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Service Terms and Conditions  

Tropic Air Rescue is an emergency air ambulance provider. Your TROPIC AIR RESCUE membership automatically enrolls you as a member in our membership program. Membership ensures that you will have access to our air medical system and no out-of-pocket flight expenses if flown by our service. The air ambulance costs that are not covered by any insurance, benefits, or third-party responsibility available to you, subject to the following terms and conditions:

  1. Patient transport will be to the closest appropriate medical facility for the medical conditions that are deemed by the TROPIC AIR RESCUE medical command physician and attending medical professionals to be life- or limb-threatening, or that could lead to permanent disability, and which require emergency air ambulance transport. A patient’s medical condition, not membership status, will dictate whether or not air transportation is appropriate and required. Under all circumstances, TROPIC AIR RESCUE retains the sole right and responsibility to determine whether or not a patient is flown. Emergent ground ambulance transport of a member by TROPIC AIR RESCUE, in connection with an emergent air ambulance transport by a Provider, will be covered under these same terms and conditions.
  2. TROPIC AIR RESCUE air ambulance services may not be available when requested due to factors beyond the Provider’s control, such as use of the appropriate aircraft by another patient or other circumstances governed by operational requirements or restrictions including, but not limited to, equipment manufacturer limitations, governmental regulations, maintenance requirements, patient condition, age or size, or weather conditions. FAA restrictions prohibit most TROPIC AIR RESCUE aircraft from flying in inclement weather conditions. The primary determinant of whether to accept a flight is always the safety of the patient and medical flight crews.
  3. Members who have any insurance or other benefits available to them, or third-party responsibility (or liability) claims, that cover in any way the cost of ambulance services are financially liable for the cost of TROPIC AIR RESCUE services up to the limit of any such available coverage or recovery. In return for payment of the membership fee, TROPIC AIR RESCUE will consider its air ambulance costs that are not covered by any insurance, benefits, or other third-party responsibility available to the member to have been fully prepaid. “Insurance” or “benefits” means any and all types of insurance or benefits without any limitation. By way of example only, such “insurance” or “benefits” include medical benefits available under health insurance, automobile insurance, homeowners’ insurance, workers compensation, and government insurance or benefits programs. Further, the terms “insurance” or “benefits” include any insurance or benefits that are owned by a member (or that are written or held in a member’s name), as well as any insurance or benefits owned by someone else (or that are written or held in someone else’s name) that provide coverage, to any extent, for the services provided by TROPIC AIR RESCUE   to a member. “Third-party responsibility” means any amounts that any third-party is required to pay to a member because of or related to the TROPIC AIR RESCUE ’s services rendered to the member.  TROPIC AIR RESCUE reserves the right to seek payment directly from any available insurance, benefits provider, or third party for services rendered to a member (to the same extent it could do so for any non-member patient), and members authorize all available insurers, benefits providers, and responsible third parties to pay any covered amounts directly to the TROPIC AIR RESCUE.
  4. It is the individual members responsibility to have current medical insurance in place at all times during the TROPIC AIR RESCUE membership period.  The member shall be solely responsible for all transport and treatment costs should the personal medical insurance lapse and a transport is required.  
  5. Members agree to remit to the TROPIC AIR RESCUE  any payment received from any insurance, benefit providers, or any third party for any services provided by TROPIC AIR RESCUE , not to exceed the amount charged by TROPIC AIR RESCUE , including (but not limited to) instances in which payment for TROPIC AIR RESCUE ’s services is made via settlement with any insurers, benefit providers, or third parties found responsible for a member’s injury or condition leading to the air medical services provided by TROPIC AIR RESCUE . Remitting such payments are not member out-of-pocket expenses because such payments originated from third parties only because of the air medical services provided to the member. Failure by a member to remit such payments constitutes a material breach of these terms and conditions and authorizes the Provider to seek full payment for its services from the member.
  6. TROPIC AIR RESCUE is NOT an insurance company. Membership is not an insurance policy and cannot be considered as a secondary insurance coverage or a supplement to any insurance coverage. TROPIC AIR RESCUE will NOT be responsible for payment for services provided by another ambulance service.
  7. Membership starts 48 hours after TROPIC AIR RESCUE receives a complete application with full payment; however, the waiting period will be waived for unforeseen events occurring during such time. Members must be natural persons. Memberships are non-refundable and non-transferable.
  8. Some state laws prohibit Medicaid beneficiaries from being offered membership or being accepted into membership programs. By applying, members certify to TROPIC AIR RESCUE that they are not Medicaid beneficiaries.
  9. LIMITATION OF LIABILITY. THE LIABILITY OF TROPIC AIR RESCUE AND THE DAMAGES AVAILABLE TO A MEMBER, FOR BREACH OF THESE TERMS AND CONDITIONS IS LIMITED TO ACTUAL DAMAGES IN AN AMOUNT NOT TO EXCEED (A) ANY AMOUNT ACTUALLY RECEIVED BY TROPIC AIR RESCUE IN VIOLATION OF THESE TERMS AND CONDITIONS AND (B) THE MEMBERSHIP FEE PAID BY THE MEMBER FOR THE APPLICABLE MEMBERSHIP TERM. IN NO EVENT SHALL TROPIC AIR RESCUE BE LIABLE TO A MEMBER UNDER THESE TERMS AND CONDITIONS PURSUANT TO ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE MEMBERSHIP PROGRAM OR THESE TERMS AND CONDITIONS, EVEN IF TROPIC AIR RESCUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MEMBER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS REFLECT AN ALLOCATION OF RISK SET FORTH IN THESE TERMS AND CONDITIONS AND THAT, IN THE ABSENCE OF SUCH LIMITATIONS, THESE TERMS AND CONDITIONS WOULD BE SUBSTANTIALLY DIFFERENT.
  10. Any and all matters arising out of or relating to the TROPIC AIR RESCUE membership program, these terms and conditions, and/or the subject matter hereof shall be governed by, construed, and enforced in accordance with the laws of the United States of America (including without limitation, the Federal Arbitration Act) and, to the extent not preempted by Federal law, the laws of the State of FLORIDA without regard to conflicts or choice of law principles, regardless of the legal theory upon which such matter is asserted. Outside of these terms and conditions, Federal law preempts state and local laws, regulations, and other provisions, including common law duties that relate to rates, routes, or services of an air carrier. To the extent a state or political subdivision thereof makes the incorporation of common law duties or state law in contracts optional, TROPIC AIR RESCUE and you agree that this contract does not incorporate any such common law duties or state laws.
  11. ARBITRATION AGREEMENT. Any controversy or claim arising out of or relating to the TROPIC AIR RESCUE membership program, these terms and conditions, and/or the subject matter hereof shall be resolved by binding arbitration by a single arbitrator pursuant to the Consumer Arbitration Rules of the American Arbitration Association (“Rules”), as modified by these terms and conditions. The place of arbitration will be Fort Lauderdale Florida. The judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHER MEMBERS OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. The arbitrator is not authorized to award attorney’s fees and costs or equitable relief.  In the event the prohibition on class arbitration or any other provision in this arbitration agreement is deemed invalid or unenforceable, then the remaining provisions of these terms and conditions will remain in full force and effect.  In the event of any dispute between the parties, you agree to first contact TROPIC AIR RESCUE and make a good faith effort to resolve the dispute before resorting to arbitration under these terms and conditions.
  12. Maximum Number of Transports. Membership covers up to one separate transports per year per membership (in total for all members covered under one membership); however, if multiple members who are covered under one membership require simultaneous transport, then each such member will be limited to that one transport.
  13. Locations Inaccessible by Fixed Wing Aircraft. Both the originating and receiving hospital must be reasonably accessible by ground ambulance to transport the member to and from an airfield capable of accommodating a TROPIC AIR RESCUE aircraft. The cost associated with transportation from isolated areas or islands to an airport accessible to TROPIC AIR RESCUE aircraft is not included in the membership and will be the responsibility of the member. Membership benefits do include helicopter transportation from remote sites if warranted.
  14. High Risk / Safety Medical Restrictions. In conjunction with FAA, U.S. State Department and other regulatory standards, and TROPIC AIR RESCUE safety standards, a member will not be entitled to air medical transport if the member’s illness or injury is a result of or is contributed to by the following:
    1. suicide or attempted suicide or intentional self-injury; (ii) a member’s own criminal or felonious act; (iii) actions taken while the member is in a state of insanity;(iv) war, invasion, civil war or terrorism; or (v) contagious airborne pathogens. A member suffering from a psychiatric or mental disorder that is not manageable and will not allow safe transport within the confines of the ground ambulance and aircraft may not be transported. 
    2. A member beyond the second trimester of pregnancy may not be transported if the transport request relates to the pregnancy unless the transport is cleared by the on duty tropic air rescue medical director.
  15. Non-Refundable, Non-Transferable. Memberships are non-refundable and non-transferable.

        Any and all matters arising out of or relating to the membership program, these terms and conditions, and/or the subject matter hereof shall be governed          by, construed, and enforced in accordance with the laws of the United States of America (including without limitation, the Federal Arbitration Act) and, to          the extent not preempted by Federal law, the laws of the State of Florida without regard to conflicts or choice of law principles, regardless of the legal                theory upon which such matter is asserted. Outside of these terms and conditions, Federal law preempts state and local laws, regulations, and other                  provisions, including common law duties that relate to rates, routes, or services of an air carrier. To the extent a state or political subdivision thereof                  makes the incorporation of common law duties or state law in contracts optional, TROPIC AIR RESCUE and you agree that this contract does not                        incorporate any such common law duties or state laws.
16. These terms and conditions supersede all previous terms and conditions between a member and TROPIC AIR RESCUE, including any other writings, or              verbal representations, relating to the terms and conditions of membership. These terms and conditions may be modified or amended only in writing                  signed by the President or a Vice President of TROPIC AIR RESCUE, and may not be modified or amended orally, by trade usage or by course of                         conduct or dealing.
17. A membership can only be canceled upon renewal or before it takes effect (48 hours prior). Once the effective date occurs, the membership cannot be             canceled or refunded. Please email info@tropicairrescue.com to submit a cancellation request.

 

* TROPIC AIR RESCUE, AERO MED, SOUTHSTAR, TROPIC AIR and TROPIC OCEAN RESCUE are registered DBA’s of TROPIC AIR CHARTERS Inc.  All TROPIC AIR RESCUE membership benefits and services are offered and provided by TROPIC AIR CHARTERS Inc, an FAA Part 135 operator certificate #T4CA778W. 

 

*TROPIC AIR RESCUE

 These terms and conditions apply to all TROPIC AIR RESCUE membership programs.

California Resident

“A Word from the California Department of Managed Health Care:”

(A) BEFORE YOU PURCHASE: If you are currently enrolled in a health maintenance organization (HMO) or other health insurance, the benefits provided by an Ambulance Plan may duplicate the benefits provided by your HMO or other health insurance. If you have a question regarding whether your HMO or other health insurance offers benefits for ambulance services, you should contact that other company directly.

(B) WARNING: This Ambulance Plan is not an insurance program. It will not compensate or reimburse another ambulance company that provides emergency transportation to you or your family. This may occur when the 911 Emergency System has independently determined that another company could provide more expeditious service or is next in the rotation to receive a call. This might also occur when this Ambulance Plan is unable to perform within a medically appropriate time frame due to a mechanical or maintenance problem or being on another call.

(C) COMPLAINTS: For complaints regarding this Ambulance Plan, or if you have questions regarding the Plan, first attempt to call TROPIC AIR RESCUE at 954-267-0707. If TROPIC AIR RESCUE fails to resolve the complaint to your satisfaction, contact the Department of Managed Health Care at 1-888-466-2219. The Department’s website is http://www.healthhelp.ca.gov. You may obtain complaint forms and instructions online.

(D) OPERATING UNDER CONDITIONAL EXEMPTION: This Air Ambulance Plan is operating pursuant to an exemption from the Knox-Keene Health Care Service Plan Act of 1975 (Health and Safety Code section 1340 ct seq.).