Terms and Conditions

1. Introductory provisions
   1. These General Terms and Conditions (hereinafter referred to as the “ Terms and Conditions ”) in accordance with the provisions of Section 1751 of Act 89/2012 Coll., The Civil Code, as amended (hereinafter the “ Civil Code ”), regulate the rights and obligations of the contracting parties arising in connection with or on the basis of the Agreement concluded between the company  myMedical Prague MMP sro,  IČO: 27207391, with its registered office in Bolzanova 1679/3, Prague 1 – Nové Město, postal code: 110 00, entered in the Commercial Register at the Municipal Court in Prague, file no. Ref. C 104484 (hereinafter ” the Company “), a provider and operator of the website  www.myMedicalPrague.com (hereinafter ” Webovéstránky“), And customers who request services from the Company through the Website (hereinafter referred to as the“ Customer ”).
   2. The Company provides mediation services for selected medical services in the field of plastic and aesthetic surgery and dentistry presented on the Company’s Website here  www.myMedicalPrague.com  (hereinafter ” Health Services “), which provide medical facilities with which the Company cooperates (hereinafter ” Clinics “). “). The Agreement on the provision of Health Services will be concluded between the Customer and the Clinic, (hereinafter referred to as the “ Agreement with the Clinic“). For the avoidance of doubt, it is stated that the Company is not a provider of health services, the provider of health services is the Clinic. The Company also offers the Customer the mediation of additional services (eg transportation from the airport, provision of accommodation, provision of tickets, sending information and recommendations, etc.) (hereinafter referred to as ” Additional Services “).
   3. Contact information Company 
      postal address for delivery: Bolzanova 1679/3, Prague 1 – New Town, ZIP: 110 00 
      e-mail: info@mymedicalprague.com 
      phone: +420776817044
   4. An entrepreneur is a person who, in the sense of the provisions of § 420 et seq. Of the Civil Code carries out gainful activity on its own account and responsibility in a trade license or similar manner with the intention of doing so systematically for the purpose of making a profit. For the purposes of consumer protection, any person who concludes contracts relating to his own business, production or similar activities or in the independent exercise of his profession, or a person acting in the name or on behalf of an entrepreneur, and a person registered in the Commercial Register, hereinafter referred to as ” Entrepreneur “).
   5. A consumer is any person who, when concluding a purchase contract or negotiating with the Seller in the sense of § 419 of the Civil Code, acts outside the scope of his business activities or outside the independent performance of his profession (hereinafter referred to as the ” Consumer “). The customer is the consumer.
   6. These Business Terms and Conditions apply only to the mutual rights and obligations of the Company and the Consumer. The Business Terms and Conditions do not apply to cases where the person who intends to purchase services from the Company is a legal entity or a person acting in the course of business activities or in the independent exercise of a profession, within the limits of legal regulations.
   7. These Business Conditions and Information on Personal Data Protection are an integral part of the Agreement concluded between the Company and the Customer. By sending the order, the Customer confirms that he has read the wording of these Terms and Conditions and the Information on Personal Data Protection https://mymedicalprague.com/cs/ochrana-osobnich-udaju/ in advance.
2. Ordering and concluding a contract between the Customer and the Company
   1. By filling out the order form on the Website, the Customer requests the Company to provide Health Services. The order is completed by clicking on the button “complete the order”, “confirm the request” or “send the request”.
   2. The condition for the validity of the order is the completion of all data and requisites required by the form, ie mandatory fields. The customer can also fill in optional fields or upload photos and audiovisual recordings recording the part of the body on which the requested Medical Service is to be focused.
   3. The customer is obliged to provide correct and true data. The data provided by the Customer in the order are considered correct. Before sending the order, the Customer can check and change the data he has entered in the order.
   4. The presentation of the Health Services on the Website is for information purposes only and the Company is not obliged to provide these services. The provisions of § 1732 para. 2 of the Civil Code shall not apply. The Customer expressly acknowledges that the Company is not a provider of Health Services, the provider of Health Services is the Clinic.
   5. The Company will send to the Customer to the Customer’s e-mail specified in the order a confirmation of receipt of the order. Upon delivery of the order confirmation by the Customer, a contract is concluded between the Customer and the Company, an integral part of which are these Terms and Conditions (including all their parts), based on which the Company undertakes to provide the Customer with the opportunity to enter into a Clinic Agreement and a framework agreement (hereinafter referred to as the ” Agreement “).
   6. In the event that the Company is unable to offer the requested service or mediate the Customer’s requested Health Service, it will send the Customer information that mediation of the requested Health Service is not possible by the Company, or will send the Customer an amended offer mail specified by the Customer in the order. The amended offer is considered a new proposal for the conclusion of the Contract and in such a case the Contract is concluded only by the acceptance of the amended offer by the Customer via e-mail.
   7. The Contract is concluded in the Czech, English, Italian or German language, according to the Customer’s choice.
   8. The Customer acknowledges that the Company also acts as an intermediary for Clinics, to which it provides mediation services for a fee.
   9. The Company is entitled to unilaterally change the Business Terms and Conditions (including all their components) at any time, and the Business Terms and Conditions valid and effective as of the date of concluding the brokerage agreement are always valid for the Customers.
   10. The customer agrees to the use of means of distance communication. The costs of using means of distance communication (internet, telephone, etc.) shall be borne by the Customer himself. These costs do not differ from the basic rate, ie the Company does not charge any additional fees.
3. Providing the opportunity to conclude a contract with the Clinic
   1. The Customer is obliged to inform the Company of all facts relevant to him (eg the required date, restrictions on the part of the Customer, etc.).
   2. Company Customer a prior offer, which serves as a basis for mediation Contract with the clinic, which will be the type of health service, preliminary price of health services, or term (if at that time unknown) (hereinafter referred to as ” preliminary bid “) . The Customer acknowledges that the preliminary price stated in the Preliminary Price Offer may change depending on the specifics of the medical service that will be provided to the Customer (eg in relation to the type of implants selected, the Customer’s medical condition, etc.).
   3. The Customer is obliged to confirm or reject the Preliminary Price Offer without undue delay (hereinafter referred to as ” Confirmation “).
   4. The Customer undertakes that if the Company mediates the opportunity to conclude an Agreement with the Clinic, which will correspond to the requested Medical Service, and confirms to the Company that it agrees to the offered service by sending an advance in the agreed amount.
   5. In case the Customer violates its obligation pursuant to par.  3.4  to conclude the Agreement with the Department undertakes to pay the Company a contractual penalty of EUR 500 (in words: five hundred euros) / 13.000, – CZK (thirteen thousand Czech crowns) (hereinafter referred to as ” fine “). The agreement on the Fine does not affect the Company’s right to compensation for damages or other damage in full. For the avoidance of doubt, it is stated that the Customer is not obliged to pay the Fine in the event that the Agreement with the Clinic is not concluded for reasons on the part of the Clinic.
   6. The Customer acknowledges that the Clinic may refuse to provide the requested Health Service with regard to the unfavorable health condition of the Customer. Failure to conclude the Contract with the Clinic due to the unfavorable health condition of the Customer is a reason on the part of the Customer.
4. Provision of Additional Services
   1. The Customer may also use the offer of Additional Services offered by the Company. In particular, the company offers the possibility of arranging accommodation, air tickets, transportation between the airport, accommodation facilities and the Clinic, etc.
   2. The offer of Additional Services is sent by the Company in the meantime between the approval of the Health Service and the provision of the Health Service. The Customer may order Additional Services electronically via e-mail directly from the Company.
   3. Mediation of Additional Services under the Contract is free of charge. However, the company is not a provider of these services, and therefore the price of the services themselves (ie the price of accommodation, air tickets, transport, etc.) depends on third parties. The Customer acknowledges that the price of services (eg accommodation, air tickets, etc.) is paid by the Customer himself, directly to the provider of such services (eg to the hotel operator where the Customer will be accommodated, etc.).
5. Deposit and other conditions
   1. The Company’s activities under the Agreement are free of charge, so the Customer is not obliged to pay the Company for the provision of services under the Agreement.
   2. The Customer undertakes to pay the Company the amount of EUR 500 (in words: five hundred euros) / CZK 13,000 (thirteen thousand Czech crowns) (hereinafter referred to as the ” Deposit “) within 5 working days from the Confirmation of the Preliminary Price Offer . The amount of the Deposit may be agreed by the Customer and the Company in different amounts, unless a different price is individually agreed, the amount of the Deposit specified in this Agreement shall apply. The deposit is not a payment for the Company’s services under the Agreement.
   3. In the event that the Customer enters into an Agreement with the Clinic, the Company undertakes to pay the amount in the amount of the Deposit to the Clinic and thus pay for the Customer a part of the price of Health Services according to the Agreement with the Clinic. Upon fulfillment of the Company’s obligation to pay the Clinic the amount of the Deposit, the Company’s obligation to return the Deposit to the Customer expires.
   4. In the event that the Customer does not enter into an Agreement with the Clinic and becomes obliged to pay the Company a Fine, the Company is entitled to set off the Advance against the Fine; in such a case, the Deposit will not be returned to the Customer.
   5. In the event that the Company does not mediate the conclusion of the Agreement with the Clinic or the conclusion of the Agreement with the Clinic does not occur for reasons on the part of the Company or the Clinic, the Company undertakes to return the Deposit to the Customer.
   6. For the avoidance of doubt, the Customer is obliged to pay the agreed price of the Health Services according to the Agreement with the Clinic directly to the Clinic, which will provide this Health Service to the Customer.
   7. The price is payable when the opportunity to conclude a contract for the provision of Health Services is provided. The provisions of § 2447 para. 2, § 2450 and § 2449 of the Civil Code shall not apply.
   8. The deposit will be paid non-cash by bank transfer to the Company’s account kept with Komerční banka, account no. 35-3717670267 / 0100, IBAN: CZ5101000000353717670267, BIC / SWIFT: KOMBCZPPXXX
   9. In the case of non-cash payment, the Customer’s obligation to pay the Deposit is fulfilled at the time the amount is credited to the Company’s account. The Customer is obliged to ensure that the full amount of the Deposit is credited to the Company’s account. The customer bears all bank fees or fees caused by currency conversion.
6. COVID-19
   1. In the event that due to the COVID-19 epidemic it is not possible for the Company to provide a service under this Agreement and / or it is not possible to provide the Health Service by the Clinic within the agreed term, or for serious objective reasons it will not be possible for the Customer to underwent (eg due to a ban on persons from the Customer’s country entering the territory of the Czech Republic), the situation will be resolved by agreement, according to the current situation, individual needs of the Customer and the possibilities of the Company and the Clinic.
7. Withdrawal from the Contract
   1. The Customer as well as the Company have the right to withdraw from the Contract for reasons agreed in the contract or for reasons stipulated by law.
   2. When concluding the Agreement via the Website, the Agreement is concluded in a distance manner. The Customer has the right to withdraw from this Agreement within 14 (fourteen) days without giving a reason, and this period begins to run for the Customer from the date of conclusion of the Agreement. In order to comply with the deadline for withdrawal from the Contract, it is sufficient to send the withdrawal from the Contract before the expiry of the relevant deadline.
   3. The Company has the right to withdraw from the Contract in the event that performance under the Contract becomes impossible or its fulfillment is possible only under difficult conditions.
   4. Withdrawal from the Contract must take the form of a clear statement (eg in the form of a letter). Withdrawal from the contract may be sent by the Customer electronically to the Company’s e-mail info@myMedicalPrague.com or in writing to the Company’s registered office.
   5. If gifts are provided with the service, the gift contract between the Company and the Customer is concluded on the condition that if the Customer’s right to withdraw from the Contract pursuant to § 1829 of the Civil Code is exercised, the gift contract loses its effect and the Customer is obliged to return all gifts.
8. Customer’s rights from defective performance and complaints
   1. The Company is liable to the Customer for the proper performance of services under the Contract (ie brokerage services).
   2. The company only mediates the opportunity to enter into an Agreement with the Clinic. The Company is not a provider of Health Services and is therefore not responsible for the quality, regularity and timeliness of the Health Services provided. The Clinic is responsible for the provision of Health Services as a provider of Health Services. The Customer must make a possible complaint about the Health Services at the Clinic .
   3. The Company also provides Additional Services, but is not their provider. The provider of a specific Additional Service is responsible for the quality, regularity and timeliness of the Additional Services provided. The Customer must make a possible complaint about the Additional Services with the Additional Service provider.
   4. In the event that the Customer finds out that the mediation service was provided defectively, ie in violation of the Contract, the Customer has the right to file a complaint. The Customer has the right to complain about the defect without undue delay after he had the opportunity to detect the defect.
   5. Complaints can be made electronically to the Company’s e-mail  info@myMedicalPrague.com  or in writing to the Company’s registered office. In the complaint, the customer shall state a description of the defect and the detected discrepancy with the contract, as well as an e-mail for subsequent communication.
   6. The Company will confirm the receipt of the complaint to the Customer electronically to the e-mail for these purposes specified by the Customer, if such e-mail is not specified, then to the e-mail specified in the order.
   7. The company will handle the complaint within 30 days. The report on the settlement of the complaint will be sent to the Customer by e-mail.
9. Other rights and obligations of the parties
   1. The concluded Agreement and other related documents are archived by the Company in electronic form for a period of one year after the expiry of the Company’s claims arising from or in connection with the Agreement, ie usually for at least four years from the conclusion of the Agreement, but always for a maximum period legislation, the Company will provide access to it to the Customer upon request.
   2. In relation to the Customer, the Company is not bound by any codes of conduct in the sense of § 1826 par. e) of the Civil Code.
   3. The customer assumes the risk of a change of circumstances pursuant to Section 1765 (2) of the Civil Code.
10. Out – of – court dispute resolution and supervisory authority
    1. When resolving any disputes with the Company, the Customer is entitled to contact the entity for out-of-court settlement of disputes, which is the Czech Trade Inspection Authority (contact: Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail:  adr @ coi. cz , web:  adr.coi.cz ). The customer can also use the ODR   online dispute resolution platform set up by the European Commission.
    2. The customer can lodge a complaint with the state supervisory authorities or supervisory authorities. In particular, the Czech Trade Inspection Authority, the Trade Licensing Office, the Office for Personal Data Protection, and others.
11. Protection of personal data
    1. The company is a personal data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 94/46 / EC (” GDPR “). ) and, as the administrator and processor for Clinics, processes all personal data of Customers in accordance with legal regulations, in particular GDPR and Act No. 480/2004 Coll., on certain information society services, as amended.
    2. The Company processes personal data primarily as a controller of personal data in order to provide services to the Customer. The Company also processes personal data as a processor for individual Clinics, on the basis of processing agreements concluded between the Company and the Clinics. In such a case, the Company follows the processing of personal data not only by generally binding legal regulations, but also by processing agreements, as well as the instructions of the Clinics.
    3. More information on personal data protection can be found in the document Information on personal data protection: https://mymedicalprague.com/en/angaben-zur-verarbeitung-personenbezogener-daten/
12. Final Provisions
    1. All legal relations arising from and related to the Contract or the purchase contract for Additional Services, of which these Business Conditions are a part, are governed by the law of the Czech Republic.
    2. These Business Terms and Conditions are valid and effective from 1.1.2021 and are available at the Company’s registered office or electronically at https://mymedicalprague.com/en/terms-and-conditions-2/.