GENERAL TERMS AND CONDITIONS
Ownership of the Website www.mallorcamedicalgroup.com (hereinafter, the Website) belongs to MALLORCA MEDICAL GROUP SL, with Tax ID Number (NIF/CIF) B57544611, and the following contact information:
Registered office: Calle Murcia, 40, 07013 Palma de Mallorca, Balearic Islands, Spain.
Customer Service Center and Customer Service Department: Camí de la Vileta, 46 C, 07011 Palma de Mallorca, Balearic Islands, Spain.
Phone: 971 254 686
Email: info@mallorcamedicalgroup.com
Hereinafter, ” THE ACCOUNT HOLDER.”
These General Terms and Conditions govern the use of the Website and the purchase, reservation, and payment for the services that are available for online purchase at any given time.
For the purposes of these Terms and Conditions, the activities carried out by THE OWNER through the Website primarily include the booking and scheduling of medical appointments and other healthcare services, as well as, where applicable, additional activities or services expressly offered through the Website.
Before using the online booking services, the User must review the Legal Notice, the Privacy Policy, the Cookie Policy, and, where applicable, the Policy on Booking, Modifying, and Canceling Appointments.
Use of the Website does not in and of itself imply consent to the processing of personal data that requires consent. Data will be processed in accordance with the applicable legal bases set forth in the Privacy Policy.
By purchasing a service through the Website, you agree to these Terms and Conditions and to any specific terms that expressly apply to the service purchased.
THE OWNER may modify these Terms and Conditions as necessary. The terms and conditions in effect at the time the User makes the corresponding reservation or enters into the agreement shall apply.
For any questions regarding these Terms and Conditions, the User may contact THE OWNER using the contact information provided above.
TERMS OF USE AND LEGAL CAPACITY
The User agrees to use the Website lawfully, diligently, and in good faith.
In particular, the User agrees to:
- Use the Website solely to make genuine and legally valid requests, reservations, and bookings.
- Do not make fraudulent or false reservations, or reservations using third-party information without authorization.
- Provide truthful, accurate, and up-to-date information.
- Report any relevant changes to the information provided when necessary for the proper provision of the service.
The User represents that he or she is 18 years of age or older and has sufficient legal capacity to contract for the services offered through the Website.
When a reservation or booking is made on behalf of another person, the person making the reservation or booking declares that they have sufficient authority to provide the information and carry out the corresponding procedure.
The Website is primarily intended for Users residing in Spain, although individuals residing in other countries may access it or request services when THE OWNER is legally and practically able to provide them.
RESERVATION AND BOOKING PROCEDURE
The User may purchase or reserve the services made available for this purpose by following the procedure set forth on the Website.
During this process, it may be necessary to:
- Select the type of appointment or service;
- select an available date and time;
- provide the requested identifying and contact information;
- provide, where applicable, the reason for the inquiry or other information necessary to properly process the request;
- review the applicable terms and conditions;
- expressly accept the booking and cancellation terms and conditions, when applicable;
- and make the payment using one of the available methods.
Before completing the registration process, the User will be able to review and, when the system allows it, correct the information entered.
Once the process has been successfully completed, THE ACCOUNT HOLDER may send the User a confirmation of the reservation or contract via email or another authorized electronic means.
An appointment will not be considered definitively confirmed until the established procedure has been correctly completed, including advance payment when required.
Electronic communications, reservations, and payment transactions may be retained to the extent necessary to verify the contract, comply with legal obligations, and manage the relationship with the User, in accordance with applicable data protection regulations.
SERVICE AVAILABILITY
Appointments and services are subject to the availability of the professional or clinic.
If, due to unforeseen circumstances, it is not possible to provide a service that has already been contracted, THE OWNER will notify the User as soon as reasonably possible and will act in accordance with the applicable specific terms and conditions, including, where appropriate, rescheduling the service or refunding the amount paid.
PRICES
The prices listed on the Website will be in euros (€).
Prices will include any applicable taxes where required, unless otherwise expressly stated.
Health care services may be exempt from VAT if the requirements set forth in the applicable tax regulations are met.
The applicable prices will be those listed on the Website at the time the corresponding contract is entered into or reservation is made, unless there is a clear error.
THE OWNER may change the prices of services for future bookings without affecting reservations that have already been properly made.
PAYMENT METHODS
The available payment methods may vary depending on the service you have signed up for.
Once the User is authorized, they will be able to make a payment using a credit or debit card.
MALLORCA MEDICAL GROUP SL uses different providers and payment systems depending on the specific service.
For certain services, activities, or sections of the Website, the virtual POS terminal provided by Banco Bilbao Vizcaya Argentaria, S.A. (BBVA) may be used.
Appointments booked through the Website may be paid for using the services provided by Stripe.
The User will enter their credit card information directly within the secure environment of the relevant payment provider. MALLORCA MEDICAL GROUP SL does not directly store the full credit card information.
The cards will be subject to the verification and authorization procedures established by the issuing institution and the payment service provider.
If a transaction is not authorized, the reservation cannot be considered properly paid or confirmed.
Payment service providers may process certain data necessary for:
- authorize and process transactions;
- prevent and detect fraudulent transactions;
- ensure the security of its services;
- comply with its legal and regulatory obligations;
- handle issues related to transactions.
Depending on the specific processing activity, these providers may act as data processors on behalf of MALLORCA MEDICAL GROUP SL or as data controllers with respect to certain operations they carry out for their own legal, regulatory, security, or fraud prevention purposes.
Stripe expressly states that it may act as either a data processor or a data controller, depending on the purpose of the operation. Stripe
MALLORCA MEDICAL GROUP SL will limit the information provided to payment service providers to the data necessary to process the corresponding financial transaction.
The reason for the consultation, medical history, diagnoses, clinical photographs, and other health-related information are not part of the data required to process the payment and will not be disclosed to the payment service provider for this purpose.
ONLINE APPOINTMENT BOOKING AND PAYMENT
Appointments booked and paid for through the Website will also be subject to the Appointment Booking, Modification, and Cancellation Policy.
Before completing the payment, the patient will have access to this Policy and must expressly accept it by checking the corresponding box when the enrollment system allows it.
By making the payment online, the patient acknowledges that they have read and expressly accepted the terms and conditions applicable to the reservation.
RIGHT TO WITHDRAW, RESERVE, MODIFY, AND CANCEL APPOINTMENTS
In general, consumer and user protection laws recognize a right of withdrawal for certain distance contracts, under the terms set forth in Royal Legislative Decree 1/2007, dated November 16.
However, pursuant to Article 93(b) of the aforementioned Royal Legislative Decree, the regulations governing distance contracts do not apply to contracts for health-related services provided by healthcare professionals to patients for the purpose of assessing, maintaining, or restoring their health. BOE
Consequently, when a contract entered into through the Website is for the purpose of booking or providing a medical consultation or other health care service provided by a health care professional, the general 14-day right of withdrawal established for other distance contracts shall not apply, without prejudice to any other rights to which the patient is entitled under current law.
SCHEDULE AN APPOINTMENT
Booking a medical appointment through the Website will require, when applicable, advance payment of the amount corresponding to the appointment.
The appointment will not be considered confirmed until payment has been successfully processed and accepted.
An appointment involves assigning the patient a specific date and time in the doctor’s schedule, with that time slot reserved exclusively for the patient’s care.
CHANGES MADE 24 HOURS OR MORE IN ADVANCE
The patient may request a single rescheduling at no additional cost, provided that the request is made at least 24 hours before the scheduled date and time of the appointment.
The new date will be subject to the availability of MALLORCA MEDICAL GROUP SL’s schedule.
Once this change has been made, any subsequent modifications may require a new reservation and the corresponding payment.
CANCELLATION OR CHANGE WITH LESS THAN 24 HOURS’ NOTICE
Cancellations or requests for changes made less than 24 hours before the scheduled date and time of the appointment will result in the loss of the amount paid.
In these cases, if the patient wishes to schedule a new appointment, they must make a new reservation and pay the corresponding fee.
FAILURE TO ATTEND THE APPOINTMENT
If the patient does not show up for the appointment on the scheduled date and time and has not notified us of a change within the established time frame, the amount paid will not be refundable and cannot be applied to a new appointment.
PUNCTUALITY
The patient must arrive at the appointment on time.
A significant delay that prevents the appointment from being conducted properly within the scheduled time may be considered a no-show when it is not possible to provide the scheduled care without disrupting the normal flow of the schedule.
Under these circumstances, we cannot guarantee that the consultation will be extended or that the amount paid will be applied to a new appointment.
CANCELLATION OR CHANGE BY MALLORCA MEDICAL GROUP SL
If MALLORCA MEDICAL GROUP SL were to cancel or reschedule an appointment due to circumstances attributable to the clinic or the healthcare professional and were unable to offer the patient an acceptable alternative, the patient may choose between:
- rescheduling the appointment at no additional cost; or
- a full refund of the amount paid.
EXCEPTIONAL CIRCUMSTANCES
MALLORCA MEDICAL GROUP SL may assess on a case-by-case basis any exceptional and duly justified circumstances that have prevented the patient from attending the appointment or from notifying the change within the established time frame.
The existence of exceptional circumstances does not automatically entitle the customer to a refund of the amount paid.
ACCEPTANCE OF THE RESERVATION, CHANGE, AND CANCELLATION POLICY
Before making an online payment, the User will have access to the applicable Reservation, Modification, and Cancellation Policy.
By making an online payment, the User confirms that he or she has read and accepted this Policy and acknowledges and agrees that cancellations or changes made less than 24 hours in advance, as well as failure to show up for the appointment, will result in the loss of the amount paid.
When the system allows it, the User must expressly confirm their acceptance by checking the corresponding box before completing the payment.
Acceptance of these terms and conditions does not constitute a waiver of any rights recognized by mandatory provisions of law.
OTHER SERVICES PURCHASED ONLINE
When, in exceptional cases, a contract entered into through the Website pertains to services other than the health services excluded under Article 93(b) of Royal Legislative Decree 1/2007 and the right of withdrawal is legally applicable, the User may exercise that right within the time limits, under the conditions, and subject to the exceptions provided for by applicable law.
When the right of withdrawal is legally applicable, the User must clearly and unequivocally notify THE OWNER of their decision to withdraw from the contract using the contact methods provided.
When the cancellation is legally valid, THE OWNER will issue the corresponding refund in accordance with the terms and deadlines established by current law.
The User acknowledges that there are circumstances in which the right of withdrawal does not apply, including those set forth in Article 103 of Royal Legislative Decree 1/2007 and those contracts expressly excluded from the remote sales regime.
DATA PROTECTION
The personal data provided by the User while using the Website, requesting information, scheduling an appointment, or contracting a service will be processed by MALLORCA MEDICAL GROUP SL in accordance with its Privacy Policy and applicable laws.
The identifying, contact, administrative, and financial data necessary to process a request, a reservation, or a contractual relationship may be processed, as applicable, pursuant to Article 6.1.b) of Regulation (EU) 2016/679 (GDPR), as they are necessary for the implementation of precontractual measures requested by the data subject or for the performance of the established relationship.
When the User provides information regarding their health status—including the reason for the consultation, medical history, symptoms, prior treatments, or other clinical information necessary to manage or provide the requested health care—such data shall be considered special categories of personal data.
Your data will be processed when necessary for the purposes of preventive medicine, medical evaluation, diagnosis, healthcare assistance or treatment, or the management of healthcare services, in accordance with Article 9(2)(h) of the GDPR, under the responsibility of professionals bound by the duty of professional confidentiality and in accordance with applicable healthcare legislation.
As a general rule, the legal basis for the processing of health data for healthcare purposes will not be the patient’s consent when such processing is necessary to provide the requested healthcare.
MALLORCA MEDICAL GROUP SL will apply the principles of data minimization, confidentiality, and purpose limitation, processing only data that is adequate, relevant, and necessary for the corresponding purposes.
Personal data may be processed by or made available to technology providers, management platforms, hosting services, communications providers, appointment scheduling services, IT support providers, or payment providers to the extent necessary to provide their respective services.
Such providers will act, as appropriate, as data processors or data controllers with respect to those activities for which they determine their own purposes and means.
The data may also be disclosed to government agencies, health authorities, judicial bodies, or other authorities when there is a legal obligation to do so.
Detailed information regarding the purposes, legal bases, recipients, retention periods, transfers, and the exercise of rights will be available in the Website’s Privacy Policy.
The User represents that the information provided is true, accurate, and up-to-date.
LIABILITY
MALLORCA MEDICAL GROUP SL will act with the due diligence reasonably required in the management of the Website, the online booking and payment process, and the provision of the contracted services.
THE OWNER shall not be liable for any damages arising from circumstances for which it is not responsible or that are beyond its reasonable control, without prejudice to any liabilities that cannot be excluded by law.
In particular, it shall not be liable for any failure to properly process a reservation when such failure results from false, inaccurate, or incomplete information provided by the User.
Nor will it be liable for temporary interruptions, technical failures, connection problems, or issues with telecommunications systems or services provided by third parties when such circumstances are not attributable to MALLORCA MEDICAL GROUP SL.
The foregoing shall be without prejudice to the User’s rights under applicable law.
FORCE MAJEURE
MALLORCA MEDICAL GROUP SL shall not be liable for any failure to perform or delay in performing any obligations whose performance is prevented or delayed by circumstances of force majeure or events beyond its reasonable control.
The following, among others, may be considered:
- strikes or lockouts;
- riots, terrorist acts, or acts of war;
- fires, explosions, storms, floods, earthquakes, epidemics, pandemics, or other natural disasters;
- major transportation disruptions;
- telecommunications system outages;
- widespread disruptions to essential services;
- actions, regulations, or restrictions imposed by competent authorities;
- any other unforeseeable or unavoidable event that reasonably prevents the provision of the service.
The obligations in question will be suspended for as long as is strictly necessary while the force majeure event persists.
MALLORCA MEDICAL GROUP SL will take all reasonable measures within its power to mitigate the effects of such a situation and, whenever possible, offer the patient a suitable alternative.
ELECTRONIC COMMUNICATIONS
The User agrees that communications related to the reservation, contract, payment, and provision of services may be made electronically, including via email and the communication systems provided by MALLORCA MEDICAL GROUP SL.
The use of these means is without prejudice to the User’s applicable legal rights.
THE OWNER may use the contact information provided by the User during the reservation or contract process for these communications.
RIGHTS RESERVED
Failure by the HOLDER of a specific right to exercise that right shall not constitute a waiver of that right nor shall it preclude its subsequent exercise.
If any provision contained in these Terms and Conditions is declared null and void, invalid, or unenforceable, such circumstance shall not affect the validity of the remaining provisions.
AGREEMENT BETWEEN THE PARTIES
These Terms and Conditions, together with the specific terms and conditions and documents expressly incorporated into the booking process, constitute the contractual framework applicable between the User and THE OWNER with respect to the corresponding reservation or booking.
All of the foregoing shall be without prejudice to the rights and obligations established by mandatory legal provisions.
COMPLAINTS AND CLAIMS
The User may direct any inquiries, complaints, claims, or comments to THE OWNER using the contact information provided in these Terms and on the Website.
MALLORCA MEDICAL GROUP SL provides official complaint forms to consumers and users in accordance with the terms established by current regulations.
Where applicable, the consumer may resort to the alternative dispute resolution mechanisms provided for under Spanish and European Union law.
The foregoing is without prejudice to the User’s right to seek redress from the competent administrative or judicial bodies to defend his or her rights.
Last modified September 28, 2016