or Professional Identifiers if the latter has not informed French Care Partners.
The Patient or Professional undertakes to create a single Patient or Professional Account on HOSPPE. French Care Partners declines any responsibility for the harmful consequences that the use of multiple Patient or Professional Accounts could have for a single Patient or a single Professional. French Care Partners may disable all Patient or Professional Accounts created by a single Patient or Professional.
Article 4.4. Managing identifiers
The Patient can change the password at any time via the tab « My Account », then « my information ».
French Care Partners undertake not to communicate the password. It is the Patient's or professional responsibility to ensure the confidentiality of his identifiers. Any connection to a Patient Account using its Identifiers will be presumed to have been made by the Patient or professional himself, who accepts responsibility.
Any Patient who has knowledge of a fraudulent use of its Identifiers must inform French Care Partners as soon as possible. French Care Partners cannot be held responsible for the consequences of a fraudulent use of a Patient's or professionnel Identifiers if the latter has not informed French Care Partners.
The Patient agrees to create only one Patient Account on HOSPPE. French Care Partners is not responsible for any adverse consequences that may result from the use of Multiple Patient Accounts for a single Patient. French Care Partners may deactivate all Patient Accounts created by a single Patient or professional.
ARTICLE 5. REQUEST FOR QUOTE
Article 5.1. Quote Request Service Features
French Care Partners undertake to present the essential features of the Quote Request Service (on HOSPPE) and the mandatory information that the Patient must receive under the applicable law.
The CUSTOMER undertakes to read this information carefully before making a Request for Quote.
Unless expressly stated otherwise on HOSPPE, all the services offered by French Care Partners comply with the European legislation in force and the standards applicable in France.
Article 5.2. Quote Request Procedure
Quote requests are made directly on HOSPPE. To make a Quote Request, the Patient must follow the steps outlined below (note however that depending on the browser's start page, the steps may differ slightly).
On the HOSPPE home page, the Patient selects the illness for which he wishes to obtain a Request for Quote.
The Patient then has the option of choosing a city. The Quote Request will then be sent to one or more Establishments of the chosen city (or a municipality bordering the chosen city). If he does not choose a city, the Request for Quote will be sent to one of the Establishments of the cities listed on HOSPPE (or the neighboring municipalities of the cities listed).
French Care Partners draw the Patient's attention to the fact that the Patient is more likely to benefit from a Quote if the search is carried out on all of the proposed territory.
5.2.2. Quote Request Forms
Once the illness has been notified and the city chosen, the user is invited to register or to connect if he is not already connected.
After identification, the Patient is then asked to complete a medical questionnaire that collects the necessary Health Data so that the Establishments can issue a Quote.
The Health Data to be provided are as follows :
- Medical history (Have you ever been treated for medical problems ?);
- Allergies (Do you have a known allergy ?);
- Care (For what care do you want to come to France ?);
- Doctor’s letter (Do you have a letter from your doctor summarizing your illness ? If yes, document to download).
- Medical documents needed (Submit all your medical documents related to your illness. Documents to download) ;
- Comments (You can add comments (optional)).
The Patient must complete the Health Data accurately, including any relevant details.
The Patient is informed that French Care Partners may request additional information if the Data provided does not allow the Establishments to prepare a Quote. In no case will French Care Partners give medical advice.
The Patient must then fill out a form in which the following data must be entered :
- Country ;
- Address ;
- Telephone number ;
The Patient must then provide some identity papers ;
This Data is necessary for the identification of the Patient, so that French Care Partners can ensure that the Health Data belongs to the person making the Request for Quote, or in whose name the Quote Request is made if the Patient is minor.
If the person on whose behalf the Request for Quote is made is not the person registered as a Patient on HOSPPE, French Care Partners reserves the right to ask the Patient for a special mandate from the person whose Health Data is transmitted, to ensure his consent.
Once the Quote Request has been completed, the Patient arrives on the summary page of his Quote Request and must verify that the contents of his order are correct. He can then modify each previous step if necessary or add documents necessary to estimate the Quote.
Finally, the patient confirms :
• That he accepts the terms of these GTC.
Once the Patient has validated the contents, his file will be sent in a secure and confidential manner to the HOSPPE team in charge of the file.
Once all the steps described above are completed, a page appears on HOSPPE to acknowledge receipt of the Patient Quote Request. A copy of the acknowledgment of receipt of the Quote Request is automatically sent to the Patient by email, provided that the email address entered on the registration form is correct.
French Care Partners do not send any order confirmation by post or fax.
5.2.5. Further information
Patient Data Collection forms have several empty fields and the ability to download all types of documents.
It is therefore possible that the Data provided by the Patient could be incomplete with regard to the illness concerned by the Request for Quote.
As a result, French Care Partners will be able to ask the Patient for further information, or even additional data, so that the Establishments can send Quotes corresponding precisely to the needs of the patients.
In this case, the effective date of the Request for Quote and the starting point of the corresponding deadlines shall begin when confirmation is received from French Care Partners, in accordance with Article 5.3. below.
Article 5.3. Request Quote Procedure from the Professional Account
The search for an establishment is carried out in accordance with Article 5.2.1. above.
5.3.1 Quotation Request Form
Quotation requests are made directly on HOSPPE. To make a Request for Quotation on behalf of a Patient, the Professional must be able to justify an express prior authorization of the Patient, and follow the steps described below (Please note, however, that depending on the browser start page, the steps may differ slightly).
The User is prompted to register or log in if he is not already registered.
After identification, the Professional is then invited to submit the medical documents necessary for the elaboration of the Estimate of the person on whose behalf it intervenes.
Finally, the Professional confirms:
• Accept the terms of this SMC.
Once the Professional has validated the content, the file will be sent in a secure and confidential manner to the HOSPPE team in charge of the file.
5.3.3. Acknowledgement of Receipt
Once all the steps described above have been completed, a page appears on HOSPPE to acknowledge receipt of the Professional’s Request for Quotation. A copy of the acknowledgement of receipt of the Request for Quotation is automatically sent to the Professional by e-mail, provided that the e-mail address communicated via the registration form is correct.
5.3.4. Additional information
Article 5.2.5. applies to the Professional making a Request for Quotation.
Article 5.3. Date of Request for Quote
The date of the Request for Quote is the date on which French Care Partners acknowledges receipt of the order online. The deadlines indicated on HOSPPE do not start until this date, provided that the Request for Quote is complete.
In accordance with Article 5.2.5. above, when French Care Partners send the Patient requests for additional information because the Request for Quote does not include all the necessary Data for the Establishments to issue Quotes, the deadline for receipt of Quotes indicated on HOSPPE does not begin to run until French Care Partners confirms that they have all the necessary information for the Request for Quote.
Article 5.4. Price
For all the Services, the Patient or Professional will find on HOSPPE prices displayed in euros, all taxes included.
Prices include Value Added Tax (VAT) at the rate in effect on the Request for Quote date. Any change to the applicable rate may impact the price of the Services as of the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the Service.
Prices quoted on HOSPPE may change, particularly in the case of special offers or special sales.
The prices indicated are valid, except for gross error. The applicable price is that indicated on HOSPPE on the date on which the Request for Quote is sent by the Patient or Professional.
Nevertheless, if the price of the Service is not determined in advance, or when an exact price cannot be indicated, French Care Partners will provide the Patient with a method of calculation of the price or a sufficiently detailed estimate.
ARTICLE 6. TRANSMISSION OF REPLIES FROM ESTABLISHMENTS
Article 6.1. Quote availability
When an Establishment sends a Quote following a Patient or Professional Quote Request, French Care Partners makes this Quote available to the Patient on HOSPPE.
French Care Partners inform the Patient or Professional by sending an email to his account address.
The Quote includes the contact information of the Establishment and the steps to follow, particularly concerning the payment of the Quote.
The Patient is informed that the role of French Care Partners ends with the transmission of the Quote on HOSPPE. The signing of the Quote and the preparation of the service provided by the Establishment concerns the Patient or Professional and the Establishment only, excluding French Care Partners.
French Care Partners informs the patient that he is free to choose the health facility and the health professional of his choice, and that the issuing of a Quote by any Establishment cannot compel him to do otherwise.
6.1.2. Non-definitive character of the Quote
French Care Partners informs the Patient that the Quote sent by the Establishment is an estimate, and that the final cost of the medical procedure, as charged by the Establishment, may vary according to the actual care necessary.
The Patient acknowledges that French Care Partners is not bound by any obligation of result or means.
As part of the Request for Quote, the obligation of French Care Partners is limited to sending the Request for Quote to at least two (2) Establishments within thirty (30) days of validation by French Care Partners, or to (1) a single institution if the first responded.
6.1.3. Organizing your stay
When French Care Partners submits a Quote, it is possible that they suggest to the Patient or Professional the services of a concierge company, partner of French Care Partners.
This concierge company can assist the patient or Professional in organizing their stay, for example booking flights or a hotel.
The Patient remains free to organize his stay as he sees fit and to call on any other third party of his choice.
French Care Partners does not guarantee the services of the partner concierge company. French Care Partners also does not guarantee a VISA to stay in France. It is the patient’s prerogative to contact the French immigration services (consulate of France of the country where the patient resides to start the formalities necessary to obtain a visa).
Any person making a Quotation Request on behalf of a third party undertakes to transmit this information to the said person and releases French Care Partners from any liability related to the lack of knowledge of this information by the third party concerned by the Quotation Request.
Article 6.2. Absence of Quote
If, within thirty (30) days following the confirmation of the Request for Quote by French Care Partners and after sending the Request for Quote to at least two (2) Establishments, none of these Establishments has issued Quotes, French Care Partners informs the Patient on HOSPPE and sends a notification to this effect by email.
French Care Partners undertakes to refund 100% of the price of the Request for Quote. The amount retained by French Care Partners corresponds to the cost of processing the Quote Request and its transmission to the Establishments contacted.
Article 6.3. Complementary services
When French Care Partners receives the Estimate from the Healthcare Institution, it sends the Patient or Professional the following information:
- Medical estimate of the establishment
- A proposal for support in 3 steps:
o Payment of the amount of the Estimate + HOSPPE application fee via Hosppe Europe (euros) or HOSPPE Afrique (CFA) as desired;
o Upon receipt of the payment, transmission of an operating date + certificate of prepayment from the Institution + certificate of French Care Partners assistance;
o On the basis of this previous information, the Patient or the person on whose behalf the Professional intervenes initiates the VISA application procedure (if necessary) and may be assisted in the organization of his stay by French Care Partners according to the service options he has chosen.
6.3.1 HOSPPE France Payment
The payment will correspond to the total amount of the Estimated Estimate of the Establishment + HOSPPE application fee of 120 euros. In case of cancellation of the treatment (not obtaining the visa, cancellation of the Establishment, the Patient, etc.), French Care Partners will reimburse the sums corresponding to the amount of the pre-paid hospital estimate. The beneficiary(s) of the reimbursement will be the natural or legal persons who have made the payment of the Estimate via HOSPPE.
The HOSPPE application fee is non-refundable.
Payment will be made by bank transfer via the Hosppe France RIB.
Any person who makes the payment of the Estimate (Patient or third party), must be able to attest to the origin of the funds.
6.3.1 HOSPPE Africa Payment
HOSPPE Afrique is the branch of French Care Partners based in Abidjan, Ivory Coast.
The payment will correspond to the total amount of the Estimated Estimate of the Establishment + the amount of the HOSPPE application fee of 120 euros + the amount of the HOSPPE banking and application fees (adapted according to the case). In the event of cancellation of the treatment (not obtaining the visa, cancellation of the Establishment, the Patient, etc.), French Care Partners shall reimburse the sums corresponding to the amount of the pre-paid Hospital Quote.
Application fees are non-refundable, as are bank and HOSPPE management fees.
Any person who makes the payment of the Estimate (patient or third party), must be able to attest to the origin of the funds.
6.3.2 Transmission of Documents (Hospitalization Date and Certifications)
French Care Partners transmits the notice of the Establishment but cannot be held responsible in case of modification or cancellation by said Establishment.
French Care Partners sends the certificate of prepayment of the amount of the Estimate of the Establishment, as well as the certificate of assistance HOSPPE.
The HOSPPE support certificate is only informative and stipulates that French Care Partners has been requested either by the Patient himself or by a third party, which may be a Professional, for the purpose of assisting the Patient in the organization of his care in France.
ARTICLE 7. ACCOMPANYING SERVICE
The stipulations of this article apply only if the Patient benefits from the Support Service offered by French Care Partners.
Thanks to the Support Service, the Patient benefits from the expertise of French Care Partners in order to help him in his corolar procedures to the Request for Quotation, depending on the formula selected by the Patient or submitted by HOSPPE.
For example, depending on the formula selected or submitted by HOSPPE, French Care Partners may:
• VISA assistance: Guide the Patient in his VISA application, inform him of the necessary documents and steps and/or put him in contact with insurers (travel insurance required to obtain the VISA);
• Concierge Assistance: Advise the Patient on the accommodation facilities near the selected establishment and on the means of transport.
In addition, French Care Partners may put the Patient in contact with a travel agency so that the latter accompanies him in the booking of his trip.
ARTICLE 8. RIGHT OF WITHDRAWAL
The terms for the right of withdrawal are provided for in the « withdrawal policy », policy available in Appendix 1 hereof and accessible at the bottom of each HOSPPE page via a hypertext link.
When accepting the Terms and Conditions after completing the Request for Quote, French Care Partners collect the express agreement of the Patient so that the service can begin immediately.
In accordance with Article L.221-25 of the Consumer Code, if he exercises his right of withdrawal, the Patient will be reimbursed the price paid, less the amount corresponding to the services already provided by French Care Partners.
To this end, the Patient is informed that the Request for Quote service has several phases, the most important part of which is to validate the Quote Request and send it to the relevant Establishments, which French Care Partners will do as soon as possible so that the Patient can receive Quotes in the shortest time.
As a result, the Patient will be reimbursed differently according to the progress made and based on the table below:
- Quote Request Approved by the Patient : Refund percentage 90%,
- Verification of the Request for Quote by French Care Partners : Refund percentage 50%,
- Quote request sent to one or more Establishments : Refund percentage 10%,
- A quote has been made available to the Patient : Refund percentage 0%, service provided.
ARTICLE 9. PAYMENT
Article 8.1. Means of payment
The Patient may pay for his Services online according to the means made available by French Care Partners (credit card and PayPal subject to availability).
The Patient guarantees French Care Partners that it holds all the necessary authorizations to use the means of payment chosen.
French Care Partners will take all necessary measures to ensure the security and confidentiality of the Data transmitted online as part of the online payment on HOSPPE.
It is specified that all payment information provided on HOSPPE is sent to HOSPPE’s bank and is not processed on HOSPPE.
Article 8.2. Payment date
The Patient's account will be debited as soon as the Services order is placed on HOSPPE.
Article 8.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the Patient must contact the French Care Partners Customer Service to pay the Request for Quote by any other valid means of payment.
In the event that, for whatever reason, opposition, refusal or otherwise, the transmission of the money owed by the Patient would be impossible, the order will be canceled.
ARTICLE 10. OBLIGATIONS OF THE PARTIES
Article 9.1. Obligations of the Patient
To enable French Care Partners to carry out its Services under the best conditions, the Patient undertakes to :
• Pay the set price on HOSPPE ;
• Respect all laws and regulations in force ;
• Notify French Care Partners of any information that may come to their attention that may have an impact on the execution of these Terms and Conditions.
Article 9.2. Obligations of French Care Partners
French Care Partners undertakes, within the framework defined by these Terms and Conditions, to implement all means to enable the execution of the Services ordered by the Patient or Professional.
The Patient or Professional acknowledges that French Care Partners has no authority over the Establishment’s decision to issue a Quote or not and that the obligation of French Care Partners hereunder concerns only the transmission of Requests for Quotes to the Establishments.
ARTICLE 11. RECORDKEEPING AND EVIDENCE
Any contract with the Patient pertaining to an order of more than 120 euros (VAT included) will be archived by French Care Partners for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.
French Care Partners agrees to archive this information in order to track transactions and produce a copy of the contract at the Patient's request.
In the event of a dispute, French Care Partners will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 12. RESPONSABILITY
HOSPPE is not a medical concierge company, a travel agency or a care facility. HOSPPE does not provide any medical services, give any medical advice or intervene in the decision of a medical treatment. Its sole purpose is the facilitation of contact between a Patient and Establishments.
No time limit for care is given to the Patient by an Establishment along with the Quote since the Patient defines the methods of care directly with the Establishment’s contact. The medical care is decided by the doctor of the host Establishment in agreement with the patient, after the Patient has been informed of all the usual necessary information.
All the services offered by the Establishments are their own responsibility (medical information concerning the illness and treatments, free and informed consent of the patient, diagnosis, treatment, etc.). As a result, the Patient acknowledges that French Care Partners is not responsible for the results of a treatment decided on by an Establishment following the acceptance of the Quote by the Patient (Complications, physical injury, death, etc.).
The responsibility of French Care Partners will in no case be engaged in case of non-performance or improper performance of contractual obligations attributable to the Patient, and especially when entering its Request for Quote.
French Care Partners may request further details or additional documents from the Patient in order to facilitate the issuance of Quotes by the Establishments. However, French Care Partners is not responsible for the relevance and accuracy of the Data provided by the Patients and cannot be responsible if a Request for Quote does not result in receiving a Quote from the Establishments.
In order to ensure that the Request for Quote includes all the elements necessary for the Establishments contacted to make Quotes, the Patient is invited to contact his/her regular doctor. In no case does the Service proposed by HOSPPE fall within the scope of telemedicine.
French Care Partners is not responsible for any difference between the amount indicated on a Quote and the final cost charged by the Establishment, as well as for any dispute arising concerning the services provided by an Establishment.
It is also stated that French Care Partners does not control the websites that are directly or indirectly related to HOSPPE. Consequently, it excludes any liability for the information published therein. Links to third party websites are provided for information purposes only and no warranty is provided as to their content.
Finally, French Care Partners publishes on HOSPPE, news and descriptions of the cities where the Establishments are located. These news and descriptions are provided for information only and do not constitute a commitment of French Care Partners hereunder.
Article 13. FORCE MAJEURE
French Care Partners will not be deemed to have breached its obligations if it is prevented from executing all or part of them as a result of force majeure, provided that French Care Partners informs the Patient or Professional by mail within seven (7) calendar days of the event and justifies the force majeure character within the meaning of French law.
French Care Partners will do its best to limit the effects of force majeure and find any suitable solution to resume performance of its obligations as soon as possible.
If the performance of one or more of the obligations of French Care Partners is postponed due to force majeure, the execution of the GTC will be suspended until the end of said problem. However, should force majeure last longer than one (1) month, French Care Partners and the Patient or Professional will have the right to terminate the GTC by sending a registered letter with immediate effect from the date of receipt.
It is specified that, in such a situation, the Patient or Professional cannot claim payment of any indemnity and cannot bring any action against French Care Partners.
ARTICLE 14. PERSONAL DATA
French Care Partners collect Personal Data concerning Patients or Professional from HOSPPE, as well as using cookies. At any time the Patient or the Professional may delete all of his personal data and the personal data of the persons on whose behalf they intervene on HOSPPE by simply clicking on "deletion of data", accessible in its Account, "My Information" or "My Request" area.
ARTICLE 15. COMPLAINTS
French Care Partners provides the Patient with a "Patient Telephone Service" at the following number: [Specify] (non-premium number). Any written complaint from the Patient must be sent to the following address: French Care Partners - 173 rue de Grenelle, 75007 Paris.
ARTICLE 16. INTELLECTUAL PROPERTY
All visual and audio elements of HOSPPE, including the technology used, are protected by copyright, trademark law and/or patents.
These elements remain the exclusive property of French Care Partners. Anyone who publishes a website and wishes to create a direct hypertext link to HOSPPE must make the request by written letter to French Care Partners to ask for authorization prior to incorporating the link.
This authorization from French Care Partners will in no case be granted definitively. This link must be removed at the request of French Care Partners. Hypertext links to HOSPPE that use techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, total or partial, of HOSPPE and its contents, by whatever process, without the express prior authorization of French Care Partners, is prohibited and will constitute an infringement punishable by articles L.335- 2 and following and articles L.713-1 and following, of the code of intellectual property.
Acceptance of these GTCs is recognition by the Patient of the intellectual property rights of French Care Partners and commitment to respect them.
ARTICLE 17. VALIDITY OF GENERAL CONDITIONS
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such modification or decision does not authorize the Patients to disregard these General Conditions.
Any conditions not expressly dealt with herein shall be governed in accordance with the retail trade sector, for companies whose head office is in France.
ARTICLE 18. MODIFICATION OF THE GENERAL CONDITIONS
These Terms and Conditions apply to all orders for Services made online on HOSPPE, as long as HOSPPE is available online.
The Terms and Conditions are precisely dated and may be amended and updated by French Care Partners at any time. The applicable General Conditions are those in force on the date of the Request of Quote.
Changes to the Terms and Conditions will not apply to Services already purchased.
ARTICLE 19. JURISDICTION AND APPLICABLE LAW
THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE PATIENT AND FRENCH CARE PARTNERS ARE GOVERNED BY FRENCH LAW.
IN CASE OF DISPUTE, ONLY THE FRENCH COURTS ALONE WILL HAVE JURISDICTION.
However, prior to any recourse to the arbitration judge or state courts, the Customer should contact the complaints service of French Care Partners.
If no agreement is found or if the Patient justifies having previously tried to resolve his dispute directly with French Care Partners by a written complaint, then an optional mediation procedure, conducted in a spirit both good and fair, with a view to reaching an amicable agreement on the occurrence of any conflict relating to the Terms and Conditions, including their validity.
To initiate this mediation, the Patient can contact the mediator of French Care Partners via firstname.lastname@example.org who will forward the mediator's contact details. The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict.
As mediation is not mandatory, the Patient or French Care Partners may withdraw from the process at any time.
IF THE MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE WHICH MAY HAVE CAUSED MEDIATION WILL BE CONFERRED TO THE COMPETENT COURT.
ANNEXE 1-WITHDRAL POLICY
The Patient has the right to withdraw from this contract without giving any reason, within fourteen days.
The withdrawal period expires fourteen (14) days after finalizing the contract between French Care Partners and the Patient.
Notification of the right of withdrawal
To exercise his right of withdrawal, the Patient must notify his/her decision to withdraw by means of a clearly worded statement (example, letter sent by post, fax or email) to: email@example.com or French Care Partners, 173 rue de Grenelle - 75007 Paris.
He can also use the form below :
For the attention of French Care Partners
Telephone : [specify the telephone number of French Care Partners]
Email : firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract for the sale of the service below :
Invoice N° :
- Ordered on [____________]
- Means of payment :
- Patient’s name :
- Patient’s address :
- Patient's signature (unless sent by email)
- Date :
For the withdrawal period to be respected, the Patient must transmit his request regarding right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
In the event of withdrawal by the Patient, French Care Partners undertakes to reimburse the Patient in accordance with Article 7 of the General Conditions without undue delay and, in any event, no later than fourteen (14) days from the day that French Care Partners is informed of the Patient's wish to withdraw. (Article L.221-24 of the Consumer Code).
French Care Partners will refund the Patient using the same means of payment as the Patient used for the initial transaction, unless the Patient expressly requests otherwise. In any case, this reimbursement will not generate any refund fee for the Patient.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following assumptions :
- Supply of goods or services whose price depends on fluctuations in the financial market ;
- Supply of goods made to customer specifications or clearly personalized ;
- Supply of goods that may deteriorate or expire quickly ;
- Provision of audio or video recordings or sealed software that have been unsealed after delivery ;
- Newspaper, magazine (except subscription) ;
- Providing residential, non-residential, goods transportation, car rental, food services or recreation-related services if the offer provides for a specific date or period ;
- Supply of goods which by their nature are inseparably mixed with other articles ;
- Supply of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the customer after delivery ;
- Supply of alcoholic beverages the price of which was agreed at the time of the conclusion of the contract of sale, the delivery of which can only be made after 30 days and the actual value of which depends on fluctuations in the market outside the control of the seller ;
- Provision of cloud networking non-provided digital content if the performance began with the prior consent of the consumer, who has also acknowledged that he will thus lose his right of withdrawal ;
- Contracts concluded at a public auction.