Sportklinik Arlberg GmbH, Sollederweg 5, 6580 St. Anton am Arlberg (hereinafter referred to as the “Hospital”)
1 Scope
1.1. These General Terms and Conditions govern the contractual relationship between the patient and the Hospital. They apply to all inpatient and outpatient treatments provided by the Hospital.
1.2. The rights and obligations of patients are governed by these General Terms and Conditions. In addition, the provisions of the Tirol Hospital Act (Tir KAG), the Federal Act on Hospitals and Sanatoria (KAKuG), and the Austrian Civil Code (ABGB) apply subsidiarily.
2 Admission and Accommodation Request
2.1. Admission to the Hospital generally requires a referral by a physician. In special cases, patients may be admitted without a referral.
2.2. Patients must immediately communicate their choice of attending physician. This may also be done implicitly through conduct.
2.3. Admission to the Hospital occurs through factual actions.
3 Hospital Admission Contract
3.1. Admission to the Hospital establishes a hospital admission contract between the Hospital and the patient. The contract covers accommodation and inpatient care.
3.2. Upon admission, the patient declares his/her wish to be accommodated. The care and hospital fees acknowledged by the patient at admission are billed according to the actual accommodation.
3.3. Upon admission, the patient must provide the Hospital with the anticipated treatment costs. The Hospital may refuse admission if the required payment is not made in full. If only a reasonable advance payment is requested, the patient is obliged to replenish consumed advances immediately upon notification by the Hospital.
3.4. For patients with supplementary health insurance, the Hospital may waive payment upon admission if a cost coverage guarantee from the insurer is provided. The patient should normally submit this guarantee at admission. The patient may authorize the Hospital to obtain the guarantee from the insurer on his/her behalf.
3.5. The hospital admission contract is based on: The General Terms and Conditions, care and hospital fees, special charges, medical fees displayed on-site, and the admission form signed by the patient.
3.6. Subsequent amendments or additions to the hospital admission contract require written confirmation by the Hospital to be valid.
4 Treatment Contract
4.1. The treatment contract is concluded between the patient and the treating physician of their choice. All physicians working at the Hospital act as attending (admitting) physicians, not as employees of the Hospital. The Hospital is not liable for their actions or those of third parties engaged by them. The treatment contract includes medical treatment, necessary information and documentation, the patient's consent, and the fee agreement for the treating physician, subordinate physicians, consultants, and other assistants.
4.2. If the patient is referred by the attending physician, the Hospital assumes that a treatment contract—regardless of form—exists between them.
4.3. If the patient does not designate a treating physician, the Hospital or the on-duty ward physician may propose one. Acceptance of the proposal or the commencement of treatment by the suggested physician establishes the treatment contract. If the patient does not object to the proposed treatment method, consent is deemed given.
4.4. If no fee agreement exists or disputes arise, fees may be charged according to the rates agreed between the Hospital and the Association of Austrian Insurance Companies. For uninsured patients or those without a direct billing agreement, the Hospital’s self-pay price list applies.
5 Care Fees, Special Charges, and Other Fees
5.1. The Hospital charges care and hospital fees as well as ancillary and special fees for admission, accommodation, meals, and care.
5.2. Special charges include: a) patient transportation to/from the Hospital b) provision of aids and prosthetics c) technical services (e.g., laboratory, X-ray, physiotherapy, ECG, ultrasound, CT, MRI, pathology/histology) d) deductibles charged by social or private insurers e) medical fees for all examinations and treatments
5.3. Care and hospital fees are charged in full for both the admission and discharge day.
5.4. Fees are displayed at the Hospital and provided to patients upon request.
5.5. Medical fees for attending physicians and their assistants are collected in their name and on their account and risk.
5.6. Charges for additional services (telephone calls, special meals/drinks, administrative services) are billed separately based on actual use.
6 Payment Terms
6.1. Cost estimates are non-binding and based on average treatment duration and medical course. Actual costs may significantly exceed estimates, especially in case of complications.
6.2. All fees include statutory taxes and duties.
6.3. All fees become due upon invoicing. After 6 weeks, default interest of 4% per month plus reminder and collection fees may be charged.
6.4. The patient is solely responsible for payment.
6.5. The patient's payment obligation exists even if insurance coverage is in place and is not replaced by any direct billing arrangements.
7 Relationships with Social and Private Insurance Providers
7.1. The Hospital may bill statutory or private insurers or the patient directly.
7.1.1. Billing with insurers: If a direct billing agreement exists, the insurer is billed directly for the covered portion. If coverage is denied, insufficient, or includes deductibles, the patient is liable for the full amount.
7.1.2. Billing with the patient: If no direct billing agreement exists, all fees are billed to the patient. After payment, the patient may submit the invoice to insurers for reimbursement.
7.2. The Hospital assumes no liability for the amount or scope of reimbursements paid by insurers.
7.3. The Hospital will inform patients about existing direct billing contracts via posted notices or cost estimates.
8 Exclusions from Insurance Coverage
8.1. The following are generally excluded from direct billing and supplementary insurance coverage: a) cosmetic treatments b) rehabilitation measures and care for chronic illnesses
8.2. Fees and medical charges for such treatments must be paid fully by the patient.
9 Liability and Compensation
9.1. The Hospital accepts no liability for treatments performed by attending physicians or their assistants/consultants. Liability is excluded except where gross negligence or intent by the Hospital can be proven by the patient.
9.2. Patients must assert claims arising from medical treatment against the attending physician and their assistants.
9.3. The Hospital is not liable for damages caused by slight negligence (excluding personal injury) during services covered under the hospital admission contract.
10 Confidentiality
10.1. The Hospital and its employees are subject to the confidentiality obligations under KAKuG and Tir KAG.
10.2. The patient authorizes the Hospital to provide necessary information to insurers for cost coverage and billing.
10.3. The patient consents to the electronic processing of personal data and medical treatment data.
11 Liability for Valuables The Hospital assumes no liability for valuables not deposited with the administration or in a designated locked safe.
12 House Rules Patients must comply with the house rules available at reception and must ensure that accompanying persons and visitors comply as well. In case of severe violations, the Hospital may terminate the admission contract immediately and transfer the patient to another facility at the patient’s cost and risk.
13 Leave of Premises Patients may not leave the premises without prior written authorization from the Hospital and the treating physician. The patient acknowledges that the Hospital cannot be held responsible for unauthorized departures.
14 Place of Performance and Jurisdiction The exclusive place of jurisdiction is the court with territorial and subject-matter jurisdiction for 6580 St. Anton am Arlberg. The place of performance is the location of the Hospital. Austrian law applies exclusively.
15 Final Provisions The invalidity of individual provisions shall not affect the validity of the remaining terms.
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