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Commercial Terms for the Provision of Services by ASKLEPION - Lasercentrum Praha, s.r.o.
(hereinafter the „Commercial Terms")
I.
Introductory Provisions
1. ASKLEPION - Lasercentrum Praha, s.r.o., Company ID: 25068393, with its registered office at Londýnská 160/39, Postal Code: 120 00, Prague 2, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 46667 (hereinafter the "Provider"), is an operator of a registered private medical facility which provides medical services particularly in the field of dermatology, dentistry, plastic surgery, rehabilitation, general practice, ENT (otolaryngology), vascular surgery and cosmetics, as well as additional non-medical services consisting in the provision of counselling and care in the field of aesthetic medicine, especially in determining person's medical history, examining, proposing the necessary medical or other examinations, subsequently assessing the results and preparing individual procedure for the provision of services (hereinafter the "Service" or the "Services"), videlicet under the conditions laid down by the legislation, the agreement for the provision of medical/non-medical services (hereinafter the "Agreement") and these Commercial Terms.
2. The Client is any person to which the Services are provided personally, or while accompanied by his/her legal representative or guardian (hereinafter the "Client").
3. The Provider provides medical Services to the Client under Act No. 372/2011 Coll., on medical services and conditions for their provision (Medical Services Act), as amended.
II.
Procedure and Terms for the Provision of Service
1. For the provision of Services, the Client shall make an appointment by a particular doctor for a specific date by phone, email or using the online registration on the Provider's website. The date of the appointment only becomes valid upon its confirmation by the Provider.
2. The Provider is entitled to require an advance payment for the Services (hereinafter the "Advance Payment") from the Client before the Provider confirms the date of the appointment. Should the Client fail to pay the required Advance Payment, the Provider is not obliged to confirm the date of the appointment to the Client.
3. While making the first appointment, the Client shall provide the Provider with the following data: name, surname, phone number and email address of the Client. Should the Client refuse to provide these data, the Provider is not obliged to confirm the date of the first appointment to the Client.
4. This phone number and email address of the Client shall be used solely for the communication between the Client and the Provider, especially for reminding the Client of upcoming Services and any change in the date of the provision of the Services.
5. Should the Client not be able to come to the scheduled Service due to unforeseen events, especially due to an injury, illness or any other sudden events preventing the Client from appearing for the performance of the Service, the Client is obliged to promptly notify the Provider of this situation.
6. Should the Client breach his/her obligations set out in Article III par. 3 point a) and b) of these Commercial Terms and/or should the legal representative or guardian breach his/her obligations set out in Article III par. 4 of these Commercial Terms, a doctor is not liable for the accuracy of the diagnostics performed by him/her or the proposed individual procedure for the provision of the Services.
7. Prior to initiating the provision of the Services, the doctor shall inform the Client in a comprehensible manner and to a sufficient extent about the Client's medical condition and the proposed individual procedure for the provision of the Services and any of its changes (hereinafter the "Medical Information"), including particularly its effects, potential risks and medical contraindications, or any alternative options for the provision of the Services.
8. The Medical Information shall also be communicated to the Client every time when it is meaningful with regard to the provided Service or the Client's medical condition.
9. Prior to initiating the provision of the Services, the Client or a person designated by the Client shall be allowed to ask additional questions related to his/her medical condition and the proposed Services.
10. The Client is entitled to waive his/her right to the Medical Information, or he/she is entitled to specify a person to which the Medical Information shall be communicated.
11. Prior to initiating the provision of the Services, the Client shall sign a written free and informed consent with the provision of the Services (hereinafter the "Consent"). The Consent is free when given without coercion. The Consent is informed when the Client is informed of the Medical Information according to par. 7 of this Article prior to initiating the provision of the Services, or when the Client waives his right to the Medical Information according to par. 10 of this Article. It is not possible to provide the Services without the Consent, except where permitted by the legislation. The Client is entitled to withdraw his/her Consent at any time. The withdrawal of the Consent is not effective in the event that the provision of the Services has already been initiated and the interruption of their provision might cause serious health damage or pose a threat to the Client's life. The Consent is part of the medical documentation kept about the Client.
12. Should there be a minor Client or a Client with limited legal capacity, the legal representative or guardian of the Client also has the right to the Medical Information and the right to ask questions pursuant to par. 9 of this Article.
13. The Client specified in the previous paragraph shall be provided with the Medical Condition and the answers to the questions according to par. 9 of this Article in a way that takes into account his/her mental and moral maturity and his/her current ability to understand this information. The Client specified in the previous paragraph shall be provided with the Medical Condition and the answers to the questions according to par. 9 of this Article in a way that takes into account his/her mental and moral maturity and his/her current ability to understand this information. A minor Client over 15 years of age shall be provided with the Medical Condition and the answers to the questions according to par. 9 of this Article in its entirety, except in cases when this Client is not able to sufficiently understand the significance and nature of the provided Services and their influence on his/her health and life. In such a case, the procedure stated in the previous sentence of this paragraph shall apply.
14. At the beginning of each subsequent act during the provision of the Services, the doctor shall assess the previous act of the provision of the Services. Based on the information obtained from the Client, the doctor shall either continue with the individual procedure for the provision of the Services or a change in the procedure shall be recommended. Should the doctor and the Client mutually agree upon such a procedure, the subsequent act might be waived. Each act during the provision of the Services shall be recorded in the medical documentation of the Client. Each act during the provision of the Services shall be recorded in the medical documentation of the Client.
III.
Right and Obligations of the Client
1. The Client expressly declares that:
- he/she has full legal capacity, except in cases where the client is provided with the Services based on a consent of the Client's legal representative or guardian;
- he/she became thoroughly familiar with these Commercial Terms prior to initiating the provision of the Services and he/she fully understands them and agrees with them.
2. The Client has the right to:
- be sufficiently and fully informed by the Provider about the Services, especially their extent, the date of their provisions, the price and the method of payment of the price;
- the proper provision of the Services;
- know the name and surname of the doctor and other professionals directly involved in the provision of the Services;
- reject the presence of persons which are not directly involved in the provision of the Services;
- make a warranty claim regarding any defects of the provided Services according to Article VIII of these Commercial Terms,
- consult the procedure for the provision of the Services with the doctor personally at any time during the use of the Services, while the personal consultation shall be charged according to the valid price list.
3.The Client is obliged to:
- truthfully, completely, accurately and correctly inform the doctor about the Client's person and his/her medical condition and its previous development prior to initiating the provision of the Services, including the information on infectious diseases, medical Services provided by other providers, the use of medicinal products, including the use of addictive substances, and any other information material to the provision of the Services;
- provide his/her cooperation during the provision of the Services;
- pay the Advance Payment and the price for the Services to the Provider within specified periods.
- The obligations specified in par. 3 of this Article also apply to the Client's legal representative or guardian.
5.Expression of the Client's consent/dissent with the provision of his/her Medical Information:
Prior to initiating the provision of the Services, the Client is entitled to designate persons which may be informed of his/her medical condition, and the Client may also determine whether these persons are allowed to inspect the medical documentation kept about the Client or any other records related to the Client's medical condition, to make excerpts or copies of these documents and whether they are entitled to express the consent or dissent with the provision of the Services in case that the Client is not able to express his/her consent with the provision of the Services due to his/her medical condition, unless these Services may be provided without the consent. The Client is entitled to designate persons or express prohibition to provide the information about his/her medical condition to any person at any time after the initiation of the provision of the Services. The Client is also entitled to withdraw the designation of persons or the expression of prohibition to provide the information about his/her medical condition at any time. In this case, the Client shall complete a form called the "Statement of consent/dissent with the provision of the Medical Information". The form shall be completed and signed by the Client and the doctor. The Consent is part of the medical documentation kept about the Client. The form also includes the Client's announcement as to the manner his/her Medical Information may be provided.
6.The Provider is obliged to:
- provide the Client with all the information according to these Commercial Terms and the Agreement,
- confirm properly ordered Services to the Client upon the Client's request,
- provide the Services in the confirmed extent and quality.
IV.
Price of the Services and its Payment
1. The price of the Service shall be determined through the individual agreement between the Provider and the Client.
2. The price of the Service is calculated inclusive of VAT.
3. The price for an individual Service is due on the day of obtaining the Service. If payment of the price of the Service based on an issued tax document is allowed, the Service is payable by the date listed on the tax document.
4. The payment of the price of the Service and/or the Advance Payment shall mean the handover of cash, the use of a credit card at the terminal at the Provider's premises, the crediting of the given amount of money to the Provider's bank account, or the use of the Provider's Payment Gateway, by paying the given amount of money through the PayPal system to the Provider's account.
5. The payment for the ordered Services may be performed by the Client by:
- bank transfer or by crediting the cash to the Provider's bank account maintained by Komerční Banka, a.s., namely:
Account No. 3662590277/0100 for payments in CZK (Czech crowns)
Account No. 35-6403990237/0100 for payments in EUR, the international form of the account is:
IBAN: CZ170100000035640399023
- credit card at the terminal at the Provider's premises;
- a cash payment;
- using the Provider's Payment Gateway;
- paying the given amount of money through the PayPal system to the Provider's account: platby@asklepion.cz.
V.
Receipts
1. The Provider shall issue the Client a receipt upon request, however, in justified cases this is not possible immediately after providing the service, primarily due to the necessity to carry out a subsequent statement of the services actually executed and materials used against the paid deposits, etc.
Typically, the Provider composes the statement within 3 business days from the provision of the service.
2. After composing the statement, the Provider will send the receipt electronically or a hard copy can be picked up in person at the reception desk of the Provider at the address: Londýnská 160/39, 120 00, Prague 2. If a receipt is requested by the Client, he/she shall contact the Provider via email at info@asklepion.cz or telephone at +420 234 716 111, notifying the Provider with consent to the receipt being sent electronically to the Client's email address or if the receipt will be picked up by the Client in person at the Provider's reception desk.
3. The printed receipt can be picked up at the Provider's reception desk at any time during business hours with prior request of the receipt in accordance with this provision so that the receipt is ready to be issued. Receipts for pickup are typically ready within one business day from their request or after the processing of any statement, if applicable, and the Client shall be informed about the option of picking up the receipt via email or telephone.
4. Receipts are issued in the Czech language. In the event of translation of the receipt into a foreign language, the costs related to the translation shall be billed to the Client, who shall be informed of the amount immediately upon request of the translation of the receipt into the specified foreign language.
VI.
Cancellation Conditions
1.If the procedure is cancelled up to 14 days before the procedure date, 50 % of the deposit is forfeited.
If the client cancels the procedure later than 14 days before the date of the procedure, the deposit is forfeited in full. In the event that the patient has medical condition that precludes him/her from undergoing the procedure, a handling fee of CZK 2,500 will be deducted from the deposit and the rest of the deposit will be applied as a deposit towards a new surgery date. If the client submits a letter from a physician or a certificate of temporary incapacity to work, the handling fee will not be charged and the entire deposit will be applied towards a new surgery date.
2.Any further absence of the Client will be handled on case by case basis. The deposit is also forfeited if the client arrives for the procedure unprepared, either because he/she failed to arrange the necessary pre-operative examinations or failed to comply with pre-operative instructions and thereby jeopardized his/her health (e.g. has eaten, taken contraindicated medications, consumed alcohol, etc.)
VII.
Termination of the Contractual Relationship
1. The Agreement is concluded for a definite period of time, i.e. for the period of the provision of the Service.
2. The Client is entitled to terminate the Agreement only in writing and only for serious reasons. The notice of termination is effective upon its delivery to the Client. In the event of the termination of the Agreement by the Client, the Client is obliged to pay for the Services which were already provided to the Client.
3. Should the Client cease to cooperate during the provision of the Services without serious reasons, the Client is obliged to pay the full price for the Services.
4. Should the Client fail to prove serious reasons, the termination of the Agreement is invalid. The reasons for the termination of the Agreement by the Client shall always be resolved individually between the Provider and the Client.
5. The Provider is entitled to terminate the Agreement only in writing and only if the Provider lost the eligibility for the provision of the Services, or if the Client's medical condition interferes with the continuation of the provision of the Services. The notice of termination is effective upon its delivery to the Client.
VIII.
Personal Data Protection
1. See "The Principles of Personal Data Processing," available at www.asklepion.cz.
IX.
Warranty Claims
1. Should the Provider fail to provide the Services to a full extent and quality, the Client is entitled to make a warranty claim regarding the Services. The subject of the warranty claim shall not contain any material and immaterial damage which incurred by the Client or was caused by the Client due to his/her own fault, by not respecting the doctor's instructions during the provision of the Services, or due to the breach of obligations set out in Article III par. 3 point a) and b) of these Commercial Terms and/or when the Client's legal representative or guardian breaches his/her obligations set out in Article III par. 4 of these Commercial Terms.
2. The warranty claim regarding the Services shall be applied for in writing immediately upon discovery of the defect, but no later than one calendar month after the occurrence of the defect. Any later warranty claims shall not be taken into consideration due to the nature of the Services. The warranty claim shall include the description of the defect, what it consists in, or how it manifests itself.
3. The warranty claim is handled by a representative of the Provider immediately in accordance with the Provider's possibilities, but no later than within a 30-day period from the date of properly making the warranty claim.
4 .If requested by the Provider, the Client is obliged to come to a monitoring appointment to the Provider while the warranty claim is being handled in order that the condition of the Client is assessed. The monitoring appointment shall be carried out in the presence of a doctor or a representative of the Provider.
5. Should the warranty claim be found to be justified, the Client is entitled to compensation of the claimed Services, namely either in the form of the defect removal or in the form of monetary compensation. The Client is obliged to inform the Provider of the Client's choice of one of these options without undue delay after the Client was notified that his/her warranty claim was found to be justified.
X.
Exemption from Liability whilst Providing the Services
Should the Client breach his/her obligations set out in Article III par. 3 point a) and b) of these Commercial Terms and/or should the legal representative or guardian breach his/her obligations set out in Article III par. 4 of these Commercial Terms, the Provider shall not be liable for any material and immaterial damage which incurred by the Client in connection with the provision of the Services.
XI.
Final Provisions
1. Unless otherwise expressly set out in these Commercial Terms, any communication between the Provider and the Client may either be carried out in person, in writing, by email or by phone on the reservation line of the Provider. The communication by the Provider in relation to one or more Clients may also be carried out by the Provider in the form of publishing certain messages through the Provider's website - www.asklepion.cz. Emails shall be considered as a written form of communication.
2. Documents may be delivered in person or via a mail carrier to the address of the Provider and the address listed by the Client, or to a different address that the Provider or the Client submits to the other party in writing.
A document is considered to be delivered in the following cases:
- it has been received by the addressee;
- acceptance of the document sent via registered mail to the addressee has been refused;
- in the event that the document cannot be delivered via registered mail to the addressee to the established address or to the address that the addressee had previously submitted to the sender, the 3rd (third) day from the sending of the document.
- in the event of an email message of receipt to the recipient's email address.
It is the Client's obligation to immediately declare any change in delivery address, otherwise the latest address submitted by the Client to the Provider shall be considered valid. This obligation of declaration is valid also for changes in the Client's contact information (email address and telephone number).
3. The Provider is entitled to change the Commercial Terms to the appropriate extent, provided that the change in the Commercial Terms was communicated to the Clients before they are published on the Provider's website - www.asklepion.cz. The changes in the Commercial Terms come into force on the date specified by the Provider, but not sooner than on the date of their publication on the Provider's website - www.asklepion.cz. Should the Client not agree with the changes, he/she is entitled to terminate the Agreement.
4. Any legal relationships which arise or will arise in future between the Provider on the one side and the Client on the other side in connection with the provision of the Services shall be governed by the legislation of the Czech Republic.
5. Any disputes between the Client and the Provider arising in connection with the provision of the Services shall be definitively solved through a court proceeding by courts of the Czech Republic with general jurisdiction.
6. Where these Commercial Terms use the term of a doctor, then this term shall also mean other personnel of the Provider qualified to provide the Services according to the type of these provided Services which are not provided by a doctor.
7. These Commercial Terms are made out in the Czech, English, German and Russian languages.
8. This wording of the Commercial Terms becomes effective on September 14, 2022.
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