Participant Agreement for Assistance with Placing Local, GPS-based Emergency Calls Worldwide
Responsible Service Provider and Participant’s Contractual Partner:
med con team GmbH, Gerhard-Kindler-Str. 6, 72770 ReutlingenCEO: Dr. med. Michael WeinlichRegistration Office: Stuttgart Local CourtCommercial Registration: HRB 723693
The SOS-Call service provided by med con team GmbH allows the customer to place local emergency calls worldwide by pushing an emergency call button on the mobile phone registered in his or her service agreement. By pushing the emergency call button, the customer sends his or her GPS data to the SOS-Call center. Thanks to its global network of alarm control centers, med con team GmbH then forwards the call, and the GPS data, to the appropriate local control center. This service features, in particular:
• Immediate receipt of all incoming emergency calls, both domestic and international, directly at the med con team alarm control center. Calls are received at a med con team alarm control center staffed 24 hours a day by qualified personnel.
• Comprehensive documentation of all incoming calls and all actions taken, including a recording of the emergency call and the forwarding procedure.
• Forwarding of global positioning data transmitted by the mobile communications provider upon transmission of an emergency call by SMS—so far as technically possible and so far as it is available to med con team.
This service is not a replacement for a local emergency call, but it can, in many cases, aid the placement of local emergency calls.
International Travel InsuranceWhen using SOS-Call outside of Germany, it is necessary to hold an international travel insurance policy in order to ensure that any potential costs are covered. The participant is responsible for covering any potential costs incurred. These costs are illness-related costs and can be submitted to an insurance provider. In the case of company contracts, the participant company is responsible for the reconciliation of costs.
General Terms and Conditions of the Emergency Call Service Participant Agreementmed con team GmbH, Gerhard-Kindler-Str. 6, 72770 Reutlingen(hereinafter “med con team“)
§1 Service provided by med con team
The med con team emergency control center is open and available 24 hours a day, 7 days a week, including Sundays and holidays.
med con team forwards the Participant’s emergency call data, or the mobile phone user’s data, to the nearest and most suitable control center. Depending on the agreement and the requirements of the individual situation, the forwarding procedure may comprise alerting an emergency doctor or rescue service, or providing the address or telephone number of persons able to further assist the particular emergency situation.The services of the med con team include:
1. Initial consultation, data collection and activation
Comprehensive information about med con team’s emergency call services (please see www.sos-call.eu).
Storage of the mobile device user’s data at the med con team emergency control center.
Activation of the participating mobile devices with med con team.
2. med con team Emergency Call Services
Immediate receipt of all incoming emergency calls, both domestic and international, directly at the med con team alarm control center. Calls are received at a med con team alarm control center staffed 24 hours a day by qualified personnel.
Comprehensive documentation of all incoming calls and all actions taken, including a recording of the emergency call and the forwarding procedure.
Forwarding of global positioning data transmitted by the mobile communications provider upon transmission of an emergency call by SMS, so far as technically possible and so far as it is available to med con team.
§2 Participant Obligations
(1) The Participant provides med con team with all necessary data, in accordance with the master data record. The Participant is obligated to immediately notify med con team in the case of changes to the master data. The Participant acknowledges that a failure to report changes to the master data, or changes in mobile phone numbers or providers, can possibly result in med con team being unable to fulfill its obligations because the mobile device is incorrectly registered and the emergency call cannot be correctly allocated.
(2) The Participant is obligated to use the mobile device equipped with the emergency call function under careful observance of all operating guidelines. In particular, the Participant must not undertake any installations, alterations or repairs to the mobile device personally or through the services of a third party.
(3) The Participant is obligated to make emergency calls over the mobile device only in emergencies and as a supplement to a local emergency call. The Participant shall reimburse med con team for all damages and costs and frees med con team from all claims by third parties arising from a false alarm sent by a Participantís mobile device to the med con team control center. This shall not apply when the Participant, or the Participantís vicarious agent, is not liable for the false alarm.
§3 Authorization to commission auxiliary companies; Participant release
(1) The Participant authorizes med con team, in accordance with the points specified in the master data record, to commission assistance on behalf of and for the account of the Participant. med con team is, according to this agreement, solely obligated to forward the emergency call and to commission a third party (hereinafter “auxiliary company”) on behalf of, and with the full authority of, the Participant.med con team is not obligated to supervise the commissioned auxiliary companies, nor is med con team obligated to supervise the execution of the assistance provided by the auxiliary companies. The auxiliary companies, when commissioned due to med con team’s action plan and as authorized by the Participant, are thus not vicarious agents of med con team because they are not deployed to provide a service owed by med con team. On the contrary, this is a direct legal relationship between the Participant and the commissioned auxiliary company.
(2) If a commissioned auxiliary company asserts claims against med con team related to the assistance commissioned by med con team on behalf of and with the full authority of the Participant, the customer releases med con team from the auxiliary companyís claims as well as from all costs incurred due to the claim.
§4 Requirements for the trouble-free usage of the emergency call system to be followed by the participant
(1) The participant acknowledges that the emergency call system is a technical communication system based on a combination of software and hardware (in the case of specific mobile devices) or based exclusively on software installed in the mobile device (the emergency call application).
(2) For the error-free transmission of the emergency call from the participant’s mobile device to the emergency control center, it is the participant’s responsibility to adhere to the following guidelines:
a faultlessly functioning mobile device and a telecommunications contract with a network provider (hereinafter mobile services provider) for the usage of the mobile device
correct installation of the emergency call function on the participant’s participating mobile device
a charged mobile device
an available mobile communications network
have the technology for satellite positioning (GPS), or network positioning of the mobile device, or wireless LAN positioning
(3) Installations, alterations and damages to the mobile device by the participant, or by the user of the mobile device, can lead to damages or disruptions and can have the consequence that the emergency call cannot be properly placed to med con team.
(4) The instructions and operating guidelines for each particular mobile device, as well as for the installation of the emergency call application onto the particular mobile device, must be followed by the participant because not adhering to the instructions or operating guidelines can result in the emergency call not being properly placed to med con team.
(5) When using a mobile device, there exists the potential for service limitations when placing emergency calls, depending on the mobile network coverage and the particular mobile service provider at the location.
Disruptions or errors in the mobile communication network used by the participant can lead to the emergency call not being properly placed to med con team.
Furthermore, limited GPS (positioning system) satellite "visibilities", or reflections from satellite signals, can lead to improper functioning, which can cause an erroneous location to be determined.
§5 Liability of med con team, force majeure, release from liability in the case of strict liability
(1) med con team is liable for damages in only the following cases:
For damages due to death, personal injury, or injury to health, based on an intentional or a negligent breach of contract by med con team, or a legal representative or vicarious agent of med con team.
For other damages based on an intentional or grossly negligent breach of contract by med con team or a legal representative, executive staff, or vicarious agent of med con team.
For damages based on the intentional or negligent breach of a fundamental contractual obligation by med con team, or a legal representative or vicarious agent of med con team.Fundamental contractual obligations are those obligations whose fulfillment first enables the proper execution of the agreement and on which the Participant regularly relies.
For damages that fall within the scope of protection of a guarantee (warranty) issued by med con team.
In cases of minor negligent breach of a fundamental contractual obligation, the liability of med con team is, with respect to the amount, limited to the typically expected damage. This does not apply to damages due to death, personal injury or injury to health.
Claims for damages asserted against med con team based on statutory liability, for example, according to product liability law, as well due to death, personal injury, or injury to health, remain unaffected by the preceding provisions of this §5 Subsection 1 and exists to the extent allowed by law within the period stipulated by law.
Unless otherwise specified in this agreement, all claims asserted by Participants for compensation of damages of any kind are excluded.Should third parties be involved or commissioned in the initiation or settlement of the contractual obligations between the parties, the liability limitations specified above shall also apply to the said third parties.
(2) The liability of med con team in cases of force majeure (lightning, catastrophes, labor disputes, acts of war, or other events beyond the control of med con team) is excluded.
(3) The strict liability of med con team according to §536 a Subsection 1 1. Alt. of the German Civil Code (BGB) due to defects already in existence at the time the agreement is entered into is excluded.
§6 Data Protection
When an emergency call is dispatched by SMS or data transmission from a participating mobile device, med con team receives the location data of that participating mobile device and med con team thus collects and records the location data of the mobile devices participating in the emergency call system from which an emergency call is sent. med con team can thereby carry out the positioning of the participating mobile device and mobile device user. Furthermore, med con team records the incoming emergency calls and stores the telephone calls so that they may be listened to again in cases of doubt. med con team thus stores and processes personal data and the Participant’s, or mobile device user’s, sensitive health-related data in particular. The collection, storage and processing of this personal data is only permitted when the mobile device user participating in the emergency call system has given express consent. The declaration of consent shall thus be signed separately by the Participant within the participant agreement.
§7 Assignment, commissioning by med con team
(1) The assignment of the Participant’s claims from this contractual relationship is permitted only after prior written consent from med con team. § 354 a of the commercial code (Handelsgesetzbuch) remains unaffected.
(2) med con team is entitled to have its obligations from this agreement fulfilled by suitable third parties.
§8 Place of jurisdiction, applicable law, data processing, severability clause
(1) Reutlingen is the exclusive place of jurisdiction for all disputes arising out of the contractual agreement between the parties insofar as the Participant is a merchant, a legal entity under public law, or a public-law special fund (öffentlich rechtliches Sondervermögen). As an exception to the above, med con team is entitled to pursue legal action against the Participant at his ordinary court of jurisdiction.
A merchant is any businessperson recorded in the commercial register, or one who runs a commercial enterprise and necessitates a commercially organized business establishment. The Participant’s exclusive place of jurisdiction is abroad when his registered place of business is abroad.
(2) Reutlingen is the exclusive place of jurisdiction for all disputes from and/or in connection with the Participant Agreement, insofar as the Participantís regular residence is outside the EU. Independent of this, med con team is also entitled to pursue legal action against the Participant at his ordinary court of jurisdiction.
The Participant has his regular residence outside the EU when his place of residence or registered place of business is outside the EU.
(3) Should a provision of this General Terms and Conditions of the Emergency Call Services Participant Agreement or the underlying Participant Agreement or a provision within the framework of other agreements be or become invalid, the validity of all other provisions or agreements remains unaffected.
(4) The contractual and other legal relationships between med con team and the Participant shall be governed by substantive German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
