AA Emergency Medical Terms & Conditions
By using the services detailed below (the ‘services’), you are agreeing to be bound by these terms and conditions.
‘We’, ‘us’, ‘our’ and like terms refer to the Automobile Association of South Africa NPC (‘AA’) (and where applicable our service providers) and ‘you’, ‘your’ and like terms refer to you, the person receiving services from us.
We may amend any of our terms and conditions at any time. The amended terms and conditions shall take effect from the date they are published on our website. Where there is a need for clarification of our terms and conditions, our reasonable interpretation will be deemed to be final.
All our terms and conditions contain the entire agreement between you and us and we shall not be bound by any undertakings, representations or warranties not recorded in them.
To obtain access to the services you must call the AA on 0861 000 234. You may not call our service provider directly.
The services are only available in South Africa.
We do not guarantee the availability and/or provision of the services.
The services do not include search and rescue services.
By using any of the services you are authorising our service provider (currently Netcare 911) to attempt to recover its costs for providing the services from the Workmen’s Compensation Fund and/or from the medical scheme to which you may belong and/or any other party who has a responsibility and/or an obligation to pay for the services. If our service provider is unable to recover its costs the AA as a non-profit company will pay the costs as a payer of last resort. You agree to provide all the assistance we ask for to enable our service provider to recover its costs from a party other than the AA and irrevocably appoint the AA as your agent in this regard.
Where the Emergency Medical Condition is attributable to the act or omission of any third party under circumstances entitling you to recover damages for such Emergency Medical Condition from such third party or otherwise, you hereby to cede your rights of action against such third party or otherwise to the AA to the extent of the amount paid by the AA for the services.
The AA will not pay any of our service provider’s costs if you do not adhere fully to these terms and conditions and/or you are not entitled to use the services. You will be liable to pay such costs yourself.
LIMITATION OF LIABILITY AND INDEMNITY
To the fullest extent permitted by law neither we nor our service providers will be liable for any loss or damage suffered as a result of any services we or our services providers render, or fail to render.
Without prejudice to any other remedy available to us, you indemnify us and our service providers against any loss or damage suffered by us and/or our service providers as a result of you and/or any person receiving a service from us through you breaching any of our terms and conditions. This benefit may be accepted by our service providers at any time.
The provision of the services is subject to a fair use policy. If we decide, in our absolute discretion, that you are not using the services fairly we reserve the right to cancel your entitlement to the services.
For the purposes of these Emergency Medical Services terms and conditions:
188.8.131.52 “Emergency Medical Condition" – means the sudden and, at the time, unexpected onset of a health condition that requires immediate medical or surgical treatment, where failure to provide medical or surgical treatment would result in serious impairment to bodily functions or serious dysfunction of a bodily organ or part, or would place the person’s life in serious jeopardy;
184.108.40.206 “Medical Officer" – at any point in time, a medical officer of Netcare 911;
220.127.116.11 "Netcare 911" – Netcare Hospitals Proprietary Limited trading as Netcare 911 (registration number: 1996/006591/07), a company registered in accordance with the laws of the RSA;
18.104.22.168 "Nurse Case Manager" – at any point in time, a nurse care manager on duty at the Netcare 911 Call Centre;
22.214.171.124 "Primary Scene" – a scene at which an Emergency Medical Condition occurs, it being agreed that this may include a doctor's rooms but will not include a medical facility;
126.96.36.199 "Principal Medical Officer" – at any point in time, the principal medical officer of Netcare 911;
188.8.131.52 "Responsible Decision Maker" – the person responsible for making decisions in relation to the provision of Services, which shall be one of the Principal Medical Officer, the Medical Officer or a Nurse Case Manager;
1.1 Emergency telephonic assistance via Health-on-Line
Netcare 911 shall provide telephonic emergency medical advice and information (to you or a person calling on your behalf) regarding any Emergency Medical Condition in order that emergency assistance can be provided until a medical team arrives at the Primary Scene of the Emergency Medical Condition. Such telephonic advice and information shall not be regarded as an accurate or definitive diagnosis of any condition and without prejudice to the generality of the disclaimer set out earlier, neither we nor Netcare 911 shall be liable to any person in relation to incorrect diagnosis of an Emergency Medical Condition or in relation to any such advice or information given.
1.2 Emergency response by road or air ambulance to the scene of incident
Netcare 911 shall provide an emergency medical response to you at the Primary Scene of an Emergency Medical Condition and transfer you to the closest appropriate medical facility, as determined below.
1.3 Transfer to the most appropriate medical facility
1.3.1 If an Emergency Medical Condition occurs, Netcare 911 shall transport you from the Primary Scene by road or air to the closest and most appropriate medical facility that can effectively manage your particular condition and provide continuity of care, as determined by our Responsible Decision Maker.
1.3.2 Netcare 911 shall only provide a transfer by air ambulance if it is deemed to be medically justified by our Responsible Decision Maker and meet international protocols.
1.4 Transfer of eligible person for an upgrade of care
1.4.1 If you have been transferred to a medical facility as contemplated above and require specialised care or treatment which cannot be provided by the admitting medical facility, you will be transferred by road or air to the nearest appropriate medical facility where such specialised care or treatment care can be provided.
1.4.2 All arrangements for your transfer must be made through the Netcare 911 Call Centre and must be pre-authorised by our Responsible Decision Maker.
We shall be under no obligation to provide the services where the Emergency Medical Condition is:
- resulting directly or indirectly from an intentional and/or deliberate act, 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 you are a member of any security force or group engaging in any of the aforementioned activities;
- arising directly or indirectly as a result of you engaging in any sporting or other activity regarded by us in our sole discretion as being unduly dangerous or as a competitor in any kind of race or competition or sporting activity;
- directly or indirectly caused by, or arising from or contributed to by nuclear material or by ionizing radiation or contamination by radio activity from any nuclear fuel; and
- caused directly or indirectly as result of you being under the influence of liquor or drugs, unless, in the case of drugs, such drugs have been prescribed by and taken in accordance with the instructions of a qualified medical practitioner.
Should you, despite the provisions of all our terms and conditions, have a claim against us pursuant to an Emergency Medical Condition of which we have been properly notified, you are obliged to notify us of such claim in writing within sixty days of the Emergency Medical Condition arising, failing which such claim shall lapse and we shall not be liable thereof, and you are obliged to institute legal action within 90 (ninety) days of such notice, failing which such claim and the right to bring any action against us pursuant thereto, shall prescribe