General terms and conditions of the personal health services agreement
These General Terms and Conditions of the Personal Health Services Agreement apply to the ordering and provision of all personal health care services of the Clinic to the Patients.
1. CONCEPTS AND DEFINITIONS
1.1. Clinic – Forma Perfecta UAB, legal entity 304953287, registered office address Sporto str. 3, Kaunas, carrying out the activities of a personal health care institution in accordance with the license issued to it (07.05.2019 No. 4039).
1.2. Patient – a natural person specified in the Agreement to whom the Clinic provides the Services.
1.3. Surgery – a treatment procedure specified in the Special Conditions, agreed upon by the Parties, and which will be provided to the Patient in accordance with the Agreement.
1.4. Doctor – a Specialist of the Clinic specified in the Special Conditions, who will perform the Surgery or will supervise its performance when the surgery is performed by a team of doctors.
1.5. Date of Surgery – the planned date of the surgery and specified in the Special Conditions. The date of the surgery may be changed in the cases and according to the procedure specified in these General Terms and Conditions.
1.6. Place of Service provision – the premises of the Clinic specified in the Special Conditions, where the Services will be provided.
1.7. General Terms and Conditions – these General Terms and Conditions of the Personal Health Care Agreement, which, at the Patient’s request, are delivered to the Patient at the time of Service or sent to the Patient by e-mail specified in the Special Terms and Conditions, as well as published on the Clinic’s website www.ficlinica.lt. The General Terms and Conditions are public and are not signed by the Parties.
1.8. Special Conditions – An approved Order for Personal Health Care Services, which specifies a specific Surgery, Price, Doctor, Date of the Surgery, and other conditions agreed by the Parties. In the event of any inconsistency between the Special Conditions and these General Conditions, the Parties shall prevail over the Special Conditions.
1.9. Services – The Surgery, the doctor’s consultations, examinations related to its performance, as well as other nursing and care of the Patient necessary for the treatment of the Patient at the place of provision of the Services and corresponding to one’s needs.
1.10. Pre-surgical instructions – instructions and recommendations related to the Surgery, which are provided to the Patient in writing (delivered by signature or sent to the Patient by e-mail specified by him/her) before the Surgery, and which the Patient must follow in order to avoid Complications.
1.11. Consent to the Surgery – in cases prescribed by legal acts, before the Surgery, the Patient signs a consent to the Surgery and anesthesia (anesthesia), which contains, among other things, Post-surgical instructions.
1.12. Post -surgical instructions – consent to the Surgery, or in a separate document, which is delivered to the patient by signature or sent to the Patient by e-mail, written instructions and recommendations which the Patient must follow after the Surgery in order to avoid Complications.
1.14. Rules of Procedure – the Rules of Procedure approved by the Clinic setting out patients’ rights and responsibilities at the point of provision of the Services, procedures for visiting, discharging and transferring patients to other healthcare facilities, dispute and conflict resolution between patients and the Clinic, and other applicable law provisions mandatory according to the Rules of Procedure. The Patient or his/her representative can become acquainted with the Internal Rules on the Clinic’s website www.ficlinica.lt or at the place of provision of the Services.
1.15. Price – the price of the Services specified in the Special Conditions. The Price specified in the Special Conditions may be changed in the cases and according to the procedure specified in this Agreement.
1.16. Complications – Unforeseen deterioration of the Patient’s health or complications of the course of treatment (unforeseen adverse effects on the Patient’s health) related to the Surgery.
1.17. Agreement – a Personal Health Care Agreement concluded between the Patient and the Clinic, which consists of these General Terms and Special Conditions.
1.18. Price List – standard rates for the Services and procedures provided by the Clinic, which apply in the cases and in accordance with the procedure established in this Agreement, when the Patient is required to provide additional Services and procedures not provided for in the Special Conditions through no fault of the Clinic. The Patient or his/her representative can get acquainted with the Price List on the Clinic’s website www.ficlinica.lt or at the place of provision of the Services
1.19. Reservation of the Surgery – the coordination of the Surgery Date and other essential Special Conditions between the Parties shall be performed at the place of provision of the Services or remotely (using electronic means of communication). The Patient shall be informed about the reservation of the Surgery in writing by being provided with these General Terms and Conditions, Special Conditions, Pre-surgical Instructions and other important information related to the provision of the Services (by e-mail specified by the Patient or handing in person). The reservation of the Surgery shall be confirmed after the Patient confirms (by signing or by electronic means) his/her consent to the conditions specified in the submitted documents and upon payment of the advance (not applicable if the advance is not provided for in the Special Conditions). The Patient shall be informed about the confirmation of the reservation by e-mail.
1.20. Corrective Surgery – additional surgical corrections necessary for the Patient after the Surgery in order to remove significant visible asymmetry remaining after the Surgery, excess free skin (“dog ears”), capsular contracture, implant rupture, tissue necrosis, ectropion, as well as other cases, when the Doctor decides during the consultation that the Patient should undergo Corrective Surgery.
2. SUBJECT OF THE AGREEMENT
2.1. Under the Agreement, the Clinic undertakes to provide the Patient with the personal health care Services provided for in the Special Conditions, and the Patient undertakes to pay the Price provided for under this Agreement for the provided Services.
3. OBLIGATIONS OF THE CLINIC
3.1. The Clinic must inform the Patient about his/her health condition, explain the special terms, diagnosis of the disease, possible treatment methods, treatment prognosis, and other circumstances that may influence the Patient’s decision to accept or refuse the proposed treatment and/or the Services, as well as the consequences if the proposed treatment and/or Services are refused, unless the Patient refuses to receive this information in writing or the Clinic is not obliged to provide it in accordance with applicable legal acts. In the event that the Patient refuses to sign the Consent to the Surgery, the provision of the Services is suspended and the Patient is deemed to have relinquished the Agreement.
3.2. When providing the Services, the Clinic must comply with the highest professional standards for the provision of such Services, mandatory medical norms of the Republic of Lithuania, other legal acts, and take into account the Patient’s wishes (if it is related to the aesthetic change sought). If the Patient’s wishes contradict the legislation, established professional rules, professional ethics, standards of medical science and good Clinical practice or the terms of this Agreement, the Clinic has the right to refuse to fulfil the Patient’s wishes, stating the reasons for such refusal, and in the event that the Patient does not refuse his wishes to the Clinic, terminate the Agreement without refunding the advance payment.
3.3. The Clinic must keep the information constituting the Patient’s secret and disclose it to other persons only with the written consent of the Patient or in cases provided by law.
4. OBLIGATIONS OF THE PATIENT
4.1. The Patient undertakes – to follow the recommendations and instructions of the Clinic and Doctor, including, but not limited to, Pre-Surgical and Post-Surgical Instructions, to provide the Clinician with comprehensive information about his/her health condition, allergic reactions, past and existing illnesses, medications and other circumstances, if this may affect the course or consequences of the Services provided by the Clinic;
4.2. At the place of provision of the Services, the Patient undertakes to comply with the Rules of Internal Procedure;
4.3. During the provision of the Services, the Patient undertakes to strictly comply with the obligations established for patients in the Law on the Prevention and Control of Communicable Diseases of the Republic of Lithuania, accompanying by-laws and other relevant applicable legal acts.
5.1. Before the Surgery the Patient should have all the tests listed in the Pre-surgical Instructions. Tests may be done at the Patient’s discretion: a) in the Clinic – in this case the Patient pays for the performed examinations at the prices specified in the Price List; b) or in another medical institution of the Patient’s choice, duly licensed, in which case the Patient must submit the results of the test to the Clinic upon arrival at the place of provision of the Services before the Surgery.
5.2. If it is suspected that the Complications may have been caused by the Patient not following the Pre-surgical and/or Post-Surgical instructions (e.g. the patient smoked, used alcohol, narcotic or psychotropic substances), the Clinic reserves the right to prescribe additional tests (e.g. nicotine test, toxicological test, etc.). If such examinations confirm that the Patient has not complied with the Pre-Surgical and/or Post-Surgical Instructions, the Patient shall reimburse the Clinic for all additional examinations and/or treatment of Complications and/or change of the Date of Surgery as specified in Section 6 of the General Terms and Conditions. In the event that the Patient refuses to perform the additional tests specified above in this section, the Patient shall be deemed to have admitted that he/she has not followed the Pre-surgical and/or Post-Surgical Instructions.
6. PRICE AND ITS PAYMENT PROCEDURE
6.1. The price for the Services is specified in the Special Conditions.
6.2. Unless otherwise specified in the Special Conditions, the price of the Surgery includes the Surgery, medicines used during the Surgery, and nursing and inpatient care for the number of days specified in the Special Conditions.
6.3. If no contact consultation has been performed for the Patient prior to ordering the Services, or such contact consultation has been performed more than 6 (six) months prior to the Surgery date, the Price may be adjusted during the contact consultation prior to the Surgery. If during the Pre-Surgery contact consultation it is determined that the Patient needs to undergo other and/or additional procedures or implants other than those provided at the time of ordering the Services are necessary, and as a result the Price increases, the Patient has the right to withdraw from the Agreement. In this case the Patient shall be refunded the advance payment after deduction of the remuneration for the Services and procedures provided to the Patient prior to the withdrawal from the Agreement.
6.4. Unless otherwise specified in the Special Conditions, the Patient shall pay the Price in the following order:
– within 2 (two) weeks from the date of the Surgery reservation, and in case less than 14 days remain from the date of the Surgery reservation – within 3 (three) working days from the date of the Surgery reservation, the Patient pays EUR 500 (five hundreds of euros), which is at the same time a guarantee of performance of the Agreement;
– The Patient pays the remaining part of the Price no later than on the day of the Surgery.
6.5. If the Patient does not pay the advance on time, unless the Special Conditions do not provide for the advance payment, the Clinic has the right at any time unilaterally and without payment of any penalties or compensation to withdraw from the Agreement by notifying the Patient in writing.
6.6. If the Patient has not followed the Pre-Surgical Instructions before the Surgery, including but not limited to the prohibition on ban on smoking and drinking alcohol, the Surgery may be postponed to the next day due to the increased risk of Complications. In this case, the Patient must reimburse the Clinic for all additional costs of (additional bed days, additional examinations and/or procedures) at the rates set in the Price List, and the Price of the Surgery may be increased by EUR 500 (five hundred euros) by a unilateral decision of the Clinic;
6.7. In cases when the Patient needs to undergo additional examinations, procedures or additional care (extra bed days) not provided for in the Special Conditions and such unforeseen Services are provided at the Patient’s request or due to conditions for which the Clinic is not responsible (Patient did not provide detailed information about his/her condition, did not follow the Pre-surgical or Post-surgical instructions, etc.), as well as in cases when the Patient withdraws from the Agreement after the Clinic has provided a part of the ordered Services, and the price of the respective Services is not specified (singled out) in the Special Conditions, the Price of the Services provided by the Clinic shall be determined according to the Price List, and in cases when the prices of the respective procedures are not set in the Price List – according to the actual costs of the relevant examinations and/or procedures incurred by the Clinic;
6.8. The Patient may pay the price and other payments under this Agreement in cash or by payment card at the place of provision of the Services or by transfer to Klinikos bank account No. LT45 7044 0600 0825 7674 with AB SEB bank. In case the Patient pays by bank transfer, the payment is considered to have been made by crediting the respective amounts to the Clinic’s bank account. In the event that the Services are paid for by the Patient’s representative or a third party, the purpose of the payment order must indicate that the payment is made for the Patient and the Patient’s Name and Surname.
6.9. When in the cases provided for in the Agreement the Clinic is obliged to return to the Patient all or part of the Patient’s Prepaid Service Prices, the funds are returned to the Patient in the same form as the Patient paid to the Clinic (e.g. if the payment was made by bank transfer, the funds are returned to the same bank account from which the payment was received). A patient wishing to recover funds in a form other than that paid to the Clinic must submit a written signed request to the Clinic prior to the actual refund, specifying the desired form of refund (cash or transfer to the specified bank account).
7. PERFORMANCE OF THE SURGERY
7.1. The Surgery is performed at the place of provision of the Services specified in the Special Conditions and by the Doctor specified in the Special Conditions. The patient is informed that the Doctor may be assisted by other doctors and/or healthcare professionals during the Surgery and other procedures.
7.2. The Clinic has the right to change the place of provision of the Services by informing the Client at least 2 (two) days before the date of the Surgery, indicating the new address of the place of provision of the Services where the Patient will be provided with Services of no inferior quality, if the Services cannot be provided at the place of provision of Services specified in the Special Conditions due to objective reasons.
7.3. The Clinic has the right to substitute the Doctor by another doctor not less qualified if the Doctor specified in the Special Conditions is unable to perform the Surgery on the date of the Surgery due to illness, death, compulsory isolation, termination of the Doctor’s and Clinic’s employment, and the Parties do not agree or there is no possibility to agree on a change in the date of the Surgery.
8. RESULTS OF SURGERY AND CORRECTIVE SURGERIES
8.1. The Clinic cannot guarantee that a specific result will be achieved, as it depends on many factors: the patient’s anatomical features, the patient’s post-surgical behavior, following or disregarding the instructions of healthcare professionals, individual reactions to external influences, which make each case completely individual and not comparable to others.
8.2. When Corrective Surgery is required after the Surgery, if it is required within one year from the initial date of the Surgery and the Corrective Surgery was required not due to the Patient’s fault (e.g. improper compliance with post-surgical instructions), but also in cases where the Corrective Surgeries were planned in advance while performing the initial Surgery, the Clinic undertakes to perform the Corrective Surgery at a time agreed with the Patient, and the Patient undertakes to pay the Clinical Medical Expenses of the Corrective Surgery, which is a fixed amount of EUR 500 (five hundred euros), no later than that set in the Special Conditions.
9. VALIDITY AND TERMINATION OF THE AGREEMENT
9.1. The Agreement shall enter into force from the moment it is duly signed (approved) by both Parties (their representatives).
9.2. The Clinic has the right to terminate the Agreement only for important reasons.
9.3. The Patient has the right to withdraw from the Services and terminate this Agreement at any time by giving written notice to the Clinic. If the Patient terminates the Agreement less than 30 (thirty) days before the date of the Surgery in the absence of Valid Reasons, the Patient must pay to the Clinic the compensation referred to in point 9.4;
9.4. If the Agreement is terminated or refused to be performed for no Valid Reasons, the terminating Party must pay the other Party the following amount of compensation within 5 working days of the termination of the Agreement: (i) If notice of the Agreement is given less than 30 (thirty) days but more than 7 ( seven) days before the date of the Surgery – a compensation of EUR 250; (ii) If the notice of termination of the Agreement is submitted less than 7 (seven) calendar days before the date of the Surgery – a compensation of EUR 500. If the Agreement is terminated by the Patient who has paid the advance, the compensation shall be deducted from the advance paid by the Patient and the remaining part of the advance (if any) shall be returned to the Patient within 5 working days from the termination.
9.5. The following circumstances are considered Valid Reasons entitling the Party to terminate the Agreement without paying any penalty to the other party, if the Services cannot be provided due to them within the time specified in the Special Conditions and it is not possible to provide the Services after changing the Surgery Date or Doctor: a) Doctor’s death or illness; b) Death of the patient or his/her close relatives; c) Patient’s illness or changes in the Patient’s condition identified during the Pre-Surgery Consultations/Examinations, which significantly increase the risk of complications; d) Quarantine, emergency or other decisions of State institutions restricting the right of the Clinic to provide the Services or the patient’s ability to enter the place of provision of the Services; (e) other force majeure circumstances preventing the Parties from fulfilling their obligations; (f) as well as other cases provided for in this Agreement, in which a Party acquires the right to terminate this Agreement in the event of non-performance or improper performance of its obligations by the other Party. In case of the Valid Reasons listed above in this clause for which the Services cannot be provided at the agreed time, the Parties will first discuss the change of the Surgery Date and only if the Surgery Date cannot be changed, the Parties will be able to exercise the right to terminate the Agreement without penalty;
9.6. The Agreement may also expire of be terminated on other grounds and in accordance with the procedure provided for by the legal acts in force in the Republic of Lithuania.
10. RISKS AND LIABILITIES RELATED TO COVID-19
10.1. The Parties understand that the global outbreak of COVID-19, which has been recognized by the WHO as a pandemic, is unpredictable and may significantly affect the implementation of this Agreement, when it is necessary to change the Surgery Date due to travel bans, applicable restrictions on the provision of Services, medical facilities and/or personnel shortages. The Parties waive each other’s claims in this regard and, if necessary, must cooperate and mutually agree on another date for the Surgery.
10.2. In order to reduce the risk of COVID-19 spread and transmission, the Clinic implements all infection control and management measures approved by the responsible authorities of the Republic of Lithuania for healthcare institutions, and the Patient undertakes to comply with all rules and requirements applicable to patients, including, but not limited to, isolation rules in case of illness or contact with an approved case of COVID-19, necessary examinations, avoidance of unnecessary contacts, informing the Clinic staff about the symptoms of COVID-19, compliance with hygiene requirements, use of protective equipment, and other requirements related to COVID-19. Information relevant to patients related to COVID-19 is provided and constantly updated on the Clinic’s website www.ficlinica.lt, and, if possible, provided to the Patient personally at the place of provision of the Services.
10.3. The Patient also acknowledges that although the Clinic has taken steps to reduce the risk of COVID-19 transmission associated with the Services, the Clinic cannot completely eliminate this risk and the Clinic will not be responsible for it, including but not limited to the following risks and consequences: 1) close contact with persons and/or objects that may have COVID-19; 2) COVID-19 infection and/or infection of other persons; 3) complications or health damage associated with COVID-19, which can range from minor harm to death; 4) the related Patient Costs and Losses.
11. FINAL PROVISIONS
11.1. Each Party undertakes to indemnify the other Party for direct losses and expenses due to non-performance or improper performance of the obligations assumed in this Agreement, insofar as this is not in conflict with the legal acts in force in the Republic of Lithuania.
11.2. This Agreement is concluded, interpreted and executed in accordance with the laws and other legal acts of the Republic of Lithuania.
11.3. Disputes between the Parties relating to the conclusion, performance or termination of this Agreement shall be settled by negotiation. If the dispute cannot be resolved through negotiations, the dispute shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania in the relevant court of the Republic of Lithuania.
11.4. When resolving disputes regarding pecuniary and/or non-pecuniary damage caused to the Patient during the provision of the Services, the Patient must first apply to the Patient Health Damage Determination Commission under the Ministry of Health, which is a mandatory pre-trial institution for damage indemnification (https://sam.lrv.lt/lt/darbo-grupes/pacientu-sveikatai-padarytos-zalos-nustatymo-komisija).
11.5. The Parties confirm that their contact details (e-mail, telephone number, address and other details) specified in the Special Conditions are correct, and in the event of any change, the Parties undertake to inform each other immediately of any change in such data or part thereof.