Terms & Conditions

Last update: 19.09.2023

1. General provisions

1. 1 These general terms and conditions for the provision of health care services (hereinafter referred to as the Terms and Conditions) regulate the rights, obligations and liability of the client and the health care provider in the provision of health care services (hereinafter referred to as the Services) by The Health Clinic OÜ (registry code 11837333, specialised medical care activity licence numbers L05471 and L05557, hereinafter referred to as the Clinic).

1.2 The Terms and Conditions are an integral part of the contract for the provision of health care services (hereinafter referred to as the Contract) between the Clinic and the client (hereinafter referred to as the Patient).

1.3 The Services include all health care services provided by the Clinic to the Patient, regardless of whether they are provided during a visit or on a remote basis, and regardless of whether the Service is reimbursed by the Health Insurance Fund.

1.4 In the event that a third party health care provider is involved in the provision of the Services, the terms and conditions used by that health care provider will apply to the provision of the Services to the extent that they provide the health care services to the Patient. A third party health care provider is involved in the provision of the Services by agreement with the Patient.

2. Service provisionun tuottaminen

2.1 The Clinic will provide the Services to the Patient at a time and place agreed in advance. In order to receive the Clinic’s Services, the Patient registers for an appointment at the Clinic on the Clinic’s website (https://thehealthclinic.eu/en/book-now/ or https://www.weightlossclinic.eu/en/book-now/), by phone or e-mail, at the reception desk at the Clinic or by any other means that the Clinic makes available to Patients for registration. The Patient has been registered for the Service and a Contract has been entered into between the Patient and the Clinic (i.e. a contract for the provision of health care services within the meaning of section 758 of the LOA) if the Clinic has provided the Patient with a confirmation of the appointment time by e-mail.

2.2 The Patient has the right to cancel their appointment up to 24 hours before the scheduled appointment. If the Patient cancels an appointment less than 24 hours before it is scheduled, the advance payment for the Service will not be refunded in accordance with section 7.6 of the Terms and Conditions.

2.3 The Patient is obliged to provide the Clinic with true and complete information about their state of health and, if requested by the Clinic, to fill a health record prior to the initial appointment.

2.4 When providing the Service, the Clinic is not obliged to explain to the Patient the existence of commonly known or very rare dangers and risks which they are not familiar with at the time, even if their existence becomes known later. Upon request, the Patient has the right to receive from the Clinic information on the availability, nature and purpose of the Services and the risks and consequences of their provision in a form that can be reproduced in writing.

3. Rights and obligations of the Patient

3.1 The Patient has the right to:

(a) receive information about the nature of the Service, the risks thereof and other necessary medical treatments. The information may be oral or in a form that can be reproduced in writing if the Patient so requests;

(b) withdraw the consent given for the provision of the Service (i.e. consent within the meaning of subsection 766 (3) of the Law of Obligations Act (LOA)). If the Patient withdraws their consent less than 24 hours before the scheduled time of the Service, the withdrawal of consent does not affect the obligation to pay the invoice submitted or to be submitted for the Service, unless otherwise agreed;

(c) receive information regarding the results of the medical examination and the health status of the Patient identified during the provision of the Service, as well as any identified diseases and their progression;

(d) designate the persons who are entitled to receive information about the Patient’s health;

(e) access and obtain copies of documents relating to the provision of the Service at their own expense, unless otherwise provided by law and unless the Clinic has a legal basis for refusing to provide copies. To receive a copy of the documents, the Patient must submit a relevant request.

3.2 The Patient undertakes to:

(a) disclose to the Clinic to the best of their knowledge all the circumstances necessary for the provision of the Service and provide the assistance required by the Clinic for the performance of the Contract;

(b) provide the Clinic with true and complete information about their medical condition, including all information about previous medical treatments and medicines;

(c) come to the appointment at a time agreed with the Clinic, bringing an identification document with a photo;

(d) follow the instructions precisely when the Service is provided;

(e) immediately inform the Clinic of any complications arising from the Service and seek further consultation with the Clinic;

(f) pay a fee to the Clinic in accordance with the Contract and section 5 of the Terms and Conditions;

(g) comply with the Clinic’s internal rules and respect the rights and interests of other patients.

4. Rights and obligations of the Clinic

4.1 The Clinic has the right to:

(a) require that the Patient provide true and complete information about their state of health;

(b) establish internal rules governing the conduct of patients at the Clinic’s premises and require patients to comply with them;

(c) require that the Patient provide the consent or the statement of withdrawal of consent provided for in subsection 766 (3) of the LOA in writing or in a form that can be reproduced in writing;

(d) change the appointment time booked by the Patient for organisational or other reasons, by contacting the Patient as soon as possible and offering the Patient a new appointment time;

(e) refuse to provide the Service or discontinue the provision of the Service to the Patient if it appears that the Service is contraindicated for the Patient or if, on medical grounds, the provision of the Service is, in the opinion of the Clinic, not in the best interests of the Patient;

(f) refuse to provide the Service or discontinue the provision of the Service to the Patient if it appears that the Service cannot be provided to a high quality standard due to the Patient’s breach of the Clinic’s internal rules, the provision of incorrect information or failure to follow instructions given by the Clinic, including, for example, because of a lack of a trusting relationship between the doctor and the Patient;

(g) involve a third party health care provider in the provision of the Services, with the agreement of the Patient;

(h) receive a fee for the provision of the Service in accordance with the price list or a special agreement with the Patient.

4.2 The Clinic undertakes to:

(a) provide the Service on the basis of the general level of medical science applicable during the provision of the Service and with the care normally expected of the Clinic and in accordance with the requirements set out in the legislation for the provision of the Services;

(b) inform the Patient of the results of their examination and their state of health, potential diseases and their course, the availability, nature and purpose of the necessary health care service, the risks and consequences of its provision and other possible health care services. At the request of the Patient, the Clinic must present this information in a format that can be reproduced in writing;

(c) inform the Patient of any limitations prior to, during and after the provision of the Service which have a significant bearing on the provision of the Service and which affect the outcome of the Service;

(d) 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;

(e) keep confidential any personal information about the Patient disclosed in the course of providing the Service, including information about the Patient’s medical condition.

4.3 The Clinic does not guarantee the immediate recovery of the Patient, the success of the Service or that the outcome of the Service provided will fully meet the expectations of the Patient.

5. Payment

5.1 The Patient undertakes to pay the agreed Service price for the Services provided as an advance payment to the Clinic’s bank account or at the reception desk of the Clinic no later than on the day of the provision of the Service according to the invoice issued by the Clinic.

5.2 In the event of late payment of the amount due for the Services, the Clinic is entitled to charge the Patient interest on the amount due at the rate of 0.08% for each calendar day of delay until the amount is paid in full.

5.3 Unless the parties agree otherwise in a form reproducible in writing, the pricing of the Service is based on the price list of the Clinic in force at the time of providing the Service, which is available at the Clinic and on its website.

5.4 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 Clinic and on its website.

6. Personal data protection

6.1 The Clinic processes the Patient’s personal data in accordance with applicable law and the Clinic’s privacy policy (available at https://thehealthclinic.eu/e/privacy-policy/ and https://www.weightlossclinic.eu/en/terms-conditions/).

6.2 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.

7. Liability

7.1 The Clinic and the health care professional participating in the provision of the Service are solely responsible for the violation of their obligations if the violation is caused by the fault of the Clinic or the health care professional, i.e. negligence, gross negligence or intentionally. In particular, the Clinic and the health care professional are liable for diagnosis and treatment errors and for the breach of the obligation to notify the Patient and obtain the Patient’s consent as well as for the errors in the activities of the persons who assist them and errors of the equipment used upon the provision of the Services.

7.2 The Clinic is not liable for any loss of income or non-material damage suffered by the Patient.

7.3 The Clinic’s liability in respect of a particular Service (procedure) is limited financially to three times the amount of the fee paid under the Contract for that Service (procedure).

7.4 The Clinic is not liable for damages if the Patient violates instructions given by the Clinic or a health care professional before, during and after the provision of the Service, follow-up instructions, or other obligations of the Patient that are relevant to the provision of the Service.

7.5 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.

7.6 If the Patient cancels an appointment less than 24 hours before it is scheduled or fails to appear for the provision of the Service at the time and place agreed for the performance of the Contract on two or more occasions, the Clinic is entitled to charge the Patient a contractual penalty equal to the amount of the advance payment for the Service. If the Patient has paid the advance payment for the Service, the Clinic has the right not to refund the advance payment up to the amount of the contractual penalty. The Clinic is not obliged to provide any additional notices or documents regarding the collection of the contractual penalty, including the obligation to separately inform the Patient of the intention to collect the contractual penalty.

7.7 The Clinic is not entitled to claim a contractual penalty from the Patient if the Patient cancels an appointment because it becomes apparent prior to the provision of the Service that the Service is contraindicated for the Patient or, on medical grounds, the provision of the Service is not in the best interests of the Patient.

7.8 The exclusions and limitations of liability set out in section 7 do not apply if the liability of the Clinic cannot be limited by law.

8. Notices

8.1 Notices and declarations of intent between the parties in relation to the Contract (hereinafter referred to as the Notices) are forwarded directly, by telephone, post or e-mail. A notice of a breach of the Contract can be made only in writing or in a form which can be reproduced in writing.

8.2 The Patient undertakes to inform the Clinic immediately of any change in their contact details. All Notices sent to a previous contact address (including e-mail address) will be deemed to have been duly forwarded until the Patient gives notice of the change of their contact details.

8.3 All Notices related to the Contract are deemed to have been received by the other Party: (i) on the third business day after posting if delivered by post or courier service, unless the notice was received earlier; (ii) on the day of delivery if delivered by hand; (iii) on the day after posting if delivered by e-mail.

8.4 The contact details of the Clinic are as follows:

Tartu mnt 13, Tallinn 10145
(+372) 600 0925 (Mon-Fri 09:00-17:00)
clinic@thehealthclinic.eu
Registry code: 11837333

9. Termination of the Contract

9.1 The Contract terminates 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 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).

9.2 The Contract for the provision of the specific Service will terminate if the provision of the specific Service is taken over by another health care service provider.

9.3 The Contract terminates if the Patient or the Clinic cancels the Contract.

9.4 The Patient may cancel the Contract at any time. If the cancellation occurs less than 24 hours before a scheduled appointment, the Clinic has the right not to return the advance payment to the Patient in accordance with section 7.6.

9.5 The Clinic may cancel the Contract (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:

(a) the Patient is late in paying for the Service;

(b) the Patient breaches the Contract or other instructions given by the Clinic; including where the breach of instructions, the Clinic’s internal rules or other rules makes it impossible to provide the Patient with a quality Service, for example, due to a lack of a trusting relationship between the doctor and the Patient;

(c) the Patient breaches the obligation to provide information or the Clinic has reasonable grounds to suspect that the Patient has provided false information or the Patient otherwise breaches the obligation to assist in the provision of the Service;

(d) 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;

(e) on the basis of medical considerations, in the opinion of the Clinic, the provision of the Service is not in the best interests of the Patient;

(f) the Patient cancels an appointment less than 24 hours before it is scheduled or fails to appear for the provision of the Service at the time and place agreed for the performance of the Contract on two or more occasions.

9.6 Termination of the Contract does not relieve the Patient of the obligation to pay for the Services already provided. The termination of the Contract does also not affect the validity of those parts of the Terms and Conditions which by their nature are intended to survive the termination of the Contract, in particular sections 5, 6, 7, 8, and 10 of the Terms and Conditions.

10. Final provisions

10.1 The Contract and the agreements concluded between the Clinic and the Patient are governed by the law of the Republic of Estonia.

10.2 All disputes between the Clinic and the Patient arising out of the Contract or relating to the provision of health care services are settled in Harju County Court, unless the Clinic and the Patient reach an agreement through negotiations.

10.3 The Clinic may unilaterally amend the Terms and Conditions at any time due to changes in legislation, in the content of the Clinic’s services or in its business model. The Clinic will make the amended Terms and Conditions available at the Clinic and on its website and will inform the Patient thereof at least in a form that can be reproduced in writing. The Terms and Conditions in force at the time the Service is provided will apply to the provision of the Service.