Terms of Service
Gateway International EMS (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 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: 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. Customer can contact Provider via phone, Email or fax: all details are listed on the following website: www.gateway-ems.com The Customer should provide all details possible, including the medical diagnosis of patient and type of ambulance requested, i.e. BLS, ALS etc, tarmac access, pick up time etc. By engaging the services of the provider via phone, email or fax 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 a part or all the costs of the transport in advance. b. If desired he Customer will be provided a quotation prior to the delivery of service which will detail the estimated costs of transportation plus any additional costs that may arise such as waiting time, cancellation costs, etc. Such quotations are estimates only and may not reflect the final cost: any additional charges assessed by third party transporation providers, such as for wait times incurred, cleaning fees, etc., shall be the responsibility of Customer, and Gateway will not further mark up its own fee or assess extra fees beyond those charged by the third parties. If the final cost differs from the estimated cost, the Provider will, upon request, furnish the Customer with a final cost document detailing the additional charges. Gateway will not increase its case fee to the Customer in the event of additional third party charges, with the exception of cancellation costs, i.e. if the Customer cancels a confirmed mission and the contracted provider charges fees to Gateway, Gateway will charge these fees with a surcharge of 10% to the Customer. All quotes are subject to availability of provider at time of booking by client. c. Upon confirmation of a transport the Customer will supply the Provider with all necessary information in order to allow the successful arrangement of the mission. This includes any necessary documentation, name of the patient, location, hospital name (if applicable), routing etc. Upon providing these details the Customer automatically consents that the Provider releases any medical information as necessary, i.e. to the transport company. It is the sole responsibility of the Customer to have received the consent for release of medical information from their patient. The Provider is not involved in the communication with the patient, unless expressly asked to do so. 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 Provider is not liable for the actual quality of service performed or for the actual medical care as the Provider in these terms & conditions does not provide any medical care. 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 and unless Provider has acted negligently in the afore mentioned situation Customer will hold Provider harmless. Provider, however will do all possible to reclaim any losses of client from the negligent service provider. g. If the Customer confirms a transport the Provider will communicate as necessary with the identified 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 are aware of the logistical details and prepared for transport, has been given consent by the patient and that the patient is aware of possible transport risks. 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 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 contracted transport 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. It is the customers responsibility to provide Gateway Intl. EMS with hospital room numbers or other relevant information to locate the patient at respective facilities. If these are not provided or provided incorrectly Gateway. Intl. EMS is not responsible for any potential delays in transport and associated costs for the customer. Any additional costs that may incur because of delays or the failure to inform Provider of relevant logistics are the responsibility of the client. i. It is the sole responsibility of the Customer to advise Provider if medical escorts or air ambulance teams can not locate 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. Gateway Intl. EMS as a third party is not responsible and may not be held liable for any missed flights. Equally Provider commits to informing the Customer of any delays or change of logistics that may arise due to processes of the contracted transport company. d. Provider is not responsible for any changes of transport logistics or costs that arise 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. Customer understands that long distance transports are defined by the individual subcontracted transport companies, i.e. some providers will define 2 hours as long distance, others 4hrs etc. Customer understands that they are responsible for any and all cancellation fees as stipulated to Gateway Intl. EMS by the individual provider in any and all transports regardless of distance. Transport companies may have full cancellation costs which could be but not limited to as early as 72 hours in advance. Customer is responsible for requesting cancellation cost information of individual providers if needed for their own purpose. Gateway Intl. EMS can not be held liable for late cancellation and associated fees due to cancellation of the customer. Empty Leg Posting Page Gateway Intl. EMS can not be held liable for the postings on this page. Gateway Intl. EMS is solely offering air ambulance and other companies to post their own services and does not take responsibility for accuracy or quality of these companies. Anybody entering into an agreement with a company listed on this webpage does so fully at their own accord. Gateway International EMS is not part of this or any other contract. Gateway International EMS reserves the right to update this page and remove postings at any time if they are outdated or not in accordance with the appearance Gateway Intl. EMS represents and stands for.
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 invoice.
- c. In the event that there is a claim for breach asserted by Provider, then the laws of Washington, DC, USA apply.
FURTHER LIMITATION OF LIABILITY / RESOLUTION OF DISPUTES
PLEASE READ THE FOLLOWING CAREFULLY, AS THESE PROVISIONS CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS 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 CARE AND DOES NOT PARTICIPATE IN THE PERFORMANCE OF ANY MEDICAL TRANSPORTATION OR SERVICES. THE TRANSPORTATION COMPANIES AND/OR ANY INDIVIDUALS OFFERING AIR AMBULANCE SERVICES, MEDICAL ASSISTANCE, TRAVEL INSURANCE, HEALTHCARE, OR OTHER TRANSPORTATION (the “Contractors”) ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OR EMPLOYEES OF PROVIDER. NEITHER PROVIDER, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, 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 RESPONSIBILITY FOR ANY DAMAGE AND/OR DELAY IN THE PROVISION OF ANY SERVICES BY ANY OF THE CONTRACTORS. PROVIDER 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 GATEWAY, YOU AGREE THAT YOU SHALL CONTACT GATEWAY AND PROVIDE GATEWAY AN OPPORTUNITY TO RESOLVE ANY SUCH LEGAL ACTION OR DISPUTE; SHOULD GATEWAY 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 PROVIDER (AND PROVIDER ONLY) MAY ELECT TO RESOLVE ANY CLAIM OR ACTION THROUGH BINDING ARBITRATION CONDUCTED IN WASHINGTON, DC. 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 PROVIDER’S SOLE ELECTION AND YOU AGREE TO STAY OR DISMISS PROCEEDINGS IN FAVOR OF SUCH ARBITRATION. YOU FURTHER AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LEGAL ACTION INITIATED AGAINST PROVIDER.
In the event of any litigation or dispute in court, Customer agrees to and shall be bound to the exclusive jurisdiction of the courts of Washington, DC, and the laws of the District of Columbia shall apply (without regard for its conflict of law provisions).