TERMS & CONDITIONS
A) WEB SITE TERMS & CONDITIONS
Acceptance of the Terms of Web site Use
Please read the following terms carefully before using Ambulance USA LLC dba Air Medical Transport (“AMT”, “our” or “we”) web site, www.AirMedical.com, as well as any online features, services, or programs offered by AMT (collectively, the “Web site” or “the site”).
By accessing or using the Web Site, you agree to the following terms. You should review these terms regularly as they may change at any time at the sole discretion of AMT. If you access our site at any time, you are deemed to have accepted and agreed to any changes.
LICENSE AND WEB SITE ACCESS.
AMT hereby grants you a personal, non-exclusive, non-transferable, revocable license to access our site. Our site contains software tools and databases that allow you to search for and retrieve information. You may not (1) sell, distribute or commercially exploit such software tools, databases, or the results of any database search performed on this site, (2) use any data mining, robots, or similar gathering and extraction tools, or (3) sell, rent, lease, lend or transfer any services provided on this site.
You may use our services for lawful purposes only. You may not impersonate another person or entity nor use the site in any inconsistent way with any applicable law or regulation. You may not attempt to use or distribute tools designed for compromising security or take action to compromise the security of this site. Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools. You may not “flood” or disrupt our site through any means or process. If we become aware of any violation of these conditions, in addition to our right to terminate your access to the site without further notice or warning at any time, we reserve the right to take any other actions and pursue any other legal rights available to us.
You are responsible for all use of our services and our site, with or without your consent, by yourself and others, which occurs by, through, or in connection with access to our site via your computer or mobile device.
COPYRIGHT, TRADEMARKS & TRADE DRESS.
All content included on the site, the compilation of all content on the site, including text, documents, forms, software, videos, images, sounds, names, logos, trademarks, service marks, and all other materials, and all software used on the site are the property of AMT, its affiliates or its suppliers, and are protected by U. S. and international copyright laws. Furthermore, AMT and other marks so indicated on the site and other AMT graphics, logos, images, page headers and titles, button icons, scripts and trade, and service names are trademarks and trade dress AMT in the U. S. and other countries.
The trademarks, service marks, and logos used and displayed on the Web Site are AMT’s, or its subsidiaries or affiliates’, registered and unregistered trademarks. The name Ambulance USA ® and the brand mark with the EMS Star of Life design consists of a Rod of Asclepius symbol inside a six-pointed star with two stars from top left to bottom right, inside a circle with the word Ambulance USA Medical Transportation are USPTO Federally registered trademarks. They are property of Ambulance USA, LLC dba Air Medical Transport. Other parties’ trademarks and service marks that may be referred to on the Web Site are their respective owners’ property. The information in this site, as well as processes or know-how associated with it, is proprietary.
Except as provided in the “License and Web site Access” section above, and except as expressly authorized or contemplated (such as for files containing Transportation specific plans, quotes, agreements, service, or marketing materials), you may not:
(1) Copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or any manner commercially exploit, any copyright-protected element of the site, including the content or software on the Web site.
(2) Make any use of AMT’s trademarks or trade dress.
(3) Utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, videos, page layout, or form) of AMT; or
(4) Use any metatags or any other “hidden text” utilizing AMT’s name or trademarks.
CONTENT, PRODUCTS, AND SERVICES.
AMT reserves the right to change or discontinue any content and services made available through the site at any time and without any notice to you.
Our site contains or links diverse types of information originating from ourselves or third parties, including outside vendors that provide medical transportation-related information and other transportation services. Although we have made sure our information is accurate and useful, we urge you to consult a physician if you want professional assurance that our information and your interpretation of our data are appropriate to your particular situation.
ASSUMPTION OF RISK AND HOLD HARMLESS.
You assume full risk and responsibility for your use of this site and its information. The air medical transport-related information on the Web site is intended to be a general information resource only. It does not constitute medical advice and is not a substitute for professional medical advice or treatment. You are responsible for seeking professional medical advice if you have any questions about your medical transportation, your health, or a health condition.
You agree to hold Ambulance USA, LLC dba Air Medical Transport and its affiliates harmless from any claims relating to your use of, your reliance upon, or errors or omissions in the information found on this site.
NO WARRANTIES; INDEMNIFICATION
YOU EXPRESSLY AGREE THAT THE WEB SITE USE IS AT YOUR SOLE RISK. THE WEB SITE, THE ONLINE SERVICE, AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. AMT PROVIDES THE WEB SITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS. AMT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE ONLINE SERVICE, THE CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS SHALL BE CORRECTED.
You agree to defend, indemnify and hold AMT and its affiliates, subsidiaries, owners, directors, officers, employees, and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by AMT, directly or indirectly, concerning or arising out of (1) your failure to comply with these Terms; (2) the breach of your obligations under these Terms; or (3) your violation of any third party right, including without limitation any copyright, property, or privacy right.
The Client acknowledges and agrees that AMT service identifies, coordinates, and organizes air medical transportation from its worldwide aircraft network alliance of certified EASA and FAA Part 135 Operators and providers. All logistics services are provided by independent third-party operators. AMT is not an operator. AMT and its affiliates do not guarantee the availability of transportation or logistics services, on-time arrivals or departures thereof, or any other services levels or performance related to the network of independent Contractor transportation or logistics operator providers obtained via the AMT service.
Personal Identifiable Information (PHI) & HIPAA Confidentiality
AMT follows HIPAA regulations with a system customized for EMS and healthcare environments. We include safeguards to protect your PHI, including provider agreements with our transportation Contractors, technical controls, and administrative processes.
To contact you and provide the information, quote, or service requested when you reach us by phone, email, chat, or online through our Web Site. You are asked to provide your contact information and the preferred contact method. If you provide an email address, we may send you communications regarding our services and offers from which you have the option to opt-in or out as you prefer.
To provide service, AMT uses the minimum necessary medical PHI for transport. This information includes the Patient’s name, date of birth, chief medical complaint, medical diagnosis, equipment needed for medical transportation, insurance, travel documentation, origin, and destination locations. Upon providing these details, the Client or patients representative automatically consents AMT and its operators to use this minimal necessary PHI and medical information for medical transportation, coordination, payment, insurance, healthcare, and flight operations.
AMT does not divulge to any unauthorized entity without the prior written consent of the other party, except for the requested coordination of medical transportation, access required by law, regulation, and third-party reimbursement Agreements. All information obtained about patients, their records, or computerized data is held in confidence following all state and federal HIPAA laws for Protected Health information concerning medical records and electronic media.
LIMITATION OF LIABILITY
IN NO EVENT WILL AMT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE. IN STATES OR JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AMT’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Waiver and Severability
B) GENERAL TRANSPORTATION TERMS & CONDITIONS
The following are the general transportation terms and conditions for most medical transport types. Each type of transport has its specific terms and conditions, which differ for domestic and international transportation based on many variants. These variants include but are not limited to their unique complexity, type of transport, aircraft, flight team, logistics, duration, origin, and destination. Before each transport, always refer to the transportation Contract you receive in writing for your specific type of booking request.
Ambulance USA LLC d/b/a Air Medical Transport (“AMT“) is a Patient Transportation Managed Organization that provides medical transportation arrangement services. AMT participates in identifying, organizing, and coordinating air medical transportation as per the requirements and stipulations of the respective Client.
For value received, AMT agrees to arrange transportation for the Client. You (“the Client“), undersign on the specific Contract for transport, upon signature, are activating your specific “Trip“, accepting the terms & conditions of the particular Contract, accepting financial responsibility for all monies due and owed under the specific Contract including all services provided, and agreeing to be held fully responsible for all payments of monies owed.
You authorize AMT to charge your credit card or bank draft for the total price stated on the specific transportation Contract. You agree not to dispute those charges with AMT or your financial institutions. If AMT does not receive the total monies due or owed via the method and due dates described above, AMT reserves the right to convert the credit card authorizations listed above to charges for the collection of the balance due, including but not limited to cancellation fees or other costs incurred.
Transport Arrangement Authorization & Disclosure of Protective Health Information
By signing your specific transport Contract, you authorize AMT to arrange your transport and consent AMT to the use and disclosure of the patient’s Protected Health Information for treatment, payment, and Health Care Operations set out in HIPAA Regulations.
Quotes, discounts, and fees
All prices reflect a discount for pre-payment and a 4% discount for Wire or ACH. If paying by other methods such as credit card or debit card, a 4% fee will apply. The price is based on the programmed itinerary and anticipated charges. Additional fees may be incurred depending on the day and time of flight. Additional flight time charges and fuel surcharges may be incurred in the event of weather avoidance, holding, and Air Traffic Control routing changes. AMT will make commercially reasonable attempts to adhere to the same quoted items, provided that the booking was approved on the same business day as the quote. AMT does not guarantee it will commit to the original terms of the quote if the booking was approved on a different date from the quote. Due to inclement weather or unforeseen circumstances, the price does not include after-hours airport operation fees, parking fees, aircraft de-icing, special client requests, catering, hangar-related expense delays, or deviations/diversions from the stated itinerary outside of AMT’s control. The Trip may be re-quoted if any part of the programmed itinerary changes. The Client is responsible for paying these possible additional charges within 48 hours of the costs incurred.
Availability of Solutions Provided
All solutions are provided globally as per availability basis at the time of booking; The Trip is subject to the availability of aircraft, flight team, overflight clearances, confirmation that the patient is fit to fly, and weather safety clearances. The locations, type of transport, service, and air ambulance are according to the stipulations and the information requested by the Client at the time of the specific quote and booking request (the “Trip”). You certify that all information you have provided on your booking request is correct and current. In case of any change to the Trip, additional charges may apply. All current medical records are required upon reservation. In case of a change to the patient’s medical condition, a charge for additional items may apply. AMT maintains the right to change, outsource, or subcontract the type of air and ground ambulance used depending on availability. Therefore, we are not responsible for their actions.
The patient, purchaser, Client, patient’s legal guardian, patient’s next of kin and any person(s) accompanying the patient hereby acknowledge and assume the travel risks inherent in air transportation and agree to hold harmless AMT and its agents, medical personnel, medical director, independent Contractors, operators and employees, from any loss or claimed loss caused by delay, flight diversion, or failure of aircraft to depart from or arrive at any point according to any schedule or otherwise for whatever reason including, but not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies, mechanical or technical problems with the aircraft, weather delays, air traffic control delays, or for any damage or injury to persons or personal property caused by weather conditions, acts of God or any other similar or dissimilar causes beyond the control of AMT while boarding, riding or alighting all aircraft, vehicles and conveyances, used during the course of transportation from the point of origin to the final destination. AMT makes no guarantee or warranty for any air or ground medical transportation service results.
Limitation of Liability
AMT, its partners, or affiliates will not be liable for any special, indirect, incidental, consequential, or punitive damages as a result of or in connection with the Client’s use of AMT’s services and any defect or fault resulting from the Client having breached the terms of this agreement. To the maximum extent permitted by applicable law, in no event shall AMT, its partners, or affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in any way related to the use of or inability to use AMT’s services, or otherwise in connection with any provision of this terms, even if AMT, its partners or affiliates have been advised of the possibility of such damages.
Flight Itinerary times & stops
Flight time and stops are estimated and are not guaranteed as they may change based on the specific Trip’s logistics. Some Trips may require stops for crew changes due to duty times. In case of an emergency during flight, the medical team may land and transfer the patient’s care to the closest ER physician. The Client will be liable for any incurred fees. AMT is NOT responsible for factors out of its reasonable control, such as any delays due to weather conditions, flight interruptions, and unexpected mechanical failures. If a Trip is delayed, you are obligated to wait for such a situation to be resolved and continue the travel later. If you decide to cancel, it will be at your cost, and AMT shall apply all cancelation fees accordingly to the specific Trip’s Contract.
Passengers, weights & luggage
For most fixed-wing air ambulance transports, one passenger and one patient at no more than 250 lbs. (113kg) per person are allowed on board. Each passenger may carry one 35 lb. (16 kg) standard carry-on-size luggage [with no more than 45 linear inches (22L x 14W x 9H in) or 113 linear centimeters (55L x 35W x 23H cm)] and one small personal item. Based on the aircraft size and capabilities, the number of companions, weights, and luggage may change and will be specified in each Trip’s Contract.
Based on safety, the patient’s condition, and equipment on board, AMT, its operators, and the aircraft’s captain reserves the right to determine the number of companion passengers, luggage, or loads to be taken on board. The airport handlers and aircraft operators reserve the right to check the passengers and their luggage for security reasons.
For medical escort transports on commercial airlines, the patient’s mobility, medical requirements, and weight will determine the number of medical escort needs per individual transport. The carry-on luggage will be based on the specific airlines’ carry-on restrictions.
Any excess luggage can be shipped to you at an extra cost. Any modification to these terms must be pre-approved and noted in this Contract.
Provision of Information & Documentation
Provision of necessary information and documentation (including but not limited to medical facility details, ground transport details, latest medical report of the patient, travel documents, and identity card) before the commencement of Services is the client’s obligation. AMT and its operators and providers have the right to decline or cancel the Services in the cases that lack information/documentation provided by the client or non-compliance with relevant regulations is observed. In no way will AMT and its operators and providers be kept liable for the losses arising from the client’s acts.
Currency of the Service
Unless otherwise stated on the specific Trip’s Contract, all prices and payments are in American Dollars USD ($) currency.
Assessment of Patient’s Medical Condition
In any case, AMT and its operators reserve the right to decline the flight after clearing the patient’s diagnosis and the latest medical situation. If the patient’s medical condition is too severe at the time of estimated departure or does not correspond with the medical report provided by the client, AMT and its operators reserve the right to refuse the patient’s transportation for the patient’s welfare. In such a case, the full-Service cost will still be charged to the client.
Fixed-wing air ambulance flight at Sea-Level Cabin
If the flight cannot be carried out under normal flying conditions, depending on the patient’s medical needs, a physician or AMT’s operator’s medical team, either before or during the flight, will determine if the patient is fit-to-fly at Sea/low level. Suppose the patient’s medical condition requires transportation at sea/low level. In that case, a specific fee or percentage of the total quotation will be additionally charged and informed to the client. Such changes in Services will be stated in the patient’s medical transportation report and reported to the client if there are any.
If your specific booking is requested with bed-to-bed transportation, ground transportation is included up to $500 per leg. If such price exceeds $500, the Client is responsible for the balance. AMT will attempt to bill for reimbursement of the ground ambulance from your insurance provider. Any claims paid for ground transportation are non-refundable.
If the flight booking is canceled for any reason by anyone other than AMT, a partial refund may be given within the sole discretion of AMT; Please refer to the specific transport Contract you receive for your booking request. Each Trip may have different cancelation clauses depending on its complexity, type of transport, duration, origin, and destination. Refunds exclude credit card & bank fees. Canceling the transport after departure or failure to provide oral and written cancellation notice will result in NO REFUND.
Unpaid invoices or balances
Should any amount remain unpaid over thirty (30) days, AMT reserves the right to bill the Specific Contract at the usual and customary rate which will be indicated in the particular Contract for transport, plus any attorney fees, collection fees, and interest to the maximum permissible set by law at the expense of the Client.
Binding Effect: All rights, obligations, and liabilities arising under each Specific Transport Contract shall be binding on the respective agents, heirs, executors, administrators, and successors of the specified parties.
Entire Contract: Hereby is the entire General Website Contract between the two parties. In case of conflict, your Specific Trip´s Contract signed and agreed by you or the Client supersedes any general non-specific transport agreements.
Litigation: In the event of any dispute or litigation arising out of or relating to your specific Contract, each party shall pay its own costs and attorneys’ fees.
Modification: Any modification or amendment to your Specific Transport Contract must be written and signed by all parties. Any special requirement or particular medical condition must be specified in your Particular Contract before your Trip. Failure to do so will release AMT from any liability.
Severability: If any provision of your Specific Transport Contract should be declared by a court of competent jurisdiction to be in violation of any applicable law or any law enacted subsequent to the date hereof, then the provision shall be severed from your Specific Contract and shall not be deemed to invalidate any other part hereof.
Applicable Law, Dispute Resolution, Jurisdiction, and Venue: Any action arising out of your Specific Transport Contract shall be governed, interpreted, and construed under the laws of the State of Texas without regard to principles of conflict of laws. Before initiating any legal action or dispute against AMT, the Client agrees to contact AMT and allow AMT an opportunity to resolve a dispute. Should AMT take steps to resolve such dispute or action, the Client agrees to engage in good faith negotiation towards a resolution. If good faith negotiation fails, the parties will resort to mediation in Fort Bend County, Texas, USA. If mediation fails, the unresolved disputes must be submitted to binding arbitration in Fort Bend County, Texas, USA, following the American Arbitration Association commercial rules, with the parties equally sharing the cost of any mediator or arbitrator. All the parties hereto consent to jurisdiction and venue in said forum.