Terms and conditions

1. GENERAL PROVISIONS

1.1. These general terms for the provision of healthcare services of VIP KLIINIK OÜ (hereinafter the “Clinic”) apply to all health examinations and/or medical services provided by the Clinic, except where the application of these General Terms is expressly excluded. These General Terms form an inseparable part of the agreements concluded between the Clinic and the client (hereinafter the “Patient”).

1.2. For the provision of health examinations or medical services, the Clinic and the Patient enter into an agreement (hereinafter the “Healthcare Service Agreement”), under which the Clinic undertakes to provide the Patient with the agreed healthcare service (hereinafter the “Service”), and the Patient undertakes to pay for the Service in accordance with the Healthcare Service Agreement and to provide all necessary cooperation for the successful provision of the Service. Healthcare services include, among other things, examinations, samples, and analyses.

1.3. The agreement may be concluded orally, in writing, or in a form enabling written reproduction. Unless otherwise provided, the Healthcare Service Agreement is deemed concluded between the Patient and the Clinic upon registration for the Service. Registration for 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 the Estonian language. If the person directly providing the Service (an employee of the Clinic) also speaks another language understandable to the Patient, and the Patient wishes the Service to be provided in that other language, the Service may be provided in that language.

1.5. The Patient understands that the Service can be provided qualitatively only if the Patient cooperates, participates actively in the provision of the Service, fulfills the obligations arising from the Healthcare Service Agreement, and follows the instructions given by the Clinic’s employees. The Patient understands that the Clinic cannot guarantee the success of the Service or that the outcome will fully meet the Patient’s expectations (VÕS § 766(2)).

2. RIGHTS AND OBLIGATIONS OF THE CLINIC

2.1. The Clinic has the right to:

2.1.1. require truthful and complete information from the Patient regarding the Patient’s state of health;

2.1.2. replace the doctor and/or other healthcare professional originally indicated at the time of booking the Service. The Patient will be informed of the replacement as soon as possible;

2.1.3. establish internal rules regulating the conduct of Patients at the Clinic’s premises and require Patients to comply with them;

2.1.4. change the time booked by the Patient due to operational or other reasons of the Clinic;

2.1.5. receive payment for the Service;

2.1.6. use the contact details provided by the Patient for sending marketing information.

2.2. The Clinic undertakes to:

2.2.1. provide the Service in accordance with the general level of medical science at the time of the Service and with the care normally expected from the Clinic, in compliance with the legal requirements, including those set out in the Law of Obligations Act for the provision of healthcare services;

2.2.2. inform the Patient of the results of the examination and the Patient’s state of health, any identified possible diseases and their course, the availability, nature, and purpose of the necessary healthcare service, the risks and consequences associated with its provision, and other possible healthcare services. Upon the Patient’s request, the Clinic must provide this information in a form allowing written reproduction;

2.2.3. inform the Patient of restrictions on daily life before, during, and after the provision of the Service that are of material importance to the provision of the Service and affect its outcome, including necessary aftercare measures;

2.2.4. keep confidential the Patient’s personal data, including data concerning the Patient’s state of health, that become known during the provision of the Service;

2.2.5. properly document the provision of the Service to the Patient and retain the relevant documents in the manner and under the conditions prescribed by law.

3. RIGHTS AND OBLIGATIONS OF THE PATIENT

3.1. The Patient has the right to:

3.1.1. receive the Service;

3.1.2. receive information about the nature of the Service, the risks, and other necessary medical services. The information may be given orally or, at the Patient’s request, in a form allowing written reproduction;

3.1.3. receive information about the results of the medical examination and the Patient’s state of health identified during the provision of the Service, as well as any possible diagnosed illnesses and their course;

3.1.4. actively participate in decisions concerning the Service, be involved in the Service process, give consent for actions related to the Service, or refuse to give such consent;

3.1.5. require the Clinic to keep information concerning the Patient’s state of health, treatment, and private life confidential, unless disclosure is required by applicable law;

3.1.6. designate persons who are entitled to receive information about the Patient’s health information;

3.1.7. cancel the outpatient appointment booked by the Patient without stating a reason, no later than 1 working day before the appointment, or in the case of a procedure or operation, no later than 3 working days before the agreed procedure or operation;

3.1.8. examine the documents prepared regarding the provision of the Service and receive copies thereof at the Patient’s own expense. The Patient shall submit a written request to obtain copies of documents.

3.2. The Patient undertakes to:

3.2.1. disclose to the Clinic, to the best of the Patient’s understanding, all circumstances necessary for the provision of the Service and provide the cooperation required by the Clinic to perform the agreement;

3.2.2. provide the Clinic with truthful and complete information about the Patient’s state of health, including all information about previously provided medical services and medicines used;

3.2.3. pay the Clinic the fee in accordance with the Healthcare Service Agreement and Chapter 6 of these General Terms;

3.2.4. arrive at the appointment with sufficient time in advance at the time agreed with the Clinic, bringing a photo ID document;

3.2.5. strictly follow the instructions given during the provision of the Service;

3.2.6. immediately inform the Clinic of any complications arising from the Service and contact the Clinic for an additional consultation;

3.2.7. comply with the Clinic’s internal rules and respect the rights and interests of other Patients.

4. PATIENT CONSENT

4.1. The Patient may be examined and the Service may be provided to them only with informed consent, preceded by an explanation of the content and risks of the Service. The Clinic requests the Patient’s health data during the examination, before it, or otherwise in the course of providing the Service. The Patient is responsible for the accuracy of the disclosed data. The Clinic is not obliged to explain to the Patient common or very rare dangers and risks of which it is not aware at that time, even if their existence is later discovered. Upon the Clinic’s request, the Patient shall give consent in writing.

4.2. The Patient may withdraw consent within a reasonable time after giving it. The declaration of withdrawal of consent must be made in the same form in which the Patient gave consent for the provision of the Service.

4.3. If the Patient does not wish to receive information about the results of the examination and their state of health, possible diseases, and their course, they have the right to refuse receipt of such information. In the event of refusal, the Clinic must not disclose the said information to the Patient, except where doing so would harm the legitimate interests of the Patient or third parties. Refusal to receive information shall be made in writing upon the Clinic’s request.

5. PRIVACY AND DATA PROTECTION

5.1. The Clinic processes the Patient’s personal data in accordance with applicable laws. The Patient’s personal data is used solely for providing the Service to the Patient and related purposes, including documentation of the Service. Third parties are granted access to the Patient’s data only with the Patient’s consent. The Patient’s consent is not required for transferring data or granting access to persons who have such a right under law.

5.2. The Clinic and persons involved in providing the Service undertake to keep confidential the information about the Patient’s identity and health condition that becomes known to them in the course of providing the Service or performing their duties, and to ensure that documented information about the Patient does not become known to unauthorized persons, unless the Patient has given consent. The duty of confidentiality may be reasonably departed from if non-disclosure of the data may cause significant harm to the Patient or other persons.

6. FEES

6.1. The Patient undertakes to pay the price of the booked or agreed Service in advance to the Clinic’s bank account or cash desk no later than on the day the Service is provided.

6.2. If the Patient does not appear for the agreed specialist outpatient appointment and has not informed the Clinic at least 24 hours before the visit, the Clinic shall issue an invoice to the Patient in accordance with the Clinic’s price list for non-attendance.

6.3. Unless the parties have agreed otherwise in writing, the Service price shall be determined according to the Clinic’s price list valid at the time of provision of the Service, which is available at the Clinic’s premises and on the website www.vipkliinik.sdlab.ee. Unless otherwise stated in the price list, the price of the Service does not include the cost of necessary samples and analyses, which, if performed at the Clinic, must be paid for separately by the Patient.

6.4. The Clinic has the right to unilaterally amend the price list prospectively. The amendments enter into force from the moment the price list is published at the Clinic’s premises and on the website www.vipkliinik.sdlab.ee.

7. LIABILITY

7.1. The Clinic and persons participating in the provision of the Service are liable only for culpable breach of their obligations. The Clinic is not liable for negative consequences associated with the provision of the Service if the Clinic has informed the Patient of the relevant possible risks and consequences and the Patient has given consent to receive the Service.

7.2. The Clinic is not liable for indirect pecuniary loss or non-pecuniary damage.

7.3. The Clinic’s liability is financially limited to three times the amount paid under the Healthcare Service Agreement.

7.4. The Clinic is not liable for damage if the Patient violated instructions given by the Clinic or its employee that affect the success of the Service, including the Patient’s lifestyle restrictions before, during, and after the Service, aftercare instructions, the obligation to attend follow-up examination, or any other obligation material to the provision of the Service.

7.5. If the Patient does not appear at the agreed time for examination, it is presumed that the Patient has materially breached the binding conduct instructions given by the Clinic.

7.6. The fact forming the basis of the liability of the Clinic and persons participating in the provision of the Service must be proven by the Patient, except where the provision of the Service to the Patient has not been properly documented.

7.7. Limitations of liability do not apply in cases of intentional breaches.

7.8. The limitation period for the Patient’s claim for damages is five years from the moment the Patient became aware of the Clinic’s or doctor’s breach of duty and the occurrence of damage.

7.9. The Clinic has the right to demand from the Patient a contractual penalty in the amount of 80% of the Service price if the Patient does not appear at the agreed time for the Service and has not informed the Clinic in advance in accordance with clause 3.1.7.

8. TERMINATION OF THE AGREEMENT

8.1. The Healthcare Service Agreement ends upon completion of the Service, whereby the Service is deemed to include all actions following outpatient service provision that were carried out by the Clinic for the purpose of the Service or that the Patient has undertaken to perform (including compliance with the Clinic’s instructions).

8.2. The Agreement ends upon transfer of the Service to another healthcare provider or upon termination of the Healthcare Service Agreement by either party.

8.3. The Patient may terminate the Healthcare Service Agreement at any time. If termination occurs less than 1 working day before the booked outpatient appointment or less than 3 working days before the agreed procedure or operation, the Clinic has the right to demand compensation from the Patient in the amount of 1/5 of the Service price.

8.4. The Clinic may terminate the Healthcare Service Agreement (or alternatively demand unilateral postponement of the Service) for a valid reason for which continuation of the Service cannot reasonably be expected from the Clinic in light of all circumstances, in particular where:

8.4.1. the Patient is late in paying for the Service;

8.4.2. the Patient breaches the Healthcare Service Agreement or other instructions given by the Clinic;

8.4.3. the Patient breaches the duty to provide information, or the Clinic has reasonable grounds to believe that the Patient has provided false information;

8.4.4. the Patient otherwise breaches the obligation to cooperate in the provision of the Service, other than in clauses 8.4.2 and 8.4.3;

8.4.5. the Patient arrives intoxicated, is in an inappropriate state, or otherwise does not comply with the Clinic’s instructions;

8.4.6. for medical reasons, the provision of the Service does not, in the Clinic’s opinion, correspond to the Patient’s interests;

8.4.7. the Patient has failed on two or more occasions to attend a booked appointment or agreed procedure or operation in violation of the applicable rules.

8.5. Termination of the Healthcare Service Agreement does not relieve the Patient of the obligation to pay for Services provided under the Agreement.

8.6. Termination of the Healthcare Service Agreement does not affect the validity of clauses 6, 7, 8, and 9 of these General Terms.

9. FINAL PROVISIONS

9.1. The laws of the Republic of Estonia apply to the Healthcare Service Agreement.

9.2. If the Patient has complaints or objections regarding the Clinic’s activities, the Patient has the right to submit a complaint to the Clinic by email at info@vipkliinik.sdlab.ee. The complaint must clearly specify the Patient’s rights that were violated and the circumstances of the violation. Any available evidence of the violation of the Patient’s rights must be attached to the complaint. The Clinic will review the complaint within a reasonable time.

9.3. In the event of non-conformity of the Service with the terms of the Healthcare Service Agreement, the Patient has the right to use legal remedies provided by law, including requiring performance of the Healthcare Service Agreement, refusing to perform their outstanding obligation, claiming damages, withdrawing from the agreement or terminating it, reducing the price, and, in the case of delay in performance of a monetary obligation, claiming late payment interest.

9.4. The Clinic does not provide a guarantee for the Service (VÕS § 766(2)).

9.5. Neither party may transfer or otherwise assign any rights and/or obligations arising from the Healthcare Service Agreement without the prior written consent of the other party. This restriction does not apply to claims for payment collection.

9.6. Any amendments to the Healthcare Service Agreement must be made in writing and signed by both parties. The Clinic may unilaterally amend the General Terms at any time; the amendments enter into force from the date of publication of the General Terms at the Clinic’s premises and on the website www.vipkliinik.sdlab.ee. The Healthcare Service Agreement is governed by the General Terms in force at the time of its conclusion. The Clinic undertakes to notify the Patient of amendments to the General Terms. Notification via the Clinic’s website is considered sufficient notice.

9.7. The invalidity of any individual provision of the General Terms due to conflict with the law does not render the entire General Terms or other provisions invalid. To the extent that such invalidity or nullity materially changes the rights or obligations of a party, such provision may be amended.

9.8. The parties shall endeavor to resolve any disputes, disagreements, or claims arising from or related to the Healthcare Service Agreement through negotiations. If no agreement is reached through negotiations, disputes shall be resolved in court, with the court of first instance being the Harju County Court.