AGREEMENT
This Agreement is entered into
BETWEEN

Indian Holiday Private Limited (IHPL), a Company incorporated under the Companies Act, 1956 and having its Registered Office at 70, LGF, Barakhamba Lane, World Trade Centre, New Delhi, India, represented by its Authorized Signatory, Ms. Samridhi S. Chodha and hereinafter referred to as "IHPL"; which expression shall unless repugnant to the context mean and include its successors and assigns of the ONE PART;

AND

___________________, S/o or D/o aged about __ years residing at ________________ and hereinafter referred to as "Patient" which expression shall unless repugnant to the context mean and include his / her legal heirs, legal representatives, executors and assigns of the OTHER PART;

WHEREAS

1. IHPL is a well-known Company engaged in the business of running a Web Based Health Care Information Centre and is the referral agent of IMCL/Apollo Group thus referring the inbound tourists interested / willing / desirous of getting economical medical treatment in India for the ailments suffered by them, besides providing web based information duly certified by the Specialists/Doctors from Apollo Hospital to the patients, as per their queries related to ailments suffered by them.

2. IHPL besides being engaged in the above said activity is also in the business of providing services in the fields of ticketing, tour operations, good quality hotel accommodations as well as conveyance to the inbound tourists / foreign visitors.
3. The Patient who is visiting India is desirous of receiving medical treatment during his /her stay in India and for the said purposes, intends to avail the services rendered by IHPL upon terms and conditions stipulated herein below.

NOW THIS AGREEMENT WITNESSES THAT

1. Scope
This Agreement envisages in IHPL answering the web based medical queries raised by the patient and referring such patients intending to get medical treatment at IMCL/Apollo Hospital(s) in India.

2. Period

This Agreement shall commence from ____________ and shall be effective for a period of _____________ months i.e. the period when the patient is on visit to India or till he / she receives treatment in IMCL/ Apollo Hospital (s) with reference from IHPl.

3. Patient Referral and Payment Procedure

(a) IHPL shall assimilate details of the medical history / health details of the patients to be referred for treatment to the said Hospital(s) supported by a report authenticated by the patient's Doctor.

(b) This report / details shall be forwarded by the patient to IHPL at least 10 days prior to his / her arrival in India so that the same can be forwarded to the Hospital so as to enable the hospital to ensure verification of the same by the Doctor in charge of treating the patient and send its observations / comments, if any, to the patient / IHPL within 3 working days of receipt of the report along with the cost estimate for the treatment required by the patient.

(c) The receiving of reports / medical history / health details from the patient in advance is a condition precedent in the cases where the patient has already planned to receive treatment in India, but in Ambulatory cases this is not a condition precedent.

(d) The patient will pay the entire cost of treatment in advance to the Hospital against receipt of the same issued by the Hospital, before the start of the treatment or as and when asked by the Hospital Authorities to deposit.

(e) In all cases, the patient will bear the costs of pre-treatment initial tests, which are mandatory to be carried out before the start of actual treatment, besides the cost of actual treatment.

(f) The patient will be liable to pay the escalated costs (if any) i. e. the difference in the estimated cost and the actual cost of treatment as applicable at the time of undergoing the said treatment.

(g) Further the patient shall pay for the extra-treatment, cross-referrals as desired by him or if so advised by the Doctor in Charge of the specific patient, whose decision shall be final and binding upon the patient.

4. Mandates and Obligations of IHPL.

(a) IHPL shall receive the query regarding ailment suffered by the patient desirous of receiving treatment in India and forward the same to the Specialist Doctor at Apollo hospital for his comments / suggestion coupled with his certificate of authenticity and revert back the same to the patient within 72 hours of the receipt of the said query.

(b) The IHPL shall assimilate from the patient his / her complete medical history / reports / health records coupled with the authentication by the Patient's Doctor preparing the said medical history / report, at least 8 working days prior to the date of arrival of the patient in India, and shall revert to the patient explaining him / her the type of treatment that shall be extended by the said Hospital(s) along with the terms and tariff normally charged by the said Hospital(s) from time to time.

(c) Before transferring the patient to said Hospital(s), IHPL shall get the commitment letter duly signed by the patient favoring IMCL / Apollo Hospital(s), confirming that in the event of cross referral or additional diagnostic or treatment facility availed by the patient, the patient will pay the said Hospital(s) the expenses thereof before leaving the said Hospital in India.

(d) In case the treatment extended to the patient is likely to go beyond the stipulated period of his stay in India, whereby making it necessary to get the extension of visa by the patient, in that event all the initial formalities i.e. filing of application as well as other relevant tasks ancillary to that shall be solely done by and shall be the responsibility of patient. However, IHPL will assist the patient or his / her accompaniments in following the procedures and contacting the concerned Authorities, the costs of which shall be borne by the patient. The patient will pay to IHPL the amount of service charge on account of assistance and other related service rendered.

(e) IHPL shall arrange for the desired quality hotel accommodations, conveyance and other facilities for the patient and his / her accompaniments subject to payment made by the patient or his / her accompaniments against the invoices so raised by IHPL for such services rendered from time to time.

(f) IHPL shall refer the patients to the nearest IMCL / Apollo Hospital (s) within India, in which state the patient is staying in India during his / her visit.

(g) In the cases where patient having medical insurance plans to receive treatment in India during his / her visit, IHPL shall assist the patient in locating the availability of tie-up of IMCL / Apollo Hospital(s) with such insurance company.

5. Obligations and Averments of the Patient.

(a) The Patient shall forward to IHPL his / her reports / medical history papers / complete health details coupled with the certificate of authentication of Doctor preparing / issuing such report / papers, 10 days prior to his / her visit to India.

(b) Before being transported to the Hospitals in India, the patient shall sign the commitment letter favoring IMCL / Apollo Hospital(s), confirming that in the event of cross referral or additional diagnostic or treatment facility availed by the patient, the patient will pay the said Hospital(s) the expenses thereof before leaving the said Hospital in India.

(c) The Patient shall pay the complete estimated cost of treatment in advance to the said Hospital(s) and undertakes further to pay the difference between the estimated cost and actual cost of treatment to the said Hospital(s), if the situation so warrants against the invoice / bill raised by the Hospital.

(d) The Patient undertakes to clear all the pending bills towards cost of treatment carried out in India at the time of discharge from the Hospital.

(e) In the event of patient, after commencement of treatment declining to continue or have the treatment for any reason not due to any fault of the said Hospital(s), the advance payment made by the patient to the hospital for such treatment shall be returned only after adjusting actual expenditure incurred up to the time of stopping the treatment.

(f) The Patient undertakes that he / she and their accompaniment shall abide by all rules and regulations of the said Hospital(s) and also do not infringe any laws of India during the period of treatment.

(g) In the event of the patient availing services from IHPL related to tour management and arranging for the facilities with regard to hotel bookings, stay, conveyance. Ticketing and any other related facilities / services, the patient shall pay an advance amount of 50% of the total cost to IHPL at the time of booking and remaining 50 % at the time of his / her arrival in India against the invoice raised by IHPL towards such services rendered.

6. Charges to IHPL

(a) IHPL shall be entitled to receive from the patient charges related towards the tour management and other facilities relating to hotel bookings, stay, and conveyance. Ticketing and any other related facilities / services.

(b) IHPL is also entitled to receive service charges on account of rendering assistance to the patient or his / her accompaniment in getting extension of visa in the event of extended stay on account of receiving medical treatment.

7. Exclusion of Liability

(a) IHPL or the said Hospital(s) shall not be liable for death of patient despite proper treatment.

(b) Improper response to the treatment by the patient, which would entail sending him back to their hometown.

(c) IHPL or the said Hospital(s) shall not be liable for any complication that may arise during treatment resulting in death, permanent/temporary disablement of the patient for which proper care was taken by the said Hospital(s) Doctors in the normal course.

(d) IHPL shall not be bound by any act or omission, which is done beyond the scope of this Agreement by the Patient or his / her accompaniment.

8.Termination

(a) This Agreement may be terminated at the option of IHPL by giving 7 days written notice to the Patient upon breach of any terms of this Agreement by the Patient or his / her accompaniment.

(b) IHPL and the Patient have the right to terminate the Agreement by giving to the other 7 days written notice without assigning any reason.

10. Relationship / Status

The relationship / status that IHPL and Patient share with each other is only that of referring the patient to IMCL / Apollo Hospital(s) along with their queries, medical history / records / complete health record of the said patient(s) who are desirous of getting treated in India and except this there is no other relation between the parties except the one intended within the parameters of this agreement.

12. Governing Law & Jurisdiction.

Laws of India and all disputes arising out this Agreement subject to jurisdiction of Courts in city of New Delhi, India only therein shall govern this Agreement and the parties.

IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day, month and year herein below written in the presence of: -