General Terms and Conditions
VVV CLINIC s.r.o.
Company ID No.: 054 30 593, with its registered office at Kounicova 290/51, Veveří, 602 00 Brno,
registered in the Commercial Register maintained by the Regional Court in Brno, file no. C 95299
Article 1: Introductory Provisions
- These General Terms and Conditions (the “GTC”) govern the legal relationship between VVV CLINIC s.r.o., Company ID No. 054 30 593, with its registered office at Kounicova 290/51, Veveří, 602 00 Brno, registered in the Commercial Register maintained by the Regional Court in Brno under file no. C 95299, as a provider of health services (the “Clinic”), and any natural person who, following the initial Consultation, proceeds with the allocation of a Procedure Date, enters into a Procedure Agreement or otherwise uses the Clinic’s services (the “Client”).
- These GTC govern, in particular:
- the conditions for allocation of a Procedure Date to the Client,
- the conditions for booking a Procedure Date,
- payment terms for the Procedure price,
- the consequences of late payment by the Client in respect of individual payments,
- the terms of communication between the Clinic and the Client.
- These GTC form an integral part of the contractual relationship between the Clinic and the Client. They apply in particular from the moment the Client, following the initial Consultation, proceeds with the allocation of a Procedure Date, including by signing the Procedure Date Booking Form, entering into a Procedure Agreement, making related payments or by any other conduct clearly indicating the Client’s intention to be bound by these GTC.
- These GTC apply, as appropriate, to all acts relating to the booking and allocation of a Procedure Date, the execution of a Procedure Date Booking Form, the negotiation or execution of a Procedure Agreement, the payment of related amounts, pre-operative preparation and performance of the Procedure, unless expressly agreed otherwise between the Clinic and the Client.
- The provision of health services, including the indication and performance of the Procedure, is governed by the applicable laws and regulations on health services, in particular Act No. 372/2011 Coll., on Health Services and the Conditions of Their Provision, as amended, and other related laws and regulations.
- These GTC set out the general legal framework governing the relationship between the Clinic and the Client. Individual stages of that relationship may be further specified in the Procedure Date Booking Form, the Procedure Agreement, a Confirmation E-mail, a payment request, the Procedure Information, informed consent and other medical documentation. Those documents shall be interpreted consistently with these GTC, unless they expressly provide otherwise.
Article 2: Definitions
- “Consultation” means the initial professional consultation provided by the Clinic to assess the Client’s health condition, the suitability of the intended procedure, the indicative scope of that procedure and the expected procedure price.
- “Procedure” means a planned procedure in the field of plastic surgery or related health services to be provided to the Client by the Clinic.
- “Consultation Fee” means the fee for the initial Consultation according to the Clinic’s current price list.
- “Procedure Date Allocation Fee” means a separate fee payable for the administrative, organisational and capacity-related arrangements connected with preparing the procedure and allocating a Procedure Date to the Client.
- “Procedure Deposit” means a partial payment towards the Procedure price in an amount determined by the Clinic, payable before the Procedure.
- “Procedure Balance” means the remaining part of the Procedure price after deduction of the Procedure Date Allocation Fee and the Procedure Deposit already paid.
- “Procedure Date Booking Form” means a separate contractual document or other legal act of the Client and the Clinic relating to the booking and allocation of a Procedure Date. It usually includes identification of the Client and the Clinic, the expected Procedure, the price range, the basic scope, information on the Procedure Date Allocation Fee and confirmation that the Client has reviewed these GTC.
- “Procedure Agreement” means an individual contractual document entered into between the Clinic and the Client after the Procedure Date Booking Form. It follows these GTC and specifies, in particular, the expected Procedure, its price or price range, its basic scope, payment terms and any other individual arrangements relating to the specific case.
- “Procedure Price Range” means an indicative price range communicated to the Client during the Consultation or stated in the Procedure Date Booking Form. It is based on the facts known at the time it is communicated and may change depending on the Client’s health condition, the scope of the Procedure, examination results or other professional circumstances.
- “Procedure Date” means the specific date and time for performance of the Procedure, as determined by the Clinic and communicated to the Client.
- “Confirmation E-mail” means an e-mail message sent by the Clinic to the Client at the e-mail address provided by the Client, containing in particular confirmation of an order, a date, payment details or other instructions.
- “Pre-operative Examination” means an examination, check-up or other step designated by the Clinic as a condition for the safe performance of the Procedure, including any examination carried out before the Client’s admission to One-Day Care or Inpatient Care.
- “Procedure Information” means the written information provided to the Client by the Clinic, containing in particular a description of the Procedure, its purpose, nature, expected benefits, possible risks, limitations, alternatives, pre-operative preparation requirements and principles of post-operative care. The Procedure Information is for information purposes only and does not, in itself, constitute any guarantee of the result of the Procedure.
- “Post-operative Check-up” means a follow-up examination or other follow-up step designated by the Clinic or the attending physician after the Procedure has been performed.
- “One-Day Care” means health care requiring the Client to stay in a bed for less than 24 hours, having regard to the nature and scope of the health services provided.
- “Inpatient Care” means health care which, having regard to the Client’s health condition or the nature of the Procedure, cannot be provided on an outpatient basis and requires the Client’s hospitalisation.
- “Admission to Care” means the moment at which the Client is admitted to One-Day Care or Inpatient Care at the designated time, at the Facility designated by the Clinic and subject to fulfilment of the conditions determined by the Clinic or the attending physician.
- “Discharge from Care” means the termination of One-Day Care or Inpatient Care and the Clinic’s decision that the Client may leave care, having regard to the Client’s current health condition and the professional assessment of the attending physician.
- “Facility” means the Clinic’s medical facility or any part of it designated by the Clinic for performance of the Procedure, admission of the Client to One-Day Care or Inpatient Care, post-operative monitoring or performance of a Post-operative Check-up.
- “Stay in Care” means the Client’s stay within One-Day Care or Inpatient Care at the Facility after the Procedure or in connection with it, for the period determined by the Clinic according to the Client’s health condition and the professional assessment of the attending physician.
- “Care Regimen” means the set of instructions, restrictions and rules determined by the Clinic or the attending physician for the Client within One-Day Care, Inpatient Care or the post-operative period.
Article 3: Scope of the GTC and Relationship to the Consultation Terms
- These GTC govern legal relationships between the Clinic and the Client which generally arise only after the initial Consultation has taken place, in particular in connection with the Procedure Date Booking Form, allocation of a Procedure Date, entering into a Procedure Agreement, payment of the Procedure price, pre-operative preparation, performance of the Procedure and related acts.
- Legal relationships between the Clinic and the Client relating to ordering, confirming, paying for, changing or cancelling the initial Consultation date shall be governed by the separate general terms and conditions of the Clinic intended for that stage of the process (the “Consultation Terms”), unless the Clinic expressly provides otherwise.
- These GTC shall apply to the legal relationship concerning the Consultation only if these GTC expressly so provide or if the Clinic expressly refers to them in a particular case.
- Upon signing the Procedure Date Booking Form, entering into a Procedure Agreement, paying the Procedure Date Allocation Fee or taking any other step clearly indicating the Client’s intention to be bound by these GTC, these GTC shall apply in full between the Clinic and the Client, unless expressly provided otherwise.
Article 4: Provision of Health Services
- The Clinic is a provider of health services within the meaning of the applicable laws and provides health services to the Client through its healthcare professionals and contractual professional collaborators who meet the applicable professional qualification requirements.
- The Client acknowledges that individual health services may be provided within the Clinic’s operations by a particular physician, including a physician who provides professional services to the Clinic under a contractual arrangement other than employment, and may also be provided in cooperation with other members of the medical team, depending on the nature of the procedure, the Client’s health condition, the professional requirements of the procedure and the Clinic’s operational capacity.
- The Clinic may determine the specific composition of the medical team, including the surgeon, assisting physician and other healthcare professionals involved in providing health services to the Client.
- The Clinic may change the specific physician or the composition of the medical team where justified by professional, medical, safety, operational or other material circumstances, including a change in the Client’s health condition, the unavailability of the originally anticipated physician, the need to ensure continuity of care or the need to provide health services to the required professional standard.
- If there is a change in the specific physician who is to perform the planned Procedure or another material health service, the Clinic shall inform the Client in an appropriate manner in advance, enable the Client to ask additional questions and, where appropriate, obtain confirmation of the Client’s consent to the change.
- This Article is without prejudice to the Client’s right to clear and comprehensible information about the proposed health services and any changes to the individual treatment plan, or to the Client’s right to give or refuse informed consent to the provision of health services.
Article 5: Procedure Date Booking Form and Establishment of Contractual Relationship
- After the initial Consultation, the Clinic may send the Client a draft Procedure Date Booking Form. The Procedure Date Booking Form is a separate contractual document. By entering into it, the Client proceeds with the allocation of a Procedure Date under these GTC. The Procedure Date Booking Form gives rise to related rights and obligations of the Clinic and the Client, which are governed by that Procedure Date Booking Form and these GTC.
- The Procedure Date Booking Form usually contains identification of the Client and the Clinic, the expected Procedure, the Procedure Price Range, the basic scope, information on the Procedure Date Allocation Fee, a reference to these GTC and any other information the Clinic considers necessary.
- The Procedure Date Booking Form is entered into when it is signed by the Client or otherwise duly confirmed by the Client, if permitted by its form and the manner of execution.
- The Procedure Date Booking Form does not, by itself, constitute a Procedure Agreement and does not oblige the Clinic to perform the Procedure unless all further conditions set out in these GTC, the Procedure Agreement, the medical documentation and the Clinic’s instructions have been fulfilled.
- The Procedure Date Booking Form may be signed in paper or electronic form, including through an e-signature tool or another means of electronic communication that enables the content of the legal act to be recorded and the person acting to be identified.
- Unless the Procedure Date Booking Form expressly provides otherwise, the rights and obligations arising from it shall be governed by these GTC.
Article 6: Procedure Date Allocation Fee
- If, after the Consultation, the Client wishes to continue towards performance of the Procedure and enters into the Procedure Date Booking Form, the Client shall pay the Procedure Date Allocation Fee, unless the Clinic expressly provides otherwise.
- The amount of the Procedure Date Allocation Fee shall be governed by the Clinic’s price list in force on the date on which the Procedure Date is allocated, unless the Clinic and the Client expressly agree otherwise in a particular case.
- The Procedure Date Allocation Fee is payable within the period stated in the Procedure Date Booking Form, in the Clinic’s communication or in a payment request. If no such period is stated, the Procedure Date Allocation Fee is payable within 5 days after the Procedure Date Booking Form is entered into.
- The Procedure Date Allocation Fee:
- is a separate payment for administrative, organisational and capacity-related arrangements for further preparation of the Procedure,
- is a condition for allocation of the Procedure Date to the Client,
- is non-refundable, except in cases expressly provided in these GTC,
- will be credited towards the total Procedure price if the Procedure is performed.
- If the Procedure Date Allocation Fee is not paid properly and on time, no Procedure Date will be allocated to the Client and the preparation process for the Procedure shall end without further notice, unless the Clinic determines otherwise.
- Payment of the Procedure Date Allocation Fee entitles the Client to the allocation of a specific Procedure Date.
- By entering into the Procedure Date Booking Form and paying the Procedure Date Allocation Fee properly and on time, the Client proceeds with the binding allocation of a Procedure Date under these GTC.
- Unless the Procedure Date Booking Form or a communication from the Clinic expressly provides otherwise, payment of the Procedure Date Allocation Fee is a condition for allocation of the Procedure Date and for continuation of the process.
Article 7: Allocation of the Procedure Date
- The Procedure Date is confirmed to the Client only upon due and timely payment of the Procedure Date Allocation Fee.
- After the Procedure Date has been allocated, the Clinic shall send the Client a Confirmation E-mail or other message, usually confirming allocation of the Procedure Date and, where applicable, requesting the Client to communicate time preferences.
- The Client may communicate time preferences to the Clinic, in particular preferred months or date limitations. Such preferences are for information only and are not binding on the Clinic.
- The Procedure Date shall be determined solely by the Clinic, having regard in particular to:
- the capacity of the operating programme,
- the Client’s health condition,
- the type, scope and professional complexity of the Procedure,
- the results of pre-operative preparation and examinations.
- Once the Clinic determines a specific Procedure Date, it shall send the Client a Confirmation E-mail containing in particular:
- the date and time of the Procedure,
- basic information on the next steps, in particular the draft Procedure Agreement, the obligation to pay the Procedure Deposit and, subsequently, the Procedure Balance.
- The Client acknowledges that allocation of a Procedure Date does not create any right to enter into the Procedure Agreement on a specific date or any right to performance of the Procedure unless all further conditions set out in these GTC, the Procedure Agreement, the medical documentation and the Clinic’s instructions have been fulfilled.
- In exceptional cases, the Clinic may also change the time of the Procedure on the Procedure Date if required by the current operational or medical situation. The Clinic shall inform the Client of any such change without undue delay.
- After allocation of the Procedure Date, the Clinic may send the Client a draft Procedure Agreement and other related documentation.
- Together with the Procedure Date, the Clinic may also determine the form of care to be provided, in particular whether the Procedure will be performed on an outpatient basis, within One-Day Care or within Inpatient Care, having regard to the type and scope of the Procedure, the Client’s health condition and the Clinic’s professional assessment.
- The Client acknowledges that the communication concerning the Procedure Date may also specify the date of Admission to Care, the expected duration of the Stay in Care and the indicative date of Discharge from Care.
- Any information on the expected duration of the Stay in Care and the indicative date of Discharge from Care is preliminary only. The actual duration of the Stay in Care and the timing of Discharge from Care shall be decided by the Clinic according to the Client’s current health condition and the professional assessment of the attending physician.
Article 8: Procedure Agreement
- After allocation of the Procedure Date, or at another stage determined by the Clinic, a draft Procedure Agreement will usually be sent to the Client. The Procedure Agreement is an individual contractual document which follows the Procedure Date Booking Form and these GTC.
- The Procedure Agreement usually contains identification of the Client and the Clinic, the expected Procedure, the price or price range, the basic scope of the Procedure, payment terms, a reference to these GTC and any other individual arrangements relating to the specific case.
- The Procedure Agreement may be signed in paper or electronic form, including through an e-signature tool or another means of electronic communication that enables the content of the legal act to be recorded and the person acting to be identified.
- By entering into the Procedure Agreement, the contractual relationship between the Clinic and the Client is specified in relation to the particular Procedure, its price and the related payment terms. This is without prejudice to the application of these GTC, unless the Procedure Agreement expressly provides otherwise.
- Unless the Procedure Agreement expressly provides otherwise, the description of the Procedure stated in the Procedure Agreement shall be deemed to refer to the expected Procedure. The Procedure may be adjusted or changed in connection with the Client’s health condition, examination results, the course of pre-operative preparation or other professional circumstances.
- The Procedure Agreement does not replace informed consent or any other medical documentation. Signing, providing or completing those documents may be a condition for performance of the Procedure.
- If the Client does not enter into the Procedure Agreement properly and on time, or if the Client fails to fulfil payment obligations arising from it, the Clinic may discontinue preparation of the Procedure, refrain from determining or holding the Procedure Date, exclude the Client from the Procedure Date allocation process or determine a new Procedure Date.
Article 9: Informational Communication and Pre-operative Procedure
- The Clinic may send the Client informational, organisational and contractual e-mails or other messages relating to preparation of the Procedure, including information on allocation of the Procedure Date, a draft Procedure Agreement, pre-operative preparation instructions, a list of required examinations, requests to confirm cooperation, payment requests for the Procedure Deposit and the Procedure Balance and other instructions relating to performance of the Procedure.
- Such messages are organisational and informational in nature. Failure to send any individual informational message does not, in itself, release the Client from the obligation to fulfil the Client’s payment and cooperation obligations under these GTC.
- The Client acknowledges that the required Pre-operative Examinations shall be arranged by the Client at the Client’s own expense. The Client shall provide the Clinic with the results of the required Pre-operative Examinations no later than 10 days before the Procedure Date, unless the Clinic expressly determines another period.
- If the Client fails to provide the results of the required Pre-operative Examinations or other documents required by the Clinic properly and on time pursuant to Section 9.3 of these GTC, the Clinic is not required to perform the Procedure on the original Procedure Date and may determine a replacement Procedure Date for the Client. This is without prejudice to the assessment of any other rights and obligations of the parties under these GTC.
- Pre-operative preparation also includes the Client’s obligation to obtain and provide to the Clinic, within the specified period, all other documents, records, examination results and confirmations required by the Clinic or the attending physician for the safe performance of the Procedure.
- The Client shall provide the Clinic with the required documents, examination results and other materials in original form or in another form expressly accepted by the Clinic.
- The Client acknowledges that pre-operative preparation may also include other individual requirements communicated by the Clinic or the attending physician, including restrictions on the use of medicinal products, dietary and regimen measures, arranging an accompanying person, use of compression garments or other steps necessary for the safe performance of the Procedure.
- The Client acknowledges that proper and timely completion of pre-operative preparation is a condition for performance of the Procedure.
- The Clinic may assess the completeness, accuracy and sufficiency of the documents and examination results provided. If the Clinic or the attending physician considers that pre-operative preparation has not been completed properly or in full, the Clinic is not required to perform the Procedure on the original Procedure Date. The Clinic is not required to verify the authenticity of documents and/or records submitted by the Client. The Client is responsible for the authenticity of such documents.
- The Clinic may also determine dates for the Client’s Post-operative Check-ups and other related acts. The Client acknowledges that Post-operative Check-ups are usually necessary for proper healing and professional assessment of the result of the Procedure.
- As part of pre-operative preparation, the Clinic may also give the Client instructions regarding Admission to Care, arrival at the Facility, the Care Regimen for the Stay in Care, requirements for an accompanying person, personal items needed for the Stay in Care and other organisational matters relating to One-Day Care or Inpatient Care.
- The Client shall attend Admission to Care at the specified time, at the designated Facility and subject to fulfilment of all conditions communicated by the Clinic or the attending physician.
Article 10: Procedure Deposit
- The Client shall pay the Procedure Deposit in the amount of 40% of the Procedure price.
- The Procedure Deposit is payable within the period stated in the Procedure Agreement, in the Confirmation E-mail, in the Clinic’s payment request or in another communication from the Clinic. If no such period is stated, the Procedure Deposit is payable within 7 days after delivery of the Clinic’s payment request.
- If the Procedure Deposit is not paid properly and on time, the Clinic may in particular:
- not enter into the Procedure Agreement with the Client if it has not yet been entered into,
- not continue preparing the Procedure,
- not determine or no longer hold the booked Procedure Date,
- exclude the Client from the procedure date allocation process,
- retain the Procedure Date Allocation Fee already paid, to the extent and under the conditions set out in these GTC.
- If the Client pays the Procedure Deposit and subsequently, for reasons attributable to the Client, refuses to enter into the Procedure Agreement, withdraws from the Procedure, fails to provide cooperation or otherwise frustrates performance of the Procedure, the amounts paid shall be dealt with in accordance with Articles 10, 11 and 12 of these GTC.
Article 11: Procedure Balance
- The Client shall pay the Procedure Balance by bank transfer no later than 7 days before the Procedure Date, unless the Procedure Agreement, the Confirmation E-mail, a payment request from the Clinic or another communication from the Clinic provides otherwise.
- When calculating the Procedure Balance, the following shall be credited:
- the Procedure Date Allocation Fee,
- the paid Procedure Deposit.
- If the Procedure Balance is not paid properly and on time and the Clinic has not expressly approved another payment arrangement for the Client, the Clinic may:
- not perform the Procedure,
- no longer hold the Procedure Date,
- determine a replacement Procedure Date or exclude the Client from the process,
- retain the amounts already paid as compensation for administrative, organisational, capacity-related and preparatory costs incurred in connection with the Procedure and the blocked capacity,
- proceed further pursuant to Articles 11 and 12 of these GTC.
- If the Client remains interested in the Procedure after the procedure described in Section 11.3 of these GTC, the Client shall repeat the entire booking process, including fulfilment of the then-current payment terms, unless the Clinic expressly determines otherwise in a particular case, in particular if the Clinic decides that certain payments already made, or part of them, will also be credited towards a newly determined Procedure Date.
- The Clinic may, but is not required to, offer the Client a new Procedure Date. Any offer of a new Procedure Date is at the Clinic’s sole discretion and does not establish any practice or future entitlement of the Client.
- In exceptional cases, the Clinic may permit the Client to use a different arrangement for payment of the Procedure Balance, including payment on the Procedure Date. Such permission must be expressly communicated to the Client by the Clinic and does not establish any practice or future entitlement of the Client.
Article 12: Cancellation of Procedure Date, Failure to Provide Cooperation and Reasons on the Client’s Side
- The Client shall provide the Clinic with true, complete and timely information about the Client’s health condition and all other cooperation reasonably required by the Clinic.
- For the purposes of these GTC, reasons attributable to the Client include, without limitation:
- failure to disclose, or concealment of, material information about the Client’s health condition,
- failure to undergo required examinations or provide their results within the specified period,
- failure to provide required cooperation,
- failure to make any due payment properly and on time,
- cancellation or refusal of the Procedure by the Client,
- failure to attend the Procedure or a related act without a proper excuse,
- ailure to comply with pre-operative preparation instructions,
- attending the Procedure with obvious contraindications or in a condition that does not allow safe performance of the Procedure,
- attending while under the influence of alcohol, narcotic or psychotropic substances,
- repeated change of the Procedure Date without a relevant reason, in particular where the Client changes the Procedure Date at least twice,
- failure to enter into the Procedure Agreement or other mandatory documentation within the period determined by the Clinic,
- failure to give, or withdrawal of, informed consent at a time when this frustrates or postpones performance of the Procedure, without the conditions for refund of the amounts paid under these GTC being met,
- failure to provide required documents, examination results, confirmations or other materials in original form or in another form accepted by the Clinic, where their submission is a condition for safe performance of the Procedure,
- failure to fulfil other individual pre-operative preparation requirements communicated by the Clinic or the attending physician,
- failure to attend Admission to Care at the specified time or at the designated Facility,
- breach of the One-Day Care or Inpatient Care regimen, in particular leaving the Facility without the knowledge or consent of a healthcare professional,
- failure to arrange the recommended accompanying person or another person after Discharge from Care, where required by the Client’s health condition or the Clinic’s instructions.
- If the Procedure is cancelled, not performed or postponed for reasons attributable to the Client after signing the Procedure Date Booking Form or after entering into the Procedure Agreement, the Clinic may retain amounts already paid, including in particular the Procedure Date Allocation Fee and the Procedure Deposit. Those amounts compensate the Clinic for costs already incurred, reserved capacity, blocked procedure time, preparations carried out and other performance already provided to the Client, and the Client shall not be entitled to their refund.
- This is without prejudice to the Clinic’s right to claim compensation for damage from the Client to the extent such damage exceeds the amounts retained, if such damage arises from the Client’s breach of obligations.
Article 13: Reasons on the Clinic’s Side
- The Clinic may refrain from performing the Procedure or may change or cancel the Procedure Date if a circumstance arises that prevents the safe or proper performance of the Procedure, in particular for reasons attributable to the Client within the meaning of Article 12 of these GTC or for reasons attributable to the Clinic.
- If the Procedure is cancelled, not performed or postponed for reasons attributable to the Client within the meaning of Article 12 of these GTC, the Clinic is not required to offer the Client a replacement Procedure Date, but may determine a new date at its own discretion. The Clinic may also exclude the Client from the Procedure Date allocation process. In such case, amounts already paid shall be assessed according to their nature, in particular as payment for services already provided, administrative and organisational costs, reserved capacity of the Clinic and blocked Procedure Date
- If the Procedure Date is cancelled or changed for reasons not attributable to the Client, the Clinic shall generally offer the Client a replacement Procedure Date. If this is not possible or the Client is not interested in a replacement Procedure Date, the Clinic shall refund the Client the amounts already paid to the extent they do not correspond to performance already provided or to costs already used, in accordance with these GTC, for separately provided performance.
- If the Client has already received the Consultation or other separately charged performance, the Client shall not be entitled to a refund of the payment for such performance.
Article 14: Pre-operative Preparation and Informed Consent
- The Client shall undergo all Pre-operative Examinations required by the Clinic and comply with the Clinic’s pre-operative preparation instructions.
- The Client acknowledges that fulfilment of payment obligations alone does not create any right to performance of the Procedure unless the medical and professional requirements for its safe performance have been met.
- Performance of the Procedure is conditional upon the granting of the relevant informed consent in accordance with the laws and regulations governing health services. The Client acknowledges that such consent may be withdrawn within the limits of the law, and that the consequences of such withdrawal for the agreed organisational and payment arrangements shall be assessed in accordance with these GTC and the nature of the performance already provided or reserved.
- The Client acknowledges that, before granting informed consent, the Client must have sufficient time to become familiar with the Procedure Information, to consider the proposed course of action and to ask the attending physician or the Clinic any additional questions.
- The Client confirms that the Client shall inform the Clinic of all material facts concerning the Client’s health condition, medicinal products used, previous diseases, allergies and other facts relevant to the safe performance of the Procedure, truthfully, completely and without undue delay whenever they change.
- The Client shall attend the Pre-operative Examination, the Procedure and Post-operative Check-ups properly and on time and shall comply with the instructions of the Clinic and the attending physician relating to pre-operative preparation, the post-operative regimen, use of medicinal products, restrictions in ordinary life and further follow-up care.
- If the Client fails to attend a Post-operative Check-up or another follow-up act determined by the attending physician, the Clinic shall not be liable for any deterioration in the Client’s health condition, healing process or result of the Procedure, or for any claims of the Client, to the extent that such consequences could have been prevented or mitigated by professional intervention or advice provided at such check-up.
- The Client acknowledges that, in justified cases, an expected time of departure from the Facility may be determined after the Procedure according to the Client’s current health condition. The Clinic may adjust that time based on the professional assessment of the attending physician.
- Where relevant or necessary, after the Procedure the Client shall use compression garments, undergo further recommended treatment or comply with other individual instructions relating to follow-up care.
- The Client acknowledges that the description of the Procedure stated in the Procedure Date Booking Form, Procedure Agreement, Procedure Information or medical documentation is always a description of the expected Procedure, which may be adjusted or changed in connection with the Client’s health condition, examination results, the course of preparation or other professional circumstances.
- The Client acknowledges that pre-operative preparation, provision of required documents and examinations, provision of true and complete information about the Client’s health condition and compliance with further instructions of the Clinic or the attending physician are essential conditions for the safe performance of the Procedure.
- The Client acknowledges that entering into the Procedure Agreement or making individual payments does not create any right to performance of the Procedure unless all conditions of pre-operative preparation and all medical, professional, organisational and documentation requirements for its safe performance have been met. The Client also acknowledges that, depending on the nature of the Procedure and the Client’s health condition, the Client may be placed in One-Day Care or Inpatient Care after the Procedure, including for a period longer than originally expected.
- During One-Day Care or Inpatient Care, the Client shall follow the instructions of the Clinic and its healthcare staff, comply with the established rules of the Facility, refrain from leaving the Facility without the consent of a healthcare professional and provide all necessary cooperation.
- The Client acknowledges that the timing of Discharge from Care shall be decided by the Clinic according to the Client’s current health condition and the professional assessment of the attending physician.
- The Client shall arrange, after Discharge from Care, an accompanying person or another person to provide the Client with necessary assistance where required by the Client’s health condition or the Clinic’s instructions.
- Leaving the Facility against the Clinic’s recommendation or without the consent of a healthcare professional may be recorded in the medical documentation and may be taken into account when assessing responsibility for the further course of healing, recovery and the result of the Procedure.
Article 15: Communication and Delivery
- The Client agrees that communication relating in particular to the Procedure Date Booking Form, allocation of a Procedure Date, payment requests, pre-operative preparation, the sending of the Procedure Agreement and other documentation shall take place primarily by e-mail.
- An e-mail message shall be deemed delivered when sent to the e-mail address provided by the Client when making the order or subsequently communicated by the Client to the Clinic, unless the Client proves that delivery was technically impossible for reasons not attributable to the Client.
- The Client shall keep the Client’s e-mail address up to date and shall check the e-mail inbox regularly. The consequences of any failure to do so shall be borne by the Client.
- The Clinic may also contact the Client by telephone or SMS if appropriate for organisational or operational reasons.
- The Clinic may send contractual and other documents to the Client for confirmation or signature by electronic means, including through e-signature tools, e-mail, confirmation by one-time code or another similar technical solution that enables the content of the legal act to be recorded and the person acting to be identified.
- The Client acknowledges that the Procedure Date Booking Form, the Procedure Agreement and other documents sent by the Clinic in electronic form may be entered into or confirmed remotely and that such legal acts shall have the same effect as if made in paper form, provided that the nature of the document and applicable laws and regulations permit this.
Article 16: Payment Terms
- All payments under these GTC shall be made by bank transfer to the Clinic’s bank account specified in the relevant payment request, unless another payment method has been agreed.
- When making a payment, the Client shall state the correct identifying details, in particular the variable symbol or other identifier communicated by the Clinic.
- If a payment is not properly identified, the Clinic shall not be liable for any delay or other consequences arising from the payment not being attributable to the Client or to the specific case.
- The Clinic may credit any amount paid by the Client first towards the Client’s earliest due monetary obligation to the Clinic, unless the Clinic determines otherwise.
- Nothing in these GTC shall be interpreted as requiring the Clinic to provide the Procedure or any related health service before all payments due under these GTC, the Procedure Date Booking Form, the Procedure Agreement or another communication from the Clinic have been paid in full, unless the Clinic expressly provides otherwise.
Article 17: Liability, Limitation of Claims and Nature of Performance
- The Procedure Date Allocation Fee, the Procedure Deposit and the Procedure Balance constitute separate performances in different phases of the process of preparing and performing the Procedure.
- The Client acknowledges that payments under these GTC cover not only the future price of the Procedure itself, but also professional services already provided, administrative and organisational acts, reserved capacity, blocked appointment time and other related costs of the Clinic.
- Any claim of the Client for refund of amounts already paid shall always be assessed according to the nature of the particular performance, the stage of the process and the reason why the Procedure was not performed.
- The Clinic is liable for the professional and proper provision of health services, not for achieving any specific aesthetic result subjectively expected by the Client.
- The result of the Procedure depends in particular on the Client’s health condition, anatomical characteristics, healing, compliance with the post-operative regimen and other circumstances which the Clinic cannot fully control.
- The price communicated during the Consultation is an expected price. The final price may change if required by the Client’s health condition, the scope of the Procedure or the need for additional procedures.
- The Clinic may refrain from performing the Procedure or may postpone it if the Client fails to comply with pre-operative preparation instructions or fails to provide the required cooperation.
- The Clinic is not liable for non-delivery of e-mail communication caused by circumstances on the Client’s side, in particular the provision of an incorrect or outdated e-mail address or failure to check the e-mail inbox.
- The Clinic is not liable if the Procedure cannot be performed on the original date due to extraordinary operational circumstances or other unforeseeable circumstances.
- The Clinic provides health services to the appropriate professional standard, that is, in accordance with the rules of science and recognised medical procedures, while respecting the individuality of the Client and having regard to the specific conditions and objective possibilities.
- The Client acknowledges that the Procedure Date Booking Form, the Procedure Agreement, the Procedure Information, informed consent and other medical documentation may regulate different aspects of the same case. In the event of any conflict, they shall be interpreted so as to preserve their joint effect, and any specific individual arrangement shall prevail over a general provision of these GTC, but only to the extent of an express deviation.
- The Clinic is not liable if the Procedure cannot be performed on the original Procedure Date, or for any related consequences, to the extent caused by the Client’s failure to fulfil pre-operative preparation obligations properly and on time, failure to provide required documents, examination results or other materials, or provision of false, incomplete or outdated information.
- The Clinic does not guarantee that the Stay in Care will not exceed the originally anticipated duration or that Discharge from Care will occur on the originally anticipated date. The Clinic shall not be liable for any extended Stay in Care or delayed Discharge from Care where such extension or delay is justified by the Client’s health condition or by the professional assessment of the attending physician.
- The Clinic is not liable for complications, harm or deterioration of the result of the Procedure to the extent caused by the Client’s breach of the One-Day Care or Inpatient Care Regimen, leaving the Facility without the consent of a healthcare professional, failure to arrange the recommended accompanying person or failure to attend scheduled Post-operative Check-ups.
Article 18: Confidentiality of Selected Information and Client Communications
- The Client acknowledges that, when providing health services, the Clinic is bound by statutory confidentiality obligations to the extent required by applicable laws and regulations.
- The Client undertakes to keep confidential the individually agreed Procedure price, any individual discounts, commercial terms agreed otherwise than under the standard price list, non-public price offers and other individual commercial arrangements between the Clinic and the Client, unless the Clinic expressly provides otherwise.
- The Client further undertakes not to disclose or otherwise make available to any third party non-public information concerning the Clinic’s internal procedures, non-public forms, pricing methods, know-how, internal organisation or other facts constituting the Clinic’s confidential information or trade secrets.
- The Client shall not, without legal grounds, disclose or otherwise make available personal data of healthcare professionals, employees of the Clinic, other clients or third parties which the Client has become aware of in connection with the provision of health services.
- The Client acknowledges that the ongoing healing process, post-operative swelling, bruising, temporary asymmetries, unhealed wounds or any other transitional phase of recovery does not constitute the final result of the Procedure. If the Client publishes such transitional condition without at the same time explaining its transitional nature, the Client does so at the Client’s own risk.
- If the Client has concerns regarding the manner in which health services are provided, the course of healing or the result of the Procedure, the Client undertakes first to contact the Clinic and provide it with a reasonable opportunity to give a professional response, examine the Client’s health condition and, where appropriate, propose further steps. This is without prejudice to the Client’s right to exercise the Client’s rights by lawful means.
- If the Client breaches an obligation under Sections 18.2 to 18.4 of these GTC, the Client shall pay the Clinic a contractual penalty of CZK 50,000 for each individual breach. This is without prejudice to the Clinic’s right to compensation for damage to the extent such damage exceeds the contractual penalty. The contractual penalty constitutes an independent claim irrespective of whether any damage has occurred.
Article 19: Out-of-Court Dispute Resolution and Consumer Information
- If the Client is a consumer, the relationship between the Clinic and the Client shall be subject to the applicable consumer protection laws to the extent applicable to that legal relationship.
- The Client acknowledges that the right to out-of-court settlement of a consumer dispute under the Consumer Protection Act generally does not apply to contracts concluded in the field of health services provided to patients by healthcare professionals for the purpose of providing health care.
- This is without prejudice to the right of the parties to resolve any dispute before the courts.
Article 20: Final Provisions
- These GTC shall enter into force and effect on 1 May 2026.
- The Clinic may amend or supplement these GTC unilaterally. For any specific legal relationship, the version of the GTC effective on the date on which the Client sends the relevant order shall apply, unless the Clinic and the Client agree otherwise in writing.
- If any provision of these GTC is invalid, ineffective or unenforceable, this shall not affect the validity and effectiveness of the remaining provisions.
- Any legal relationships not regulated by these GTC shall be governed by the laws of the Czech Republic. If these GTC are made available in more than one language, the Czech version shall prevail in the event of any discrepancy.
Article 21: Personal Data Protection Notice
- The provisions of this Article constitute a separately severable part of these GTC governing the processing and protection of the Client’s personal data. They may also be provided or made available to the Client separately, without prejudice to their binding effect as part of these GTC.
- The Clinic, as the controller of personal data, processes the Client’s personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), Act No. 110/2019 Coll., on Personal Data Processing, and other applicable laws and regulations. Where personal data relating to the Client’s health condition are concerned, the Clinic also processes special categories of personal data to the extent necessary for the provision of health services, keeping of medical documentation and fulfilment of the Clinic’s related legal obligations.
- The controller of personal data is VVV CLINIC s.r.o., Company ID No.: 054 30 593, with its registered office at Kounicova 290/51, Veveří, 602 00 Brno, registered in the Commercial Register maintained by the Regional Court in Brno under file no. C 95299.
- The Clinic processes, in particular, the following personal data of the Client:
- identification data, in particular name, surname, title, date of birth and birth identification number
- contact details, in particular address, delivery address, e-mail address and telephone number,
- data on the contractual and procedural relationship between the Clinic and the Client,
- data on the Client’s health condition and other data contained in the medical documentation,
- data arising from communication between the Client and the Clinic.
- The Clinic processes the Client’s personal data in particular for the following purposes:
- negotiating and entering into a contractual relationship,
- performance of the contractual relationship between the Clinic and the Client,
- provision of health services and keeping of medical documentation,
- fulfilment of the Clinic’s legal obligations,
- protection of the Clinic’s legitimate interests,
- organisational and operational communication with the Client.
- The legal bases for processing the Client’s personal data include, in particular:
- negotiating and entering into a contractual relationship,
- fulfilment of the Clinic’s legal obligations,
- provision of health services
- the Clinic’s legitimate interests,
- the Client’s consent, where consent is actually required.
- The Client acknowledges that the provision of personal data to the extent necessary for entering into and performing the contractual relationship and for the provision of health services is necessary for entering into the contractual and treatment relationship with the Clinic.
- The Client’s personal data may be disclosed or transferred only to persons who need to know them for the above purposes, in particular:
- employees and cooperating healthcare professionals of the Clinic,
- contractual partners of the Clinic providing partial administrative, technical or organisational services,
- other health service providers, where necessary,
- public authorities, where required by law.
- The Clinic shall retain the Client’s personal data for the period necessary to fulfil the relevant processing purpose and thereafter for the period prescribed by applicable laws and regulations. After expiry of the relevant period, the Clinic shall destroy or anonymise the personal data.
- The Clinic shall adopt appropriate technical, organisational and personnel measures to protect the Client’s personal data.
- To the extent provided by applicable laws and regulations, the Client has in particular the right to:
- request access to the Client’s personal data,
- request rectification of inaccurate or incomplete personal data,
- request erasure of personal data,
- request restriction of processing of personal data,
- object to processing of personal data,
- request portability of personal data,
- withdraw consent to processing of personal data,
- lodge a complaint with the Office for Personal Data Protection.
- The Client may exercise the Client’s rights against the Clinic in writing, electronically or in another demonstrable manner.
- Where the Client’s consent is required for any specific purpose of personal data processing, such consent shall be given separately and independently of these GTC.
