REGULATIONS FOR PROVIDING MEDICAL ASSISTANCE SERVICE
Whenever these terms, capitalized, are used in these Regulations, they should be understood as:
- Regulations – these regulations defining the terms and conditions of providing the Service;
- Service Provider – Przemysław Śmiełowski, running a business under the name Medcam Assistance Przemysław Śmiełowski, with the registered office in Krakow, os. Ogrodowe 4 lok. 14, 31-915 Kraków, entered in the register of entities performing medical activities under the number: 000000188234, NIP Tax Identification No.: 6781369452, REGON Statistical No.: 350891090; Contact details of the Service Provider: a) correspondence address: ul. Mrozowa 31a / 216, 31-752 Kraków, b) e-mail: firstname.lastname@example.org, c) telephone number: 502420999;
- Site – a subpage located at medcam.webi.so/payment, as part of the www.medcam.webi.so/home website medcam.webi.so/home operated by the Service Provider;
- Customer – a natural person having full legal capacity using the Site or placing an Order;
- Fee – a fee due for the services ordered by the Customer;
- Onine Payment – a payment via the DotPay platform via the Dotpay Settlement Center, based on the service regulations available on the dotpay.pl website. Payments can be made in the following currencies: PLN, EUR, USD;
- Invoice / Correcting invoice (in the case of claims accepted) – invoices within the meaning of the Act on Value Added Tax. The Service Provider will use electronic invoices, which will be provided by the Service Provider electronically by sending them in the form of PDF files by e-mail to the e-mail address provided in the Order;
- Offer – an offer to provide Services sent to the Customer by the Service Provider in an electronic form;
- Order – Customer’s response to the Offer;
- Medical Personnel – people with knowledge of medicine and appropriate qualifications to perform a medical profession;
- Visit – medical consultation provided by the Medical Personnel, regulated by relevant regulations;
- Transport – medical transport indicated by the Service Provider in the Offer;
- Services – medical assistance services provided by the Service Provider, consisting in support in booking a Visit or in the organization of Transport for the Customer;
- Contract – a contract for the provision of Services, concluded between the Service Provider and the Customer;
- Civil Code – the Civil Code Act of April 23, 1964 (i.e. Journal of Laws of 2018, item 1025);
- Consumer – a natural person making a legal transaction with an entrepreneur not directly related to their business or professional activity, using the Site and placing an Order;
- Call Center – a tool available for Customers to communicate with the Service Provider in real time at the telephone number: 502 420 999. The contact by phone with the Call Center is available 24 hours a day;
- Interruption – temporary cessation of the Site or its individual subpages or functions that will be needed for technical reasons, including ongoing maintenance, modifications or repairs of the Site;
- Force Majeure – any external event of an extraordinary or accidental nature, on which the Service Provider and the Client have no influence or which they cannot prevent, including riots, strikes, armed conflicts, extraordinary states, natural disasters.
§2. GENERAL PROVISIONS
- The Regulations define the terms of providing the Services, in particular the rules of the Site, the manner and conditions for placing Orders, concluding Contracts, making payments and filing complaints.
- The Service Provider provides Services in Poland.
- They are paid Services. The amount of payment is specified in the Offer.
- The Service Provider provides the Services and concludes Contracts in Polish and English.
§3. TECHNICAL REQUIREMENTS AND RULES FOR USING THE SITE
- In order to use the Site, the Customer should have the following equipment:
- a computer connected to the Internet and having a software enabling access to the Site;
- an active e-mail account.
- The Service Provider has the right to introduce an Interruption. The Service Provider shall inform the Customer about the planned Interruption that may affect the normal use of the Site by providing information about the planned Interruption.
- In the event of the Site failure, the Service Provider shall make every effort to restore the Site’s functionality without delay.
- In order to obtain the Offer, the Customer contacts the Service Provider via the Call Center. During a telephone conversation, e-mail or text correspondence, the Customer:
- gives the following data:
- name and surname;
- e-mail address;
- the address of the place where the service is provided in the case of home visits;
- contact number;
- describes the situation and informs what kind of services they would like to use.
- After the telephone conversation, e-mail or text correspondence referred to in section 1 of this paragraph, the Service Provider prepares an Offer for the Customer. The Offer is sent to the e-mail address provided by the Customer or by a text to the Customer’s phone number.
- Before submitting the Offer, the Service Provider reserves the right to verify the Customer’s data additionally.
- The Offer includes, among others, information on the due Fee, place and date of providing the Service, as well as a link to the Site enabling placing an Order and making an Online Payment and the Regulations or a link to the Regulations.
- In order to place an Order, the Customer uses the link sent by the Service Provider in the Offer.
- After clicking on the link sent, the Customer is directed to the Site where they fill in a form. The form includes appropriate statements and consents.
- Placing an Order is possible after confirming to have read the Regulations and after accepting them.
- The conclusion of the Contract takes place at the moment of sending the Order to the Service Provider, which follows after clicking the button to generate an Online Payment.
- If the Customer does not make the Online Payment at the time indicated by the DotPay platform (i.e. until the session expires), the Contract is automatically terminated. If the Contract is terminated, in order to conclude it, it is necessary to perform the activities described in the preceding paragraphs.
- After concluding the Contract, the Customer is obliged to pay the Fee via an Online Payment.
- If the payment is made correctly, the Customer receives a confirmation of payment made with the Invoice at the provided e-mail address.
§7. PERFORMANCE OF CONTRACT
- After the Customer has paid the Fee, the Service Provider books a Visit or organizes the Transport.
- The Service Provider shall exercise due diligence in order to book a Visit/ organize the Transport in such a way that they take place no later than on the date indicated in the Offer.
- If the Service cannot be provided for reasons attributable to the Service Provider, the Customer shall immediately receive a 100% refund of the Fee payment onto the card or account from which the payment was made.
- If the visit is cancelled by the Service Provider for reasons beyond the Service Provider’s control, the Service Provider shall suggest a different visit date or the refund of the Fee in full.
- The Customer is not obliged to pay any additional fees for the services ordered outside the Fee.
§8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
- Prior to the performance of the Service, the Consumer is entitled to withdraw from the Contract without giving a reason within 14 days from the date of concluding the Contract, on the terms set out in this paragraph.
- The Consumer is not entitled to withdraw if the Service Provider has fully performed the Service (booked a Visit or organized Transport for the Customer) with the express consent of the Consumer, who has been informed before the provision that they will lose the right to withdraw from the Contract.
- In case of the effective withdrawal, the Contract shall be considered void, the Service Provider shall return to the Consumer all Fees received from the Consumer.
- When the Consumer withdraws from the Contract, the related additional contracts expire, and the Consumer does not bear the costs related to the expiration of these contracts.
- The return of payments referred to in section 3 of this paragraph shall take place immediately, i.e. not later than within 14 days from the day on which the Service Provider received a statement on withdrawal from the Contract. The payment shall be returned using the same method of payment that was used by the Consumer at the conclusion of the Contract, unless the Consumer expressly agrees to a different method of return, which does not involve any costs for them.
- In order to exercise the right to withdraw from the Contract, the Consumer must inform the Service Provider of their decision by submitting a statement on withdrawal from the Contract before the deadline specified in section 1 of this paragraph. By submitting a statement of withdrawal from the Contract, the Consumer may use the following form:
MODEL FORM OF WITHDRAWING FROM THE CONTRACT
Medcam Assistance with its registered office in Kraków, os. Ogrodowe 4 lok. 14, 31-915 Kraków, e-mail address: …………………………………, telephone number: …………………………………
I/ We . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby inform about my / our withdrawal from the Contract for the provision of the following Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . concluded on . . . . . . . . . . . . . . . Order number . . . . . . . . . . . . . . . . . . . . . . .
Customer’s name and surname: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Customer’s/ Customers’ address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature of the Customer(s) (only if the form is sent in a paper version)
Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- The Consumer’s use of the form indicated in section 6 (www.medcam.pl/claims) of this paragraph is not mandatory.
- If the Consumer uses the option of withdrawing from the Contract by electronic correspondence by sending a statement of withdrawal from the Contract to the e-mail address email@example.com, in the message or as a scan of the signed statement attached to the message, the Service Provider shall immediately send the Consumer the confirmation of receiving information about the withdrawal from the Contract, via e-mail.
- In order to keep the deadline to withdraw from the Contract, it is sufficient for the Consumer to send the Service Provider a statement on withdrawal from the Contract before the deadline referred to in section 1 of this paragraph.
- Submission of a complaint to the Service is possible at the address of the Service Provider – Medcam Assistance with its registered office in Kraków, ul. Mrozowa 31a/216, 31-752 Kraków, or to the e-mail address firstname.lastname@example.org.
- A complaint or application should contain the name, e-mail address and a description of the case.
- The Service Provider is obliged to respond to the complaint within 30 days of its receipt. The Service Provider shall provide a response to the complaint to the Consumer in writing or on another durable medium.
§10. EXTRAJUDICIAL DISPUTE RESOLUTION
- The Consumer, after completing the complaint procedure, has the right to use extrajudicial means of dealing with complaints and pursuing claims, including the Consumer:
- is entitled to apply to the permanent Amicable Consumer Court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Contract;
- is entitled to apply to the province inspector of the Trade Inspection with the request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Service Provider;
- may obtain free assistance regarding the settlement of the dispute between the Consumer and the Service Provider, also using the free assistance of the district (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Polish Consumers’ Federation, Polish Consumers’ Association). Advice is provided by the Polish Consumers’ Federation under the toll-free consumer helpline number 800 007 707 and by the Polish Consumers’ Association at email@example.com.
- A list of institutions dealing with extrajudicial resolution of consumer disputes together with a list of the type of cases is available on the webpage of the Office of Competition and Consumer Protection at uokik.gov.pl.
- The Consumer may use extrajudicial means of dealing with complaints and pursuing claims also through the ODR platform in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online system for consumer dispute resolution and amendment to Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (the ODR Regulation on consumer disputes). In order to use the possibility of amicable settlement of disputes regarding online purchases, the Consumer may submit their complaint via, for example, the EU ODR online platform, available at: https://ec.europa.eu/consumers/odr/. The ODR platform is intended to facilitate independent, impartial, transparent, effective, quick and fair extrajudicial internet resolution of disputes between consumers and entrepreneurs regarding contractual obligations arising from online sales contracts or service contracts concluded between consumers living in the EU and entrepreneurs having their registered office in the EU.
- Using extrajudicial methods of dealing with complaints and pursuing claims is voluntary, which means that both parties must agree to it.
§11. LEGAL DISCLAIMER
- The Customer is obliged to use the Site in accordance with its intended purpose, the content of the Regulations and in accordance with the law and principles of social coexistence.
- The Customer is prohibited to provide unlawful content via or using the Site, violating the rules of social coexistence or decency, in particular content that is offensive, pornographic, inciting hatred, vulgar, untrue, misleading, containing viruses or malicious software or infringing third party rights, good manners or false information that harms the Service Provider’s reputation.
- Copying, reprinting or using the materials or data available on the Site in any scope requires the written consent of the Service Provider in each case. In particular, it is forbidden to download, process and use data and other information available on the Site for the purpose of making them available on other sites and Internet portals, as well as outside the Internet and in any other way that infringes the interest of the Service Provider.
- The customer, like any other Internet user, is subject to threats in connection with the use of the Internet. The main threat to any Internet user is the possibility of “infecting” the ICT system by software created mainly to inflict damage, such as viruses, “worms” or “Trojan horses”. To avoid risks associated with this, including when appearing at the time of opening e-mails, it is recommended for the Customer to supply the computer, which they use to connect to the Internet to use the Site, with an antivirus program and firewall and constantly update it.
- The Service Provider also informs that special threats related to the use of the Site are related to the activity of hackers aiming at breaking into both the system of the Service Provider (e.g. attacks on his websites) and the Customer.
- The Service Provider informs that he applies modern protective technologies to minimize the risks referred to in sections 1 and 2 of this paragraph, however, there are no ways to fully and completely protect against these undesired activities.
§13. AMENDMENTS TO REGULATIONS
- The Service Provider reserves the right to amend the Regulations in justified cases, in particular in the case of:
- changing the technical conditions of the Site operation, including those related to technical or technological progress;
- issuing by competent state authorities decisions or judgments having or likely to affect the content of the Regulations or the functioning of the Site;
- Force Majeure,
- formal or organizational changes of the Service Provider affecting the functioning of the Site.
- The Service Provider shall inform Customers about the amendment to the Regulations by posting the relevant information on the Site or by sending an e-mail to the address indicated by the Customers, in the case of Customers who are bound by the Contract with the Service Provider.
- The amendments to the Regulations come into force after 7 days from the date of informing of their introduction in accordance with section 2 of this paragraph, taking into account section 4 of this paragraph.
- The existing provisions of the Regulations shall apply to Contracts concluded prior to the amendment of the Regulations.
§14. FINAL PROVISIONS
Polish law shall apply for the purpose of implementing the Regulations and the Contract, unless it is otherwise stated in the mandatory provisions of law.