Legal

Terms and Conditions of Use

The terms on which Doctor Abbs SL provides the private asynchronous online medical consultation service known as The Holiday Doctor.

Last updated: 31 May 2026

These Terms and Conditions of Use (the “Terms”) govern access to the website theholidaydoctor.com and the contracting of the private asynchronous online medical consultation service provided by Doctor Abbs SL (the “Provider”) under the brand The Holiday Doctor. Use of the website and contracting of the service entail express acceptance of these Terms by the User and, where applicable, the Patient, without prejudice to the rights granted by Spanish consumer-protection legislation.

1. Definitions

For the purposes of these Terms:

Provider or Doctor Abbs SL: the company responsible for the website and the service, identified in the Legal Notice.
Medical Director: Dr Adam Abbs, a doctor registered with the Ilustre Colegio Oficial de Médicos de Madrid (ICOMEM 282889105), sole prescribing physician of the service at launch.
Website: the site theholidaydoctor.com and its subdomains.
Service: the asynchronous online medical consultation service delivered by Doctor Abbs SL under the brand The Holiday Doctor, on the terms described in Section 4.
User: any person who accesses the website without having started a consultation request.
Patient: the natural person who contracts the service by starting a consultation request and, where applicable, receives clinical care from the Medical Director.
Consultation request: the structured initial assessment completed through the form available at /start-a-request, a necessary preliminary step to any clinical decision by the Medical Director.
Prescription: the private electronic medical prescription issued under Real Decreto 1718/2010, through the system homologated by the General Council of Official Medical Colleges (REMPe).

2. Identification of the Provider

Doctor Abbs SL, NIF B42734350, a company entered in the Commercial Registry of Madrid (Tomo 41513, Folio 1, Sección 8, Hoja M-735596), with registered office at Calle Hermosilla 48, 1 Dcha, 28001 Madrid, Spain.

Medical Director and sole prescribing physician of the service: Dr Adam Abbs, registered with the Ilustre Colegio Oficial de Médicos de Madrid (ICOMEM) under number 282889105. Details of applicable professional rules and additional international registrations are set out in the Legal Notice.

Operational contact email: help@theholidaydoctor.com. For formal communications under Article 10.1.a LSSICE and for exercising data-protection rights: privacy@nivelta.es.

3. Subject and acceptance

These Terms govern access to the website theholidaydoctor.com and the conditions under which the Provider delivers the Service to Patients.

Acceptance of the Terms is given expressly when the Patient starts the consultation request at /start-a-request. The Patient declares having read and understood the Terms, the Privacy Policy, the Cookie Policy and the Legal Notice before starting the consultation. The consultation does not progress without express acceptance.

The Provider reserves the right to modify the Terms to reflect regulatory, case-law or operational changes to the Service. Substantive modifications will be communicated to active Patients through the usual communication channel and will be reflected in the “last updated” date of the document.

4. Nature of the Service

The Service is a private asynchronous online medical consultation aimed at adults physically present in Spain who meet the clinical eligibility criteria. The Service is offered for three narrowly-defined branches at launch:

Repeat prescriptions of established medication for chronic conditions on which the Patient is already stable (for example, levothyroxine, sertraline, salbutamol, common antihypertensives, statins).
Repeat prescriptions of the oral contraceptive pill (combined pill or progestogen-only pill) for Patients already on a stable regimen.
One-off repeat prescriptions of insulin for travellers in Spain who have lost or damaged their supply.

The Service also offers consultation for a defined narrow set of minor acute conditions, including urinary tract infections, hay fever, cold sores, fungal skin conditions, insect bites, travellers’ diarrhoea and similar. The current list of conditions covered is published on the website.

The Service comprises:

Clinical assessment of the case by the Medical Director on the basis of the structured consultation request and, where appropriate, supporting documents or photographs provided by the Patient.
The issuing of the private electronic medical prescription under Real Decreto 1718/2010, where the Medical Director determines that prescription is clinically appropriate.
Where the Medical Director declines to prescribe, a clear written explanation and, where possible, signposting to alternative options.

The Service is delivered entirely by electronic means and asynchronously. It does not include in-person consultations, emergency care or continuing medical care outside the scope of the specific consultation. For medical emergencies, the User or Patient must call 112 or attend the nearest hospital emergency service.

Doctor Abbs SL operates as a private individual medical practice and does not constitute a health establishment within the meaning of Real Decreto 1277/2003. The activity is covered by the individual professional practice of the Medical Director as a doctor registered with ICOMEM, in accordance with the legal position set out in Section 3 of the Legal Notice.

5. Requirements for contracting the Service

The Service may be contracted by natural persons who cumulatively meet the following requirements:

Be of legal age and have full legal capacity under Spanish law.
Be physically present in Spain at the time of consultation and able to receive the dispensing of the prescription on Spanish territory.
Accept these Terms, the Privacy Policy, the Cookie Policy and the Legal Notice.
Give explicit consent to the automated contraindication filter under Article 22(2)(c) GDPR described in Section 10 of the Privacy Policy.
Meet the published clinical eligibility criteria.

Compliance with clinical criteria is verified during the consultation request. Compliance with formal criteria (legal age, physical presence in Spain, acceptance of the Terms, consent to the automated filter) is a precondition to starting the consultation.

6. Contracting process and formation of the contract

The process for contracting the Service is as follows:

Start of the consultation request. The User accesses /start-a-request, accepts the Terms and the Privacy Policy, and gives consent to the automated filter under Article 22(2)(c) GDPR.
Completion of the consultation request. The User completes the structured consultation request and, where requested, uploads the corresponding supporting documents or photographs.
Automated absolute-contraindication filter. Pre-defined rules identify absolute contraindications to the medication being requested. If a rule identifies an absolute contraindication, the process does not progress to clinical review by the Medical Director and the User is informed of the reason and of available alternatives. The detail of the filter is set out in Section 10.i of the Privacy Policy.
Clinical review by the Medical Director. The Medical Director personally reviews each consultation that passes the automated filter. They apply the published eligibility criteria and current clinical evidence to the specific case.
Clinical decision. The Medical Director chooses between three outcomes: (i) to issue a prescription in accordance with the clinical plan; (ii) to request additional information from the Patient before deciding; (iii) to decline the prescription where they conclude that treatment is not clinically appropriate for the case.
Payment conditional on outcome. Where the outcome is to issue a prescription, the Patient pays 50 EUR through the Stripe payment gateway, in accordance with Section 8. The contract for the Service is concluded at that moment. Where the outcome is a decision to decline the prescription, no charge is made to the User and the contract does not form.
Issuing of the prescription. Once payment is made, the Medical Director issues the private electronic medical prescription under Real Decreto 1718/2010, which the Patient receives by email in the form of a QR code from REMPe and presents at any Spanish pharmacy.

The pre-contractual information required under Article 97 of Real Decreto Legislativo 1/2007 (TRLGDCU) is provided to the User on the website’s home page and within these Terms, as well as in the flow of the consultation request itself.

7. Clinical decision and the “no charge if declined” model

The Service is delivered on clinical judgement. A proportion of cases assessed is declined on clinical grounds: eligibility criteria, contraindications, lack of evidence of benefit for the specific case, or individual factors that the Medical Director identifies during assessment. In every such case, no charge is made to the User.

The User expressly acknowledges that:

The acceptance or decline of their case is a clinical decision of the Medical Director, is not negotiable, and gives rise to no right to compensation of any kind.
The clinical decision is not a judgement on the User personally but a technical assessment of the appropriateness of the specific treatment for the specific case.
The Provider may provide signposting, where possible, to alternative care options appropriate to the User’s case, but such signposting does not constitute a formal medical referral and does not bind the User.

8. Price, invoicing and payment

The price of the Service is 50 EUR. The 50 EUR covers the full set of services identified in Section 4 (clinical assessment, prescription where appropriate, and any clinically necessary clarification exchange before the decision).

The price is charged only when the consultation results in the issuing of a prescription, on the terms described in Sections 6.6 and 7.

The price does not include the cost of the medicine. The medicine is dispensed at any Spanish pharmacy at the price regulated by AEMPS and is paid directly by the Patient at the pharmacy. Doctor Abbs SL does not market, store, distribute or dispense medicines.

Payment is processed through Stripe Payments Europe, Limited, a European payment gateway. Doctor Abbs SL does not store complete payment card details; financial data is handled by Stripe in accordance with applicable standards.

Doctor Abbs SL issues an invoice in accordance with applicable Spanish legislation. The invoice is sent to the Patient by email in electronic format.

9. Right of withdrawal

The Service provided by Doctor Abbs SL consists of professional healthcare services delivered entirely by electronic means. Under Article 102 TRLGDCU, the Patient generally has a period of fourteen calendar days to withdraw from the contract without giving reasons.

However, under Article 103(a) TRLGDCU, the right of withdrawal does not apply to contracts referring to “the supply of services, where performance has been completed, where performance began with the consumer’s prior express consent and with their acknowledgement that they would lose their right of withdrawal once the contract has been fully performed by the trader”. The Patient expressly acknowledges and accepts that the clinical review by the Medical Director following completion of the consultation request constitutes the effective start of performance of the Service, and that the issuing of the private electronic medical prescription completes that performance for the purposes of Article 103(a) TRLGDCU.

Accordingly, once the prescription has been issued, the Patient cannot exercise the right of withdrawal under Article 102 TRLGDCU in respect of the 50 EUR price of the Service.

This limitation does not affect:

The Patient’s consumer rights in respect of guarantees for services not in conformity with the contract.
The Patient’s rights in respect of the price of the medicine, which is paid at the pharmacy and governed by the pharmacy-dispensing legislation.
The Patient’s rights to discontinue the prescribed treatment at any time under Ley 41/2002, without prejudice to the clinical recommendation to inform the Medical Director.

10. Obligations of the User and the Patient

The User and the Patient undertake to:

Provide truthful, complete and current clinical information during the consultation request and any subsequent clarification.
Not impersonate a third party or complete the consultation request on behalf of a third party.
Communicate to the Medical Director any relevant change in their state of health, medication or any new symptoms or adverse reactions while the Service is being provided.
Follow the indications of the Medical Director.
Attend hospital emergency services or call 112 in the event of any medical emergency.
Make lawful use of the website, without activities that compromise its security, integrity or the proper access of other Users.
Respect the intellectual and industrial property rights of the Provider in the terms set out in Section 7 of the Legal Notice.

The provision of false, incomplete or out-of-date clinical information may compromise the safety of treatment and exempts the Provider from any liability for the clinical consequences that result.

11. Obligations of the Provider

The Provider undertakes to:

Provide the Service with the diligence required of a healthcare professional in accordance with the Code of Medical Ethics of the Organización Médica Colegial de España and applicable professional rules.
Apply the published eligibility criteria and current clinical evidence to the assessment of each case.
Guarantee the confidentiality of the Patient’s clinical information under Article 5(1)(d) of Ley 41/2002 and Article 5 of Ley 44/2003 (LOPS).
Meet pharmacovigilance obligations, including notification to AEMPS of suspected adverse drug reactions received.
Process User and Patient personal data in accordance with the Privacy Policy.
Provide reasonable advance notice of substantive changes to the Terms, prices or service configuration.

12. Limitation of liability

The Provider’s liability to the Patient is governed by applicable Spanish legislation and in particular by the legislation on professional healthcare liability.

The Provider is not liable for:

Consequences arising from the Patient providing false, incomplete or out-of-date clinical information.
Consequences arising from the Patient’s failure to follow the prescribed plan.
Consequences arising from third parties impersonating the Patient.
Damage caused by force majeure or events beyond its control that prevent, in whole or in part, the delivery of the Service.
The content, practices or data-protection policies of third-party websites linked from theholidaydoctor.com, in accordance with Section 8 of the Legal Notice.

13. Suspension and termination of the Service

The Provider may suspend the delivery of the Service to a specific Patient, without prejudice to any applicable legal action, in the following cases:

Discovery of false or substantially incomplete clinical information provided by the Patient.
Conduct by the Patient contrary to professional diligence or to the clinical indications of the Medical Director, where that conduct compromises the safety of the Patient or of third parties.
Non-payment of the invoice issued for the Service.
Any other cause which, in accordance with the clinical diligence required, makes continuation of the Service unviable.

The suspension is communicated to the Patient in writing with the corresponding reasons. In all cases, the Provider retains the Patient’s clinical record under Article 17 of Ley 41/2002 and the other applicable legal obligations.

14. Personal data protection

The processing of personal data of the User and the Patient is governed by the Privacy Policy. The User and the Patient acknowledge having read the Privacy Policy before starting the consultation request.

15. Cookies

The use of cookies and equivalent technologies on the website is governed by the Cookie Policy.

16. Complaints

The Patient can address any complaint to the Provider at help@theholidaydoctor.com or through the Complaints procedure. The Provider will respond within a reasonable time.

Without prejudice to the above channel, the Patient can apply, as appropriate, to:

The Spanish Data Protection Agency (AEPD), in matters of personal data protection, in accordance with Section 11 of the Privacy Policy.
The Ilustre Colegio Oficial de Médicos de Madrid (ICOMEM), in matters concerning the professional conduct of the Medical Director.
The competent autonomous-community health authorities, in matters concerning the delivery of the Service.
The consumer services of their autonomous community, in matters of consumer rights.

Under Regulation (EU) 524/2013, the Patient resident in the European Union can apply to the European Online Dispute Resolution Platform, available at ec.europa.eu/consumers/odr.

17. Applicable law and jurisdiction

These Terms and the delivery of the Service are governed by Spanish law. For the resolution of any dispute that may arise, the parties submit to the Courts and Tribunals of the city of Madrid, without prejudice to the rights granted by Spanish consumer-protection legislation to the Patient to apply to the Courts and Tribunals of their own domicile.