TERMS AND CONDITIONS
Set out below are the terms on which the Gold Clinic provides service to its clients.
These Regulations on provision of services by the Gold Clinic constitute general terms and conditions of the contract, within the meaning of art. 384 of the Polish Civil Code, under which the Gold Clinic provides the Patient with a paid Service. As part of the Service the Gold Clinic staff is obliged to act with the utmost care and in a manner consistent with all standards, including particularly medical knowledge standards.
§ 1. Definitions
Terms used in the Regulations mean:
1. Regulations – these Regulations for the provision of services by the Clinic together with all amendments and attachments.
2. Gold Clinic – economic activity conducted by Maciej Rogala under the following company: Maciej Rogala AHMA 2, with its registered office in Warsaw (02-657) at 43/2 Wielicka Street, NIP: 522-102-78-85, REGON: 140260793, licensed for the practice of medicine, license number 2562984 issued by the Military Medical Board in Warsaw.
3. Facility – facility located in Warsaw (02-657) at 43/2 Wielicka Street.
4. Services – Medical Treatments or Medical Consultations, performed by the Gold Clinic as part of the economic activity, the essence of which is best effort in accordance with the rules of art and knowledge, not guaranteeing the achievement of the result due to its nature. Information on the types of services offered is always posted on the Website, in the Service Price List and is also available at the Facility.
5. Consultation – a medical service whereby a patient pays a visit at the Gold Clinic to a person with necessary qualifications during which a diagnosis of the Patient’s condition is made and recommendations are given, as well as possible methods of treatment/ proceedings to be applied to the Patient within the Services offered by the Gold Clinic
6. Treatment – a medical service other than Consultation, performed at the Gold Clinic by specialistic staff with necessary qualifications, as part of the offered Services, in accordance with the current Price List for Services, of a more or less complex nature, in particular with the use of intravenous anesthesia and / or using the treatment room.
7. Package of Services – two or more Services selected at the Gold Clinic’s discretion and offered by Gold Clinic altogether using one price for all Services included in this Package, used only during the period indicated in the schedule of the Package of Services, issued to the Clientt at the time of their purchase. The Services purchased by the Client can be qualified as the Services Package only if the payment for these Services is made in the manner specified in these Regulations.
8. Gift Voucher – a voucher bearing a name “Invitation”, containing at least its unique number, period of validity, value or indication of the medical procedure and the Gold Clinic logo, issued by the Gold Clinic and authorizing the holder to use the Services in the Facility on terms set out at the Gift Card itself and in the Regulations.
9. Price List of Services – information on current prices of the Services and offers provided by the Gold Clinic, available on the Website and in the Facility.
10. Contract – contract for the provision of Services concluded between Gold Clinic and the Client.
11. Distance contract – contract concluded between the Gold Clinic (entrepreneur) and Consument using means of remote communication within the meaning of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827 with later amendments) d.); the moment of conclusion of the Distance Contract is the moment when the Consument, through electronic mail, accepts essential provisions of the Contract, including in particular, the Regulations and the amount and principles of advance payment for the Service (if required in the given case).
13. Website – the official Gold Clinic website at www.goldclinic.pl.
14. Client – a natural person, legal person, other entity with legal capacity, being a party of the Contract.
15. Patient – a natural person for whom services are provided.
16. Consumer – a Client who is a natural person and who performs a legal act not directly related to his economic or professional activity (Article 221 of the Act of 23 April 1964 Civil Code, OJ 16, item 93, as amended).
17. Reception – Customers’ and Patients’ service point at the Gold Clinic
§ 2 General provisions
Subject to other provisions of the Regulations, the use of the Services may commence after presenting the ID card or passport, filling out the patient information card, signing the acknowledgment of content of the Regulations, giving assent to the provision of Services and after eligibility of the Patient to given Service by the qualified Gold Clinic staff.
Gold Clinic puts its resources at the disposal of the Patient in a specified place and time in order to perform the Service. The Patient is obligated to pay the amount specified in the Price List in exchange for the performed Services.
Gold Clinic provides Services only during its working hours. Information on the opening hours is posted in the Facility and on the Website.
Services are provided on the basis of the Price List of Services applicable on the day the Service is performed, unless the parties decide otherwise.
All prices given in the Price List for Services are denominated in Polish Zloty. The given prices of treatments are approximate prices, which are clarified in the process of examining the Patient’s eligibility for a given Treatment in accordance with the guidelines from the Price List of Services.
Gold Clinic reserves the right to change the catalogue of the offered Services and the Price List for Services.
In the interest of the Patients’ safety, as well as for the sake of quality of the Services provided by the Gold Clinic, video surveillance was introduced at the Facility.
Video surveillance covers common area as well as medical and treatment rooms, excluding toilets and locker room.
§ 3. The Rules of Service Provision
Subject to other provisions of the Regulations, the condition on which the Gold Clinic performs the Service is the Patient’s consent to the medical procedure on the consent form used by the Gold Clinic.
The consent to the medical procedure may be expressed by an adult Patient who has full or limited capacity to perform legal act.
In the case of Patients who are under the age of 16 the consent form to the Medical Procedure should be signed by the statutory representative/ parent of the minor Patient. In justified cases provided under the provisions of law, it may be necessary to have the consent granted by both parents.
In the case of Patients who turned 16 but are under 18 years of age – the consent form should be signed by both the minor Patient and his legal representative / parent. In justified cases provided under the provisions of law, it may be necessary to have the consent granted by both parents.
Gold Clinic reserves the right to refuse performance of the Service in the following cases:
if the Patient has not given the consent to the performance of the Service or the consent has not been given in a correct manner, i.e. not in accordance with generally applicable law;
if the Patient’s condition indicates the consumption of alcohol, intoxicants or other means that could, in the assessment of the Gold Clinic staff, have impact on the occurrence of possible complications in respect to the performed Service or prevent or hinder the performance of the Service;
if the Patient has not followed the recommendations of the Gold Clinic staff regarding the need to prepare in a specific way for the Service, including in particular t performing necessary tests and submitting them to the Gold Clinic within the scheduled time;
if, in the physician’s opinion, the Patient is not eligible for the given Service, in particular due to the medical test results provided by the Patient, as well as other medical or health reasons;
if the Patient does not give their consent to the video surveillance or to the actions or activities that are necessary for the proper performance of the Service by the Gold Clinic, in particular does not give their consent to make photographic documentation or refuse to provide information or does not provide information necessary for the correct performance of the Service by Gold Clinic, or does not fill all forms required from the Patient in the Gold Clinic;
if the Patient is late for the Treatment or Consultation for more than 15 minutes
If the Patient does not pay for the Service in a manner consistent with the provisions of the Regulations.
Gold Clinic reserves the right to change the date of performance of the Service in the following cases:
if the performance of the Service was impossible due to reasons beyond the control of the Gold Clinic (i.e failure of devices used to perform the Service, failure of the utilities in the Facility, illness or unforeseen absence from work of the person performing the Service);
if it was necessary for the Patient to perform additional medical tests before having the Service performed.
Regardless of the medical tests commissioned to the Patient by the Gold Clinic in connection with the planned Treatment, it is recommended that the Patient who is planning to use the Services submit for a standard medical examinations in order to check the general health condition and lack of medical contraindications to use the Services.
The Patient is obliged to act in compliance with all recommendations given to him in connection with the planned / performed Service by the Gold Clinic staff and to meet the deadlines and obey the rules of control after the Service.
§ 4. Rules for arranging and canceling medical appointments
The Service may be arranged in person at the Facility, by phone at + 22 863 19 23 or 0 512 160 401, via social media – Facebook (address: https://www.facebook.com/GoldClinic/), via e-mail by sending the request to the following address: email@example.com, as well as by completing the filling in the form on the Website.
The Patient may receive the confirmation of the planned date of the Service by phone, via text message or e-mail – only to the telephone number or e-mail address provided by the patient.
For the confidentiality of sensitive personal data of the Patients, the Gold Clinic reserves the right to provide all the information regarding planned Services for a given Patient only after prior identification of the Patient on the basis of the Patient’s data held by the Gold Clinic.
The Patient is obliged to arrive at the Facility at least 10 minutes before the scheduled time of the Service in order to prepare for the planned Treatment or to comply with the necessary formalities before the planned Consultation.
In the event of a Patient’s late arrival for the Treatmets or Consultation, the Gold Clinic has the right to reduce the time of such Treatment or Consultation’ of the time of the Patient’s late arrival. However, if the patient’s lateness exceeded 15 minutes, the Gold Clinic has the right to refuse to provide the Service in accordance with § 3 section 5 para f) above.
A Patient who was obliged to submit for appropriate medical examinations before the Service is performed, is obliged to provide the results of these tests no later than 7 days before the planned Treatment or Consultation in person at the Facility or via given by the staff of the Gold Clinic Facility e-mail address or by traditional mail to the address of the Facility. In the event of failure to provide results of the medical examination within the aforesaid time, the Gold Clinic is entitled to the right referred to in § 3 section 5 para c) above.
The Patient has the right to cancel the Consultation or change the date of the Consultation without the consequences indicated in §5 section 6 of the Regulations 24 hours before the planned date of Consultation (when the subject of the Service was to be only Consultation) at the latest in a manner provided in the Regulations for arranging Consultation.
The Patient has the right to cancel the scheduled Treatment or change the date of the Treatment without the consequences indicated in § 5 para. 6 of the Regulations in the following cases:
Treatments that require a treatment room to be carried out or Treatments that require the use of preparations listed in Appendix No. 1 – If the Patient cancels the Treatment at least 7 days before the planned date of the Treatment;
other Treatments than those indicated in para a) above – If the Patient cancels the Treatment at least 72 hours before the planned Treatment.
It is not possible to exchange the Service for another without the consent of the Gold Clinic.
The Patient is entitled to one free check-up within 15 days from the date of the Treatment, unless the physician decides otherwise.
The Patient has the right to cancel / change the date of the scheduled Service, which is the part of the Package of Services, on the terms provided for in the Regulations, with the reservation that in the event of non-compliance with the rules and / or deadlines provided for in the Regulations, the Service in the Package of Services is forfeited without the possibility of its performance in another time. If the Patient does not show for the Service more than once, subsequent written deadlines are cancelled. In order to set new dates, the Patient shall contact the Reception.
§ 5. Payments and promotions
Subject to the exceptions provided for in the Regulations, payment for the Service shall be made immediately prior to the performance of the Service, unless the Parties agree otherwise.
All payments are made in cash or by credit card (credit card) at the Facility. It is also possible to make a payment by bank transfer to the bank account provided by the Gold Clinic.
The possibility of deferred payment for the performed Service is only allowed by way of exception, after individual arrangement of such a payment form with the Facility manager, and after the Patient has signed the relevant payment obligation declaration on the form used by the Gold Clinic.
Receipt or invoice issued by the Gold Clinic is the confirmation of the purchase of the Service in the Gold Clinic. The will to receive a VAT invoice should be notified when making payments for the Service at the latest.
Gold Clinic may collect an advance payment on the remuneration for the Service in the amount depending on the type of Service. However, the amount of the advanced payment cannot be less than PLN 1,000.00. The Patient will be informed about the need to make an advanced payment for the specified Service by the Gold Clinic at the stage of making the appointment. The advance payment should be paid by the Patient at the following dates: a) at least 1 4 days before the planned date of the Treatment which requires treatment room; b) at least 7 days before the planned date of the Service other than indicated in point a) above.
Gold Clinic is entitled to retain the advance payment made by the Patient (forfeiture of advance payment), in the following cases:
if the patient does not comply with the deadlines indicated in § 4 section 8 above;
if the conditions referred in § 3 section 5 para a-c and e-g meet.
In the event that the Patient purchases the Package of Services, regardless of the possible need to make a payment, the payment for the entire Package of Services shall be made on the day of the first Service performed under this Package of Services at the latest. If the payment is not made within the deadline referred to above, the Price List for the Services will apply to all Services covered by the Package of Services as for individual services provided outside the package in accordance with the Price List for Services.
In the event of scheduled Treatment cancellation if the advance payment is refundable the refund will be made within 14 business days from the day of receiving the cancellation in the manner in which the Client made the payment, unless the Client indicated in the statement of withdrawal another way of return. If the Client indicates a postal order as the method of return, the cost associated with such a refund will be charged to the Client.
Retaining the advance payment by the Gold Clinic in the cases provided for in the Regulations does not exclude the possibility of pursuing compensation claims on general terms.
Gold Clinic also provides for the possibility of using discounts and other promotional campaigns for the Services provided. Information about current promotions and their terms will always be available on the Website or in the Facility.
§ 6. Gift vouchers
Gold Clinic may issue Gift Vouchers to its Clients. The Gift Vouchers authorize the Clients to use the Services in accordance with the Regulations, the Price List and the value of Vouchers. The Client can pay with the Gift Voucher for all the Services currently provided by the Gold Clinic.
Gift Vouchers are issued in two-sided paper form and are bearer vouchers. If the Client writes down the data (name and surname) of the person receiving the Voucher at the place indicated on the Voucher, it becomes a personal Voucher. Any changes in the content of the Voucher, including deletion, strikethrough, supplements, and addenda, invalidate the Voucher.
Gift Vouchers may be for any amount or be issued for a specific Service with a specific value.
Gift Vouchers have an expiration date – during the period of validity of the Gift Voucher, the receiver shall use the Services which the Gift Voucher contains. After the validity period of the Voucher has expired, the unused value of the Gift Voucher will be forfeited. The Gift Voucher may be used during one or several visits depending on the type of Services purchased.
When scheduling the Service, the Patient shall inform that they use the Gift Voucher and give its number. The Client in order to use the Services on the basis of the Gift Voucher shall prior present it at the Gold Clinic reception.
If the Gift Voucher has been issued for certain Services, the Gold Clinic does not allow the possibility of exchanging the purchased Service for another Service.
Gift vouchers are not refundable or exchange for cash. There is also no possibility to receive change while making payment with Gift Vouchers if th value of the Gift Vouchers is higher than the value of used Services. In accordance with the Patient’s wishes, there is a possibility of additional payment to the Gift Voucher if the value of the Services that the Patient wants to use is higher than the value of Gift Voucher.
Gift Vouchers can be purchased at the Facility or ordered electronically by an e-mail sent to: firstname.lastname@example.org.
In the scope not regulated in this section, all other provisions of these Regulations apply to Gift Vouchers; the Gold Clinic reserves the right to refuse to redeem the Gift Voucher used contrary to the provisions of these Regulations.
§ 7. Complaint procedure
Complaints regarding perforomance of the Services should be submitted by the Patient in writing or sent by e-mail to the following address: email@example.com, immediately after the patient has found an irregularity.
In order to efficiently recognize the complaint, the complaint submitted by the Patient should include at least:
personal data oft he person submitting complaints: name, surname, PESEL,
information about the Service that has been made,
description of the subject of the notification and complaint.
After submitting a complaint in accordance with section 2 above, the Patient is obliged to appear in the Facility in person within the time agreed with the Gold Clinic in order to enable Gold Clinic staff to verify the legitimacy of the Patient’s reservations, if in the Gold Clinic’s opinion such a visit proves necessary in order to assess the legitimacy of the complaint.
Complaints will be recognized within 14 business days from the date of its notification, or respectively from the date of the visit referred to in section. 3 above.
The Patient will be informed about the decision in writing or via e-mail to the provided e-mail.
§ 8. Medical records
The Patient’s medical documentation shall belong to the Gold Clinic. The Patient has the right to have access to the medical records regarding his condition and health services provided to him.
The Patient has the right to access the documentation referred to in section 1 above, to the extent to which this documentation is a medical documentation within the meaning of generally applicable legal provisions, i.e. in so far as it relates to their condition.
Gold Clinic is obliged to give insight to the medical documentation to:
the Patient or his statutory representative or the person authorized by the Patient on the basis of a form used by the Gold Clinic; after the death of the Patient the right to have insight to the medical records has a person authorized by the Patient during their lifetime;
other entities in the manner and on the principles set out by generally applicable laws.
The access to the Patient’s medical records may be given as follows:
by giving the insight to the documentation in the Facility;
by drawing up extracts, certified copies or copies;
by releasing the original against the confirmation of receipt and subject to return after use, if the authorized body or entity requests the originals of this documentation;
in electronic form by:
– handing over an IT data carrier with a saved copy of the documentation, - performing electronic transmission of documentation,
– transfer of paper printouts at the request of authorized entities or bodies.
The patient may choose the form of the access tot he medical documentation. If the Patient or other person acting on his behalf applies for the preparation of excerpts, certified copies or copies of the documentation, the Gold Clinic has the right to collect the appropriate fee, as stipulated in art. 28 para. 1 of the Act on Patients’ Rights and the Patient’s Rights Ombudsman (Journal of Laws of 2016, item 186, as amended).
In the event of providing access to documents kept electronically in the form of paper printouts, the confirmation of compliance with the documentation in an electronic form shall be made by a person authorized by the Gold Clinic and shall be provide with their designation
§ 9. The rights and obligatins of the Patient
The Patient is the subject of rights and obligations referred to in the generally applicable provisions, in particular in the Act of November 6, 2008 on the Rights of Patient and Patient Ombudsman.
The Patient who uses the Services offered by the Gold Clinic has in particular the right to:
have the Services perfomed by qualified personnel, in accordance with requirements of medical knowledge;
kind treatment by the Gold Clinic staff and to respect their personal dignity;have their privacy and intimacy respected, in particular by providing Services in a sheltered place or as far as possible a separate room, in the presence of only the necessary medical staff;
information on their condition, diagnosis, proposed and possible diagnostic and treatment methods, foreseeable consequences of use or omission of the methods, the results of treatment and prognosis;
have all the information regarding his condition, medical facts, diagnosis, prognosis and treatment, and any other personal information protected and kept confidential, also in the event of death
give consent to have the indicated persons informed about their condition, unless the obligation to provide information results from statutory provisions;
have the information related to the Patient, and obtained by the Gold Clinic staff in connection with the Services provided to the Patient kept confidential
The Patient who uses the Services offered by the Gold Clinic is in partiular obligated to:
adhere to the Regulations, organizational regulations and other internal regulations regarding the rules for the provision of Services in force that insight to which will be given to them at the Facility.
have valid documents which enable the staff of the Gold Clinic to verify their identity
to comply with the ban on bringing and consuming alcoholic beverages, narcotics, smoking tobacco and other substances that could threaten the life or health of the patient, or cause or increase the risk of complications both during and after the treatment;
for the duration of the Service, leave their clothes in a place designated for this in the Facility , and take valuable items and money or make a deposit under the pain of no responsibility for valuable items and money left unattended; at the same time, for the duration of the Service, the Patient is obliged to turn off all electronic devices, such as a mobile phone;
take care of the Gold Clinic property under the pain of civil and criminal liability for its destruction or damage and to obey the safety rules;
adhere to the recommendations of the Gold Clinic staff
respect the dignity of the Gold Clinic staff.
A patient whose rights have been violated in any way in connection with the provision of Services to them, has the right to submit a written or oral complaint to the manager oof the Facility.
Gold Clinic provides the access tot he information on patients’ rights. Extract from the Patient Rights and Patient Rights Law Act is available at the Reception.
§ 10. Distance contracts
Subject to the provisions of this article th provisions of the Regulations apply to Distance Contracts concluded with the Gold Clinic.
Gold Clinic provides the possibility of concluding the Distance Contract only via e-mail using the e-mail address: firstname.lastname@example.org.
The moment of concluding the Distance contract is the moment of the Client’s consent to the essential provisions of the Contract, including in particular the Client’s acceptance of the Regulations and the amount and principles of making advance payment for the Service (if required in the given case) given via electronic mail. The Client may give their consent directly or implicitly (eg by making an advance payment to the Gold Clinic bank account).
The Client who has concluded a Distance Contract may, within 14 days, withdraw from it without giving a reason and without incurring costs, subject to the case referred to in section 5 below.
If, at the express request of the Client, the performance of the Service is to start before the deadline for withdrawal from the Distance Contract referred to in section 4 above and the Client withdraws from the Distance Contract (ie after submitting such a request), the Client is obliged to pay for the performed Services. The payment amount is calculated in proportion to the scope of the Service provided, taking into account the price agreed in the Contract.
In order to exercise the right to withdraw from the Distance Contract, it is necessary fort he Client to submit an appropriate declaration of intent with unambiguous content: in writing – by post or in person or by e-mail (e-mail address: contact @ goldclinic. en); the model statement of withdrawal from the Distance Contract is made available by the Gold Clinic to the Clients at their request.
To comply with the withdrawal period, it is sufficient to send a statement of withdrawal within 14 days from the date of conclusion oft he Distance Contract.
In the event of Client’s effective withdrawal from the Distance Contract in the mode indicated in section 4 above, the Gold Clinic shall return to the Client all payments made in advance, within 14 business days, in the manner in which the Client has made a payment, unless the Client indicated another way of return in the statement of withdrawal. If the Client indicates a postal order as a method of return, the cost associated with such reimbursement will be charged to the Client.
In the event of withdrawal from the Distance Contract in the manner provided for in section 5 above, the Gold Clinic has the right to return the payment after deduction of the part of the price for the Service performed, in accordance with the provisions of section. 5 above.
§ 11. Protection of personal data
Pursuant to art. 24 sec. 1 of the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws, as amended), Gold Clinic informs that:
the administrator of personal data obtained for the purpose of providing the Services is Maciej Rogala running a business under the name: Maciej Rogala AHMA 2, with its registered office in Warsaw (02-657) at ul. Wielickiej 43/2, NIP: 522-102-78-85, REGON: 140260793:
providing personal data is voluntary, however necessary to provide the Services, and refusal to provide them results in the inability to provide the Services;
personal data are processed for the purpose of providing the Services and will not be shared with anyone without the consent of the Patient (except in cases provided for by the provisions of law);
The patient has the right to access their personal data and correct it.
In the event of Patient’s additional consent, personal data will be processed by the Gold Clinic for purposes other than the provision of Services, in particular for marketing purposes, including sending commercial information electronically in accordance with the Act of 18 July 2002 on electronic services (Journal of Laws, as amended), in particular for the purpose of sending information about current promotions and new Services.
Personal data in Gold Clinic is processed with respect to the applicable provisions of law, in particular the provisions of the Act of 29 August 1997 on the protection of personal data and executive regulations related thereto, as well as the Act of November 6, 2008. on Patient rights and the Patient Ombudsman.
§ 12. Final provisions
Regulations come into force on the day of adoption.
In matters not covered by these Regulations, the provisions of the Civil Code, the Act of 15 April 2011 on medical activities (Journal of Laws No. 112, item 654) and implementing provisions shall apply.
The Atatchments are the integral part of the Regulations: Attachment No. 1 – List of preparations which can be used only after being prepared in advance.
Disputes arising from the performance of the Contract on provision of Services shall be resolved in accordance with the jurisdiction of common courts appropriate to the place of the service provision.
The Gold Clinic reserves the right to modify the provisions of the Regulations, with the reservation that the changes will not violate the rights already acquired by the Gold Clinic Patients before the amendments to the Regulations come into force.