General Terms and Conditions
BioEximi OÜ (Next Fertility Nordic)
GENERAL TERMS AND CONDITIONS OF CONTRACT FOR PROVISION OF HEALTHCARE
1. General provisions
1.1. The general terms and conditions of the provision of healthcare (hereinafter referred to as the general terms and conditions) of BioEximi OÜ (hereinafter referred to as the Clinic) stipulate the rights, obligations and liability of the Clinic and the Patient while providing healthcare to the Patient in the Clinic.
1.2. The general terms and conditions are considered as the standard terms of the provision of healthcare for the purposes of section 760 of the Law of Obligations Act.
1.3. The contract for the provision of healthcare consists of the general terms and conditions, the terms and conditions agreed separately with the Patient orally or in writing and any other procedures, rules, regulations and requirements governing the relationship between the Patient and the Clinic that are established by the Clinic and made available to the Patient. Matters not regulated in the general terms and conditions will be governed by the legislation of the Republic of Estonia and the European Union regulating the relevant field.
1.4. The Clinic provides health care to the Patient in Estonian. In cases where the employee of the Clinic providing healthcare speaks another language that the Patient understands, the Patient and the employee may communicate in that language by mutual agreement.
2. Entering into the contract for provision of healthcare
2.1. The contract for the provision of healthcare is deemed to be entered into between the Clinic and the Patient upon the reservation of the appointment time for the provision of healthcare in the Clinic and in the absence of a booking, upon commencement of the provision of the service.
2.2. The Patient can book an appointment with a healthcare professional or other specialist through the online booking system on the Clinic’s website, by phone +372 607 0017, by e-mail email@example.com or at the Clinic’s reception desk (Veerenni 51, 4th floor, 10138 Tallinn). The appointment can be cancelled or changed in the same way.
3. Payment for healthcare
3.1. The Patient pays the Clinic for healthcare according to the price list established by the Clinic.
3.2. The Clinic has the right to unilaterally amend the price list at any time by making the relevant changes available on the Clinic’s website. A Patient who made a booking before the price list was changed and who uses the service after the change to the price list has entered into force is subject to the price list valid at the time of making the booking.
3.3. The Patient will pay the amounts payable for healthcare (including visit fees, fees for tests, analyses and procedures) in accordance with the agreement with the Clinic before or after the provision of healthcare.
3.4. If the Clinic provides the Patient insured by the Estonian Health Insurance Fund with healthcare for which the Estonian Health Insurance Fund assumes the obligation to pay in accordance with the Health Insurance Act, the Estonian Health Insurance Fund will pay for the provided healthcare to the agreed extent and the Patient will pay a visit fee in accordance with the price list.
3.5. The Clinic has entered into a care funding contract with the Estonian Health Insurance Fund for appointments regarding infertility treatment and prevention of cervical cancer.
4. General principles of service provision
4.1. In order to receive the best possible health care, the Patient must inform the healthcare professional, to the best of their knowledge, of all the facts that are necessary for the provision of healthcare, including their health, the course of the illness, other illnesses and the medicines used.
4.2. The healthcare professional informs the Patient about the results of the examination and the Patient’s state of health, possible illnesses and their course, the nature and purpose of the health care provided, the risks and consequences of its provision and other possible and necessary healthcare services.
4.3. The provider of healthcare may not as a rule promise that the Patient will be cured or that the operation will be successful.
4.4. The Patient cooperates with the healthcare professional to achieve the best possible outcome. The Patient adheres to the activity restrictions recommended by the healthcare professional in the interests of recovery.
4.5. In addition to healthcare, the Clinic also provides health services to patients. A health service is a service provided to the Patient that is not a healthcare service.
5. Consent for provision of healthcare
5.1. The Patient can only be examined and provided healthcare with their consent. The Patient may withdraw their consent within a reasonable time after granting it. An application for withdrawal of the consent is always drawn up in a form which can be reproduced in writing or in a written form.
5.2. When a Patient arrives at the Clinic for healthcare, they are expected to grant consent for the provision of healthcare. If necessary, and in cases required by law, the consent of the Patient for the provision of healthcare is drawn up in a form which can be reproduced in writing or in a written form.
5.3. In the cases provided for in sections 16 (woman’s consent to artificial insemination), 17 (husband’s consent to artificial insemination of his wife), 21 (artificial insemination of unmarried woman with sperm of specific man), 23 (transfer to woman of embryo created from ovum of another woman) and 25 (gamete donation) of the Artificial Insemination and Embryo Protection Act, written consent is required.
5.4. In the case of a Patient with limited active legal capacity, consent for the provision of healthcare is granted by the legal representative of the Patient, except if the Patient is in a position to accurately consider the pros and cons of the provision of the service. The Clinic will not follow the decision of the legal representative if it clearly harms the interests of the Patient.
5.5. If the Patient decides to withdraw consent during the provision of healthcare, the provision of health care shall be discontinued at the earliest opportunity, if this can be done without harm to the Patient’s health, and the withdrawal of consent will be recorded in the healthcare record.
5.6. Withdrawal of consent does not affect the provision of the service provided prior to the withdrawal of the consent.
5.7. Non-universally recognised preventive, diagnostic or treatment methods may only be used if conventional methods promise less success, the Patient has been informed of the nature of the method and its possible consequences, and the Patient has consented to its use.
6. Refusal to provide healthcare
6.1. The Clinic may refuse to enter into a contract for provision of healthcare or refuse to provide treatment under such contract already entered into if:
6.1.1. there is no medical justification for providing the requested healthcare;
6.1.2. there is no clear chance of successful completion of the treatment in the opinion of the healthcare professional;
6.1.3. in the opinion of the healthcare professional, the risk involved with receiving the treatment is higher for the Patient than for not receiving the treatment;
6.1.4. the provision of health care endangers the health or life of medical professionals or third parties;
6.1.5. the professional qualifications of the medical professionals do not enable them to carry out the treatment that would be necessary in a particular case;
6.1.6. the Patient requests the provision of healthcare under conditions that are in conflict with the general terms and conditions;
6.1.7. there exists the circumstance referred to in subsection 8 (1) of the Artificial Insemination and Embryo Protection Act: a doctor or any other healthcare professional shall not be required to perform or participate in the artificial insemination or procedures related thereto.
7. Postponement of provision of healthcare
7.1. The Clinic may delay the provision of healthcare if:
7.1.1. the healthcare professional thinks that the Patient’s condition merits the delay of the provision of healthcare;
7.1.2. due to a problem with the organisation of the Clinic (e.g. the doctor’s absence), it is not possible to provide healthcare at the scheduled time;
7.1.3. the Patient fails to arrive on time for a doctor’s appointment, test, procedure or treatment;
7.1.4. due to a conflict between the Patient and the healthcare professional, the latter must be replaced according to the opinion of the Clinic;
7.1.5. the healthcare fee due from the Patient has not been paid by the Patient to the Clinic.
7.2. The Clinic will inform the Patient of the postponement of the provision of healthcare as soon as possible. If the Clinic has postponed the provision of healthcare, the Clinic will offer the Patient a new appointment for healthcare as soon as possible.
7.3. The Clinic has the right to postpone the provision of healthcare for the reason set out in clause 7.1.5. if the fee due for the provision of healthcare has not been paid by the Patient to the Clinic 24 hours prior to the scheduled time for the provision of healthcare.
7.4. The Patient may postpone the provision of healthcare without giving a reason by notifying the Clinic as soon as possible, but no later than 24 hours before the scheduled start of the healthcare. In such cases, the Patient determines a new appointment time with the Clinic.
7.5. Postponement of the provision of healthcare with less than 24 hours’ notice is possible in the event of illness, in which case the Patient is obliged to provide the Clinic with the relevant medical certificate.
8. Termination of contract for provision of healthcare
8.1. The Patient has the right to terminate the contract for provision of healthcare at any time without giving a reason.
8.2. Failure by the Patient to attend the appointment of healthcare at the agreed time or to give less than 24 hours’ notice before the scheduled start of the healthcare will be considered as a termination of the healthcare contract by the Patient. In such case, the Patient will not be entitled to claim a refund of more than 50% of the price of the health care, as 50% of the price of the health care will be deducted by the Clinic to cover the costs of readiness to provide healthcare. In the absence of an advance payment, the Clinic has the right to issue an invoice to the Patient to the extent of 50% of the price of the healthcare in order to cover the costs of readiness to provide healthcare.
8.3. The Clinic has the right to terminate the contract for the provision of healthcare only in the case of a good reason, due to which the healthcare provider cannot be expected to continue to provide healthcare, taking into account all the circumstances, in particular (but not limited to) cases where:
8.3.1. the Patient does not disclose information to the healthcare professional that, if not known, could expose the continuation of the provision of healthcare to the same or a greater risk than the discontinuation of the provision of healthcare;
8.3.2. the Patient does not agree to the healthcare services that are ancillary to the provision of the requested primary healthcare and without which the provision of the primary healthcare service is not appropriate in the opinion of the healthcare professional;
8.3.3. the Patient wants to receive healthcare for which a fee is charged, but does not pay for the healthcare provided in accordance with the rules.
8.4. If the Clinic terminates the contract of the provision of healthcare, the Clinic will continue to provide the Patient with healthcare that is indispensable for the Patient or the refusal of which is not reasonable, taking into account the Patient’s condition and the possibility of obtaining the service from other healthcare providers.
9. Rights and obligations of parties
9.1. The Patient has the right to:
9.1.1. receive the healthcare they need, according to the Clinic’s possibilities;
9.1.2. receive information about their health, illness, treatment and prognosis in Estonian;
9.1.3. as a foreign language patient, receive the above information in another language, if the Clinic can provide it;
9.1.4. refuse to receive information about their state of health (total or partial refusal);
9.1.5. actively participate in making decisions about their treatment, be involved in the treatment process, consent to or refuse treatment;
9.1.6. request and obtain a second opinion from another specialist on the basis of a referral from the specialist who gave the first opinion;
9.1.7. receive information on how to cope with their illness, manage and improve their health;
9.1.8. 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);
9.1.9. know the names of the doctors, nurses and other staff working with them;
9.1.10. complain or make suggestions about problems that arise and get feedback on them. Complaints must be made in writing in accordance with the procedure set out in section 12 of the general terms and conditions.
9.2. The Patient is obliged to:
9.2.1. arrive on time for an appointment, test or a procedure;
9.2.2. behave civilly on the premises of the Clinic and treat the employees and other clients with respect;
9.2.3. the medical professionals of any circumstances that may be significant or affect the state of health or the provision of healthcare (including chronic diseases, infectious diseases, harmful habits);
9.2.4. inform the doctor/Clinic about any decisions concerning the Patient’s treatment and their person (e.g. needing/refusing information, limiting the amount of information given and changing their decisions);
9.2.5. comply with all requirements arising from the legislation regulating the conduct of patients (e.g. laws, regulations, internal procedures, including the Clinic’s internal rules);
9.2.6. pay for the health care not covered by health insurance or a third party (visit fee, own contribution, cost of healthcare not covered by the Estonian Health Insurance Fund).
9.3. The Clinic has the right to:
9.3.1. establish internal rules of procedure governing the conduct of patients in the Clinic and require patients to comply with such rules;
9.3.2. appoint an attending doctor to the Patient or replace them, informing the Patient as soon as possible.
9.4. The Clinic is obliged to:
9.4.1. provide healthcare to the Patient on the basis of the general level of medical and nursing science applicable during the provision of the service and with care usually expected from a healthcare provider;
9.4.2. create a safe and secure treatment environment;
9.4.3. listen to the Patient (within the time allowed for the appointment or visit);
9.4.4. inform the Patient about their medical condition, tests and treatment;
9.4.5. if necessary, refer the Patient to another specialist or involve other specialists;
9.4.6. properly document the provision of health care to the Patient and preserve the relevant documents.
10.1. The Clinic is only liable for the wrongful breach of its own obligations, primarily for errors in diagnosing and treatment and a breach in the obligation to inform the Patient and obtain the Patient’s consent.
10.2. The Clinic is not liable for any negative consequences resulting from the provision of healthcare if the immediate provider of healthcare has informed the Patient of the relevant risks and consequences and the Patient has consented to receive healthcare.
10.3. The Patient is liable for non-disclosure to the Clinic of the circumstances necessary for the provision of healthcare and for failure to provide the assistance necessary for the provision of healthcare.
10.4. The Clinic is not liable for any damage caused as a result of the Patient’s own actions or omissions, including as a result of the Patient submitting false data or failing to submit data.
10.5. The liability of the Clinic and the immediate provider of healthcare must be proved by the Patient unless the provision of healthcare to the Patient has not been properly recorded.
10.6. The limitation period for a claim for compensation for damage to the Patient is five (5) years from the time the Patient became aware of the violation of the obligation by the Clinic or the immediate provider of healthcare or the occurrence of damage.
10.7. The Clinic is liable for violating its obligations when providing healthcare on the basis of the provisions concerning authorisation agreements in the Law of Obligations Act. When providing healthcare, the Clinic is only liable for direct proprietary damage caused due to the violation of its own obligations and in an amount up to three times the fee of the healthcare service provided. When providing healthcare, the Clinic is not liable for loss of profit or non-proprietary damage caused due to the violation of its obligations.
11. Personal data processing
12. Procedure for resolution of complaints
12.1. Complaints are resolved according to the following procedure for resolving disputes.
12.2. Both the Patient and the Clinic will resolve complaints arising from the provision of healthcare firstly between themselves.
12.3. The aim of the Clinic is to review and resolve complaints and suggestions as quickly as possible and to ensure patient satisfaction and quality of healthcare.
12.4. Complaints regarding the quality of healthcare are handled by a member of the Clinic’ management board or a person authorised by them, together with the attending doctor and the laboratory manager.
12.5. In resolving complaints, the Clinic will respect all applicable confidentiality requirements.
12.6. Complaints are registered in the Clinic’s complaints register.
12.7. Complaints must be submitted in a clearly legible letter, hand delivered to the reception desk or sent by e-mail to firstname.lastname@example.org or by post to Veerenni 51, 10138 Tallinn.
12.8. The complaint must state the Patient’s first and last name, personal identification number, telephone number, e-mail address, date and the content of the complaint, describing as precisely as possible the circumstances of the complaint. If the complaint is made on behalf of someone else, the details of both the Patient and the person authorised by the Patient must be provided.
12.9. The complaint must be accompanied, where available, by documents in support of the complaint and a proposal for a resolution of the complaint.
12.10. The complaint must be signed by the complainant or a person authorised by the complainant. In the case of authorisation, the complaint must indicate the identity of the Patient on whose behalf the complaint is made and be accompanied by the power of attorney.
12.11. The management board of the Clinic will review the complaint together with the attending doctor and the laboratory manager and verify the facts of the complaint within 14 (fourteen) working days of the complaint.
12.12. The Clinic has the right to refuse to review a complaint if:
12.12.1. the complaint is anonymous;
12.12.2. the content of the suggestion or complaint is not legible or understandable;
12.12.3. the complaint is not about the quality of healthcare;
12.12.4. the person submitting the complaint has limited active legal capacity and has been appointed a guardian by the court, and the complaint has been submitted without the prior consent of the guardian;
12.12.5. a court judgment has entered into force concerning the same matter;
12.12.6. more than five (5) years have elapsed since the provision of health care for which the complaint is made.
12.13. The management board of the Clinic will inform the complainant in writing of the refusal to consider the complaint, together with the reasons for the decision.
12.14. Verbal disagreements will be resolved in the Clinic, with the involvement of the Clinic’s management board and the attending doctor or other service personnel, as appropriate.
12.15. Documents collected in the course of the handling of complaints will be stored in accordance with the applicable law and by the person responsible for the archives of the Clinic.
12.16. In case the complainant is not satisfied with the solution provided by the Clinic, the person has the possibility to appeal to:
12.16.1. the expert committee on the quality of healthcare at the Ministry of Social Affairs. Applications can be sent to Suur-Ameerika 1, 10122 Tallinn or digitally signed by e-mail email@example.com;
12.16.2. the Health Board. Applications can be sent to Terviseamet, Paldiski mnt 81, 10617 Tallinn or by e-mail firstname.lastname@example.org;
12.16.3. Estonian Health Insurance Fund. Applications can be sent to Lastekodu 48, Tallinn 10113 or by e-mail email@example.com, telephone (+372) 669 6630.
13. Other terms and conditions
13.1. The Clinic reserves the right to unilaterally amend these general terms and conditions at any time.
13.2. The general terms and conditions are governed by the law of the Republic of Estonia.