Coordination of Holiday Dialysis Treatments
General Terms and Conditions
1 Preamble
Fresenius Medical Care Deutschland GmbH (hereinafter “FME”) operates the international holiday dialysis coordination service in collaboration with SERVICIOS, PERSONAS Y SALUD SLU (contact center, hereinafter “SPS”) and is responsible for supporting the coordination of dialysis treatments at holiday destinations (hereinafter “Holiday Dialysis”) for a patient (“Patient”). The Patient wishes to receive dialysis treatments at one or more holiday destinations and wishes to request FME's support in coordinating and handling requests related to such Holiday Dialysis. Therefore, the Patient and FME (both hereinafter also referred to as “Party” and collectively as “ Parties”) enter into the following Agreement (hereinafter “Agreement”).
2 FME Services
(1) FME will coordinate the request for one or more dialysis treatments for the Patient at a specialized dialysis center identified by FME in accordance with the criteria indicated by the Patient.
(2) Vacation Dialysis coordination includes evaluating the availability of dialysis center slots at the requested vacation destination, in accordance with the criteria indicated by the Patient in terms of location, period, schedules, and frequency of dialysis treatments (“Availability Check”). That is, FME coordinates the Patient's availability check request on behalf of the Patient at an available dialysis center selected by the Patient (hereinafter “Selected Dialysis Center”) and puts the Patient in contact with the Selected Dialysis Center.
(3) For the sake of clarification, FME only provides support to establish initial contact between the Patient and the Selected Dialysis Center. The final decision and confirmation of whether the treatment can be performed for the time requested by the Patient rests solely with the selected Dialysis Center. In the event of any unforeseen change (for example, the first Dialysis Center selected by the Patient cannot perform the treatment for medical reasons), FME will put the Patient in contact with another Dialysis Center.
In any case, FME does not guarantee the availability of a place with respect to the patient's request.
(4) Treatments are performed exclusively at the selected Dialysis Center , which is fully and exclusively responsible for the treatment. FME does not participate in the actual performance or legal compliance of said dialysis treatments, nor in the booking or execution of the holiday trip.
(5) FME will provide the aforementioned Services under this Agreement free of charge.
3 Patient Responsibilities
(1) The Patient shall provide all personal information necessary to successfully coordinate the requested Holiday Dialysis. In particular, the Patient shall provide information about their planned holiday trip (destination and period) and the requested dialysis times and frequency.
(2) Furthermore, the Patient shall ensure, and hereby authorizes, that the physician treating them at their home dialysis center provides the Selected Dialysis Center with the required medical and health information, listed in the attached “Holiday Dialysis Request , ” as soon as possible and always before the scheduled start date of the Holiday Dialysis. FME can assist the Patient by asking the home physician to complete the “Vacation Dialysis Request” and forward the completed form to the Selected Dialysis Center, or by asking the physician at the Selected Dialysis Center to access the required data through the “EuCliD 5” electronic therapy information system.
(3) The Patient must return signed copies of this Agreement and the attached Consent Form as soon as possible before the scheduled start date of Vacation Dialysis, which is a prerequisite for FME to properly begin coordinating the requested Vacation Dialysis.
(4) The Parties agree that a holiday dialysis center may refuse treatment to a particular Patient at any time during the FME-supported process in accordance with this Agreement, in particular, if a holiday dialysis center is unable to provide the relevant resources necessary for a particular treatment. FME shall not be liable for such refusal and/or lack of resources on the part of a holiday dialysis center.
4 Duration and Termination
This Agreement becomes effective upon being duly signed by the Patient. This Agreement may be terminated by either Party at any time in writing.
5 Liability
FME is only fully liable for damages caused to the Patient by an intentional or grossly negligent breach of duty by its employees, legal representatives, or auxiliary persons employed to perform the tasks provided for in this Agreement. When a claim for damages against FME is based on simple negligence on the part of FME (including the persons listed above), FME is liable only for:
- death , personal injury, or damage to health
- when the breached duty is an essential contractual obligation, the performance of which the Patient has a regular and legitimate right to rely on as a prerequisite for the proper performance of this Agreement, foreseeable damages typical of such contracts.
6 Data Protection
The Patient is advised that, for the purposes of this Agreement, it is necessary to provide and disclose personal data to FMC and the physicians of the selected Dialysis Center. Details of the data processing operations in the context of coordinating Vacation Dialysis treatments are described in the attached Consent Form, which must be signed by the Patient.
7 Miscellaneous
(1) This Agreement and the contractual relationship are governed by the laws of Germany. The statutory provisions for limiting the choice of law and enforcing mandatory provisions, in particular