FOR DOCTORS / MEDICAL CENTERS. CONTRACTUAL AGREEMENTS
On the one hand, Medical Response International S.L.U. with CIF: B57609380, with address at Calle Victorio Luzuriaga 34. 07015. Palma de Mallorca, and registered in the Mercantile Registry of Palma de Mallorca, Volume 2379, Folio 1, Sheet PM-63715, 1st Inscription is the owner of online medical platform, https://drnear.me (hereinafter, the “Drnear.me”).
On the other hand, the Medical Service Provider, hereinafter will be the Medical Service Provider.
The medical service provider will have contracted civil liability insurance. Both parties respectively acknowledge sufficient legal capacity to carry out this act.
Drnear.me is a platform of private online medical services, for users: patients, insurance companies or managers and doctors / medical centers / hospitals specialized in the care of foreign patients, tourists or residents. Providing medical care providers in a language understandable to the patient. Providing the patient user through a search engine or locator, a list of doctors / medical centers / hospitals by proximity to the patient, by price, availability, among other filters, for contracting the products and / or medical services offered in the website.
The relationship established between the patient user and the medical service provider is reflected in the contracting terms and privacy policies of the website, accepted by the patient user during the contracting of the medical service, accepting the conditions, descriptions, circumstances that the medical service provider requires both face-to-face medical services and remote medical consultations.
The medical service provider offers medical services on the Drnear.me platform, according to their availability, schedules and applying their price list for the medical visit, using for this purpose, instruments and medications of the doctor or the medical center.
Due to its commercial nature, this contract and the legal relationships derived from it are excluded from the labor regulations. The doctors will be self-employed workers.
The provider will provide all the data related to the medical service that may be required by the patient for the medical visit. Being reliable, truthful and exact information, including photographs, texts, graphics, information, content and characteristics of the services offered.
The medical service provider will have to confirm their availability for the medical visit, in the next 30 min, after a reservation, otherwise another provider will be activated in the area. For this, you will be sent email and you will be called by phone, from our operations team.
Drnear.me through the payment gateways, stripe, paypal, etc., will charge the patient user or the patient’s insurance, the medical services on behalf of the medical service provider. Issuing an email confirmation, with which the patient user will go to the Dr / medical center.
Drnear.me will pay the fees for the medical visit to the Medical Service Provider in the first 10 days of the month following the medical visit after the request by the medical centre / doctor once the corresponding invoice is received.
Due to the nature of the contract, and in order to be able to offer health services to the Beneficiaries, patient users, as well as to receive the fees, Drnear.me will carry out the transfer of the personal data of the patient users to the medical service provider. Being the essential and strictly necessary information for the indicated purpose. Provided that the user has explicitly accepted, as she has done, once the medical service has been purchased. The medical service provider will treat the information solely for the purpose of providing the medical assistance required by the patient user, with scrupulous observance of the data protection regulations that are applicable to the medical service provider, preserving and guaranteeing the confidentiality of such information.
The medical service provider must have formalized a confidentiality commitment, in writing, with all those members of its staff who may have access to the aforementioned information for the performance of their duties. Giving evidence of them to Drnear.me if required.
The medical service provider will hold Drnear.me harmless for any economic, financial, reputational or any other type of damage that it may suffer as a result of its breach of its legal or contractual obligations regarding the protection of personal data. By way of example, but without limitation, the Medical Service Provider will hold Drnear.me harmless for any damage that may be incurred due to penalties for breach of the applicable data protection regulations imposed by the competent authorities; and claims or legal actions exercised by the interested parties requesting compensation for the damages caused by the violation of their rights and freedoms, including the representation and defense expenses incurred by Drnear.me for the management of said claims or legal actions.
This contract will be valid for 1 year, from the date of signature, and can be automatically extended annually and by mutual agreement of the parties, unless either party expressly states in writing its opposition with at least sixty (60) calendar days before the expiration of the contract or any of its extensions.
The termination of this Contract will not have any effect on the rights and obligations contracted by the Parties when they derive from a fact or event that occurred prior to the effective date of termination.
Notwithstanding its validity, this contract may be terminated early or for any of the following causes:
Repeated or serious breach by either party of the obligations provided for in this contract, communicating to the other party its intention to terminate the contract with at least thirty (30) calendar days prior to the date on the that the resolution would cause effects, a period in which the non-compliant Party may proceed to comply with the obligations that correspond to it and that would have motivated the request for resolution, thus preventing it from occurring.
Likewise, it may be resolved due to the supervening legal or material impossibility of complying with the object of the contract.
By mutual agreement of the parties.
Due to the breach of the regulations governing the activity that is the subject of this contract at all times and of the quality standards. The concurrence of any causes of force majeure in accordance with article 1.105 of the Spanish Civil Code.
Any notification that must be made between the parties by virtue of this Contract or in relation to it, must be made reliably in writing to the known address of the Parties or to the representative designated by them to receive such notices or communications.
This contract is subject to the provisions of civil and commercial legislation. Both parties renounce the jurisdiction that may correspond to them by Law and submit to the Courts of the city where the health care from which the litigation that may arise from the interpretation and / or compliance of this Contract has been provided.
The patient authorizes the attending doctor to send a medical report to MRI about the assistance provided.