CONTRACT OF SERVICE - GENERAL CONDITIONS
Between XETICA Argentina S.A., hereinafter referred to as XETICA, domiciled at 750, 11 de Septiembre St. , Buenos Aires , Argentina , and .......... (name of patient), passport no...., nationality ....., domiciled at ....., City ......., Country .....; hereinafter referred to as THE PATIENT hereby agree to sign under mutual consent a contract of service, under the following terms and conditions: ----------
First: THE PATIENT has decided to hire the services of XETICA, to be performed in the city of Buenos Aires, Argentina, the following aesthetic surgical procedures..... (describe procedures). For that purpose, THE PATIENT has forwarded from his/her country of origin or residency a requested summary of his/her medical background, medical tests and photographs that allowed giving him/her an estimated quotation of US$ ..... to be paid as follows: 30% at the moment of making the operating room reservation and the remaining 70% when the quotation is being confirmed after the consultation with the doctor in charge of making the requested procedure. -----------------
SEGUNDA: It is hereby expressed established that the amount initially quoted by XETICA is an estimation based upon the documentation forwarded by THE PATIENT, the kind and quantity of the requested procedures. The final amount that THE PATIENT should pay shall be confirmed after the evaluation made by the assigned physician who will confirm in the consultation that does not exist substantial differences between the photographs forwarded by THE PATIENT and his/her present physical condition. Likewise, the need or convenience of making any other additional procedure to achieve better results can be estimated during the consultation. --------------------------
THIRD: Quoted concepts. The agreed quotation shall include: doctor's team fees, hospital's expenses and charges for attention in operating room and the anesthetic recovery or hospitalization in single room, the total of surgical expenses (anesthetic drugs, medications while in hospital, disposable materials and implants). Quotation includes pre-surgery and post-surgery consultation fees until the moment THE PATIENT is allowed to return to his/her place of origin. Quotation does not include: 1) flight ticket and/or any transfer expense from and to the patient's place of origin, 2) Pre-surgery diagnostic tests that were not previously hired and/or necessary to be done after the procedure, 3) Medications and/or treatments and/or diagnostic tests for pre-existent illnesses, 4) Additional days of hospitalization not previously agreed upon, 5) Post-surgical medications out of the hospital where the procedure is to be performed, 6) Additional expenses resulting from complications that may occur and require additional treatments or procedures for their resolution, 7) Expenses incurred by any people accompanying THE PATIENT, 8) Long distance calls, 9) Changes in itinerary and reservations in case of having hired tourism services, 10) Accommodation in the city of Buenos Aires and transfer expenses, when not especially hired.----------------------
FOURTH: Pre-existent Pathologies. The amount quoted by Xetica is based upon patients who are in good health condition and good physical conditions. Therefore, all additional expenses arising from any necessary services needed to avoid complications derived from any chronic or pre-existent pathology that has not been previously informed to XETICA, shall mean that XETICA can choose among the following alternatives: a) Modify the quotation, adapting it to the new conditions, request any necessary medical test to THE PATIENT and at THE PATIENT´S own expense, b) Terminate the contract of service, THE PATIENT losing the 30% advance payment.-------------------------------------------------------------------------------------------------------
FIFTH: Recovery time in Buenos Aires . Depending on the characteristics of the procedure/s agreed upon to be performed , quotation given shall include the cost of the different accommodation options and THE PATIENT shall choose the most suitable choice. In those cases in which THE PATIENT agrees to hire the services of XETICA including accommodation and transfer, it is hereby expressed mentioned that any modification that binds THE PATIENT to stay a longer period of time than the estimated one, shall be paid by THE PATIENT no matter the reasons that may cause this longer period of time. If, by any reason, THE PATIENT decides to check out before the estimated date, the difference shall not be paid back. In this case, THE PATIENT has yes/no agreed to pay the cost of ... days for accommodation and transfers for an amount of $ .... ----------------------------------------------------------------------------------
SIXTH: First Consultation - Information - Informed Consent - Post-Surgery Follow-Up. In first consultation, the surgeon appointed by XETICA to perform the surgery procedure shall confirm the indication and feasibility of its performance and may agree with THE PATIENT the performing of all requested procedures, the partial performing of procedures or an aggregate or change in some of them according to the physical examination and evaluation of possible results and then, the final quotation shall be confirmed or modified. After this, THE PATIENT shall pay the 70% balance under payment terms and conditions stated by XETICA. In first consultation, the physician will give THE PATIENT information about the procedure/s to be done and also an informed consent in which all most frequent complications of the procedure will be mentioned. THE PATIENT shall have the opportunity to ask all necessary questions, and still may deny to sign the document and to have the surgery/ies done, in which case THE PATIENT shall lose the 30% advance payment. The signing of the informed consent shall mean THE PATIENT´S explicit knowledge that he/she has received all the necessary information to take the decision of undergoing a surgery, assuming all risks that may arise. The surgeon appointed by XETICA will document in photographs the pre, intra and post-surgery state of THE PATIENT, who cannot deny the taking of these pictures. Photographs are XETICA´S property and cannot be shown to third parties without the duly documented express consent of THE PATIENT. The post surgery follow-up shall be done by the surgeon and/or members of his team, who will make all the necessary controls and will determine the moment that THE PATIENT will be able to return to his/her place of origin.-------------------------------------------------------
SEVENTH: CANCELATION POLICY. In order to give a proper attention to all patients, reservation of appointments is made with each physician and with the institutions where the surgery is to be performed with the necessary anticipation. For that reason, THE PATIENT may request the cancellation of services: a) Before traveling to Buenos Aires: In this case, THE PATIENT shall lose the 30% reservation payment, having the alternative to arrange for a credit in his favor which shall be used within a period of (6) six months after the surgery date previously settled; b) Cancellation of service in Argentina: if cancellation of surgery is done by THE PATIENT after having paid 100% of quotation , he/she will get a reimbursement of 20% of total amount. If cancellation is done due to medical advice, THE PATIENT shall pay all expenses incurred by XETICA and the remaining amount shall be given back to the patient together with a detail of such expenses. If the surgery requires special medical supplies (implants, abdominal supporters, etc.) already purchased, THE PATIENT may decide to take it/them with him/her. All nights of accommodation originally stipulated in the hired plan that has not been used by THE PATIENT shall not be reimbursed. THE PATIENT that should postpone the journey for personal reasons may request another appointment up to 2 (two) times during a period of time no longer than 6(six) months and XETICA shall not charge any extra cost and shall keep the quotation as previously agreed upon. -----------EIGHTH: OCTAVA: Insurance of Traveler. Any negative, unforeseen or emergency event that is not directly related to the surgical procedure hired by THE PATIENT is completely alien to XETICA; therefore, it is suggested to hire and Insurance of Traveler that gives coverage to this kind of contingency. XETICA does not bind itself and is not able to arrange for any assistance coverage in respect of other alien specialties; therefore, THE PATIENT unbinds XETICA of all responsibilities in relation with this contingency. ---------------------------------------------------------------------------------------------------
NINTH: LEGAL ASPECTS. XETICA connects foreign patients with physicians and institutions legally qualified and authorized regarding Plastic and Reconstructive Surgery. Such professionals give each patient, before the surgery procedure, all necessary information so that THE PATIENT can know the risks, scopes and possibilities of reaching the expected result and take the decision to give his/her consent to have the procedure done, assuming all risks of same. Therefore, XETICA unbinds itself of any responsibility in respect of the eventual inconformity with the obtained aesthetic result. For any judicial situation, the parties are hereby under the Law of the Court of the City of Buenos Aires, expressly waiving any other jurisdiction of their own, having established domicile by choice at the ones hereinbefore mentioned.--
In the City of Buenos Aires , this ....day of the month of ...., of year ... two equal copies are hereby signed, accepting all conditions hereby agreed upon. ------------
Name of Patient: ......................................
Passport nº: ........ ... .... .... ..
Signature: ..................................................................
Name of Accompanying Individual: ...............................
Passport nº: ....................................................
Signature: ...................................................................
Last Update : 10/11/2007 |