Contract conditions

AGREEMENT FOR THE PROVISION OF REPRESENTATION SERVICES

1. TERMS AND DEFINITIONS

• Tour de med – Tourdemed UAB, registration number 306967638 in the Republic of Lithuania, head office address: Subačiaus g. 8-18, LT-01302 Vilnius, represented by the Director Žaneta Fomova acting in accordance with the Articles of Association of the company.
• Client – a person wishing to purchase the Services.
• Representation Services – services provided by Tour de med as specified in Section 2 of the Agreement.
• Parties – the Representative and the Client collectively, and each individually are hereinafter referred to as the Party.
• Services – medical, healthcare, wellness, and other services provided to the Client by the Service Provider(s) in accordance with the service provision/purchase and sale agreement concluded between the Client and the Service Provider(s).
• Service Provider(s) – Tour de med partners – medical, wellness, and other service providers, hotels, wellness and spa centres, clinics, doctors, transportation companies, and other providers whose services are chosen by the Client.

2. SUBJECT MATTER OF THE AGREEMENT

2.1. Tour de med hereby undertakes to act as the Client’s representative and intermediary, to advise the Client on the Services provided by Tour de med partners – service providers, to coordinate the selection, ordering, and booking of medical, wellness, and other services chosen by the Client.

2.2. On the basis of this Agreement, Tour de med acts as the Client’s representative and coordinator of the provision of Services. Tour de med does not provide medical and wellness services itself – these services are provided at the Client’s individual choice by third parties – Tour de med partners (hereinafter referred to as Service Providers) – hotels, clinics, doctors, wellness centres, transport companies, etc. in accordance with service provision/purchase and sale agreements concluded separately between the Client and the Service Providers.

2.3. The services provided by the Representative include: advising the Client on the Services provided by Tour de med partners, submitting offers from Service Providers to the Client, familiarising the Client with the terms and conditions of service provision, booking Services, and providing other agreed services.

3. SERVICE ORDERING AND PAYMENT PROCEDURE 

3.1. Services are ordered through written communication between Tour de med and the Client via e-mail or other means of communication (hereinafter referred to as Communication). The Communication shall specify the nature of the specific services, the Service Provider(s), the dates of the provision of services, the price, the payment procedure, etc. The Client confirms the order of Services by sending a message to Tour de med.

3.2. The price of the Services ordered by the Client and the payment procedure shall be discussed individually in each case in Tour de med’s Communication with the Client.

3.3. After confirming the Service Order, the Client shall make an advance payment in the amount specified in the Communication. Tour de med shall confirm the Service Order upon receipt of the advance payment.

3.4. The Client shall pay the remaining price for the Services in accordance with the invoice issued by Tour de med.

3.5. If the Client fails to make an advance payment within the time limit specified in the payment notice, the Service Order shall be deemed cancelled and the Client shall not be entitled to demand that the Representative perform any of the obligations specified in the Agreement.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. Rights of the Representative:

4.1.1. the Representative shall be entitled to act on behalf of the Client to the extent necessary to provide the Services, for example, to register the Client for the provision of Services, to book Services, to provide relevant information to Service Providers. 

4.1.2. the Representative shall have the right to adjust the course of service provision at its discretion (e.g., change the time, offer alternative Service Providers) if this is necessary to achieve a more effective result or if objective obstacles arise.

4.1.3. the Representative shall have the right to refuse to provide services if:
4.1.3.1. the Client fails to provide the required information;
4.1.3.2.  the services are not in line with the nature or scope of the Representative’s activities, or are against the law, ethics, or professional principles.
4.1.3.3.  the Client violates the terms of the Agreement or behaves disrespectfully.

4.1.4. the Representative shall be entitled to receive the remuneration specified in the Agreement for the services provided, including additional remuneration for urgent or additional tasks, if such have been agreed with the Client.

4.1.5. If the Client misses the payment deadline, the Representative shall be entitled to charge default interest of 0.05% on the amount not paid on time for each day of delay.

4.2. Obligations of the Representative:

4.1.1. provide the Client with advice on the services provided by the Representative’s partners, i.e., Service Providers, that may be relevant to the Client.
4.1.2. organise the booking of services.

4.1.3. inform the Client about the services ordered, Service Providers, prices, and terms and conditions. provide all information known to the Representative about the Service Providers and the services they provide.
4.1.4. ensure that the information provided by the Client and the Client’s requests regarding the provision of services are forwarded to the Service Providers.
4.1.5. keep the information provided by the Client, including his/her personal data (if any), safe.

4.3. Rights of the Client 

4.3.1. the Client shall have the right to independently decide which services he/she wishes to order from the list of services offered by the Service Providers proposed by the Representative and, if possible, to order additional services during the term of the Agreement by separate agreement with the Representative.

4.3.3. the Client shall have the right to be informed about the date, time and price of the booked Services and to receive the contact details of the Service Provider.

4.3.4. the Client shall have the right to provide comments, suggestions, and ask questions regarding the quality of services and to expect a reasonable response within a reasonable time frame.

4.3. Obligations of the Client:

4.2.1. confirm the services ordered and pay the price of the services.

4.2.2. comply with the terms of service specified by Tour de med, arrive at the place of service at the agreed time.
4.2.2. provide all information requested by Tour de med in a timely manner, which is necessary to submit a Service Offer, book Services, and perform other actions specified in the Agreement. Providing inaccurate information or failing to provide certain information may limit the quality and scope of services or result in the inability to provide services.

4.2.3. cooperate with the Representative throughout the entire service provision period, i.e., respond to inquiries in a timely manner, provide decisions on options offered, approve or reject offers within a reasonable time frame.

4.2.4. conclude service provision and/or purchase and sale agreements with Service Providers.

4.2.5. respect the internal rules established by third parties – Service Providers – and perform the concluded agreements in good faith. In the event of a breach, the Client undertakes to compensate the Service Providers for any losses incurred.

4.2.6. comply with agreed deadlines, e.g., arrive at the Service Provider’s premises on time, attend meetings, etc.

4.2.7. the Client shall not be entitled to demand services that have not been agreed and booked by the Representative or that exceed the Representative’s competence in any way.

5. NATURE OF THE SERVICES AND LIABILITY OF THE PARTIES

5.1. The Representative acts solely as an intermediary and coordinator of the Services selected by the Client and is responsible only for the Representation Services specified in this Agreement. The Client understands that the actual Services are provided by a third party – the Service Provider(s) selected by the Client – and therefore the Representative is not responsible for the quality, timing or consequences of such services.

5.2. The Representative shall not be liable for the quality, safety or legality of services provided to the Client by the Service Providers’ employees, doctors, healthcare professionals or other third parties. All decisions regarding the choice of treatment, wellness or other services are made by the Client. The provision of services is carried out exclusively on the basis of agreements concluded between the Client and the Service Provider(S).

5.3. The Representative’s liability, if any, shall in any case be limited to the price actually paid for the relevant services.

6. PROTECTION OF PERSONAL DATA

6.1. The Client confirms that, for the purposes of this Agreement, he/she has signed a written consent form for data processing, granting the Representative the right to transfer the necessary personal data to third parties, i.e., Service Providers selected by the Client, to the extent that the transfer of data is necessary for the proper performance of this Agreement and for the ordering and provision of services selected by the Client.

7. VALIDITY PERIOD AND TERMINATION OF THE AGREEMENT

7.1. The Agreement shall enter into force on the date of its signing and shall remain in force until all services have been provided and paid for.

7.2. The Client shall have the right to terminate the Agreement no later than thirty (30) calendar days prior to the commencement of the provision of Services. Upon termination of the Agreement, the Representative shall retain the advance payment made by the Client as a termination fee. This amount is considered to be the minimum loss incurred by the Representative that is fair, reasonable, and indisputable.

7.3. The Representative may terminate the Agreement unilaterally by notifying the Client in writing no later than fourteen (14) calendar days prior to the commencement of the provision of Services.

7.4. The Representative shall have the right to terminate the Agreement at any time during the term of the Agreement if:

7.4.1. the Client breaches any of his/her contractual obligations and fails to remedy the breach within seven (7) calendar days from the date of the Representative’s written notice.

7.4.2. the Client provides false or incorrect information or conceals information that makes the provision of services impossible.

7.5. Upon termination of the Agreement by the Representative on the grounds specified in paragraph 7.4 of the Agreement, the Client shall pay the termination fee specified in the Special Terms of the Agreement and reimburse all expenses incurred by the Representative due to the termination of the Agreement.

7.6. The Parties shall have the right to terminate the Agreement at any time by mutual written agreement. In such a case, the Client shall be obliged to pay for the services provided by the Representative prior to the date of termination of the Agreement.

8. FORCE MAJEURE

8.1. The Parties shall not be liable for partial or complete failure to perform their contractual obligations if they prove that the failure was due to circumstances beyond their control (force majeure). In cases of force majeure, the Parties shall be guided by the requirements set forth in the laws of the Republic of Lithuania.

8.2. If force majeure circumstances last longer than three (3) months, either Party to the Agreement shall have the right to terminate the Agreement by notifying the other Party five (5) calendar days in advance. If, upon expiry of this period of five (5) calendar days, the force majeure circumstances still exist, the Agreement shall be terminated, and the Parties shall be released from further performance of the Agreement in accordance with the terms of the Agreement.

9. FINAL PROVISIONS

9.1. By signing this Agreement, the Client confirms that he/she has read and agrees to comply with the terms and conditions of the Agreement.

9.2. Any notice or information provided by the Parties to each other must be in writing and sent to their e-mail addresses or by other means of communication used by the Parties (mobile applications, etc.).

9.3. Any notice or other information sent in writing in the form specified in this Agreement shall be deemed to have been duly received on the date of dispatch.

9.4. This Agreement shall be governed by the laws of the Republic of Lithuania. Disputes between the Parties shall be settled by mutual agreement. If the Parties fail to settle the dispute by mutual agreement, the Parties to this Agreement agree to settle the dispute in a court of the Republic of Lithuania – Vilnius District Court or Vilnius Regional Court – in accordance with the procedure established by the laws of the Republic of Lithuania. The place of conclusion and performance of the Agreement is Vilnius, Republic of Lithuania.

9.5. If any provision of this Agreement is found by a court or other competent authority to be invalid or contrary to the laws of the Republic of Lithuania, the other provisions of this Agreement shall remain in force, except in cases where both Parties consider the invalid provision to be essential, without which they would not have concluded this Agreement.

9.6. Tour de med reserves the right to unilaterally amend the terms and conditions of this Agreement for the Provision of Representation Services by notifying the Client by e-mail no later than thirty (30) calendar days in advance. Tour de med shall publish any changes to the terms and conditions of the Agreement on its website www.tourdemed.com.  If the Client does not agree to the amendment of the terms and conditions of the Agreement, he/she may terminate the Agreement in accordance with the procedure set forth in paragraph 7.6 of the Agreement.