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Všeobecné obchodné podmienky

COOPERATION AGREEMENT

concluded pursuant to Section 51 of Act No. 40/1964 Coll., the Civil Code

Provider:

Business Name: Pastel Care Group s.r.o.

Registered Office: Šustekova 51, 851 04 Bratislava

Company ID No.: 56 051 964

Registered In: Obchodný register Mestského súdu Bratislava III, oddiel Sro, vložka č. 175869/B

IBAN: SK79 0200 0000 0049 2256 6359

(hereinafter referred to as the “Provider”)

(the Client and the Provider are hereinafter jointly referred to as the “Parties”)

In accordance with Section 51 of the Civil Code, the Client and the Provider enter into this Cooperation Agreement (hereinafter referred to as the “Agreement”).

ARTICLE I  |  PREAMBLE

Pursuant to Decision No. 7561/2024/ZDR-4 of the Bratislava Self-Governing Region dated 25 April 2024, and in accordance with Section 11(2)(a) of Act No. 578/2004 Coll. on Healthcare Providers, Healthcare Professionals and Professional Organisations in Healthcare and on Amendments to Certain Acts, as amended (hereinafter referred to as the “Act”), the Provider operates a general outpatient clinic for children and adolescents at Landererova 8, 811 09 Bratislava, Slovak Republic (hereinafter referred to as the “Clinic”).

ARTICLE II  |  SUBJECT MATTER OF THE AGREEMENT

  1. At the Client’s request, the Parties enter into this Agreement, the subject matter of which is the provision of healthcare not covered from public health insurance funds pursuant to Act No. 477/2004 Coll. on the Scope of Healthcare Covered by Public Health Insurance and on Payments for Services Related to the Provision of Healthcare, as amended (hereinafter referred to as the “Act on the Scope of Healthcare”), and other services not related to the provision of healthcare within the meaning of the Act.
  2. The subject matter of the Agreement is the Provider’s obligation, for the term and effectiveness of the Agreement, to provide the Client with healthcare that is not fully covered by public health insurance pursuant to the Act on the Scope of Healthcare (hereinafter referred to as “Non-Covered Healthcare”) and other services not related to the provision of healthcare within the meaning of the Act (hereinafter referred to as “Other Services”), and the Client’s obligation to pay the Provider the fee for the provision of Non-Covered Healthcare and/or Other Services in accordance with the Provider’s price list (hereinafter referred to as the “Subject Matter of the Agreement”).
  3. Based on the Provider’s offer, the Client has selected the BASIC / EXCLUSIVE / BABY BUNDLE service package. A more detailed specification of the services included in each package is set out in Article V of this Agreement.

ARTICLE III  |  PRICE AND PAYMENT TERMS

  1. The Parties agree that, for one calendar year of the provision of Non-Covered Healthcare and/or Other Services, the Client shall pay the amount specified in the Provider’s price list that is valid and effective on the date on which the healthcare agreement between the Provider and the Client is concluded and/or on the anniversary of the conclusion of the agreement between the Provider and the Client (hereinafter referred to as the “Price List”).
  2. The Parties agree that the Price List is available for inspection at the place where Non-Covered Healthcare and/or Other Services are provided and on the Provider’s website.
  3. The Parties agree that the amount payable for the provision of Non-Covered Healthcare and/or Other Services under the Price List may be changed unilaterally by the Provider without prior notice to the Client. If the Price List is changed, the Provider shall update the new amount on its website without undue delay. The new amount shall not affect a membership purchased by the Client for 12 months; in such a case, the amount shall remain unchanged until the final day of the purchased annual membership.
  4. If the Client does not agree with a change to the Price List for the following year, the Client may withdraw from the Agreement no later than the final day before the planned renewal of membership for the following year. The Client shall notify the Provider of the withdrawal at least one day before the anniversary of the conclusion of the Agreement by using the designated form available in the Client’s user account on the Provider’s website. If the Client notifies the Provider of disagreement with the new Price List only after the annual membership has been automatically renewed for the following year, the Client shall pay the Provider the new amount specified in the Provider’s new Price List for the provision of Non-Covered Healthcare and/or Other Services for the entire following year after the nearest anniversary of the conclusion of the Agreement. The amended price under the new Price List shall always be binding on the Client from the beginning of the next billing period.
  5. The Client undertakes to pay the amount for the provision of Non-Covered Healthcare and/or Other Services at the time of registration on the Provider’s website by credit or debit card, or in person at the Provider’s Clinic in cash or by credit or debit card. The Client may choose payment by annual subscription or by regular monthly instalments. If regular monthly instalments are selected, they shall be charged automatically to the Client’s credit or debit card. If an annual payment is selected for the provision of Non-Covered Healthcare and/or Other Services, the amount shall be charged automatically on the first anniversary of the Client’s registration, thereby automatically renewing the Agreement. If the price of Non-Covered Healthcare and/or Other Services is paid in cash, payment is possible only by annual subscription; monthly instalments are not available. The Provider shall notify the Client, by an email sent to the email address provided by the Client and through the Client’s user account on the Provider’s website, that the anniversary of the conclusion of the Agreement is approaching. The Provider shall notify the Client 30 days before the Agreement between the Provider and the Client is renewed. The Client’s user account on the Provider’s website shall contain all necessary information on how to renew the membership and the amount of the new fee. The Provider shall also inform the Client of the option to withdraw from the Agreement if the Client does not agree with the change to the Price List or does not wish to continue receiving healthcare from the Provider.
  6. Membership term and commitment where monthly payment is selected. By purchasing a membership from the Provider, the Client enters into a fixed 12-month membership commitment, irrespective of whether the Client chooses payment by annual payment or by regular monthly instalments. The selection of monthly instalments does not alter or shorten the binding 12-month membership term; it determines only the method and frequency of payment. The Client is not entitled to terminate the membership before the expiry of the 12-month period. If the Client requests cancellation of the membership or otherwise terminates it early, the Client remains obliged to pay all remaining monthly instalments until the end of the 12-month period. In such a case, the Client shall either pay the entire outstanding amount in one lump sum or continue paying the regular monthly instalments until the entire 12-month commitment has expired.
  7. If the Client fails to pay the amount due for the provision of Non-Covered Healthcare and/or Other Services for the relevant calendar year properly and on time, the Provider is entitled to require the Client to pay default interest at the rate prescribed by generally binding legislation of the Slovak Republic. The Client acknowledges and agrees to the foregoing.

ARTICLE IV  |  RIGHTS AND OBLIGATIONS OF THE PARTIES

  1. In connection with the performance of the Subject Matter of the Agreement, the Client is entitled to have the Provider perform, without any additional fee, all healthcare procedures that are not covered or are only partially covered by a health insurance company and that are listed in Government Regulation No. 777/2004 Coll., issuing the List of Diseases for Which Healthcare Procedures Are Partially Covered or Not Covered by Public Health Insurance, as amended.
  2. The Client undertakes to comply with the Provider’s operating and organisational rules for the provision of healthcare, as well as the treatment regimen and professional recommendations of the Provider.
  3. The Parties agree that the Client shall book individual healthcare procedures free of charge for a specific time electronically through the Provider’s booking system, which shall be available to a Client registered on the Provider’s website. The Client may cancel a booking no later than 24 hours before the booked healthcare appointment or reschedule it no later than 12 hours before the booked healthcare appointment. If the Client cancels later than 24 hours before the booked time, reschedules later than 12 hours before the booked time, or fails to attend the booked appointment, the Client shall be charged a fee of EUR 30, which shall be charged automatically to the credit or debit card added during registration. A Client who paid the annual fee in cash shall pay the cancellation, rescheduling or non-attendance fee into the Provider’s bank account within seven calendar days of the date of the appointment booked by the Client.
  4. The Parties agree that the Client may cancel or reschedule a booking for the Provider’s evening clinic no later than 12 hours before the booked healthcare appointment without any fee. If the Client cancels or reschedules the booking later than 12 hours before the booked evening-clinic appointment, or fails to attend the booked appointment, the Client shall be charged a fee equal to the amount paid for booking the evening-clinic appointment. This fee shall be retained from the fee paid when the evening-clinic appointment was booked. A Client who is not registered with the Provider is not entitled to a refund of the amount paid for the evening-clinic appointment if the booking is cancelled or rescheduled.
  5. Only patients who are registered on the Provider’s website and who, as of the booking date, have properly and fully paid the annual fee for the provision of Non-Covered Healthcare and/or Other Services may book individual healthcare procedures free of charge. Patients who have not properly and fully paid the annual fee for the provision of Non-Covered Healthcare and/or Other Services may book individual healthcare procedures no more than two weeks in advance and only in person at the Provider’s Clinic.
  6. The Client agrees that the Provider’s registration system is operated and provided by Noble Solutions s.r.o., Company ID No. 56 225 130, with its registered office at Šustekova 51, 851 04 Bratislava (hereinafter referred to as “Noble Solutions”). The Client agrees that Noble Solutions is entitled to charge the Client monetary fees for operating and providing the Provider’s registration system.
  7. If the Client fails to pay the amount due for the provision of Non-Covered Healthcare and/or Other Services for the relevant calendar year properly and on time, the Provider is entitled to withdraw from the Agreement.
  8. Either Party must withdraw from the Agreement through the user section of the Provider’s website. Upon withdrawal, the Agreement terminates and neither Party is entitled to a refund of any unused portion of the payment for the provision of Non-Covered Healthcare or Other Services.
  9. The Provider and the Client agree that documents between them shall be delivered electronically through the Client’s private account on the Provider’s website and/or by email. A document sent electronically must be in the form of a legible document or text in the body of an email.
  10. For the avoidance of doubt, any communication sent electronically by one Party to the other Party shall be deemed delivered to the addressee upon the expiry of 24 hours from the time the electronic message is sent to the other Party’s last known email address.

ARTICLE V  |  SERVICE PACKAGES

Based on the Provider’s offer, the Client has selected the BASIC / EXCLUSIVE / BABY BUNDLE membership package.

BASIC MEMBERSHIP
• Unlimited access to our pediatric clinic.
• Ability to book appointments online and by phone.
• Appointments scheduled for a specific time.
• Appointment notifications by email and SMS.
• Access to electronic prescriptions.
• Access to modern testing that enables rapid diagnosis of viral and bacterial infections.
• Priority access to new services, technologies, and treatment options available at our clinic.
• Reduced fees for visits to our evening clinic.
• Discounted vouchers for selected children’s activities at partner centres we collaborate with.
• Ability to reschedule or cancel a booked appointment in advance.

EXCLUSIVE MEMBERSHIP
• All benefits of the Basic Membership.
• Priority appointments.
• Direct consultation with a doctor or nurse by phone or email.
• Medical fitness certificates for school and travel purposes included in the membership fee.
• Exclusive healthcare workshops and seminars covering a variety of topics important to parents at a discounted rate.
• Access to appointments with a lactation consultant for an additional fee.
• Electronic delivery of password-protected specialist referrals and X-ray and ultrasound requisitions, which can be printed at home with the pediatrician’s stamp and signature.

BABY BUNDLE MEMBERSHIP
• All benefits of the Exclusive Membership.
• Priority and extended appointments reserved specifically for newborns.
• Access to appointments with a lactation consultant; the first consultation is included in the membership fee.
• Access to additional lactation consultant appointments for an additional fee.
• One-week loan of a digital baby scale to monitor milk intake.
• Bilirubin measurement for newborn jaundice screening directly at the clinic.
• Access to newborn workshops, online or in person, at a discounted rate.
• Children’s ear piercing at a discounted rate.

ARTICLE VI  |  PERSONAL DATA AND DATA PROTECTION

  1. By signing the Agreement, the Client acknowledges that, for the purpose of fulfilling its obligations in the provision of healthcare, the Provider shall process personal data relating to the Client to the extent necessary to identify the Client (full name, permanent residential address including postal code, date of birth, personal identification number, telephone number and email address) and to establish the Client’s medical history, in particular data concerning:
  • the Client’s state of health;
  • the course and results of the Client’s examinations, the Client’s treatment, and other material circumstances relating to the Client’s state of health and the procedure followed in providing healthcare;
  • the scope of care provided to the Client;
  • services related to the provision of healthcare to the Client;
  • the Client’s temporary incapacity for work due to illness or injury and facts relevant to assessing the Client’s medical fitness for work or other activities; and
  • epidemiologically significant facts.

(hereinafter jointly referred to as the “Client’s Personal Data”)

  1. By signing the Agreement, the Client gives free and unconditional consent for the Client’s personal data, to the extent of the Client’s full name, date of birth, personal identification number, telephone number, email address and health insurance company, to be processed in the Provider’s information system for the purposes of providing healthcare and services related to the provision of healthcare. By signing the Agreement, the Client also gives free and unconditional consent for the Client’s personal data, to the extent of the Client’s full name, residence, telephone number, email address and health insurance company, to be disclosed to the following third parties if requested by those institutions: the Regional Public Health Authority; the Healthcare Surveillance Authority; and the Healthcare Department of the Bratislava Self-Governing Region.

ARTICLE VII  |  LIABILITY FOR DAMAGE AND DISPUTE RESOLUTION

  1. The Parties agree that, if a dispute or misunderstanding arises from their relationship established by this Agreement, they shall give preference to an out-of-court resolution based on mutual communication and agreement. If an amicable resolution is not reached, the Parties shall refer the matter to the competent authorities and courts of the Slovak Republic.
  2. The Parties undertake that, if a dispute or misunderstanding arises from their relationship established by this Agreement, they shall act in accordance with the principles of good conduct so as not to endanger or damage the good name of the other Party.
  3. The Provider shall not be liable for any damage that the Client may incur while using the Provider’s website, whether during registration or cancellation of registration, or as a result of the Client providing false or incomplete information. The Provider shall also not be liable to the Client for damage connected with the Provider’s website that is caused by a defect in technology or software, or by the unavailability of the relevant portal as a result of software or hardware damage independent of the Provider’s conduct.
  4. Liability for damage arising from the relationship between the Parties established by this Agreement shall be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code. The Provider’s liability for damage caused to the Client by a breach of obligations established by this Agreement is limited to the amount paid by the Client for the provision of Non-Covered Healthcare and/or Other Services in accordance with the Provider’s Price List under Article III of this Agreement.
  5. The Parties acknowledge that the Provider shall be liable for any damage and resulting claims arising from the incorrect provision of healthcare only if the Provider is the healthcare provider that provided the healthcare from which the relevant damage and resulting claim arose.

ARTICLE VIII  |  VALIDITY, EFFECTIVENESS, TERM AND TERMINATION OF THE AGREEMENT

  1. The Agreement is concluded for an indefinite term.
  2. Where the Client selects monthly payment for a BASIC or EXCLUSIVE membership, the Client enters into a minimum 12-month membership commitment. Termination may take effect only at the end of the initial 12-month period or at any time thereafter. If the Client nevertheless requests or purports to terminate the membership before the end of the initial 12-month period, the membership and payment obligation continue until the end of that period, and the Client remains liable for all monthly instalments due for the remainder of the initial 12-month period. In such a case, the Client shall either pay the entire outstanding amount in one lump sum or continue paying the regular monthly instalments until the entire 12-month commitment has expired.
  3. The Agreement becomes valid upon signature by both Parties. The Agreement becomes effective upon payment of the fee for the provision of Non-Covered Healthcare and/or Other Services in accordance with the Price List.
  4. The Provider is entitled to terminate the Agreement if the Client grossly breaches the treatment regimen with an adverse effect on the Client’s treatment and health, or if mutual trust between the Provider and the Client is lost. The notice period is one month and commences on the first day of delivery of the notice.
  5. The Client is entitled to terminate the Agreement at any time, without stating a reason, in writing. The Client may terminate the Agreement through the Client’s registered account on the Provider’s website. The Client shall give notice of termination at least one day before the end of the period for which the Client has paid the amount for the provision of Non-Covered Healthcare and/or Other Services. If the Client fails to give notice of termination sufficiently in advance, the contractual relationship must continue and the Client must pay the amount for the provision of Non-Covered Healthcare and/or Other Services for the next calendar year in accordance with the Provider’s then-current Price List published on the Provider’s website, including where the Client selected payment by regular monthly instalments.
  6. If the Agreement terminates, the Client shall, without undue delay, notify the Provider of the address of the new healthcare provider to which the Provider shall send the Client’s medical records.
  7. By signing this Agreement, the Client confirms, acknowledges and unconditionally accepts that the Provider is obliged to provide the Client with the Non-Covered Healthcare and/or Other Services selected by the Client under this Agreement only if the Client has properly and timely paid the fee for the provision of Non-Covered Healthcare and/or Other Services in accordance with Article III of this Agreement. The Client further unconditionally agrees that, if the Client does not pay the fee properly and on time in accordance with this Agreement, the Provider is entitled to refuse to provide the Client with Non-Covered Healthcare and/or Other Services until the fee has been paid.

ARTICLE IX  |  FINAL PROVISIONS

  1. The Parties shall inform one another of all facts that could affect performance of the Subject Matter of the Agreement.
  2. Legal relationships established by the Agreement shall be governed by the laws of the Slovak Republic, in particular the Civil Code, the Act, the Act on the Scope of Healthcare and related generally binding legislation.
  3. The Client declares that the Client pays the fee for the provision of Non-Covered Healthcare and/or Other Services under the Price List voluntarily and without coercion; that the Client has read and understood the Agreement; and that the Client enters into it voluntarily, not under distress or on manifestly disadvantageous terms.