1.1. City Tervisekliinik OÜ’s (hereinafter referred to as the Clinic) general terms and conditions for the provision of healthcare services (hereinafter referred to as the General Terms and Conditions) apply to all health tests and/or treatment services 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 any agreements entered into between the Clinic and the client (hereinafter referred to as the Patient).

1.2. To provide health tests or treatment services, the Clinic and the Patient enter into an agreement (hereinafter referred to as the Healthcare Service Agreement) based on which the Clinic undertakes to provide the Patient with the agreed healthcare service (hereinafter referred to as the Service) and the Patient undertakes to pay a fee for the Service in accordance with the Healthcare Service Agreement and to provide any and all assistance for the successful provision of the Service. Healthcare services include examinations, tests and analyses.

1.3. The agreement may be entered into orally, in writing or in a form that can be reproduced in writing. Unless otherwise provided, the Healthcare Service Agreement is deemed to be entered into between the Patient and the Clinic upon registration for the provision of the Service. Registration for the provision of the service is deemed to constitute the Patient’s consent to the provision of the service.

1.4. The Clinic provides Services to the Patient in Estonian. If the person directly providing the Service (Clinic’s employee) 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 of high quality if the Patient provides assistance, actively participates in the provision of the Service, complies with the obligations arising from the Healthcare Service Agreement and the instructions of the Clinic’s employees. The Patient understands that the Clinic cannot ensure the success of the Service or that the Patient will be completely happy with the result of the provision of the Service (subsection 2 of § 766 the Law of Obligations Act).

2.1. The Clinic has the right to:

2.1.1. request from the Patient true and complete information about their medical condition;

2.1.2. change the attending physician and/or other health care professional indicated when initially booking the Service. The patient will be notified as soon as possible of changes to their treating doctor and/or other healthcare professional providing the Service;

2.1.3. establish internal rules of procedure governing the behaviour of Patients on the premises of the Clinic and require Patients to comply such rules;

2.1.4. change the time booked by the Patient for the Clinic’s organisational or other reasons;

2.1.5. receive payment for the provision of the Service.

2.2. The Clinic undertakes to:

2.2.1. provide the Service in accordance with the general state of the art of medicine at the time of providing the Service and with the care generally expected of the Clinic in conformity with the requirements for the provision of healthcare services set out in legislation, including the Law of Obligation Act;

2.2.2. inform the Patient about the results of their examination and their medical condition, of any identified potential diseases and their course, the availability, nature and purpose of the necessary healthcare service, the risks and consequences of its provision and other possible healthcare services. At the request of the Patient, the Clinic must present this information in a format that can be reproduced in writing;

2.2.3. inform the Patient of restrictions on living arrangements prior to, during and after the provision of the Service which have significant impact on the provision of the Service and which affect the outcome of the provision of the Service, including any necessary aftercare activities;

2.2.4. maintain the secrecy of personal data of the Patient, which they learn while providing the Service, including data concerning the medical condition of the Patient;

2.2.5. Properly document and maintain records of the provision of the Service to the Patient pursuant to the procedure and under the terms and conditions provided for by law.

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 treatment services. The information may oral or in a form that can be reproduced in writing if the Patient so requests;

3.1.3. receive information on the results of the medical examination and on the Patient’s medical condition as identified in the course of providing the Service, as well as on any identified diseases and their course;

3.1.4. actively take part in the making of 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. demand that the Clinic keep confidential any information about their medical condition, treatment and private life, unless the obligation to disclose the information arises from applicable legislation;

3.1.6. appoint persons entitled to receive information about their medical information;

3.1.7. cancel their booked outpatient appointment without giving a reason not later than 1 working day before the appointment;

3.1.8. to inspect the documents prepared on the provision of the Service and to obtain transcripts thereof at their own expense. To receive a transcript of the documents, the Patient must submit a relevant request.

3.2. The Patient undertakes to:

3.2.1. disclose to the Clinic, to the best of their ability, all circumstances necessary for the provision of the Service and provide assistance as the Clinic may need for the performance of the Agreement;

3.2.2. give truthful and complete information to the Clinic about their medical condition, including all information about previous treatment services provided and medicinal products taken;

3.2.3. pay a fee to the Clinic in accordance with the Healthcare Service Agreement and chapter 6 of the General Terms and Conditions;

3.2.4. come to the appointment in a sufficiently timely manner at the time agreed with the Clinic and bring a photo identification document;

3.2.5. carefully follow the instructions given upon provision of the Service;

3.2.6. immediately inform the Clinic of any complications that occur as a result of the Service and contact the Clinic for further consultation;

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

4.1. It is possible to examine the Patient and provide the Service to them only with their informed consent, preceded by an introduction of the content and risks of the Service. The Clinic will ask the Patient for their data concerning health while performing or prior to the examination or in another manner in the course of providing the Service. The Patient is responsible for the accuracy of the data published. The Clinic is not required explain to the Patient generally known or extremely rare dangers or risks they are not aware of at the time, even if the existence of these is determined later. At the request of the Clinic, the Patient will give their consent in writing.

4.2. The Patient may withdraw their consent within a reasonable time after giving it. The application for withdrawing consent must be made in the same form with which the Patient consented to the provision of the Service.

4.3. If the Patient does not want information about the results of the examination and of their medical condition, potential diseases and their course, they have the right to refuse to receive such information. If the Patient refuses to accept information, the Clinic may not disclose the information to the Patient, unless this would harm the legitimate interests of the Patient or third persons. Refusal to accept such information shall be made in writing at the request of the Clinic.

5.1. The Clinic processes the Patient’s personal data in conformity with applicable law. The Patient’s personal data will be used only for the providing the Service to the Patient and for related purposes, including for documenting the provision of the Service. Third persons will be granted access to the Patient’s data only with the Patient’s consent. The Patient’s consent is not necessary for transferring the data or giving access to the data to persons who have a legal right to have/access the data.

5.2. The Clinic and the persons involved in the provision of the Service undertake to maintain the secrecy of any data about the Patient’s person and medical condition that they may learn in the course of providing the Service or performing their duties, and to see to it that any information documented about the Patient does not become known to unauthorised persons, unless the Patient has consented thereto. It is permitted to deviate from the duty of secrecy to a reasonable extent if failure to disclose the data could result in the Patient causing harm to themselves or other persons.

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

6.2. Unless the parties agree otherwise in writing, the pricing of the Service shall be based on the price list of the Clinic in force at the time of providing the Service, which is available at the location of the Clinic and on its website www.citytervisekliinik.ee. Unless otherwise provided for in the Price List, the price of the Service does not include the cost of any necessary tests and analyses, for which the Patient must pay separately if any such tests and analyses are performed in the Clinic.

6.3. The Clinic has the right to unilaterally change the price list prospectively. The changes will enter into force when the price list is published at the location of the Clinic and on its website www.citytervisekliinik.ee.

7.1. The Clinic and the persons involved in the provision of the Service are liable only for the wrongful breach of their obligations. The Clinic is not liable for any negative consequences resulting from the provision of the Service if the Clinic has informed the Patient of the relevant risks and consequences and the Patient has consented to receive the Service.

7.2. The Clinic is not liable for indirect proprietary damage or non-proprietary 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 suffered if the Patient has violated any behavioural instructions given by the Clinic or an employee of the Clinic that affect the success of the Service, including any restrictions on the Patient’s lifestyle prior to, during and after the provision of the Service, aftercare instructions, the requirement to come for a check-up or any other requirement or obligation relevant to the provision of the Service.

7.5. If the Patient fails to come for a check-up at the agreed time, the Patient will be presumed to have has materially violated the mandatory behavioural instructions given by the Clinic.

7.6. 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 Services to the Patient has not been properly recorded.

7.7. The limitations of liability do not apply in the case of intentional violations.

7.8. The period of limitation of a Patient’s claim for damage is five years from the time they became aware of the violation of an obligation by the Clinic or a doctor and the emergence of damage.

7.9. The Clinic has the right to demand that the Patient pay a contractual penalty in an amount of 60% of the cost of the Service if the Patient fails to appear for the Service at the agreed time and fails to notify the Clinic in advance in conformity with clause 3.1.7.

8.1. The Healthcare Service Agreement expires at the end of the provision of the Service, whereby the provision of the Service is deemed to include all follow-up activities to the provision of the outpatient service as performed by the Clinic for the purpose of the Service or that the Patient has undertaken to perform (e.g. by following the instructions of the Clinic).

8.2. The agreement expires when the Service is taken over by another healthcare provider or when either party cancels the Healthcare Service Agreement.

8.3. The Patient may cancel the Healthcare Service Agreement at any time. If the cancellation occurs less than one working day before the booked outpatient appointment, the Clinic has the right to demand that the Patient compensate for 60% of the price of the Service.

8.4. The Clinic may cancel the Healthcare Service Agreement (or, alternatively, unilaterally demand the postponement of the provision of the Service) for good reason as a result of which, considering all the circumstances, the Clinic cannot be reasonably expected to move ahead with the Service, if:

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

8.4.2. the Patient is in violation of the Healthcare Service Agreement or other instructions provided by the Clinic;

8.4.3. the Patient violates the obligation to provide information or the Clinic has reasonable grounds to believe that the Patient has provided false information;

8.4.4. the Patient is in violation of the obligation to assist in the provision of the Service otherwise than in clauses 8.4.2. and 8.4.3;

8.4.5. the Patient arrives at the appointment intoxicated, in an inadequate state or fails to comply with the instructions of the Clinic for any other reason;

8.4.6. based on medical considerations, the Clinic finds that the provision of the Service is not in the best interests of the Patient;

8.4.7. the Patient has failed to come for a booked appointment or agreed procedure on two or more occasions without complying with the relevant regulations;

8.5. The expiry of the Healthcare Service Agreement does not release the Patient from the obligation to pay for the Services provided under the Healthcare Service Agreement.

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

9.1. The Healthcare Service Agreement shall be governed by the law of the Republic of Estonia.

9.2. If the Patient has complaints or objections against the Clinic, they have the right to submit a complaint with the Clinic by e-mailing tagasiside@citytervisekliinik.ee. The complaint must clearly describe the rights of the Patient that were violated and the circumstances of the violation. Available evidence of the violation of the Patient’s rights must be added to the complaint. The Clinic will review complaints within 30 working days.

9.3. In the event of non-compliance with the terms and conditions of the Healthcare Service Agreement, the Patient has the right to exercise statutory remedies, including the right to demand the performance of the Healthcare Service Agreement, to refuse the performance of the obligation owed, to claim damages, to withdraw from or cancel the agreement, to cut the price and to claim interest on arrears in the event of a delay in the performance of financial obligation.

9.4. The Clinic does not provide a guarantee for the service (subsection 2 of § 766 of the Law of Obligation Act).

9.5. A party may not transfer or otherwise assign its rights and/or obligations arising from the Healthcare Service Agreement without the prior written consent of the other party. The restriction does not apply to the recovery of fees.

9.6. Any changes to the Healthcare Service Agreement must be made in writing and signed by the parties. The Clinic may unilaterally change the General Terms and Conditions at any time and such changes will enter into force when the General Terms and Conditions are published at the location of the Clinic and on its website www.citytervisekliinik.ee. The Healthcare Service Agreement shall be governed by the General Terms and Conditions in force at the time of entry into the agreement. The Clinic undertakes to inform the Patient of any changes to the General Terms and Conditions. The Clinic’s notification of changes to the General Terms and Conditions through the Clinic’s homepage shall be deemed appropriate notification.

9.7. The invalidity of any individual provision of the General Terms and Conditions due to conflict with law does not invalidate the General Terms and Conditions as a whole or any other provisions of the General Terms and Conditions. Such a provision may be changed to the extent that such invalidity or voidness entails a material alteration of the rights or obligations of a party.

9.8. The Parties shall endeavour to resolve any disputes, disagreements or complaints arising from or in connection with the Healthcare Service Agreement by means of negotiations. Upon failure to reach an agreement through negotiations, any disputes will be settled in court with Harju District Court being the court of first instance.