Revision date: December 12, 2021

GENERAL TERMS AND CONDITIONS FOR HEALTH AND MEDICAL CARE SERVICES

  1. These general terms and conditions specify the conditions and circumstances under which MTC (Medical Treatment in Colombia) (hereinafter MTC), coordinate medical treatment in Colombia and executes other related services included but not limited to coordinating transportation, appointments, and lodging.
  2. PURPOSE AND DEFINITIONS:

MEDICAL TREATMENT IN COLOMBIA (MTC) an entity composed by two companies, BLUE WATER JOURNEYS INC registered in the United States and COLOMBIA ECOTURISMO SAS registered in Colombia. MTC acts as a bridge between the Health Service Providers listed in our Directory and our Customers.

BLUE WATER JOURNEYS INC (BWJ) is a company dedicated to conduct Customer Acquisition activities and to facilitate payment means to MTC Customers. BWJ IS NOT a direct provider or deliverer of health care services for Patients. BLUE WATER JOURNEYS INC is not responsible for improper, illegal, or negligent professional performance during the execution of procedures or treatment conducted by a medical practitioner or any other Health Service Provider listed in MTC`s Directory. MTC provides Malpractice Insurance to our customers as part of our services, and it is a requirement for them to have it before any treatment starts.

COLOMBIA ECOTURISMO SAS (CE), is a company dedicated to coordinate on behalf of our Customers all appointments and consultations, surgeries, and other procedures; laboratory, imaging, and other examinations; inpatient care and therapy services, as well as any related support services such as booking and invoicing. CE conducts a due diligence of each Health Service Provider listed in MTC`s Directory; however, CE IS NOT a direct provider or deliverer of health care services for Patients. CE is not responsible for improper, illegal, or negligent professional performance during the execution of procedures or treatment conducted by a medical practitioner or any other Health Service Provider listed in MTC`s Directory.

Health Service Provider is a Medical Doctor, Therapist, Dentist, Clinic, Imaging Center, Laboratory that provides all necessary requirements to execute treatment and rehabilitation to a Customer. The Medical Doctor/Dentist/Therapist assigned to the customer`s case and/or the Medical Doctor/Dentist/Therapist elected by the customer will provide advice and will determine if she/he is accepted to undergo treatment.

CasaPance: Is the lodging facility owned and operated by CE. It contains some rehabilitation facilities operated by Health Service Providers. The Customer may take this service; if that is the case, cost will be included in the initial estimate and final invoice.

  1. PATIENT STATUS The Health Service Provider is committed to producing medically sound, high-quality treatment for the Customer by observing the common principles and provisions of legislation and the health care sector in Colombia. The Customer has the right to receive high-quality health care and medical treatment in the manner agreed upon with the Health Service Provider, which includes as an essential element the right to participate in planning the implementation of the treatment to the necessary degree as well as the right to receive information on the provided treatment. The patient has the right to gain full medical records disclosure, medical treatment follow-up and a very thorough analysis on the procedures the medical treatment entails.
  2. If patient agreed treatment in Colombia the Customer and consumer and Protection Laws of Colombia protects the Patient while in the territory and/or for the duration of the treatment and cannot be agreed differently.
  3. VALIDITY: The agreement for the services referred in these terms and conditions become binding when the Customer accepts this agreement by accepting undergoing treatment and paying initial estimate at which time these general terms and conditions become applicable until the treatment ends.
  4. CANCELLATION AND TARDINESS: MTC has the right to charge the Customer any unused appointment(s) and other service(s) if those have not been cancelled earlier than 3 days (72 hours) before the scheduled time. No prepayments will be refunded. If the Patient arrives late, MTC is not obliged to provide any service(s) that cannot be carried out without unreasonable arrangements.
  5. FEES for Customers: MTC provides with an initial estimate, which considers basic costs for services included in the treatment plan, lodging (either in CasaPance or any other lodging facility listed in our webpage), transportation, and concierge fees.  The Customer must submit payment for the initial estimate before starting treatment. Due to the nature of the medicine, it is not always possible to predict all required examinations and procedures in advance such as longer duration of stay or additional tests, therapies, or operations due to medical reasons, if needed (evaluated by Health Service Providers), when those are directly connected to the primary care given by them. For this reason, MTC will present a final invoice that details additional charges and/or reimbursements, whatever the case may be.
  6. PAYMENT: MTC charges fees for the services in advance. Bank transfer or VISA and MasterCard are preferred payment options; cash payment must be agreed beforehand.
  7. PATIENT INFORMATION AND CONFIDENTIALITY Upon agreeing on the service referred to in these general terms and conditions, the Customer gives consent to MTC and the corresponding Health Service Providers to collect, process, store and disclose personal and patient information concerning the Patient in accordance with the service agreement and for the provision of the service referred to in these general terms and conditions. The preparation of patient documents and the collection, processing, retention and disclosure of customer and patient information otherwise complies with the applicable provisions. MTC and the Health Service Provider are bound to confidentiality under Colombian law as applicable to health and medical care professionals.
  8. QUALITY: MTC and the Health Service Providers shall strive to ensure the conditions for achieving a high-quality result. However, due to the nature of health care services, the result cannot be guaranteed in advance. Any suspected malpractice is defined according to the Patient Injuries Law of Colombia.
  9. DISPUTES: Disputes regarding the service are primarily settled between the Customer and the Health Service Provider. MTC will assist the Customer in his/her claims. Any claims other than those under the Patient Injuries Act shall be made to the Health Service Provider without undue delay, however no more than 14 days from service delivery. Patient injuries are handled and compensated in accordance with the Patient Injuries Act of Colombia. It is additionally agreed that if the service referred to in these general terms and conditions cannot be provided fully or in part or it is delayed because the Patient has not disclosed all essential information concerning him/herself, his/her state of health, earlier treatment, medication, or other relevant matter affecting the service, the Health Service Provider is released from all liability for the quality or timeliness of the service. The liability of the Health Service Provider is limited to the price paid for the service. Indirect damages are not compensated.
  10. FORCE MAJEURE: MTC and the Health Service Providers are not liable for delays or other breaches of obligation due to causes beyond their control, which include, but are not limited to, a strike or other industrial action, a fire, a hospital bug as the cause of disruption or other delay, the illness of the receiving professional, disruption of electricity supply, telecommunications or information systems, an action under public law, or any other such cause that the party concerned cannot reasonably eliminate.
  11. OTHER PROVISIONS The Patient has the right to obtain services in English, or in his/her own native language through an interpreter (LINGOCALL) according to what has been agreed in advance. Colombian Law and the provisions and official regulations relating to health and medical care services shall apply to these general terms and conditions. Any disputes shall be settled in the Conciliation Center of the Chamber of Commerce of Cali, Colombia.

SIGNATURE

I have read and understood the terms and conditions above and their content and agree to abide by them.

Date:

Signature and name in print:

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