Terms and Conditions

Confidentiality

All patient information (such as medical records, billing records, and conversations about Patients) is considered to be confidential and Viva will comply fully with the Data Protection Act.

Patients need to be able to trust that Viva will protect information shared in confidence. They should feel free to fully disclose sensitive personal information to enable their Doctor/ Surgeon to most effectively provide needed services. Doctor/ Surgeon in turn have an ethical obligation to preserve the confidentiality of information gathered in association with the care of the patient.

In general, patients are entitled to decide whether and to whom their personal health information is disclosed. However, specific consent is not required in all situations.

When disclosing patients’ personal health information, Doctor/ Surgeon should:

  • Restrict disclosure to the minimum necessary information; and
  • Notify the patient of the disclosure, when feasible.
  • Doctor/ Surgeon may disclose personal health information without the specific consent of the patient (or authorized surrogate when the patient lacks decision-making capacity):
  • To other health care personnel for purposes of providing care or for health care operations; or
  • To appropriate authorities when disclosure is required by law.
  • To other third parties situated to mitigate the threat when in the physician’s judgment there is a reasonable probability that:
  • the patient will seriously harm him/herself;
  • the patient will inflict serious physical harm on an identifiable individual or individuals.

For any other disclosures, physicians should obtain the consent of the patient before disclosing personal health information.

Billing

Every Patient has the right to receive a bill and an explanation of the fee for any service provided regardless of the source of payment.

Rescheduling

Rescheduling of appointments and procedures should be done in writing and forwarded by email.

Rescheduling should be made within a reasonable period of time failure to which the same will amount to cancellation.

Rescheduling will be valid once Viva acknowledge the communication from the Patient

Cancellations and Refund Policy:

Cancellation of consultation related to the Medical/Surgical procedures with Viva should be communicated at least two days prior to the date of the consultation.

Cancelation of Medical/ surgical procedures that are to be done locally (in the country where the patient resides) will be valid where:

  • The Medical/ Surgical procedure is to be done by a Local Doctor/ Surgeon (residing and practising in Kenya). The Patient MUST notify Viva at least 1 (one) week before the expected date of the Medical/ Surgical to the patient’s home country.
  • The Medical/ Surgical Procedure is done by a Doctor/Surgeon who resides in a different country and travels purposely for the Medical/surgical procedure. A request for cancellation MUST be made at least 3 (three) weeks before the expected date of the Medical/ Surgical Procedure.

Where the Medical/ Surgical procedures are to be in a different country from the country where the patient resides. A request for cancellation of MUST be made at least 3 (three) weeks before the expected date of the Medical/ Surgical Procedure.

Further all Cancelation should be done in writing and forwarded by email.

Refunds:

Upon receipt of a valid Cancelation and request for a refund, Viva shall make a refund in line with its policies outlined below in not less than 30 (Thirty) Days from when the request for the refund is made.

Refund policies

  1. In the event of failure by the Patient to complete the required amount once the Deposit has been paid, they shall be liable to receive their deposit less 30 % or USD. 1,000 whichever is higher;
  1. Where the patient has remitted the required amount they shall be liable to receive their refund less 30 % or USD. 1,000 whichever is higher;
  1. Additionally, any ticket(s), visa costs and any other Medical/ Surgical procedures related fees are non-refundable. For the avoidance of doubt, once both the patient and Viva have agreed on a flight itinerary and the ticket(s) is issued, such costs will not be refundable;
  1. The costs and fees incurred in undertaking the pre-surgical medical tests, check-ups

Consultations and other related expenses are not refundable;

The Patient will be provided with a refund reference number for further communication. Under no circumstances, cash will be refunded against any cancellation.

Patient Agreement

Viva Serenity enters into a Patient Agreement with every patient receiving its Medical Tourism and Wellness Services. Viva gives the Costs of treatment (“Treatment Costs”) as a package, covering, but not limited to the following aspects of Medical Tourism:

i. Pre-surgical consultations and tests carried out by Viva;
ii. Counselling by the Viva’s appointed counsellor;
iii. Communication with the Hospitals/ Surgeons and Doctors to make the necessary
arrangements for the scheduled treatment/ procedure;
iv. Visa fees for Patients and anyone accompanying the patient that may also include either the patients relatives or Viva medical staff (Nurses or doctors) or Viva admin personnel

v. Unless expressly stated and agreed, Return Economy Class flight tickets;
vi. Travel Insurance and Airline Medical Clearance for the Patient;
viii. 4 Star Bed and Breakfast Hotel accommodation  
ix. Airport transfers, Touristic packages for excursions and sightseeing
xi. Private room at the Hospital for the Patient;
xii. Pre–surgical tests for the Patient carried out by the Hospital;
xiii. The performance of the Laparoscopic Surgery at the Hospital;
xiv. Post-surgical treatment carried out while at the Hospital;
xv. Post-surgical follow up which shall be carried out by Viva upon the return
to the Patients Home country.

In addition, the package also includes follow up by other Viva Consultants that include the trainer and the nutritionist. The package also includes any follow up treatments at the comfort of the patients home by Viva doctors, nurses and other medical consultants.


Please note that:

  1. The services listed above shall only be delivered and accrue as an obligation
    on Viva’s part once the full amount has been remitted by the Patient.
  2. For the avoidance of doubt, any expense not provided for in the treatment costs of the specific Patient Agreement with the Patient  is not to be
    included in the Treatment Costs
  3. Viva shall only issue its official receipts for payments made by the Patient and no
    other receipts shall be issued from subsequent service providers for monies paid
    directly to Viva.
  4. The Treatment Cost is a package cost for the services listed therein. No further
    breakdown shall be provided to the Patient except as broken down in the said Clause

Terms and conditions

By accessing or using the services of this Website, the User signifies his acceptance and acknowledgment to the terms and conditions set forth below as well as the terms and conditions amended by this Website from time to time, including expressly, but not limited to, those available by Hyperlink and general principles for the websites of its subsidiaries and affiliates. The User also agrees to the Disclaimer, Privacy Policy and Refund and Cancellation Policy of this Website. The User are advised not to use the services of this Website if they do not agree to these terms and conditions.

The User agrees not to use services of this Website, if he is not able to form legally binding contracts, is less than 18 years of age or is temporarily or indefinitely suspended from this Website.

The User is solely responsible for any activity that occurs under his screen name or by use of his e mail account. The User hereby warrants that all information submitted by the User is true, current and complete. If information submitted by the User is found to be false, deceptive, incomplete or concealed deliberately, this Website reserves the right at its sole discretion to discontinue the service and/or terminate this Agreement immediately.

The User agrees to use the services provided by this Website, its affiliates, consultants and contracted companies, for lawful purposes only. The User agrees not to violate any laws, third party rights or our policies. International users agree to comply with all local laws regarding online conduct.

This Website reserves the right to refuse service to anyone for any reason at any time.

Viva reserves the right, in its sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service

The provisions of this Agreement shall be governed by and construed in accordance with Kenyan law. The rights and obligations of the Parties under, or any and all disputes arising out of this Agreement, shall be subject to the exclusive jurisdiction of the courts located in Kenya. The User/Patient gives consent to the exclusive jurisdiction of Kenya.

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