Terms and Conditions of Payment Hi Flying (referred to as "Provider" hereafter) is in the business of global patient transportation logistics and services and directly involved in identifying and organizing Medical And Non-Medical Ground and Air Transportation as per the requests and stipulations of the respective client. Provider ensures solely the operational services requested by the Customer are performed and the terms and conditions in this document apply equally. WHEREAS, this Agreement contains the Providers Terms of engagement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto, intending to be legally bound, agree as follows:
Provider is prepared to offer the following professional services to Customer: Air Transportation of Individuals and Patients and their Family Members if requested, Medical Ground Transportation Management Dispatch including; Ground Ambulance Transportation, Stretcher Transportation, Wheelchair Transportation, Limousine/Sedan Transportation, Taxi Transportation and further types of transport upon request of the client and within the capabilities of the Provider. Solutions are provided on a global basis as per the available resources of the provider.
CALCULATION OF FEES AND Operational Aspects
a. The customer can contact Provider via phone or Email: all details of offered services are provided on the website www.flyingairambulance.com. The Customer should provide all details possible, including the name and passport of the patient, medical diagnosis of the patient, medical report, updated present clinical condition and mode of transportation requested, either a Commercial flight transfer on Business or Stretcher class or an Air Ambulance Charter flight. By engaging the services of the provider via phone and/or email confirmation, the Customer accepts the quotation and service and agrees to pay the price as per the terms and conditions in this agreement as well as any further specific pricing mentioned. If requested by Provider Customer may be required to provide a guarantee letter of payment or in some instances, and at the discretion of the Provider pay all the costs of the transport in advance.
b. If desired the Customer will be provided a quotation before the delivery of service which will detail the approximate estimated costs of transportation plus any additional fees that may arise such as waiting time, cancellation costs, etc. Such quotations are estimates only and may not reflect the final cost: any other additional charges assessed by Hi Flying such as for delay of journey, additional services in terms of change of transport options, additional medical escorts, hospitalization at intermittent destination, change in mode of transport from car to BLS Ambulance from BLS Ambulance to ALS Ambulance, change in final destination, extra wait time at airports, change in final destination of the patient shall be the responsibility of Customer, and will be paid by the Customer. The additional fees will show up in the final invoice and will be added to the estimated cost provided in pretravel estimates.
The final invoice will include the unanticipated and unplanned services offered by HI Flying in the final invoice and will be charged to the client.
Hi Flying does not cover any additional or unplanned hospital stay or hotel stay for the patient or relatives in their cost estimates. All quotes are subject to availability of tickets, permissions, airline clearance and our ground ambulance provider at the time of booking by the client.
All decisions of travel and transportation of the patient or their relatives will be decided in the best interest of the patient - final decisions on all aspects of travel and transportation will be taken by the medical escort/s in consultation with the Medical Director based on patient clinical condition and the Airline permissions to transport the patient.
Patient clinical status may change from time to time and accordingly the decisions and plans of travel and transportation can change and all decisions of the Directors is final and binding on the patient and patient relatives/representatives.
c. Upon confirmation of transport, the Customer will supply the Provider with all necessary information to allow the successful arrangement of the mission. This includes any necessary documentation, not limited to Name of the patient, Passport copy, Hospital of origin, Floor, Ward, Bed and contact person at origin, Hospital of destination, Ward, Bed and contact person at the destination, Confirmed letter of admission at final destination hospital etc. Upon providing these details, the Customer automatically consents that the Provider releases any medical information as necessary to Hi Flying - its directors, escorts, airlines, ground transport representative and all its affiliated partners. It is the sole responsibility of the Customer to have received the consent for release of medical information from their patient.
d. The Customer understands that the Provider is in the business of identifying and hiring the most appropriate possible ground ambulance transportation service to the best of its knowledge, research and internal vetting process of its own global network as per the specific needs of the Customer; however Customer equally understands that HI Flying is not liable for the actual quality of service performed or for the actual medical services provided by its affiliate ground Ambulance partners.
The Customer understands that the Provider is in the business of identifying and suggesting a particular Airlines with whom it is familiar with its provision of services for a patient or relative travel to the best of its knowledge, research and internal vetting process of its own global network as per the specific needs of the Customer; however Customer equally understands that HI Flying is not liable for any delays by the airlines, their provision of services at intermittent airports, their medical room, their staff, airlines crew and deficiency of services or delay in services by the airlines their crew or staff members or airport personnel or their staff members.
e. Customer agrees to indemnify and hold harmless Provider, its affiliates, officers, employees, and representatives from and against any losses, costs, damages, and expenses resulting from claims for bodily injury or property damage arising out of joint efforts through the term of this agreement unless such bodily injury, property damage, or personal injury is determined to be the result of the negligence of the Provider, its affiliates, officers, employees, or representatives.
f. Customer agrees and accepts that Provider is not responsible for any cancellation charges such as flight tickets, air ambulance charges etc. if providers supplier does not perform mission on time and there is a missed flight due to negligence of the provider's supplier. Customer understands Provider only has limited influence on actual service provided by its affiliate partners which include the ground transport providers, ground ambulance providers, airlines or charter flight operators.
g. If the Customer confirms a transport the Provider will communicate as necessary with the airlines, its different departments, its affiliate ground ambulance service and relay all information given by the Customer. It is the responsibility of the Customer to ensure that the patient and hospital or sending facility is aware of the logistical details, have settled all hospital bills at the origin and paid the deposit to the Hospital of destination for their acceptance of the patient. On making payment to Hi Flying, it is implied that the patient and relatives have been given consent to HI Flying, its Directors, Medical escorts, affiliated partners and airlines for the transport of the patient, patient relatives and all patient representatives and their company and that the patient is fully aware of possible transport risks. It will be understood that the Provider has answered all queries of the Customer to their satisfaction and thereby consenting the Provider to carry out the transport process in the best interest of the patient. The standard consent and indemnity is applicable and understood as given by the patient relatives, representatives or company.
The Provider is not liable for complications arising during the transport.
h. The Customer commits to informing Provider of any delays or change of schedule concerning the Commercial flights or Air ambulance or other logistical aspects that the Provider is not involved in. It is the responsibility of the Customer to inform the Provider of the requested pick up or arrival time at a facility or airport. On occasion, the Customer may ask the Provider for the suggested pick up time in order to have patient at a certain destination at a certain time which will then be advised after Provider has spoken with the Commercial Airlines, Air Ambulance charter partners or Ground ambulance company. Customer acknowledges that these times are recommendations of the respective transport company, however, are not binding and the Provider in these terms & conditions is not liable for the accuracy of these times. Any additional costs that may incur because of delays or the failure to inform Provider of relevant logistics are the responsibility of the Customer.
i. It is the sole responsibility of the Customer to advise Provider if medical escorts or air ambulance teams cannot locate the patient, or if flights with patients have been missed. It is the responsibility of the Customer to advise Provider if there are any deviations in flight plans. HI Flying as a third party is not responsible and may not be held liable for any missed flights.
Equally Provider commits to inform the Customer of any delays or change of logistics that may arise due to processes of the contracted transport company. The Provider is not responsible for any changes in transport logistics or costs that occur due to reasons of Force Majeure. Any additional costs that are not due to the failure of the Provider are to be paid for by the Customer.
Empty Leg Flights
Hi Flying will not be held liable forthe empty leg flight as the empty leg is a solely offered by Partner air ambulance and other companies and Hi Flying does not take responsibility for accuracy or quality of these companies. Hi Flying is not responsible for Medical escort/s or escorts provided by its Affiliate or Contracted companies.
Payment is determined on a client by client basis unless a signed agreement stating payment terms is held with a client.
a. In the event that Customer fails to pay for services rendered, the Customer shall be responsible for all legal fees and costs incurred by Provider in attempting to collect the outstanding invoice.
b. Payments not made by due date of invoice are subject to penalty fees or interest and stated as such on an invoice.
c. In the event that there is a claim for breach asserted by Provider, then the laws of the place of origin are applicable
Further Limitation of Liability/Resolution of Disputes
Please read the following as these provisions contain information regarding limitation of liability and resolution of disputes.
The following limitation of liability provision is in addition to any other provision related to the limitation of Provider's liability. Where reasonably possible, Its terms shall be read to supplement and not conflict with any other limitation of liability provision, and to the extent any such conflict exists, the provision offering a greater limitation of liability shall prevail. By securing Provider's services, you represent and warrant that you agree with the terms of service, including this section.
Provider does not provide any Medical Treatment or suggest Medical Treatment during Transportation but merely continues the care and medications as advised by the treating doctor at the origin.
Our Affiliated or Partner Companies and/or any individuals offering Air Ambulance services, Airline Services, Ground Ambulance services, Medical Assistance services, Travel Insurance services, healthcare or other similar services ("The Contractors") are Independent Contractors and are not agents or employees of Provider. Neither Provider nor any of its officers, Directors, Employees, Medical Doctors, Nurse, Paramedics or Escorts, Representatives, Parents, subsidiaries, affiliates or agents ("The Covered Parties") are liable for any of the acts, errors, omissions, representations, warranties, breaches, or negligence of the Contractors (as defined above) or any personal injuries, death, property damage, expenses, economic injuries, losses or claims resulting from the same.
Provider does not bear responsibilities for any damage and/or delay in the provision of any services by any of the Contractors or Affiliate or Working Partners. Providers does not warrant any of the services provided by any of the Contractors.
To the maximum extent permitted by law, in no event shall the Covered Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages whatsoever ("Losses") resulting from the provision or offer to provide any of Provider's services, with such losses including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Provider's website(s); (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the site; (vi) any transactions entered into through this site; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the site, any delay or inability to use the site, or any information, products, or services obtained through the site. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if a Covered Party has been advised of the possibility of damages.
No Covered Party shall be responsible for any Contractor's breach of warranty, nor for any other wrongdoing of a Contractor (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Contractor's failure to comply with this Agreement or with applicable federal, state, provincial and local law.
To the extent not prohibited by law, if, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Provider's services or its website, You agree the liability of any such party shall in no event exceed the total charge to the User assessed by Provider, or the payment actually received by Provider from the Contractor or the User, as the case may be.
Prior to the initiation of any legal action or dispute against HI Flying, you agree that you shall contact Hi Flying and provide Hi Flying an opportunity to resolve any such legal action or dispute; should Hi Flying take steps to resolve such a dispute or action, you agree to engage in good faith efforts towards such resolution. Should no resolution be reached, you agree that the Provider (And Provider only) may elect to resolve any claim or action through binding arbitration conducted in a jurisdiction as advised by HI Flying (only) should you initiate any claim or legal action against Provider, Provider (And Provider only) shall continue to have the right to have such a claim or action resolved by such binding arbitration at providers sole election and you agree to stay or dismiss proceedings in favor of such arbitration. You agree to waive off any right to a jury trial in any legal action initiated against Provider.