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 hereto mutatis mutandis.
The following assistance shall, where appropriate, be rendered and/or provided by AA Mayday within the territory:
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
An advisory and referral service to suitable medical services in the event of rape.
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.
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:
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.
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:
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:
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 -
Errors and omissions excepted