1 - Subject matter of the contract
The subject matter of the contract is the placement of medical staff (hereinafter referred to as "doctors" or "ships' doctors") for work on ships of all sizes, oil rigs and other areas of maritime deployment as well as in hotels, holiday clubs and other companies with corresponding requirements. Medical Ship Management finds doctors for their clients (shipping companies, ship owners, other companies and private individuals). These doctors are suitably qualified and their respective qualifications are professionally checked by Medical Ship Management beforehand. Medical Ship Management shall receive remuneration from the client on the basis of this contract for placing a ship's doctor in work.
2 - Medical Ship Management's placement service
Medical Ship Management recruits doctors who are qualified for maritime work and are interested in working as ships' doctors. Medical Ship Management thoroughly assesses doctors with regard to their professional qualifications. Only doctors with suitable professional qualifications are placed.
In order to achieve the best possible selection, the client shall inform Medical Ship Management for which job, time period and area they need a doctor for and shall communicate their other requirements and aspects they regard as important so that these can be taken into account when selecting the ship's doctor. The client shall simultaneously inform Medical Ship Management of the remuneration the ship's doctor can expect.
On this basis Medical Ship Management shall select one or more of the doctors considered who best fulfil the client's requirements and present them to the client. Medical Ship Management shall be available to the client as a point of contact at all times during and after the placement of the ship's doctor.
3 - Conclusion of contract between the client and the ship's doctor
The client and the ship's doctor may freely regulate their contractual relationship. Medical Ship Management is not involved in this contractual relationship. The client shall inform Medical Ship Management when a contract concluded with the doctor placed and send a copy of the concluded contract to Medical Ship Management for information purposes.
4 - Medical Ship Management's specialist service provision
Medical Ship Management provides the client with a specialist service in that it advises them on professional medical aspects during the conclusion of the contract with the ship's doctor and in this context also provides legal advice through suitably qualified persons. Furthermore, Medical Ship Management can undertake the organisational preparation of the ship's doctor for separate fee at the client's request.
5 - Ship's doctor's third-party insurance
The ship's doctor shall take individual responsibility for providing medical care. Medical Ship Management emphasises that the ship's doctor's employment must be insured via professional liability insurance. Medical Ship Management is always prepared to help to acquire the necessary insurance cover for the ship's doctor's activities as required by law. Medical Ship Management itself does not provide any medical services and therefore accepts no liability for the services provided by the ship's doctor.
6 - Medical Ship Management's remuneration
Medical Ship Management shall receive a commission from the client for successfully placing a doctor. The commission shall be determined individually for each placement. Medical Ship Management shall inform the client of the commission that is applicable in the event of successful placement of a ship's doctor at the same time as the respective ship's doctor is recommended. The size of the commission shall be determined taking into account the duration of employment, the ship's doctor's remuneration, the number of passengers and the size of commission typical in the staff placement sector, and can be individually negotiated. Contact between the ship's doctor and the client is established as soon as a conclusive agreement regarding the amount of the commission is agreed.
If the doctor is employed on further occasions after the first placement via Medical Ship Management, Medical Ship Management shall receive a subsequent commission from the client for every further employment, independent of whether Medical Ship Management was directly involved in the conclusion of the subsequent contract(s) between the ship's doctor and the client.
If the ship's doctor's employment period is longer or shorter in subsequent contracts, if remuneration for this period of employment as ship's doctor or the number of passengers is greater or less the commission will be adjusted correspondingly with regard to the respective conditions "duration of subsequent contract / original duration", "remuneration for subsequent contract / original remuneration" and "number of passengers on subsequent contract / original number of passengers" (subsequent commission sum). Medical Ship Management retains the right to simultaneously conclude commission agreements with the ship's doctor. The client is hereby obliged not to pass on ships' doctors Medical Ship Management has found for them to third parties. If the client nevertheless does this, Medical Ship Management shall have a claim to a commission as determined by the calculation of consequent commission claims laid out here. Further services provided by Medical Ship Management (No. 4; Consultation during the conclusion of the contract between Medical Ship Management and the client, organisational preparation of the ship's doctor for employment) will be remunerated on the basis of separate individual agreements.
7 - Ship's doctor's liability
Medical Ship Management is exclusively involved in placing doctors and does not provide any medical services itself. Medical Ship Management accepts responsibility for the selection and inspection of the ship's doctor's qualifications. No further responsibility shall be attributed to Medical Ship Management. Medical Ship Management excludes liability vis-à-vis the client for damages due to simple negligence. This does not apply in the event of loss of life, physical injury, damage to health and other damages that result from an intentional act or gross negligence by a vicarious agent. Medical Ship Management shall not be liable for the ship's doctor's services on the client's premises, as Medical Ship Management is not involved in this contractual relationship and the ship's doctor is themselves responsible for providing their own services, which are also separately insured through corresponding insurance cover. Medical Ship Management therefore cannot be liable for services provided by the ship's doctor.
8 - Ship's doctor's inability to work; cancellation
If a ship's doctor who is already made a binding commitment to work for an client does not appear for an agreed placement, for whatever reasons, Medical Ship Management will make every effort to find the client a short-term substitute. However, we do not guarantee the acquisition of a substitute doctor and shall hereby not accept liability for cancellation on the part of the ship's doctor. In cases where a ship's doctor does not appear for work in spite of a binding acceptance, Medical Ship Management shall assist the client in bringing possible claims for damages.
9 - Data protection
The client declares they agree that the data they provide will be electronically saved and posted on the Medical Ship Management portal (without name, address or other contact details). The data received by Medical Ship Management shall be used for the purpose of placing medical staff and further distributed for the sole purpose of placing third parties (interested doctors). The data shall be deleted upon request by the client.