General terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE

Effective as of January 17, 2025

1- SCOPE

VIVAGO SAS (hereinafter referred to as "VIVAGO") offers its Clients (hereinafter collectively referred to as the "Members" or individually as the "Member") medical concierge services under a contractual agreement known as the "Subscription," the features of which are defined in Article IV of these Terms and Conditions. In this context, VIVAGO acts as an intermediary, connecting its Members with partner suppliers or service providers (hereinafter the "Partners").

These General Terms and Conditions of Sale and Use, which define the rights and obligations of VIVAGO and its Members, apply to all Subscriptions.

In accordance with applicable regulations, these General Terms and Conditions of Sale and Use are systematically provided to each Member upon registration, upon simple request at any time, or whenever they are amended.

2- SERVICES INCLUDED IN THE SUBSCRIPTION

VIVAGO offers a subscription plan strictly reserved for individuals. The Subscription grants unlimited access for one year from its effective date to VIVAGO's medical concierge services, available 5 days a week, Monday through Friday, from 9:00 a.m. to 7:00 p.m., excluding public holidays.

The services included in the Subscription are as follows:

Assistance with visa applications for medical stays in one of VIVAGO's designated medical destinations;
Flight ticket booking;
Accommodation booking in the country of care;
Arrival assistance upon entering the host country;
Organization of transportation from the airport to the accommodation or directly to the Partner Facility;
Scheduling of specialized medical consultations;
Scheduling of health check-ups and preventive care;
Coordination of hospital admissions in partner healthcare facilities;
Arrangement of appointments for second medical opinions based on the Member's file.

It should be noted that visa issuance is the sole responsibility of the consulates of the respective countries, in accordance with the laws in force in those countries. VIVAGO's role is strictly limited to assisting clients in preparing their visa applications, particularly by providing a list of required documents, including but not limited to:

Proof of prepayment for medical cost estimates;
An appointment letter issued by the Partner Facility;
A proof of accommodation booking, if applicable.

The "Vivago" offer is based on a 12 (twelve) month commitment and is billed at €300 including VAT.

VIVAGO reserves the right to revise the above pricing periodically, subject to prior notification to its Members. In such cases, Members will receive email notification three (3) months before the new pricing takes effect.

The Subscription must be paid in full at the time of registration and annually on the anniversary date thereafter. Upon effective receipt of payment, VIVAGO will inform the Member by email of the activation of their Subscription.

The Subscription grants access to VIVAGO's services but does not represent full compensation for them.

The Member is informed that VIVAGO is also remunerated through commissions as a business introducer to its Partners, and the Member shall have no claim whatsoever to any share of these commissions.

However, whenever possible, the Member shall benefit from all advantages negotiated by VIVAGO with its Partners and exclusively reserved for Members, such as easier access to specialist consultations, personalized support during medical care in hospitals, discounts on health check-up rates, hotel upgrades, personalized airport reception, and more.

3- CONDITIONS OF ACCESS TO SERVICES

The medical concierge services provided by VIVAGO are strictly reserved for the Member.

The Member must be at least eighteen (18) years of age and have the legal capacity to enter into contracts in order to accept these General Terms and Conditions of Sale and Use.

Any registration, request, or order made—directly or indirectly—through any means (phone, mail, email, SMS, instant messaging services such as WhatsApp or Telegram, etc.) with VIVAGO teams implies the unconditional acceptance of these General Terms and Conditions of Sale and Use, which take precedence over all other terms and conditions, unless expressly agreed otherwise by VIVAGO.

The phone number(s) provided at the time of Subscription to a VIVAGO service are deemed to belong to the Member or to an individual authorized by the Member—either during registration or through a subsequent written authorization.

By exception, if the Member submits a request using a different phone number from the one originally provided, and VIVAGO processes this request, then that number will also be considered to belong to the Member and will be legally binding as such. Similarly, the email address(es) provided during Subscription serve to authenticate the identity of the user as the subscribing Member.

Consequently, the phone number(s) and email address(es) provided to VIVAGO under the terms outlined in this article, from which requests, orders, and confirmations are issued, are deemed to authenticate the identity of their holder and user, regardless of the communication channel used (telephone calls, SMS, instant messaging, etc.), and cannot be contested by the Member—except in the case of loss or theft, under the conditions set forth below.

The Member agrees to notify VIVAGO without delay in the event of the loss or theft of the mobile phone associated with the number(s) provided during Subscription. This notification must be accompanied by an official report of loss or theft filed with the competent authorities. Similarly, any hacking of the Member's email account(s) must be reported to VIVAGO without delay.

Each Member is responsible for their Subscription, which is strictly personal, and must take all necessary measures to prevent its use by anyone other than themselves.

By exception, at the time of Subscription or by subsequent written authorization, the Member may expressly authorize a third party to use their Subscription on their behalf, subject to VIVAGO's acceptance of this designated representative.

The benefits of any order placed with VIVAGO are reserved for the Member and may not be transferred to a third party without the prior and express consent of VIVAGO and, where applicable, the Partner.

4 - SUBSCRIPTION PROCEDURE

Subscription requests are subject to prior approval by VIVAGO, which reserves the right to reject a request for valid reasons under Article L122-1 of the French Consumer Code.

VIVAGO undertakes to notify the Member of acceptance within 48 business hours of receiving the request.

Members agree to provide accurate information at registration. Any missing or incorrect data may delay processing, and VIVAGO shall not be held liable for resulting consequences.

Members must promptly inform VIVAGO of any changes to their personal information.

5 - TERMS OF USE OF SERVICES

As soon as their Subscription takes effect, the Member may submit their requests by any means (email, telephone, instant messaging using the phone number(s) provided when subscribing to the Subscription offered by VIVAGO; email(s) using the address(es) provided at the time of subscription; etc.), in accordance with the terms set out in Article 3 of these Terms and Conditions.

Requests submitted by the Member will be handled by VIVAGO in its capacity as an intermediary between the Member and the Partners. The services are provided by VIVAGO in the name and on behalf of the Member with the Partners, under a mandate granted by the Member to VIVAGO. This mandate is validated by the Member's acceptance of these General Terms and Conditions of Sale and Use, and applies to all requests made to VIVAGO by the Member and executed in accordance with the framework and conditions set forth herein.

Any service request exceeding €1,000 (one thousand euros) will be subject to a quote submitted to the Member for approval. Any request and any acceptance made by the Member by any electronic means (phone call, SMS, fax, instant messaging such as WhatsApp or Telegram, email, etc.), using the phone number(s) or email address(es) provided when subscribing to one of the Subscription plans offered by VIVAGO, under the conditions specified in Article 3, shall have the same probative value as a written document in paper format within the meaning of Article 1366 of the French Civil Code. Requests submitted to VIVAGO must comply with legal and ethical standards. >VIVAGO reserves the right not to follow up on any request that is illegal or contrary to the law.

Requests involving services or invoices exceeding €1,000 (one thousand euros) will only be definitively taken into account after written or verbal approval by the Member, at VIVAGO's request. The Member therefore expressly agrees that electronic documents (phone call, SMS, fax, instant messaging using the phone number(s) provided during the subscription; emails, etc., as specified in Article 3) may serve as proof of their acceptance, within the meaning of Article 1366 of the French Civil Code. Orders placed with VIVAGO are subject to availability from the Partners. In the event of unavailability of a service, VIVAGO undertakes to make its best efforts to propose an equivalent service. If the Member does not accept the proposed equivalent service, VIVAGO will proceed with the cancellation of the request without the Member being entitled to claim any compensation whatsoever. VIVAGO will communicate with Partners on behalf of the Member. Thanks to their Subscription, the Member has access to a wide range of advantages and benefits negotiated with Partners selected by VIVAGO. However, Partners are free to modify their commercial terms at any time, and VIVAGO cannot be held responsible for any such changes.

6 - PAYMENT:

By providing their credit card information, the Member authorizes the Service Provider to charge their card for the amount corresponding to the previously validated rate. To this end, the Member confirms that they are the holder of the credit card to be charged and that the name on the card is indeed their own. The Member undertakes to take all necessary measures with their bank(s) to add VIVAGO to a list of trusted beneficiaries, as provided for in Article 13 of the European Commission Delegated Regulation (EU) No. 2018/389 of 27 November 2017.

Validation by the Member – or by any person authorized by them – by any means (phone, SMS, fax, instant messaging using the phone number(s) provided at the time of subscription to the Subscription offered by VIVAGO, emails using the address(es) provided upon subscription to one of the plans offered by VIVAGO, etc., under the conditions specified in Article 2.3 herein) of the proposal sent by VIVAGO in response to their request constitutes acceptance of the debit on the Member's payment card for the amount of the order. The Member must ensure that their payment card details are accurate and that they have sufficient funds in their bank account to pay for the ordered services and/or products. In the event that the charge cannot be processed, the sale shall be automatically and immediately canceled, and the order annulled. Once the order is validated, the Member agrees to pay for the services and/or products ordered upon receipt of the corresponding invoice. In the event of late payment, VIVAGO cannot be held responsible for any changes in availability or pricing of the ordered products and/or services. In case of late payment, penalties may be applied, either by VIVAGO at an annual rate of 12%, calculated on a monthly basis, or by the relevant Partner in accordance with their own general terms and conditions of sale and use. If the Subscription and/or any other invoice is not paid by the agreed deadlines, VIVAGO is entitled to send the Member a formal notice to pay within 8 days from the first presentation of the registered letter with acknowledgment of receipt. If, despite this formal notice, the Member fails to pay their Subscription and/or invoice, VIVAGO may then terminate the Subscription without further notice. This termination shall not entitle the Member to any refund or compensation of any kind. The Member's access to VIVAGO services will be suspended on the 9th day following the formal notice if payment has not been made. Consequently, the Member will no longer have access to VIVAGO services until full payment of their Subscription. Unpaid invoices remain fully due, and VIVAGO reserves the right to take legal action to recover the amounts owed. A penalty of 15% of the outstanding amount may be applied, in addition to legal interest and any applicable court costs. If the services related to a Subscription are not used, no refund for that Subscription may be requested.

7 - SPECIAL SERVICES:

At the Member's request, VIVAGO may make purchases on their behalf. In such cases, errand and delivery fees will apply. The Member is responsible for verifying the date and time of their medical appointment, as the Partner may change them without prior notice. VIVAGO can in no way be held responsible for the cancellation or rescheduling of a medical appointment. In the event of cancellation or rescheduling by the Partner, regardless of the circumstances, VIVAGO may only be liable for reimbursement of the face value of the medical service, subject to obtaining a refund from the Partner. Taxis/Private Drivers: If the Member is absent from the scheduled appointment at the time of the booking, or more generally if the taxi or private driver does not complete the ride due to the Member's fault ("no-show"), the Member will be liable for the cost of the ride, unless VIVAGO obtains a more favorable arrangement with the Partner.

8 - VIVAGO'S OBLIGATIONS

VIVAGO undertakes to respond to the Member's requests—whatever their nature—as promptly as possible, and to provide guidance related to those requests.

VIVAGO acts as an intermediary and represents the Member in dealings with the Partners. By the very nature of its activity, VIVAGO is bound by an obligation of means and not of results.

9 - CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION

The data collected at the time of registration—such as name, surname, address, phone number, email address, and banking details—are stored with the Member's consent and will be processed in accordance with the provisions of this article and applicable data protection laws. VIVAGO is committed to strictly respecting the trust placed in it by its Members and to ensuring the utmost confidentiality of all information, data, and details to which it has access in the course of fulfilling its mandate. In line with its ethical and professional standards, VIVAGO protects the personal information that Members may provide as part of their Subscription. In accordance with legal obligations and in compliance with the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL), VIVAGO stores this information under the legal conditions in force.

Personal data collected will be retained for as long as necessary, up to the end of the duration of the Subscription subscribed by the Member, unless a longer retention period is required by regulatory provisions or the Member has exercised one of the rights granted to them under the legislation. In any case, the Member's personal data will not be kept for more than three (3) months after the end date of the most recent Subscription taken out by the Member. Access to Members' personal data is strictly limited to VIVAGO personnel who are authorized to process it due to their role. Personal data will only be used for the purposes for which the Members provided it. The use of this personal information is strictly limited to internal purposes (order management, delivery, invoicing, creditworthiness monitoring, as well as internal marketing studies and personalized advertising). VIVAGO commits not to sell, rent, transfer, or give access to third parties to these data without the prior consent of the Member, unless compelled to do so for a legitimate reason based on legal or judicial obligations (legal duty, fraud prevention, defense rights, etc.). However, the Member authorizes VIVAGO to share their personal information with VIVAGO's Partners when necessary for order management, invoicing, creditworthiness monitoring, internal marketing studies, and personalized advertising. Should the Member exercise their rights to access, rectify, erase, restrict, port, or object to the processing of their data for legitimate reasons, the relevant Partners will be notified. In accordance with Article 27 of the amended French Data Protection Act No. 78-17 of January 6, 1978, and with European Regulation No. 2016/679/EU of April 27, 2016 (GDPR), Members have the right to access, rectify, delete, restrict, and port their data, as well as to object to its processing for legitimate reasons. These rights may be exercised by the Members, upon proof of identity, using one of the following methods:

by writing to the following address: 10, rue de la Bourse, 75002 PARIS, France
by email: dpo@vivago.biz.

For any additional information or to file a complaint, Members may contact the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés – CNIL).

10 - DURATION

The Subscription is valid for a period of twelve (12) months and is automatically renewed on each anniversary date for an additional twelve-month period, until the Member decides to terminate the Subscription. The Member hereby agrees that, in the event of tacit renewal, the renewal will take place under the terms and conditions in effect on the expiration date of the current contract, unless special offers apply. By accepting the automatic renewal of their Subscription, the Member authorizes VIVAGO to debit the amount of the new Subscription from their account.

11 - WITHDRAWAL, CANCELLATION, SUSPENSION

In accordance with the provisions of the French Consumer Code, the Member has a period of fourteen (14) full days to exercise their right of withdrawal with VIVAGO, starting from the day after the Member receives confirmation from VIVAGO that their Subscription has taken effect. If the fourteen (14)-day period ends on a Saturday, Sunday, or public holiday, it is extended to the next working day. The right of withdrawal does not need to be justified and does not incur any charges. The exercise of this right will result in a refund of the Subscription already paid by the Member. VIVAGO may cancel or suspend a Subscription at its sole discretion, without prior notice, if the Member breaches one or more of the present terms and conditions, misuses or fraudulently uses the Subscription, or behaves in a way that is detrimental to VIVAGO's interests, such as falsifying information provided to VIVAGO or its Partners. In such cases, VIVAGO reserves the right to reimburse or not reimburse the Member for the unused portion of the Subscription on a pro rata basis. No compensation may be claimed by the Member.

12 - TERMINATION:

Each party may terminate the Subscription, effective on the anniversary date, by registered letter with acknowledgment of receipt, subject to a notice period of thirty (30) days. However, if the Member terminates the Subscription under these conditions after the service organization has already begun, it is expressly agreed between the parties that the Member accepts to pay for the service. Either party may also terminate the Contract by operation of law if the other party fails to fulfill its contractual obligations, fifteen (15) days after a formal notice has been sent by registered letter with acknowledgment of receipt to the defaulting party, specifying the breach in question, and if the breach has not been remedied within that period.

13 - DISPUTES AND APPLICABLE LAW

The law applicable to the contractual relationship between VIVAGO and its Members is exclusively French law. In the event of a dispute, the Member and VIVAGO will make every effort to reach an amicable resolution in good faith. Failing such resolution, any dispute concerning the validity, interpretation, or performance of these General Terms and Conditions of Sale and Use shall be submitted to the exclusive jurisdiction of the French courts.

14 - MEMBER ACCEPTANCE

These General Terms and Conditions of Sale and Use are expressly agreed to and accepted by the Member, who declares and acknowledges having full knowledge thereof and, as a result, waives the right to invoke any contradictory document, including their own general terms and conditions of purchase, which shall be unenforceable against the Service Provider, even if the Service Provider has knowledge of them. The invalidity, unenforceability, nullity, illegality, or inapplicability of any provision of these General Terms and Conditions of Sale and Use shall in no way affect the validity of the other provisions. VIVAGO reserves the right to adapt or modify these General Terms and Conditions of Sale and Use at any time. In such cases, Members will be informed with a notice period of three (3) months. VIVAGO offers the option to electronically sign the subscription documents for these General Terms and Conditions of Sale and Use. Electronically signed documents have the same legal value as documents signed on paper.

15 - LIABILITY:

The Member acknowledges and accepts that VIVAGO acts based on the requests as expressed by the Member in their submissions. VIVAGO shall therefore not be held liable for any errors originating in any way from the Member. VIVAGO exercises the utmost care in selecting its Partners. However, it cannot be held responsible for the actions or conduct of any Partner. VIVAGO reserves the right to cancel or refuse orders from any Member with whom there is an ongoing dispute.

As VIVAGO acts solely as an intermediary and is bound by an obligation of means, it shall not be liable, for any reason whatsoever, to pay any compensation of any kind related to services booked on behalf of its Members. Consequently, any claim for compensation or any other complaint regarding a product or service ordered through VIVAGO must be addressed directly to the relevant Partner, who will assess its validity and assume responsibility. However, VIVAGO will provide support and assistance to the Member(s) in their dealings with the Partner.

VIVAGO shall not be held liable for failure to fulfill its obligations in cases of force majeure (disruptions, transport strikes, communication or postal service disruptions, floods, fires, IT failures, etc.) as defined by the French Civil Code and case law. In the event of any claim, the Member must contact the relevant Partner directly. VIVAGO's liability shall in any case be limited to the amount of the Subscription in effect at the time of the dispute. In the event of a breach of these General Terms and Conditions of Sale and Use, the Member may also be held liable.

16 - LEGAL INFORMATION

VIVAGO is a simplified joint-stock company (SAS) with a share capital of €10,000 (ten thousand euros). It is registered with the Paris Trade and Companies Register under SIREN number 937 537 116. As such, it holds Professional and Civil Liability Insurance with GENERALI, located at 2 rue Millet-Will – 75009 Paris, under policy number: AU498179