GENERAL CONDITIONS OF DR.TRAVEL SERVICE
In these General Conditions of Service, the terms and expressions set forth below will have the following meaning:
- Certificate of Payment and Receipt: the form that Patient must return to SosTravel’s customer care office in accordance to Paragraph 10.1 in order to receive payment of the Penalty.
- Code: the QR code that is printed on the receipt at the Date of Purchase of the Service.
- Company or Dr.Travel: Trawell Co S.p.A. (or other companies within the Trawell Co S.p.A. group that sell the Service at airports).
- Customer: the person, who must be at least 18 years of age, who purchases the Service.
- Date of Purchase: the date the Service was purchased by Customer, as indicated in Paragraph 5.1. below.
- Family Offer: the Dr.Travel Service package as described in Paragraph 3.1. (b) below.
- General Conditions of Service: the general conditions of Service detailed herein.
- HPP: the Delaware corporation HealthPoint Plus Inc., engaged by Physicians and owner of the Platform.
- Legal Dependents: Customer’s legal dependents in case of the Family Offer.
- Offers: the two (2) Dr.Travel usage plans offered and described in Section 3 below.
- Patient: the person who is covered by, or in any case uses, the Dr.Travel Service and undergoes a Teleheath Consultation by a Physician.
- Penalty: the monetary sum that the Patient is entitled to, as a penalty, in the cases set out in Section 7 and in the amount specified in Section 8 of these General Conditions of Service.
- Penalty Eligibility Requirements: necessary requirements indicated in Section 7 below to request the payment of the Penalty.
- Penalty Request Form: the form that Patient must return to SosTravel’s customer care office in accordance with Paragraph 9.2 in order to request payment of the Penalty.
- Physician or Dr.Travel Physician: the licensed physician who will carry out the Telehealth Consultations described in Section 2 below *.
* The Dr.Travel Physicians network operating in the United States is composed of licensed physicians and licensed mid-level healthcare providers.
- Platform: the digital platform that the Patient can access, through the SosTravel App, to receive the Telehealth Consultations from Physicians.
- Second Doctor: the licensed physician who will carry out the in-person Second Medical Visit as described in Section 7 below.
- Second Medical Visit: the in-person medical visit carried out by the Second Doctor as described in Section 7 below.
- Service or Dr.Travel Service: the service provided by the Company in accordance with Section 2 below.
- SosTravel: the Italian corporation, SosTravel.Com S.p.A., engaged by HPP and owner of the SosTravel App, which will also handle requests for payment of the Penalty (including payments of the same) pursuant to the Penalty Eligibility Requirements as set out herein.
- SosTravel App: SosTravel’s free software application, through which the Patient can access the Platform in order to use the Service via any Smart Phone electronic device that can be connected to internet.
- Telehealth Consultations: audio-video consultations on basic medical and health issues provided by Physician to Patients in accordance with Section 2 of these General Conditions of Service.
- Term: the period indicated in Section 4 below during which the Service is valid and operable.
2. Dr.Travel Service.
2.1. Dr.Travel provides the Patient, in its own name and on behalf of SosTravel, HPP and its Physicians, with Telehealth Consultations pursuant to Paragraph 2.4 for basic health issues during his/her trip abroad.
2.2. The Telehealth Consultations are provided through a digital Platform (the “Platform”), which the Patient can access, via the SosTravel App, worldwide*, 24 hours per day, 7 days per week, 365 days per year.
* Dr.Travel Services purchased in Canada are not available for use within the Canadian territories or provinces. However, Services purchased in all countries worldwide (excluding Canada) may be used in Canada.
- Dr.Travel Service is not health insurance and does not replace your primary care physician.
- Dr.Travel Service cannot be used and does not apply in case of serious, complex, urgent or emergency illnesses, medical conditions or situations. If you have a serious, complex or urgent medical condition and/or a medical emergency, please do not use this Service and dial the emergency number of the country where you are located.
2.3. From the Date of Purchase of the Service and until the end of the Term, whenever the Patient needs it on the basis of his/her health conditions, Patient can undergo a Telehealth Consultation with a Dr.Travel Physician through a secure online audio-video system on the HPP Platform, accessible via the SosTravel App.
2.4. After the Patient connects to the Platform, during the Telehealth Consultation, the Dr.Travel Physician, based on his/her professional judgement, may (a) provide the Patient with a medical diagnosis and recommend medical treatment, including pharmacological treatment; (b) recommend that Patient visit his/her primary care physician, specialist or local facility, if deemed appropriate; and/or (c) recommend further examinations or analyses, as necessary. In the event that a prescription for pharmaceuticals or controlled substances (“Drugs”) issued by Dr.Travel Physician is not suitable for the purchase of Drugs in the country where the Patient is located, the Patient may receive a Penalty according to the provisions of Sections 7 and 8.
Patient should be advised that filling of prescriptions issued by a Dr.Travel Physician is subject to the laws of the country where Patient is located during the Telehealth Consultation
2.5. As the Service is provided remotely, Dr.Travel Physicians cannot perform services that generally require an in-person physical evaluation (e.g. apply medical dressings, write referral notes, prescribe oxygen tanks, wheelchairs or durable medical equipment).
2.6. The Telehealth Consultations are available only in the following language: English.
2.7. Dr.Travel Services purchased in Canada cannot be used within the Canadian territories or provinces. However, Services purchased in the rest of the world (excluding Canada) may be used in Canada.
2.8. An internet connection is required to use the Service. The Service is not available without an internet connection.
3. Types of Offers.
3.1. At the time of purchase, the Customer can choose from the following Offers:
(a) “Individual Offer”: in this case, the Service may be used by only one (1) Patient.
(b) “Family Offer”: in this case, the Service may be used by a maximum of five (5) Patients, comprised of the Customer and up to four (4) of Customer’s legal dependents (“Legal Dependents”).
4.1. The Service may be used for fourteen (14) consecutive calendar days from the Date of Purchase.
5. How to activate the Dr.Travel Service.
5.1. The Service can be purchased by the Customer at Company’s points of sale. At the time of purchase, a Code with time/date stamp is printed on the purchase receipt (“Date of Purchase”) and, from the Date of Purchase, the Service is active for the Term indicated in Section 4.
5.2. In order to use the Service, the Patient must:
- download the free SosTravel App from the internet;
- scan or enter the Code within the SosTravel App;
- enter all required information;
- approve the General Conditions of Service;
- review the disclosure statement and obtain the consent of the interested individual, where necessary, in relation to the personal data of the Patient (or Patients, in case of the Family Offer);
- create a personal account by following the instructions provided in the SosTravel App;
- for the Family Offer, enter the required information related to each Legal Dependent.
6. Medical Records.
6.1. The documentation relating to the Telehealth Consultations conducted by the Healthcare Provider is available and can be downloaded by accessing the HPP Platform, through the SosTravel App.
7. Penalty clause.
7.1. In the following cases, the Patient shall be entitled to an amount, quantified according to what is set out in Section 8 and excluding the compensation for any additional damages, as a Penalty:
(a) if, following a diagnosis of a non-serious, non-complex and non-emergency medical condition performed within the Term, the medical treatment recommended by the Dr.Travel Physician is ineffective and, therefore, the Patient requires an in-person Second Medical Visit by a Second Doctor, who makes a substantially different diagnosis or recommends a substantially different medical treatment from that performed by the Dr.Travel Physician;
(b) if, except for serious, complex or emergency illnesses, medical conditions or situations, the Dr.Travel Physician is unable to provide the Patient with a medical diagnosis and/or prescribe medical treatment within the Term;
(c) if the prescription for Drugs issued by a Dr.Travel Physician cannot be filled in the country where the Patient is located and, for this reason, the Patient must undergo an in-person Second Medical Visit to obtain from a Second Doctor a prescription for the same Drugs prescribed by Dr.Travel Physician.
7.2. The Penalty is due to the Patient only in the case all the following requirements have been met (jointly, the “Penalty Eligibility Requirements”):
(a) the Second Medical Visit must necessarily be performed on the Patient in person;
(b) the Second Medical Visit must be performed within twenty-four (24) hours from the date of expiration of the Term;
(c) the Second Medical Visit must be performed on the Patient before returning from his/his trip, in a region other than the one in which he/she permanently resides or lives;
(d) the Second Doctor must be a licensed physician;
(e) the Second Doctor must make a substantially different diagnosis or must recommend a substantially different medical treatment from that provided or recommended by the Dr.Travel Physician or, in the case provided for in Paragraph 7.1. (c), the Second Doctor must issue a prescription for the same Drugs prescribed by the Dr.Travel Physician;
(f) the Patient must have incurred out of pocket expenses for the Second Medical Visit;
(g) the medical condition and/or situation treated must be a non-serious, non-complex and non-emergency illness.
8. Determination, currency and limit of the Penalty
8.1. Without prejudice to the maximum limit set forth in Paragraph 8.3 below, the Penalty is equal to fifty per cent (50%) of the amount paid by the Patient to the Second Doctor as a medical fee for a single Second Medical Visit, excluding costs incurred for any prescriptions, examinations, visits, treatments or any further expenses.
8.2. The Penalty will be paid in the same currency as that used for the purchase of the Service.
8.3. In any case, the Penalty cannot exceed the maximum, all-inclusive and one-time amount of three hundred (300) USD, CAD or EUR (depending on the currency used for the purchase of the Service) per Patient.
8.4. The Penalty can be claimed by the Patient for only one Second Medical Visit, regardless of the number of visits made by Dr.Travel and by the Second Doctor.
8.5. In the case of Family Offer this Section applies to each Patient covered under the Family Offer.
9. Penalty Request.
9.1. Requests for payment of the Penalty must be made in accordance with the procedure detailed in Sections 9 and 10 below. If the Patient is younger than 18 years old, all requests, e-mail and forms must be sent, completed and signed by the Customer.
9.2. Requests for payment of the Penalty are processed by SosTravel and its designated agents.
9.3. The Patient must contact SosTravel’s customer care office by email at firstname.lastname@example.org no later than 45 (forty-five) calendar days from the Date of Purchase of the Service to request the Penalty Request form (“Penalty Request Form”).
9.4. Following the Patient’s request, SosTravel’s customer care office will send the Penalty Request Form to the Patient. The Penalty Request Form must be completed in accordance with the instructions contained therein, signed and returned to email@example.com, together with the following documents (jointly, the “Required Documents”):
(a) copy of the original purchase receipt with the QR Code;
(b) copy of Patient and Customer’s personal identification document (e.g. driver’s license, ID card, passport, etc.);
(c) copy of Patient’s boarding pass for the departure flight from the airport where the Dr.Travel Service was purchased;
(d) copies of all reports, diagnoses and/or prescription(s) for medicine and/or Drugs issued by the Dr.Travel Physician and/or the Second Doctor;
(e) copy of the report, diagnosis and/or prescription(s) for medicine and/or Drugs issued by the Second Doctor who conducted the Second Medical Visit, containing the Second Doctor’s signature and stamp or other institutional contact information by which it is possible to ascertain the document’s authenticity;
(f) copy of the fiscal receipt of payment issued for the Second Medical Visit.
The Patient must email the signed and completed electronic copy of Penalty Request Form and all Required Documents to firstname.lastname@example.org within thirty (30) calendar days from the date of receipt of the Penalty Request Form.
9.5. SosTravel shall review and verify all requests for payment of the Penalty and may deny any Penalty Request that does not comply with these General Conditions of Service or Penalty Eligibility Requirements.
10. Payment of the Penalty.
10.1.If SosTravel determines the Patient is entitled to the Penalty, SosTravel’s customer care office will send Patient a receipt form (“Certificate of Payment and Receipt”), which must be signed and returned to the customer care office at email@example.com within thirty (30) calendar days from receipt of the Certificate of Payment and Receipt.
10.2. Within ninety (90) calendar days of receipt of the original signed and completed Certificate of Payment and Receipt, SosTravel shall remit the Penalty to the bank account indicated in the Certificate of Payment and Receipt.
10.3. Patient will have no right to request and obtain the payment of the Penalty,
and SosTravel shall be entitled to close any related claim without further notice to Patient or Customer, in the following cases:
(a) if, after 45 (forty-five) calendar days from the Date of Purchase, Patient/Customer has not requested a Penalty Request Form; and/or
(b) if, after 30 (thirty) calendar days from the date SosTravel sends the Penalty Request Form, Patient/Customer has not, for any reason not attributable to SosTravel, returned the completed and signed Penalty Request Form together with all the Required Documents in accordance with the procedure established in Section 9 above; and/or
(c) if, after 30 (thirty) calendar days from the date SosTravel sends the Certificate of Payment and Receipt, Patient/Customer has not returned such Certificate of Payment duly completed and signed.
11.1. Dr.Travel Physicians will respond, on average, within approximately fourteen (14) minutes, but no later than one (1) hour.
11.2. The Company does not warrant the uninterrupted or error-free operation of the Service and is not liable for any defects or delays in the operation of the service attributable to the Patient and/or to third parties.
11.3. Dr.Travel Service is not health insurance and does not replace your primary care physician.
11.4. Dr.Travel provides basic medical advices in its own name and on behalf of SosTravel, an agent of HPP and its Physicians.
11.5. Dr.Travel Service cannot be used and does not apply in case of serious, complex, urgent or emergency illnesses, medical conditions or situations. If you have a serious, complex or urgent medical condition and/or a medical emergency, please do not use the Service and dial the emergency number of the country where you are located.
11.6. Except for what is provided in Sections 7 and 8, the Company does not guarantee and assumes no liability: (a) for the accuracy, suitability or appropriateness of any diagnosis, assessment, treatment, cure or treatment provided by the Physician; (b) for Physician omissions or mistakes regarding medical diagnosis, treatment or cure; (c) regarding the resolution of the and Patient’s medical problem.
11.7. In no case will the Company be liable for any direct or indirect damages suffered by the Patient due to the commissive and/or omissive, willful and/or negligent, conduct
of the Physician. The Patient can address any claims for damages only against the Physician. For the aforementioned purposes, each Physician has a suitable and specific professional insurance policy.
11.8. Company makes no representations or warranties with respect to the Physican’s actions or the satisfaction of government regulations requiring disclosure of information on prescription drug products, or any treatment, action or application or preparation of medication based on information offered or provided through the Service.
11.9. Any Penalty due to the Patient may not, in any case, exceed the maximum total amount of 300 (three hundred) USD, CAD or EUR (depending on the currency used for the purchase of the Service) for each Patient.
11.10. Dr.Travel Services purchased in Canada are not available for use within the Canadian territories or provinces. However, Services purchased in all countries worldwide (excluding Canada) may be used in Canada.
11.11. The Service is available only in the following language: English.
11.12. An internet connection is required to use the Service. The Service is not available without an internet connection.
11.13. The Company does not warrant the uninterrupted or error-free operation of the Platform or of the Service and is not liable for any defects or delays in the operation of the service attributable to the Patient and/or to third parties. The Company shall use reasonable efforts to notify Patient in advance of any interruptions related to technical problems.
11.14. Dr.Travel may at any time discontinue or modify any Service or any feature thereof, including economic and contractual terms and conditions of Service.
11.15. Company does not receive or process the personal data of Customers and Patients. Such data are processed by SosTravel.Com S.p.A. and HealthPoint Plus Inc. as Joint Data Controllers pursuant to art. 26 of EU Reg. 2016/679. The user, in the disclosures made by both parties, may receive information regarding the scope of the processing by each party, the preconditions for lawful processing, the guarantees provided for the transfer of data to third countries and how to exercise rights.
Valid from the 18th of February 2021.