NIINE CLINIC OÜ
GENERAL CONDITIONS FOR THE PROVISION OF HEALTHCARE
1. OVERVIEWS
1.1. The General Terms and Conditions of Niine Clinic OÜ (hereinafter referred to as the “Clinic”) for the provision of health care services (hereinafter referred to as the “General Terms and Conditions”) apply to all health examinations and/or treatments provided by the Clinic, unless the application of the General Terms and Conditions is expressly excluded. The General Terms and Conditions form an integral part of the contracts concluded between the Clinic and the Client (hereinafter referred to as the “Client”).
1.2. In order to provide health examinations or treatment, the Clinic and the Patient enter into a contract (hereinafter referred to as the “Health Care Service Agreement”), under which the Clinic undertakes to provide the Patient with the agreed health care service (hereinafter referred to as the “Service”) and the Patient undertakes to pay for the Service provided in accordance with the Health Care Service Agreement and to provide all possible assistance for the successful provision of the Service. Health services include examinations, tests and analyses.
1.3. The contract may be concluded orally, in writing or in a form that can be reproduced in writing. Unless otherwise provided, the contract for the provision of Health Care Services between the Patient and the Clinic is deemed to be concluded upon enrolment for the provision of the Service. Enrolment for the provision of the Service is deemed to be the Patient’s consent to the provision of the Service.
1.4. The Clinic provides the Service to the Patient in Estonian. If the person directly providing the Service (a member of the Clinic’s staff) speaks a language other than Estonian that the Patient understands and the Patient wishes the Service to be provided in another language, the Service may be provided in that language.
1.5. The Patient understands that the Service can only be provided to a high standard if the Patient provides assistance, actively participates in the provision of the Service, complies with the obligations arising from the Health Service Contract and the instructions given by the Clinic’s staff. The Patient understands that the Clinic cannot guarantee the success of the Service or that the result of the provision of the Service will fully meet the expectations of the Patient (LOA § 766(2)).
2. RIGHTS AND OBLIGATIONS OF THE CLINIC
2.1. The clinic is right:
2.1.1. require the Patient to provide true and complete information about the Patient’s state of health;
2.1.2. change the treating doctor and/or other healthcare professional indicated when you initially booked the Service. The patient will be informed of the change of the treating doctor and/or other health professional providing the Service as soon as possible;
2.1.3. establish internal rules governing the conduct of Patients on the premises of the Clinic and require Patients to comply with them;
2.1.4. change the time booked by the Patient for organisational or other reasons;
2.1.5. receive a fee for the provision of the Service.
2.1.6. Use the contact information provided by the patient for marketing purposes.
2.2. The clinic undertakes to:
2.2.1. provide the Service in accordance with the general state of medical knowledge at the time of provision of the Service and with the care normally expected of the Client, in accordance with the requirements for the provision of health care set out in legislation, including the law of obligations;
2.2.2. inform the patient of the results of the examination and of his/her state of health, of the possible illnesses identified and their course, of the availability, nature and purpose of the necessary health care, of the risks and consequences of its provision and of other possible health care services. At the request of the patient, the Clinic must provide this information in a format that can be reproduced in writing;
2.2.3. inform the Patient of any limitations in living arrangements before, during and after the provision of the Service which have a significant bearing on the provision of the Service and which affect the outcome of the provision of the Service, including any necessary follow-up care;
2.2.4. keep confidential any personal data of the Patient disclosed in the course of the provision of the Service, including information about the Patient’s medical condition;
2.2.5. duly document the provision of the Service to the Patient and keep the relevant documents in accordance with the procedure and under the conditions provided by law.
3. PATIENT RIGHTS AND RESPONSIBILITIES
3.1. The patient is right:
3.1.1. get the Service;
3.1.2. get information about the nature of the Service, the risks and other necessary treatments. The information may be oral or, at the request of the Patient, in a form that can be reproduced in writing;
3.1.3. to receive information about the results of the medical examination and the health status of the Patient identified during the provision of the Service, as well as any identified diseases and their progression;
3.1.4. actively participate in decisions about the Service, be involved in the process of providing the Service, consent to or refuse to consent to activities related to the Service;
3.1.5. require the Clinic to keep confidential information concerning his/her medical condition, treatment and private life, unless the obligation to disclose the information is provided for by applicable legislation;
3.1.6. designate the persons entitled to receive information about his or her health information;
3.1.7. cancel an outpatient appointment booked by him/her without giving a reason, not later than 1 working day before the appointment, or, in the case of a procedure or operation, not later than 3 working days before the agreed procedure or operation;
3.1.8. consult and obtain copies of documents relating to the provision of the Service at their own expense. The patient submits a request for a copy of the documents.
3.2. The patient undertakes to:
3.2.1. disclose to the Clinic, to the best of its knowledge, all facts necessary for the provision of the Service and provide such assistance as the Clinic may require for the performance of the Contract;
3.2.2. Provide the Clinic with true and complete information about your medical condition, including all information about previous treatments and medicines;
3.2.3. pay the Clinic a fee in accordance with the Health Care Service Agreement and Chapter 6 of the General Conditions;
3.2.4. arrive at the appointment at a time agreed with the Clinic with sufficient time to spare, bringing a photo identification document;
3.2.5. follow exactly the instructions given when providing the Service;
3.2.6. immediately inform the Clinic of any complications arising from the Service and contact the Clinic for further consultation;
3.2.7. comply with the rules of the Clinic’s internal rules and respect the rights and interests of other Patients.
4. PATIENT CONSENT
4.1. A patient may be reviewed and provided with the Service only with his or her informed consent, preceded by a review of the content and risks of the Service. The Clinician will ask the Patient for his or her health information at the time of or prior to the examination or otherwise in the course of providing the Service. The patient is responsible for the accuracy of the information published. The Clinician is not obliged to explain to the Patient the existence of commonly known or very rare hazards and risks which the Clinician does not know at the time, even if their existence becomes known later. At the request of the Clinic, the Patient will provide written consent.
4.2. The patient may withdraw consent within a reasonable time after giving it. The withdrawal of consent must be made in the same form in which the Patient consented to the provision of the Service.
4.3. If the patient does not wish to be informed of the results of the examination and of his or her state of health, possible illnesses and their course, he or she has the right to refuse to receive the information. In the event of a refusal to accept the information, the Clinic may not disclose the information to the Patient, unless this would harm the legitimate interests of the Patient or third parties. Refusal to accept the information shall be made in writing at the request of the Clinic.
5. PRIVACY AND PROTECTION OF PERSONAL DATA
5.1. The Clinic processes the Patient’s personal data in accordance with applicable law. The Patient’s personal data will be used only for the purpose of providing the Service to the Patient and for any related purposes, including documenting the provision of the Service. Third parties will be given access to the Patient’s data only with the Patient’s consent. The patient’s consent is not required for the transfer of or access to the data to persons who have a legal right to access the data.
5.2. The Clinician and the persons involved in the provision of the Service undertake to keep confidential any information about the Patient’s person and health condition that they may have obtained in the course of providing the Service or in the performance of their duties, and to ensure that information documented about the Patient is not disclosed to unauthorised persons, unless the Patient has given his or her consent. The duty of confidentiality may be waived to a reasonable extent if the Patient could significantly harm himself or others if the information is not disclosed.
6. TASU
6.1. The Patient undertakes to pay the booked or agreed price of the Service in advance to the Clinic’s bank account or to the Clinic’s cashier no later than on the day the Service is provided.
6.2. If the patient does not appear at the agreed time for a specialist outpatient appointment and has not informed the clinic at least 24 hours before the visit, the clinic will invoice the patient according to the clinic’s price list in case of non-appearance.
6.3. Unless otherwise agreed by the parties in writing, the price of the Service will be determined on the basis of the price list of the Clinic in force at the time of provision of the Service, which is available at the location of the Clinic and on the website www.nahakliinik.ee. Unless otherwise provided in the Price List, the price of the Service does not include the cost of the necessary tests and analyses, which, if performed in the Clinic, must be paid separately by the Patient.
6.4. The clinic has the right to unilaterally amend the price list from time to time. The changes will enter into force after the publication of the price list at the Clinic’s premises and on the website www.nahakliinik.ee.
7. RESPONSIBILITY
7.1. The Clinic and the persons involved in the provision of the Service shall only be liable for negligent breach of their obligations. The Clinic shall not be liable for any negative consequences of the provision of the Service if the Clinic has informed the Patient of such possible risks and consequences and the Patient has consented to receive the Service.
7.2. The clinic is not liable for indirect property damage or non-property damage.
7.3. The Clinic’s liability is financially limited to three times the amount paid under the Health Care Service Agreement.
7.4. The Clinic will not be liable for damages if the Patient violated any instructions given by the Clinic or a member of the Clinic’s staff that affect the success of the Service, including restrictions on the Patient’s lifestyle prior to, during and after the provision of the Service, aftercare instructions, the obligation to appear for an inspection, or any other obligation relevant to the provision of the Service.
7.5. If the Patient fails to appear for the examination at the agreed time, the Patient will be deemed to have materially breached the mandatory instructions given by the Clinic.
7.6. The basis for the liability of the Clinic and the persons involved in the provision of the Service must be proved by the Patient, unless the provision of the Service to the Patient has not been properly documented.
7.7. The limitations of liability do not apply to intentional infringements.
7.8. The limitation period for a patient’s claim for damages is five years from the time when the patient became aware of the breach of duty and the damage by the Clinic or the doctor.
7.9. The Client has the right to claim from the Patient a contractual penalty of 80% of the cost of the Service if the Patient fails to appear for the Service at the agreed time and fails to notify the Client in advance in accordance with clause 3.1.7.
8. EXPIRY AND TERMINATION OF THE CONTRACT
8.1. The contract for the provision of health care services ends at the end of the provision of the Service, whereby all activities following the provision of the outpatient service which the Clinic has performed or which the Patient has undertaken to perform for the purpose of the Service (e.g. following the instructions of the Clinic) are considered part of the provision of the Service.
8.2. The contract ends when the Service is taken over by another healthcare provider or when the contract for the provision of healthcare is terminated by either party.
8.3. The patient may terminate the Health Care Service contract at any time. If the cancellation occurs less than 1 working day before the booked outpatient appointment or less than 3 working days before the agreed procedure or operation, the Client has the right to claim reimbursement of 1/5 of the price of the Service from the Patient.
8.4. The Clinician may terminate the contract for the provision of the Health Care (or alternatively unilaterally request the postponement of the provision of the Service) for good cause which, in all the circumstances, cannot reasonably be expected to justify the continuation of the Service, in particular if:
8.4.1. The patient is in arrears with payment for the Service;
8.4.2. The patient violates the Health Care Agreement or other instructions given by the Clinic;
8.4.3. The Patient breaches the obligation to provide information or the Clinic has reasonable grounds to believe that the Patient has provided false information;
8.4.4. Other than in 8.4.2, the patient is in breach of. and 8.4.3. Obligation to contribute to the provision of the service;
8.4.5. The patient arrives at the appointment in an intoxicated state, disorderly or otherwise does not comply with the instructions of the Clinic;
8.4.6. the provision of the Service is not, in the opinion of the Clinic, in the best interests of the Patient on medical grounds;
8.4.7. On two or more occasions, the patient has failed to comply with the relevant rules by not attending a booked appointment or an agreed procedure or operation.
8.5. Termination of the Health Care Contract does not relieve the Patient from the obligation to pay for the Services provided under the Health Care Contract.
8.6. The termination of the contract for the provision of health care does not affect the provisions of clauses 6., 7., 8. and 9. validity.
9. FINAL PROVISIONS
9.1. The contract for the provision of health care is governed by the law of the Republic of Estonia.
9.2. If the Patient has a complaint or grievance against the Clinic, he/she has the right to submit a complaint to the Clinic at info@nahakliinik.ee. The complaint must clearly state the description of the rights of the Patient that have been violated and the circumstances of the violation. The complaint must be accompanied by available evidence of the infringement of the rights of the patient. The clinic will review the complaint within a reasonable time.
9.3. In the event of non-compliance with the terms and conditions of the contract for the provision of the Health Care Service, the patient has the right to exercise the legal remedies provided for by law, including the right to demand performance of the contract for the provision of the Health Care Service, to refuse to perform the obligation owed, to claim compensation for damages, to withdraw from or cancel the contract, to reduce the price and to claim interest on arrears in the event of delay in performance of the financial obligation.
9.4. The Clinic does not provide any guarantee for the Service (LOA § 766(2)).
9.5. A party may not transfer or otherwise assign its rights and/or obligations arising from the provision of the Health Care Service without the prior written consent of the other party. The restriction does not apply to claims for recovery of remuneration.
9.6. Any changes to the Health Care Service Agreement must be in writing and signed by the parties. The Clinic may unilaterally amend the General Terms and Conditions at any time, and the amendments shall enter into force upon publication of the General Terms and Conditions at the Clinic’s registered office and on the website www.nahakliinik.ee. The General Terms and Conditions in force at the time of the conclusion of the contract for the provision of health care shall apply. The Clinic undertakes to inform the Patient of any changes to the General Conditions. Appropriate notification shall be deemed to be the notification of the amendment to the General Terms and Conditions by the Clinic via the Clinic’s website.
9.7. The invalidity of any provision of the General Terms and Conditions by reason of any conflict of law shall not invalidate the General Terms and Conditions or any other provision of the General Terms and Conditions. To the extent that such invalidity or voidness materially modifies the rights or obligations of a party, such provision may be modified.
9.8. The Parties shall endeavour to resolve any dispute, disagreement or claim arising out of or in connection with the Health Care Service Agreement by negotiation. If no agreement can be reached in the negotiations, disputes are settled in court, with the Harju County Court being the court of first instance.