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TERMS AND CONDITIONS
1 These Standard Terms and Conditions stipulate the provision of medical care at OB Klinika, a.s., registered address Pod Krejcárkem 975, 130 00 Prague 3, the Czech Republic (the “Clinic”). The Clinic is a fully accredited healthcare provider under laws and regulations of the Czech Republic. All the surgeons and consultants employed at the Clinic are fully qualified and entitled to the provision of healthcare services under laws and regulations of the Czech Republic.
Pre-operative Tests and Consultations
2 A rare, but possible, result of the pre-operative tests is that they may reveal circumstances (medical or otherwise) which could complicate the operation, posing an increased risk to the person undergoing surgery’s (hereafter known as the ‘Patient’) health. In such a case, the Clinic would not undertake the surgery. The Patient is, in such circumstances, required to pay the Clinic a fixed fee of EUR 100, in order to reimburse the cost of the tests. This payment must be made by the Patient before their departure from the Clinic.
3 ‘Informed Consent for Medical Investigation, Treatment or Operation’ (hereafter known as the ‘Consent’) includes the Standard Terms and Conditions and must be approved by the Patient prior to their surgery. Failure to agree with these, or the withdrawal of the Patient’s consent for the surgery, will result in termination of the procedure. The patient will also be required to pay the Clinic a fixed fee of EUR 50, in order to reimburse the cost of the consultation. This payment must be made by the Patient before their departure from the Clinic.
4 The Patient is required to cover the cost of any extra pre-operative tests deemed necessary for their surgery. Such tests will be justified and undertaken by the Clinic on medical grounds; the Patient will be given a clear and comprehensive summary of their requirements and costs beforehand. The Patient’s consent is required for such additional tests.
5 The Patient agrees to the recording of their pre-operative consultation(s) with their surgeon(s). This recording is necessary for subsequent clarity in all matters pertaining to the Patient and their procedure. Any refusal to permit such recording may result in the Clinic’s termination of the procedure and, subsequently, the patient will be unable to claim any resulting costs incurred.
6 Following their operation and before departing the Clinic, the Patient will be given the relevant instructions and recommendations pertaining to their post-operative care (hereafter known as the ‘Instructions’). It is vital that the Patient reads and understands the Instructions and follows them in every detail. Failure to do so may result in aesthetic deterioration following the procedure; furthermore, the Patient may be endangering their health or, at worst, risking their life. Failure to provide the Clinic with completely accurate and up-to-date information about their state of health carries the risk of deteriorating aesthetic effects and a danger to health. The Clinic cannot guarantee the results of any procedure undertaken in either of the above circumstances.
7 Following their operation, the Patient is obliged to provide the Clinic with photographic evidence, detailing the stages of their recovery. These photographs must be digital, with the accompanying date, and are required at the following post-operative stages: 4 weeks; 3 months. The Patient may submit this evidence to the agency organising their procedure (hereafter known as the ‘Arranging Agency’). In addition, further photographic evidence may be necessary; each case is considered individually by the Clinic’s specialist. Failure to provide any of the aforementioned photographic evidence may negatively affect the impact of any subsequent corrective work or operations performed on the Patient.
8 The Clinic has the Patient’s authorisation to submit all information and documents pertaining to them and their procedure (including medical notes, photographic evidence and copies of relevant paperwork) to the Arranging Agency. These are required for the Patient’s post-operative care and support undertaken in their country of residence. Furthermore, the so-called ‘before and after’ photographs of their procedure may be required for medical use by the Clinic; the Patient authorises this usage.
9 Before seeking any kind of medical assistance, the Patient must first contact the Clinic. Subsequently, the Clinic will provide their acceptance, in writing, of any required treatment and the Patient is then free to make their own choice of healthcare provider. This does not apply in life-threatening situations.
10 The Patient’s visual satisfaction with the results of their procedure will naturally vary; within 3 to 4 months of the operation is the standard length of time, although full recovery and satisfaction may take up to 12 months. Taking this into account, should the Patient feel that the results of their procedure are unsatisfactory as a direct result of error or omission on the part of the Clinic, they must immediately contact the Clinic to express their dissatisfaction (hereafter known as the ‘Complaint’). Their Complaint must be made in writing, attaching high quality photographic evidence (complete with date) of the relevant area.
11 The Clinic will, immediately upon receipt of the Complaint, undertake an evaluation of the Complaint. The decision on appropriateness of the Complaint will be made by the Clinic specialist and subsequently reviewed and authorised by the head surgeon of the Clinic. The Clinic will judge medical reasons of possible corrective procedure and communicate the conclusion in writing, with full reasoning, to the Patient within 10 working days of the date of the receipt of the Complaint.
12 Any corrective procedure agreed to by the Clinic as a result of the formal evaluation of a Complaint, as described in Paragraph 11 above, will usually, for medical reasons, be carried out within 6 to 12 months of the original operation date.
Corrective Procedure Costs
13 Any corrective work carried out by the Clinic as the direct result of the evaluation procedure of a Complaint, as described above, will be carried out free of charge. The standard time required for the Patient´s recovery at the Clinic, is also free of charge.
14 Any other costs than those specifically mentioned in the paragraph 13 above, which may crystallise in connection with the corrective procedure, are not under any circumstances to be covered by the Clinic or any other third party and are solely borne by the Patient. Such costs include, inter alia, travel costs including flight tickets, accommodation after the stay at the Clinic, any costs related to any other person(s) accompanying the Patient, insurance and so forth.
Limitation of Liability
15 No injury, damage, loss, delay, additional expenses or inconvenience caused by external forces beyond the Clinic’s control or prevention will be taken responsibility for by the Clinic. Furthermore, the Clinic will not be held liable for any medical conditions which were not identified by the necessary pre-operative tests undertaken on the Patient with due care and diligence by the Clinic. For any unexpected events, or those that could not have been reasonably foreseen, the Clinic cannot bear liability.
16 If the Patient fails to meet any of the obligations specified in the Standard Terms and Conditions, the Clinic cannot be held liable or bear the cost of any corrective treatment. This includes the following: failure to follow, in detail, the Instructions (as detailed in paragraph 6 above); failure to provide the necessary photographic evidence following their operation (as detailed in paragraph 7 above); failure to contact the Clinic before finding a different healthcare provider (as detailed in paragraph 9 above).
17 Czech law exclusively governs the legal relationship between the Patient and the Clinic; these two parties will make every effort they can to settle any disputes that arise between them as peacefully as possible. If a peaceful solution is not possible, despite their best efforts, then both parties are entitled to submit any resulting legal claims to the relevant court.
18 The Clinic and/or Arranging Agency have a right to the protection of their good reputation and the Patient is therefore obliged to refrain from anything that could either jeopardise, or call this into question. Any consultation with the media must be refrained from by the Patient; any Patient breaching this obligation will be held liable for any resulting costs or damages incurred by the Clinic and/or Arranging Agency.
19 Permission is given by the Patient for all video and audio recordings taken by the Clinic. Such recordings are required because they concern the following: information necessary for the performance of the Patient’s surgery; documentation of the surgery itself; the subsequent and course of the surgery. These recordings may be used by the Clinic as evidence, mainly in administrative and judicial proceedings, for which the Patient hereby grants agreement.