TERMS AND CONDITIONS FOR THE PROVISION OF VETERINARY SERVICES by the Veterinary Clinic Zviropolis – Veterinary Center

§ 1 [GENERAL INFORMATION].

These Rules define the principles of use of the veterinary services provided by the Veterinary Clinic “Zviropolis – Veterinary Center” conducted by Zviropolis SP. z o.o. with its registered office in Kraków (30-415) at ul. Bonarka 19/5, NIP: 679-325-69-89. 

§ 2 [DEFINITIONS AND CONCEPTS].

The definitions and terms used in the Regulations shall mean:

1. Clinic – an animal treatment facility with the status of a veterinary clinic (within the meaning of Article 4(1)(4) of the Act, dealing with the prevention, diagnosis, treatment and rehabilitation of pets, as well as the organization of apprenticeships, internships, training for doctors, students and veterinary technicians, run under the name Veterinary clinic “Zviropolis – Veterinary Center”, at the address: 2/172 Sejmu Czteroletniego Street, 02-972 Warsaw;
   
2. Rules and Regulations – these Regulations setting out the rules for the organization and operation of the Clinic and the provision of Veterinary Services by the Clinic, together with all subsequent amendments and annexes, in accordance with Article 15(1) and (2) of the Act. The rules set out in the Regulations shall apply both within the framework of Visits (stationary) and, respectively, in the case of home visits as described in the Regulations;
   
3. Reception – the service point for Pet Holders using the Clinic’s Veterinary Services;
   
4. Catalog of medicines and treatments – is attached as Appendix 1 to the Regulations and is available for inspection at Reception;
   
5. Animal keeper – a natural person, legal person or organizational unit without legal personality in possession of an animal, also temporarily within the meaning of the Act of 11 March 2004 on the protection of animal health and combating infectious diseases of animals, i.e. Dz. U. of 2020, item 1421 as amended;
   
6. Veterinarian – a natural person holding the title of veterinary surgeon and the right to practice his/her profession in the territory of the Republic of Poland and providing veterinary services on the premises of a medical establishment as part of the activities of that establishment, in accordance with the Act of 21 December 1990 on the profession of veterinary surgeon and veterinary chambers, i.e. Dz. U. of 2023, item 154;
   
7. Veterinary service – an activity aimed at preserving, saving or improving the health of animals within the meaning of the Act, in particular examining the state of health of animals and issuing certificates on the state of health of animals, diagnosing and treating animal diseases, performing surgical procedures, giving advice and consultations, caring for animals, performing marketing of veterinary medicinal products, performing other diagnostic tests;
   
8. Visit – the admission of an Animal Holder by a Veterinarian on the premises of the Clinic for the purpose of performing Veterinary Services. During a Visit, the following veterinary services may be performed: medical interview, clinical examination of the animal (examination of the animal’s current state of health), making an initial diagnosis or suspicion of a disease, indications for additional examinations, issuing recommendations for further treatment of the animal or the way it should be cared for, administration of medicines, veterinary treatments and procedures (including life-saving treatments), observation of the animal, care of the animal, providing advice and consultations, making opinions and judgements. The scope of the Visit is suggested by the Veterinarian, taking into account the protection of public health and the environment and the welfare of the animal;
   
9. Act – Act of 18 December 2003 on animal treatment establishments (i.e. Journal of Laws 2019, item 24);
   
10. RODO – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU. L. 2016 No. 119, p. 1 as amended).

§ 3 [ORGANIZATION OF WORK, BASICS OF VETERINARY SERVICES].

1. The clinic provides veterinary medicine services on a 24-hour basis. The Clinic’s area of operation includes the city of Warsaw.
   
2. The Clinic’s facilities include:
   1. Outpatient Treatment Unit, providing 24-hour veterinary visits, diagnostic tests and minor medical procedures;
   2. Stationary Treatment Unit (so-called hospital), providing 24-hour observation and treatment of animals;
   3. Operating theater;
   4. Admissions offices; 
   5. Laboratory: X-ray, ultrasound, ECG, cardiac echo, gastrostomy;
      
3. A stand with specialized medicinal foods, vitamins, supplements and other animal care products.
   
4. The clinic is managed by the managing director and veterinary manager, dr. vet. Patrycja Wróbel. 

5. The clinic provides veterinary services in:
   1. animal health checks;
   2. recognition, prevention and control of animal diseases;
   3. animal treatment;
   4. providing advice and consultation;
   5. the performance of medical treatments, operations and procedures; 
   6. animal care;
   7. issuing opinions and judgments;
   8. performing diagnostic and laboratory tests; companion and exotic animals.
      
6. A veterinarian, together with a veterinary technician, provides care for animals undergoing inpatient treatment and assists in cases of sudden illness and accidents with a surgical team.
   
7. The clinic also provides Veterinary Services off-site through home visits.
   
8. The clinic does not act as an intermediary in the sale of animals or the mating of animals for breeding.

9. In order to fulfill its tasks, the Clinic cooperates with the District Veterinarian in Warsaw.
   
10. For the purpose of protecting property and persons present in the Clinic, image recording devices are installed on the premises of the Clinic. The rules of processing personal data concerning image registration are contained in § 9 of the Rules and Regulations.

11. Smoking, consumption of alcoholic beverages and other intoxicants is strictly prohibited in the Clinic.

§ 4 [PERFORMANCE OF VETERINARY SERVICES].

1. At the Clinic, there is an obligation to register the visit at the Reception each time.
   
2. Animal keepers are admitted according to the order of pre-arranged appointments for a specific date and time. Exceptions are special cases where the animal is in immediate life-threatening condition. In such cases, the date of the appointment may be changed, of which the Clinic will inform the Animal Keeper.
   
3. The on-call hours at the Clinic are as follows:
   1. at the basic rate (daily weekly according to the price list): Monday to Friday from 8:00 am to 9:00 pm,
   2. at the extended rate No. 1 (daily Saturday and weekly night according to the price list): on Saturday from 8 a.m. to 9 p.m. and Monday to Friday from 9 p.m. to 8 a.m,
   3. at the extended rate 2 (Sunday and public holiday and Saturday night according to the price list): 24 h on Sundays and public holidays referred to in Article 1(1) of the Act of 18 January 1951 on public holidays (i.e. Journal of Laws of 2020, item 1920) and on Saturday from 21:00 to 8:00.
      
4. In the case of a previously unarranged visit, registered before 21.00 hours and the visit taking place during the night duty for reasons beyond the control of the Veterinarian on duty, the appropriate rate as per paragraph 3 above, according to the price list in force at the Clinic for visits from 21.00 – 08.00 hours, shall apply.
   
5. The use of veterinary services provided by the Clinic is for a fee. Pursuant to § 3 of the Resolution of the National Veterinary Medical Council No. 116/2008/IV of 12 December 2008, public information placed on the website of veterinary clinics cannot contain price information. Therefore, the price list of Veterinary Services is available at the Reception Desk.
   
6. Clinic staff do not accept returns of previously dispensed medicines and medical supplies in accordance with Article 96(7) of the Act of 6 September 2001. Pharmaceutical Law.
   
7. The acceptance of an animal for Veterinary Services, and thus the creation of an obligation on the part of the Clinic, will take place after a registration entry has been made in the computer system by a member of the Reception staff.
   
8. Upon registration of the visit, the Pet Holder is deemed to have read the Rules and Regulations made available to him/her, which are available for inspection at the Reception and on the website: www.zviropolis.pl.
   
9. Veterinarians providing Veterinary Services at the Clinic reserve the right to refuse to provide Veterinary Services in circumstances where:
   1. there is a presumption that the Animal Keeper is under the influence of alcohol, intoxicants or behaves in an inappropriate or aggressive manner;
   2. the animal covered by the Veterinary Service is aggressive, uncontrolled by the Owner of the animal, is not properly secured (in particular does not have a muzzle or collar) and therefore poses an immediate danger to the environment and prevents the correct and safe performance of diagnostic and therapeutic activities;
   3. The holder has failed to pay for the treatment to date.
      
10. Subject to paragraph 9 above, a Veterinary Service may only be refused if there is no fear that the refusal or cessation of the service may cause imminent danger to the life of the animal.
    
11. If it is not possible to provide the Veterinary Service, the Receptionist is obliged to indicate the address details of the nearest animal treatment facility where the provision of this Veterinary Service is possible.
    
12. The scope and cost of the Veterinary Service in each case shall be determined by the Veterinarian conducting the Visit, in accordance with the Clinic’s price list for Veterinary Services referred to in § 7 of the Regulations. The Pet Holder shall have the right to refuse to consent to the provision of Veterinary Services after being informed as to the scope and expected price of the Veterinary Service provided prior to its provision.
    
13. The admission of an animal to an inpatient treatment unit or the performance of certain surgical procedures is possible only after obtaining the written consent of the Animal Keeper, in accordance with the model admission/release form attached as Appendix 2 to the Rules, and reading and accepting the rules and regulations of the hospital in https://zviropolis.pl/en/regulations-of-the-hospital-of-the-veterinary-clinic-by-the-veterinary-clinic-zviropolis-veterinary-center.

§ 5 [RIGHTS AND OBLIGATIONS OF THE ANIMAL KEEPER].

1. While receiving veterinary services at the Clinic, the Pet Holder has the right to:
   1. To obtain a service provided by suitably qualified staff in accordance with the knowledge requirements of veterinary medicine;
   2. Obtain information on the animal’s state of health;
   3. Agree to provide Veterinary Services or refuse to agree to provide a particular service after being informed of the proposed diagnostic and therapeutic methods and after being informed of the price of providing the Veterinary Service in question;
   4. Report their reservations and remarks to the attending physician, and in case of failure to obtain satisfactory information or in particularly important situations, directly to the management of the Clinic. A report addressed to the management should be sent in writing to the email address info@zviropolis.pl or by post to the address Sejmu Czteroletniego 2/172; 02-792 Warsaw. The management of the Clinic is obliged to respond in writing within 30 days of receiving the letter.
      
2. The Animal Keeper’s responsibilities include, in particular:
   
   1. Comply with the provisions of these Rules for the provision of veterinary services;
   2. Respect the prohibition of smoking, alcohol and other drugs on the premises of the Clinic;
   3. Respect for the dignity of persons employed at the Clinic and courteous treatment of Reception staff;
   4. Have valid documents authorizing the Animal Keeper to treat the animal;
   5. Compliance with safety rules;
   6. Provide the Veterinarian with comprehensive information on the animal’s state of health, in particular on diseases and treatments to date, the process of treatment to date and the drugs, medical and other pharmacological agents used on the animal.
      
3. An animal owner who feels that his or her rights have been violated in the course of using the Veterinary Services has the right to submit a written complaint to the Clinic’s management.
   
4. The Reception staff, as well as the Veterinarians, have the right to refuse to provide Veterinary Services to an Animal Keeper who violates the provisions set out in these Rules.
   
5. The animal’s owner is obliged to collect accessories such as a carrier, leash, muzzle, etc. on the day of the animal’s discharge from the Clinic. After the indicated deadline, the aforementioned items will be donated to the nearest animal shelters or disposed of.
   
6. The animal’s owner shall be obliged to collect the animal from the Clinic within the time indicated by the Clinic, however not shorter than 3 days, under pain of being deemed to have abandoned the animal. In such case, pursuant to the wording of Article 9a of the Act of 21 August 1997 on animal protection (i.e. Journal of Laws of 2022, item 572), the Clinic shall notify the nearest animal shelter, municipal guard or the police. The foregoing does not exclude the Animal Holder’s obligation to pay the Clinic’s costs for keeping the animal, as indicated in the price list.

§ 6 [PRINCIPLES OF MAKING RECORDS OF VETERINARY SERVICES AVAILABLE].

1. Each Veterinary Service performed shall be documented in electronic form, recorded and stored on computer data storage media in the form of an electronic record that makes it impossible to edit or change the stored data and ensures that it can be viewed and printed.
   
2. Veterinary medical records and animal treatment records are the property of the Clinic.
   
3. The Clinic’s staff shall make the records of the provision of Veterinary Services available to the Animal Holder and also to entities entitled to access the records under the relevant legislation, in particular Article 28(2) of the Act.
   
4. Records of the provision of Veterinary Services shall be made available by making extracts, copies or copies thereof.
   
5. Veterinary medicine and retail veterinary medicine records shall be archived and retained at the Clinic for a period of 5 years after their preparation.
   
6. Types of veterinary medical documents issued at the Clinic:

1. Visit Information Sheet – a document which is a printout from the Animal Treatment Book;
   
2. Treatment history – describes the treatment process over a specific period of time;
   
3. Medical history – describes the process of treatment for a particular disease entity;
   
4. Specialist examination (orthopaedic, cardiac, dermatological, neurological and other) – describes the course of the specialist examination, indicates the diagnosis and proposes a course of further treatment;
   
5. Death certificate – a certificate of the animal’s fatal incident;
   
6. Procedure description – describes the procedure in question with post-operative indications.
   
7. Documentation of the provision of veterinary services in the form of a “Visit Information Sheet” is issued at the request of the Pet Holder by the Veterinarian during the Visit.
8. Records of the provision of veterinary medical services referred to in paragraph 6(b-f) above shall be made available by Clinic staff at a time agreed with the Veterinarian in charge of the treatment process.

§ 7 [Catalog OF DRUGS AND TREATMENTS].

1. The Clinic provides Veterinary Services against payment according to the current Catalog of medicines and treatments and price list. The Catalog of medicines and treatments is attached to the Regulations.
   
2. The owner of the animal is obliged to pay all costs associated with the prevention and treatment of the animal, in accordance with the price list.
   
3. Information on the estimated price of the Veterinary Service can be obtained during the registration of the Visit or during the Visit at the Reception or from the Veterinarian performing the Visit.
   
4. The estimated price of the Veterinary Service is related to the type of services performed, the medicines administered and the products used in the visit, according to the price list. If the estimated price of the Veterinary Service is exceeded, the consent of the Pet Holder is required each time.
   
5. It is understood that the Pet Holder has read the Catalog of Medicines and Treatments before ordering the Veterinary Service and has taken note of the prices of the Veterinary Services resulting from the price list.
   
6. All prices for Veterinary Services indicated in the price list are contractual in nature.
   
7. Payment for the Veterinary Services provided shall be made in cash or in a non-cash form (by credit card or bank transfer) immediately after the service has been provided on the basis of a fiscal receipt or a VAT invoice.
   
8. For surgical procedures, as well as inpatient treatment in a hospital run by the Clinic, a fee payable in advance of 50% of the estimated cost of the animal’s total treatment must be paid. The treatment cost is subject to change, due to the condition of the animal. The owner of the animal will be informed of the change in the treatment cost estimate each time.
   
9. In the event that the Animal Keeper fails to pay the remainder of the amount referred to in paragraph 8 above within 5 days of the completion of the procedure or treatment, the Clinic shall be entitled to charge statutory interest on this amount.
   
10. In order to issue a VAT invoice for the services provided, the Animal Keeper must declare this before issuing a receipt from the cash register and provide details for the invoice, including the VAT number.

§ 8 [LIABILITY RULES].

1. The veterinary surgeons undertake to provide Veterinary Services to the best of their veterinary knowledge and due care, using their equipment, knowledge, experience and skills.
   
2. Professional liability on the basis of fault on the part of a doctor providing Veterinary Services in the course of his or her practice will arise where medical malpractice has been established.
   
3. The veterinary surgeons providing services at the Clinic are liable for civil liability in respect of their profession and have the relevant insurance required by generally applicable regulations in this respect.
   
4. The Clinic’s employees are not responsible for damage caused by the Animal Keeper.
   
5. Clinic staff are not responsible for Animal Keepers’ property left on Clinic premises.
   
6. The animal keeper is obliged to provide all medical information concerning the animal’s state of health, medical history, allergic reactions and adverse reactions to products and medicines, as well as any other data affecting the animal’s treatment, concerning the animal.
   
7. The Clinic’s employees shall not be liable for any damages, injuries or disorders related to the provided Veterinary Services, resulting from the Animal Holder’s fault, force majeure, or as a result of the Animal Holder’s concealment of comprehensive information on the animal’s state of health indicated in § 5 section 2, point f of the Regulations, the existence of contraindications and other circumstances which constitute a contraindication to the provision of a given Veterinary Service pursuant to section 6 above, and which were not known to the Clinic’s staff.
   
8. The animal’s owner is financially responsible for any damage caused on the Clinic’s premises through their fault or by an animal in their care.
   
9. In the case of any emergency condition of animals in the Clinic’s care requiring the immediate response of a Veterinarian, the Clinic reserves the right to undertake life-saving measures for the animal without the prior consent of the Animal Holder, who will be charged for such measures in accordance with the Clinic’s price list. Insofar as this is possible without endangering the life of the animal, the Clinic will contact the Animal Holder to inform them of the necessity of such measures and their expected cost in accordance with the price list. 

§ 9 [PROTECTION OF PERSONAL DATA].

In accordance with Article 13 of the DPA, the Clinic informs you that:

1. The Clinic is the controller of the Pet Holder’s personal data that will be processed in accordance with the RODO in connection with the Pet Holder’s Visit or stay in a hospital operated by the Clinic in accordance with the hospital’s regulations.
   
2. Contact with the administrator is possible in the following ways:

1. e-mail to: info@zviropolis.pl, 
2. or in writing to the address indicated in § 2.1 of the Rules.

3. Personal data will be processed for: 

1. the provision of Veterinary Services in accordance with the Rules and Regulations of the Clinic Hospital – Article 6(1)(b) of the DPA, for the period of time necessary for the provision of the Veterinary Services, 
2. the necessity to fulfill a legal obligation incumbent on the controller, in particular with regard to:

• issuing and retaining financial records and other accounting documents – Article 6(1)(c) of the DPA in connection with the relevant provisions of the Accounting Act of 29 September 1994, 
• retention of records of the Veterinary Services provided – Article 6(1)(c) of the RODO in relation to the applicable legislation governing the retention of such records,
• to respond to complaints made by Animal Keepers in their capacity as consumers – Article 6(1)(c) of the RODO in connection with the relevant provisions of the Consumer Rights Act of 30 May 2014,
• to make Animal Keepers’ data available at the request of competent authorities and courts – Article 6(1)(c) of the RODO in connection with the relevant legislation providing the basis for the aforementioned authorities to obtain such data,

for the period of time required by the aforementioned legislation or the statute of limitations for claims made,

3. pursuing the legitimate interests of the controller – Article 6(1)(f) RODO, in the form of:

• to establish, defend against or assert claims, for the period of limitation of possible claims,
• to ensure the security of persons and property at the Clinic, in connection with the video surveillance used at the Clinic, for a period of 3 months from the date of recording,
• to send reminders [text message and/or email] about upcoming Visits or other matters directly related to the treatment of your pet, for the duration of the Veterinary Services.

4. Recipients of personal data are: 

1. IT service providers,
2. suppliers of software and systems used by the administrator,
3. legal advisers, law firms, auditors,
4. external debt collection agents, in the event of non-payment for Veterinary Services and the Clinic’s decision to refer the case for collection. 

In addition, the controller reserves the right to disclose selected information to the competent authorities (e.g. authorities, courts and other institutions) or to third parties who request such information on the appropriate legal basis and in accordance with the provisions of the applicable law.

Personal data will not be transferred to international organizations or recipients located in countries outside the European Economic Area.

5. The rights of the Animal Holder relating to the processing of personal data are as follows:

1. The right of access to data (Article 15 RODO),
2. The right to request the rectification of personal data (Article 16 RODO),
3. The right to request the erasure of your personal data (“right to be forgotten”) (Article 17 RODO),
4. The right to request the restriction of the processing of personal data (Article 18 RODO),
5. The right to data portability, i.e. to receive personal data, in a structured, commonly used, machine-readable format (where the processing is based on Article 6(1)(a) of the RODO) (Article 20 of the RODO),
6. The right to object to the processing on grounds of particular situation to the extent that the processing of personal data is based on the premise of legitimate interest (Article 21 RODO),
7. The right to lodge a complaint with the supervisory authority in charge of personal data protection, which is currently in Poland the President of the Office for Personal Data Protection.

6. The provision of personal data is necessary for the administrator to be able to provide Veterinary Services in accordance with the Terms and Conditions, and is partly obligatory – where its processing is required by applicable laws. Failure to provide data results in the inability to provide Veterinary Services in accordance with the Regulations.

7. Personal data will not be subject to automated decision-making or profiling. 

§ 10 [RULES AND PROCEDURES FOR TRAINING].

1. The clinic provides the training referred to in Article 12(1) of the Act.
   
2. Training courses are chargeable in accordance with the relevant resolutions of the National Council of Veterinary Medicine.

§ 11 [FINAL PROVISIONS].

1. The owner of the animal may lodge a complaint with the Warsaw Chamber of Veterinary Medicine, based in Warsaw (02-776) at ul. Nowoursynowska 159, building. 24, room 11.
   
2. The address for service of all letters addressed to the Animal Keeper is the address provided at the Reception during registration.
   
3. In resolving any disputes, the following will apply accordingly:
   1. Code of Ethics and Deontology of the Veterinary Surgeon,
   2. Act of 21 December 1990 on the veterinary profession,
   3. Provisions of the Civil Code (Articles 734 et seq.).
      
4. Clinic staff show understanding for the emotional behavior of Animal Keepers, triggered by the fact that their pets are suffering and the treatment prognosis is difficult to determine in a life-threatening situation. However, this does not imply tolerance of aggressive and abusive behavior. The premises of the Clinic are monitored and the management of the Clinic reserves the right to intervene by security personnel, or other forms of protection provided by law, in justified cases.
   
5. The Clinic reserves the right to amend the Terms and Conditions for important reasons including:
   1. A change in legislation or the issuance of final and legally binding administrative decisions or decisions of common courts ordering the introduction of changes to which the Clinic is the addressee, or a change in the interpretation of such legislation as a result of court decisions, decisions, recommendations or recommendations of the competent authorities or bodies in this area,
   2. Technical or organizational changes to the Veterinary Services provided and their scope,
   3. Analysis of complaints regarding the content of the Rules of Procedure,
   4. Organizational and administrative changes to the running of the Clinic, 
   5. Changes to the price list for services and products; 
   6. Changes in clinical, treatment and therapeutic approaches resulting from the results of clinical trials and the latest scientific studies.
      
6. If a particular provision of the Rules is declared invalid or ineffective as provided by law, this shall not affect the validity or effectiveness of the remaining provisions of the Rules. The invalid provision will be replaced by the rule that comes closest to the purpose of the invalid provision and the whole.

Appendices:

1. Catalog of medicines and treatments,
2. Animal intake/release form example.