Aviators Air Rescue Pvt. Ltd a company incorporated under the provisions of the Companies Act, 1956, bearing CIN U63013KA2014PTC077588 having its registered office at, 1311 Brigade Towers135 Brigade Road, and Bangalore. Bangalore. - 560025, Karnataka India (hereinafter referred to as "Aviators" which expression shall, unless it be repugnant to the context or meaning thereof, mean and include its successors and permitted assigns for the following:
1.1 Subscriber hereby agrees that upon payment of the subscription fees as per the Subscription application form, the subscriber shall be entitled to the air medical transport and services provided by Aviators for the period for which such subscriber has enrolled for subscription as per the application form. Aviators shall provide Emergency Medical transportation services by using Helicopters / Aircrafts, Ground Ambulances and may provide initial Stabilization to the subscriber and other persons covered under the subscription as per Clauses below. Subscription ensures that the subscriber will avail of these services on a cashless basis for being transported by Air / Road to the nearest appropriate medical facility deemed as necessary by Aviators ("Services").
1.2 The terms and conditions for such Services are as follows:
1.2.1 Subscription shall commence on the date of signing this Agreement, provided
that the full payment for the period of subscription subscribed to by the subscriber as indicated in the subscription form is paid up. It is hereby clarified that the subscription shall not commence until the subscriber has made the full payment of the amount due as per the subscription form hereto to Aviators and the same is credited in the accounts of Aviators.
1.2.2 The Subscriber and the persons covered under such Agreement as per Clause 1.3 below shall be natural persons only.
1.2.3 The subscription is non-refundable and non-transferable.
1.2.4 Transport of the patients will be to the closest appropriate medical facility as determined by Aviators and / or its on-site medical personnel / paramedics. Such transport will also cover secondary transport either by Air or Road or a combination of both, triggered by an emergency condition. The decision of the appropriate transportation mode, either road or air ambulance will be at the sole discretion of Aviators depending on the condition of the patient. However, secondary elective non-emergency transfers will not be part of such transports.
1.2.5 The coverage would be limited to a maximum usage of upto 5 hours of Air
Ambulance with any number of trips and INR 1 Lakh towards local Hospitalization for Initial Stabilization and Road Ambulance.
1.2.6 The medical conditions for which such Services would be required would be solely
1.2.7 A patient’s medical condition will dictate the mode of transportation and choice of nearest appropriate hospital.
1.2.8 Under all circumstances, Aviators or its medical personnel / staff shall retain the sole right and responsibility to determine whether or not a patient is eligible to avail the services at that time.
1.2.9 If the services are not available when requested by the Subscriber due to factors beyond Aviators’ control, such as use of the appropriate aircraft by another patient or other circumstances governed by operational requirements or
restrictions including, but not limited to, equipment manufacturer limitations, governmental regulations, maintenance requirements, weather conditions, Force Majeure, patient condition and safety of the patient etc., Aviators shall not be liable for the non-availability of the Services in such circumstances and the Subscriber agrees that it shall not hold Aviators liable in any manner in this regard. For the purposes of this clause, “Force Majeure” shall mean any destruction, damage, delay or any other matters of that nature whatsoever arising out of war, rebellion, civil commotion, strikes, lock-outs and industrial disputes, fire, explosion, earthquake, act of God, flood, drought, or bad weather or the requisitioning or other act or order by any Government department, council or other constituted body.
1.2.10 The primary determinant of whether to accept a flight is always the overall safety of the flight operations including the patient and medical flight crews.
1.2.11 The Parties also agree that Aviators will be responsible for stabilizing the patient only and not provide any definitive care or undertake diagnostics. Aviators will in no manner be responsible or liable for any deterioration, in case the patient cannot be stabilized.
1.2.12 The terms and conditions stated in this Agreement are subject to change as
decided by Aviators.
1.2.13 A cooling period of 30 days is hereby agreed from the date of the subscription wherein the subscriber will not be able to avail the services.
1.3 Persons covered: The subscription shall cover the subscriber and all the family members listed in the subscription form herein above. Any addition in the household members shall have to be added by paying additional subscription fee. The addition / change in the
subscription whether family or otherwise is not applicable unless formally confirmed by Aviators. The Subscriber will be liable for all payments on behalf of his/her family and all the terms and conditions mentioned herein will equally extend to the family of them Subscriber.
2.1 All payment will be received either through cheque, debit card, credit card or bank transfers as per Aviators Air Rescue’s bank details provided.
2.2 No cash will be accepted either by us or through marketing associates. Aviators Air Rescue will not be responsible for any cash payment made by the subscriber.
2.3 If such subscription is renewed, it is recommended that the Subscriber shall make the payment for the renewal period at least 30 days prior to the date of expiry of the subscription and in no event later than the date of expiry of the subscription, failing which the subscription will automatically lapse on the date of expiry and the subscriber shall not be entitled to the Services until such payment is made and approved in writing by Aviators.
3. TERM & LIMIT ON USAGE
3.1 The Term of this Agreement shall be for a period of 12 months, as chosen by the Subscriber in the Application Form.
The limit of the usage under this agreement will be to a maximum of 5 hours of helicopter / aircraft transport. Additionally, a cover of INR 1 lakh is available towards an usage of upto 500 kilometers of road ambulance and initial stabilization charges.
4. RELEASE OF LIABILITY
4.1 The Subscriber hereby agrees and acknowledges that Aviators shall not be responsible for and shall not be held liable for any liability for the death, disability or personal injury which may hereafter accrue to the Subscriber or the other persons covered under this Agreement as a result (whether direct or indirect) of the performance of the Services by Aviators or its directors, employees, personnel, marketing associates and other representatives , including and especially during the travel to and from the medical facility. The Subscriber hereby expressly releases Aviators and all its directors, employees, personnel, marketing associates and other representatives from any liability arising from the Services and shall not make any claims in this regard against Aviators or its directors, employees, personnel, marketing associates and other representatives, whether caused by the negligence of Aviators or otherwise.
4.2 The Subscriber hereby agrees that there could be a possibility of the helicopter / aircraft / ground ambulances preoccupied attending to another emergency when he / she calls for Medical emergency support and Aviators will attempt to attend to the Subscriber as soon as possible on a best effort basis and the Subscriber hereby expressly releases Aviators and all its directors, employees, personnel, marketing associates and other representatives from any liability arising from the delay in services and shall not make any claims in this regard against Aviators or its directors, employees, personnel, marketing associates and other representatives.
Any notice or other communication required under this Agreement will be in writing and will be (i) given in person, or (ii) sent by telex, facsimile or electronic mail, to the address specified in the beginning of this Agreement. Any notice sent in the manner mentioned herein above shall be deemed to have been received on the day after it has been sent.
6. DISPUTE RESOLUTION
If at any time any dispute, difference of question shall arise between the Parties to this Agreement, the same shall be sought to be settled amicably by the parties. In the event of failing to reach such a settlement, the dispute shall be referred for Mediation by a Mediator accredited by any High Court. In the event of a failure to resolve the same through Mediation, it shall be referred to a sole arbitrator appointed by mutual consent of the Parties. All proceedings shall be subject to Arbitration and Conciliation Act, 1996 and any statutory modification or re-enactments made thereof from time to time. The venue of the Mediation and Arbitration shall be Bangalore and the language of the Arbitration shall be English. The award of the arbitrator shall, subject to applicable laws, be final and binding on the Parties and the award shall be enforceable in any court of law
7. DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the applicable laws of India and the courts in Bangalore, India shall have exclusive jurisdiction over all matters pertaining to this Agreement.
8.1 Entire Agreement & Precedence: This Agreement constitutes the entire agreement between the Parties relative to the subject matter hereof, and supersedes all proposals, written or oral, and all other communications between the parties relating to the subject matter of this Agreement.
8.2 Amendments or Alterations: This Agreement may be modified, amended or rescinded only by a written agreement executed by both Parties.
8.3 Assignment: Parties shall not assign nor otherwise transfer or sell any of its rights under this Agreement without prior written consent of the other Party.
8.4 Relationship: Aviators' relationship with the Subscriber is that of an independent service provider, and nothing in this Agreement will be construed to create a joint partnership, joint venture, agency, or employer-employee relationship.
8.5 Company reserves the rights to accept, reject and cancel subscriptions. In case the subscription application is rejected, the amount would be returned only through a cheque, drawn on a bank in Bangalore, within 10 days from the date of receipt of Application in Bangalore.