The following terms, conditions and exclusions shall govern the provision of assistance, in terms of the agreement entered into between Trauma Link (Pty) Ltd trading as Netcare 911, and the Automobile Association of South Africa, “AA”, and these terms and conditions shall be read with and deemed to be incorporated in the agreement, which shall apply here to mutatis mutandis.
Definitions and Interpretation
- "The AA" shall mean the Automobile Association of South Africa;
- "Subscriber/s" shall mean any person or persons, entitled to receive assistance in terms of the AA Mayday standard conditions;
- "AA Mayday" is a Medical Emergency Rescue Product consisting of a 24-hour Call Contact Centre, a Telephonic Medical Advisory Service and an Emergency Medical Intervention Service as set out more fully in this contract;
- "AA Fleetcare Customer" and/or "AA Fleetcare Plus Customer" and/or "AA Impact Customer" shall bear the same meaning as "AA Member" and/or "AA Plus Member" save that it shall be extended to include any other passengers suffering bodily injury arising as a direct result of a motor vehicle accident whilst such passenger is in a vehicle being driven by an AA Fleetcare / AA Fleetcare Plus / AA Impact Customer;
- "AA Member Beneficiary" shall mean any natural person who is entitled to receive assistance in terms of any agreement entered into between the AA and/or any of its subsidiaries and a third party;
- "AA Mayday Beneficiary" shall mean any AA Fleetcare Customer and/or AA Fleetcare Plus Customer and/or AA Impact Customer, any AA Member and/or AA Plus Member and any AA Mayday Beneficiary;
- "AA Member / AA Plus Member" shall mean any natural person resident in the territory to whom a card has been issued by the AA, which card shall certify that such natural person including such natural person's spouse and minor children are entitled to receive assistance;
- "Acute illness" shall mean the onset of any acute unforeseeable illness which qualifies for assistance;
- "Assistance" shall mean the services described in the standard conditions, which service Trauma Link will provide to any AA Mayday Member;
- "Bodily injury" shall mean any unforeseeable bodily injury arising accidentally and violently and which qualifies for the assistance;
- "Medical emergency" shall mean any fortuitous incident resulting in bodily injury or acute illness and same causing a subscriber/s to be confronted with real possibility of death or serious bodily harm or deterioration of his/her health;
- "Minor children" shall mean an AA Member / AA Plus Member's minor children who are under the age of 26 (twenty six) years on the date that an acute illness or bodily injury occurs;
- "The territory" shall mean:
- o the Republic of South Africa as constituted on 30 April 1994, and the Kingdoms of Swaziland and Lesotho;
- o in respect of an AA Mayday Beneficiary, the territory as defined in terms of any agreement entered into between the AA and/or any of its subsidiaries and a third party. This must also be agreed between the AA and Trauma Link;
- "AA Mayday 24-hour Call Contact Centre" shall mean an Emergency Medical Call Centre staffed by qualified personnel with the capability to render professional emergency medical assistance.
Nature of the Assistance
The following assistance shall, where appropriate, be rendered and/or provided by AA Mayday within the territory:
Remote Medical Advice
Should the AA Mayday Member require medical advice or assistance, he or his representative may contact the AA Mayday 24-hour Call Contact Centre where AA Mayday will advise the AA Mayday Member on the procedures he should follow depending upon the description of the problem provided to AA Mayday. Such advice will be within the scope and ambit of the definition of assistance as recorded herein.
As remote conversation does not necessarily permit an accurate diagnosis, this service may be of limited application.
Trauma Link will provide the AA Mayday Member (or caller on his/her behalf) with advice and information regarding any emergency medical condition by telephone so that emergency assistance can immediately be provided to a person suffering illness or injury until a medical team (as per clause below 'Emergency Medical Assistance Involving Evacuation or Relocation') arrives at the scene. The advice and information shall be regarded as such and not as an accurate or definitive diagnosis of any condition any person might suffer.
Emergency Medical Referral
AA Mayday will, upon request, refer the AA Mayday Member to an available doctor, dentist, clinic, hospital or pharmacist for emergency treatment or medicine, as the case be.
Drug, Generic Medicine, Poisions and Hazardous Chemical Information
AA Mayday will, upon request, provide medicine information and will advise the AA Mayday Member of any generic equivalent medication available. Information on poisons and hazardous chemicals will also be provided.
Emergency Medical Assistance Involving Evacuation or Relocation
Utilising its fleet of air or road mobile intensive care ambulances and rapid medical intervention vehicles (manned by doctors, nurses and paramedics) immediate response is undertaken to the AA Mayday Member within the territory, where appropriate advanced life saving resuscitation will be provided to the AA Mayday Member and where relevant, the AA Mayday Member will be stabilised before transfer is provided to the closest appropriate medical facility.
- In the event of a medical emergency occurring the AA Mayday Member must contact the AA Mayday 24-hour Call Contact Centre. AA Mayday will initiate whatever medical action it deems appropriate in the circumstances. The costs occasioned by such medical intervention and as may be charged by third parties, at the instance of AA Mayday, shall be for the account of the AA. If AA Mayday decides that the AA Mayday Member can be treated at the place of the medical emergency, then AA Mayday may appoint a doctor to do so. In circumstances where AA Mayday in its sole discretion deems the local facilities to be inadequate, AA Mayday will, for the reasons and on the grounds referred to in clause below 'Should AA Mayday consider the local medical services to be inadequate', arrange, monitor, supervise, and pay for the services referred to herein. However, any decision relating to the evacuation of the AA Mayday Member, will remain that of AA Mayday.
- Should an AA Mayday Member suffer a medical emergency and should AA Mayday consider the local medical services to be inadequate or should the attending doctor recommend hospitalisation of a kind not available locally, then AA Mayday will, in its discretion arrange, monitor and supervise the following services during a period of 72 (seventy two) hours from the time of the initial report to AA Mayday or from the time of the occurrence of the medical emergency, whichever is the earlier -
o the transfer of the AA Mayday Member to one of the nearest hospitals; or
o the transfer of the AA Mayday Member, with or without medical supervision, by the means considered by AA Mayday to be suitable (including air ambulance, chartered or commercial flight, or road transport), to a hospital more appropriately equipped for the particular medical emergency; or
o the relocation of the AA Mayday Member, including road ambulance transfers , to and from the airport with necessary medical supervision to an appropriate hospital or other health care facility near the permanent residence of the AA Mayday Member, if his medical condition permits such relocation. AA Mayday and the attending doctor will determine the necessary arrangements under the circumstances. The AA Mayday 24-hour Call Contact Centre will have full and exclusive right to make all decisions and/or take actions with due consideration of the medical evidence and what they deem to be in the best interest of any person requiring or calling for assistance as per the agreement. The timing and mode of such transportation shall be at the sole discretion of a medical practitioner appointed by Trauma Link.
Guaranteed Admission to Medical Institution
If circumstances so require, AA Mayday will guarantee payment in an amount not exceeding R5 000.00 (five thousand rand) to the medical institution in respect of medical expenses authorised by it and provided to the AA Mayday Member within the first period of 72 (seventy two) hours from the time of the initial report to AA Mayday or from the time of the medical emergency whichever be the later. In the event of AA Mayday being called upon to make payment in terms of such guarantee, Trauma Link shall be entitled to recover the amount in question from the AA Mayday Member and/or Medical Aid and/or Deceased Estate.
Relocation After Treatment
After the discharge of the AA Mayday Member from the local hospital where the AA Mayday Member may have been admitted or transferred, as provided for in clause 'Nature of the Assistance' hereof, AA Mayday will arrange and pay for the return of the AA Mayday Member to his permanent primary residence provided that he is medically unfit to travel on his own. AA Mayday in its sole discretion will determine whether the AA Mayday Member is medically unfit and the mode of transportation to be utilised for such relocation. AA Mayday shall have no obligation in terms hereof if the required transport facilities are covered or provided under and in terms of AA Mayday Member's original travel arrangements (e.g by the AA Mayday Member holding a travel ticket) or if the AA Mayday Member is able to travel in his own vehicle or in a substitute vehicle.
Emergency Dispatch of Medicines
In cases of medical emergency and if any essential medicines are not locally available but are available to AA Mayday, then AA Mayday will dispatch them. The cost of the medicine shall be the responsibility of the AA Mayday Member who shall make payment to AA Mayday of the cost thereof on receipt of an account therefore.
Liaison with Next of Kin
AA Mayday will, on a regular basis, keep the AA Mayday Member and/or members of the AA Mayday Member’s family informed of the AA Mayday Member’s condition and the type of and nature of the assistance rendered.
Return of Mortal Remains or Local Burial
Upon the death of an AA Mayday Member resulting from a medical emergency, of which AA Mayday has been notified timeously as specified in clause ‘Exclusions’ hereof, AA Mayday will make all the necessary arrangements, including local official formalities, and will take the necessary steps to return the AA Mayday Member’s mortal remains to the AA Member’s normal place of permanent primary residence. AA Mayday will pay for:
• the return of the AA Mayday Member’s body or ashes to any specified place of burial within the territory; or
• at the request of the AA Mayday Member’s heirs or representative, the cost of the local burial of the AA Mayday Member, provided that AA Mayday’s financial responsibility for such local burial shall be limited to the equivalent of the costs of return of the mortal remains as provide for above.
Safe Conduct for Standard Minors
For minors in the company of the AA Mayday Member at the time of the accident or illness while travelling, who are left unattended, AA Mayday undertakes to provide responsible traveling companions to see them home or to any other place of safety as might be indicated within the territory.
Rape Crisis Telephonic Advice and Referral
An advisory and referral service to suitable medical services in the event of rape.
Medical Travel Advice
Provides travellers with free comprehensive medical travel advice. Travel Centres countrywide also offer specialised pre- and post-travel treatment, vaccinations and associated travel products, the cost of which is for the AA Mayday Member’s own account.
Duties of the AA Mayday Member
The provision of assistance in terms hereof is governed by the following:
An AA Mayday Member in need of assistance, shall immediately contact the AA Mayday 24-hour Call Contact Centre unless the exigencies of the situation in the event of a medical emergency, being a real threat to life, are such as to require prior action to be taken in which event an AA Mayday Member shall contact the AA Mayday 24-hour Call Contact Centre as soon as possible and in any event within 72 (seventy two) hours of the medical emergency and shall furnish AA Mayday with:
• his name and address and information contained on the AA card;
• the name, place and telephone number where AA Mayday can reach the AA Mayday Member and/or the representative of the AA Mayday Member;
• a brief description of the medical emergency and the nature of the assistance required.
Immediate Medical Action
Notwithstanding anything to the contrary herein contained, where there is a real threat to life, the AA Mayday Member or his representative must endeavour to arrange for the immediate and appropriate medical action and shall thereafter notify the AA Mayday 24-hour Call Contact Centre. In the event of a medical emergency resulting in hospitalisation prior to notice having been given to AA Mayday, the AA Mayday Member or his representative shall contact the AA Mayday 24-hour Call Contact Centre within 72 (seventy two) hours of the medical emergency, failing which AA Mayday shall be entitled to hold the AA Mayday Member responsible for the actual costs and expenses incurred by AA Mayday which would not have been incurred by it had notice been given within the 72 (seventy two) hour period aforementioned.
Procedures for Medical Transfer
Where medical transfer or relocation is sought, the AA Mayday addresses and telephone numbers of the hospital or other medical facility where the AA Mayday Member has been taken, of the attending doctor and, if available, of the AA Mayday Member’s family doctor.
AA Mayday in its discretion will make the decision whether transfer and/or relocation is appropriate in the particular circumstances of the case and where such transfer and/or relocation is considered appropriate, and will choose the dates and means of such transfer and/or relocation.
- AA Mayday shall be under no obligation to provide assistance nor shall AA Mayday be held liable in any way whatsoever in the event of it failing, refusing and/or neglecting to provide assistance to an AA Mayday Member in circumstances where the medical emergency is:
- of such minor nature as can adequately be treated at or near the place where the medical emergency occurred and which medical emergency does not prevent the AA Mayday Member from continuing his journey;
- of such nature that the AA Mayday Member is nonetheless able to return to his normal place of residence as a sitting passenger in any form of transport, without requiring medical escort;
- resulting directly or indirectly from the intentional and/or deliberate act of the AA Mayday Member, such as suicide or any attempt thereat and/or any criminal activity;
- attribute directly or indirectly to war, invasion, acts of foreign armies, armed hostility (regardless of no formal declaration of war), civil war, rebellion, insurrection, terrorism, political riot and civil commotion or while the AA Mayday Member is a member of any security force or group engaging in any of the aforementioned activities. AA Mayday shall nevertheless endeavour to provide assistance whenever it, in its sole discretion, is of the opinion that it is safe to do so;
- arising directly or indirectly as a result of the AA Mayday Member engaging in any sporting or other activity regarded by AA Mayday as being unduly dangerous or as a competitor in any kind of race or competition or sporting activity. Prior to entering or competing or participating therein AA Mayday may, in consultation with the AA, agree in writing to waive this exception;
- directly or indirectly caused by, or arising from or contributed to by nuclear material or by ionising radiation or contamination by radio activity from any nuclear fuel. For the purpose of this exception only, combustion shall include any self-sustaining process of nuclear fisson;
- caused directly or indirectly as result of the AA Mayday Member being under the influence of liquor or drugs, so that in the case of drugs, this exception shall not apply where such drugs have been prescribed by and taken in accordance with the instructions of a qualified medical practitioner;
- after the termination or lapse of the AA Mayday Members’ Membership with the AA;
- if the AA Mayday Member is not entitled to any benefits in terms of the AA rules.
As the assistance provided by this agreement is to be rendered by and on behalf of Trauma Link as an independent contractor to the AA Mayday Member, the AA shall not be liable to the AA Mayday Member for loss or damage of whatsoever nature sustained by the AA Mayday Member as a result of the failure, for whatsoever reason, of Trauma Link to render assistance and/or AA Mayday in terms of this agreement timeously or at all or as a result of the manner in which such assistance may be rendered by or on behalf of Trauma Link and the AA or from any other cause whatsoever, including negligence, omission and willful default.
AA Mayday shall not be liable to the AA Mayday Member for the loss and damage caused or attributed to the negligence (whether gross or otherwise), wrongful acts and/or omissions of any of the doctors, paramedics, nursing staff or other health care professionals or other persons, whether or not being in the employment of Trauma Link, who may provide direct or indirect services to the AA Mayday Member in terms of this agreement.
Neither AA Mayday nor any person required to render assistance hereunder shall have any liability to the AA Mayday Member, his heirs or executors, arising out of the failure to render assistance or any delay in the rendering of such assistance, where such failure or delay is caused by vis major, force majeure, adverse weather conditions, strikes, lockout, labour disputes or unrest, riot or civil commotion and/or the refusal of a governmental/provincial or local authority to grant or allow the use of its services or facilities or where local laws, regulations or functionaries limit the capacity of AA Mayday or any person to render such assistance.
Where the bodily injury or acute illness is attributable to the act or omission of any third party under circumstances entitling the AA Mayday Member to recover damages for such bodily injury or acute illness from such third party, the AA Mayday Member shall be obliged:
- to notify AA Mayday in writing of his intention to take action for the recovery of such damages from such third party identifying the third party to AA Mayday;
- to include in his claim all amounts disbursed by AA Mayday in rendering assistance to the AA Mayday Member in terms of this agreement, the sum total of which amounts shall be provided by AA Mayday to the AA Mayday Member for such purpose;
- forthwith upon recovering such amounts, to pay same over to AA Mayday.
In the event that the AA Mayday Member does not intend to take action to recover damages from any third party, AA Mayday shall be entitled, against the delivery of an appropriate indemnity in respect of legal costs, to require the AA Mayday Member to cede and assign his rights of action against such third party to AA Mayday.
Compliance by the AA Mayday Member with the terms and conditions of this agreement shall be a condition precedent to any entitlement to assistance hereunder.
AA Mayday and the AA shall not be liable in terms of this agreement for consequential loss of any kind.
The AA Mayday Member shall, in the event of a claim arising against AA Mayday pursuant to a medical emergency of which AA Mayday has been properly notified, be obliged to notify AA Mayday of such claim in writing within sixty days of the medical emergency, failing which such claim shall lapse and AA Mayday shall not be liable thereof.
The AA Mayday Member/s shall, in the event of a disclaimer by AA Mayday, be obliged to institute legal action within 90 (ninety) days of such disclaimer, failing which such claims, if any, and the right to bring any action against AA Mayday pursuant thereto, shall prescribe.
Any reference in these terms and conditions to relocation shall mean relocation to an address within the territory, notwithstanding the fact that the AA Mayday Member may normally be resident elsewhere.
When the AA or AA Mayday is entitled in terms of these standard conditions to exercise its discretion, then such discretion shall be exercised in a reasonable manner. In the event of an AA Mayday Member suffering a loss as a result of the exercise of a discretion, then loss will be subject to the provisions of clause ‘AA Mayday shall not be liable to the AA Mayday Member for the loss and damage caused or attributed to the negligence’ and ‘Neither AA Mayday nor any person required to render assistance hereunder shall have any liability to the AA Mayday Member, his heirs or executors, arising out of the failure to render assistance or any delay in the rendering of such assistance’.
The AA Mayday Member shall not be entitled to cede, transfer or assign any of his rights to assistance in terms of these standard conditions.
AA Mayday may, in consultation and by agreement with the AA, amend any of these terms and conditions at which time such amendment shall become effective and binding on the AA Mayday Member. Such amendment shall not constitute a novation of the terms hereof.
These standard terms and conditions contain the entire agreement between the AA Mayday Member and the other parties hereto and neither party shall be bound by any undertakings, representations or warranties not recorded herein.
No indulgence, latitude or extension of time either party (the grantor) may grant or show to the other shall constitute a novation of the terms and conditions of these standard terms and conditions, nor shall it in any way prejudice the grantor or preclude the grantor from exercising any of his rights in the future.
The headings appearing in this agreement have been used for reference purposes only and shall not affect its interpretation.
Unless the context clearly indicates the contrary intention, words importing -
- any one gender shall include the other;
- the singular shall include the plural and vice versa;
- natural persons shall include corporations and vice versa;
- cognate expressions shall be deemed to include their derivatives with corresponding meaning.
- As AA Mayday is a product of the AA, any indemnity, right obligation or liability relating to or in favour of AA Mayday, in accordance with the standard conditions, shall be deemed for all purposes, under the standard conditions to have been made by and given in favour of the AA.
Errors and omissions excepted