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

§ 1. [GENERAL INFORMATION]

These Terms and Conditions set out the rules for using the veterinary services provided by the Veterinary Clinic “Zviropolis – Veterinary Center”, operated by Zviropolis sp. z o.o. with its registered office in Kraków (30-415), ul. Bonarka 19/5, NIP: 679-325-69-89.

§ 2. [DEFINITIONS AND TERMS]

The definitions and terms used in these Terms and Conditions have the following meanings:

1. Clinic – an animal treatment establishment with the status of a veterinary clinic (within the meaning of Article 4(1)(4) of the Act), engaged in the prevention, diagnosis, treatment and rehabilitation of companion animals, as well as in organising placements, internships and training for veterinary surgeons, students and veterinary technicians, operating under the name Veterinary Clinic “Zviropolis – Veterinary Center” at: ul. Sejmu Czteroletniego 2/172, 02-972 Warszawa;
2. Terms and Conditions – these terms and conditions setting out the rules for the organisation and operation of the Clinic and for its provision of Veterinary Services, together with all subsequent amendments and annexes, in accordance with Article 15(1) and (2) of the Act. The rules set out in the Terms and Conditions apply both to Visits (at the Clinic) and, as appropriate, to the home visits described in the Terms and Conditions;
3. Reception – the service desk for Animal Keepers using the Clinic’s Veterinary Services;
4. Catalogue of Medicines and Procedures – the document constituting Annex 1 to the Terms and Conditions, available for inspection at Reception;
5. Animal Keeper – a natural person, legal person or organisational unit without legal personality that has an animal in its keeping, including temporarily, within the meaning of the Act of 11 March 2004 on the protection of animal health and combating infectious animal diseases (consolidated text: Journal of Laws of 2020, item 1421, as amended);
6. Veterinary Surgeon – a natural person holding the title of veterinary surgeon and the right to practise the profession in the territory of the Republic of Poland, who provides veterinary services on the premises of an animal treatment establishment as part of that establishment’s activities, in accordance with the Act of 21 December 1990 on the profession of veterinary surgeon and veterinary chambers (consolidated text: Journal of Laws of 2023, item 154);
7. Veterinary Service – an activity intended to preserve, save or improve the health of animals within the meaning of the Act, in particular examining the health of animals and issuing animal health certificates, diagnosing and treating animal diseases, performing surgical procedures, giving advice and consultations, animal care, the sale of veterinary medicinal products and performing other diagnostic tests;
8. Visit – the reception of an Animal Keeper by a Veterinary Surgeon on the Clinic’s premises for the purpose of providing a Veterinary Service. The following veterinary services may be provided during a Visit: taking a history, clinical examination of the animal (assessment of the animal’s current state of health), making a preliminary diagnosis or identifying a suspected disease, recommending additional tests, giving recommendations on the animal’s further treatment or care, administering medicines, veterinary treatments and procedures (including life-saving procedures), observation of the animal, animal care, giving advice and consultations, and issuing opinions and certificates. The scope of the Visit is proposed by the Veterinary Surgeon, taking into account the protection of public health and the environment and the welfare of the animal;
9. Act – the Act of 18 December 2003 on animal treatment establishments (consolidated text: Journal of Laws of 2019, item 24);
10. GDPR – 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 L 119, 2016, p. 1, as amended).

§ 3. [ORGANISATION OF WORK; BASIS FOR THE PROVISION OF VETERINARY SERVICES]

1. The Clinic provides veterinary services around the clock. The Clinic’s area of operation covers the Capital City of Warsaw.
2. The Clinic’s premises comprise:
   1. the Outpatient Unit, providing veterinary visits, diagnostic tests and minor treatments around the clock;
   2. the Inpatient Unit (the hospital), providing 24-hour observation and treatment of animals;
   3. the Operating Theatre;
   4. consulting rooms;
   5. the diagnostic suite: X-ray, ultrasound, ECG, echocardiography, gastroscopy;
   6. a retail area offering specialist therapeutic diets, vitamins, supplements and other animal care products.
3. The Clinic is managed by the Managing Director and the Head Veterinary Surgeon, Patrycja Wróbel, DVM.
4. The Clinic provides Veterinary Services in the following areas:
   1. examining the health of animals;
   2. diagnosing, preventing and controlling animal diseases;
   3. treating animals;
   4. giving advice and consultations;
   5. performing treatments, operations and medical procedures;
   6. animal care;
   7. issuing opinions and certificates;
   8. performing diagnostic and laboratory tests – for companion and exotic animals.
5. A Veterinary Surgeon, together with a veterinary technician, provides care for animals under inpatient treatment and gives assistance in cases of sudden illness and accidents, with a surgical team at their disposal.
6. The Clinic also provides Veterinary Services away from its premises in the form of home visits.
7. The Clinic does not act as an intermediary in the sale of animals or in mating animals for breeding.
8. In carrying out its tasks, the Clinic cooperates with the District Veterinary Officer in Warsaw (Powiatowy Lekarz Weterynarii w Warszawie).
9. In order to protect property and the persons present at the Clinic, video recording devices are installed on the Clinic’s premises. The rules on the processing of personal data in connection with video recording are set out in § 9 of the Terms and Conditions.

Smoking, consuming alcohol and using other intoxicants is strictly prohibited on the Clinic’s premises.

§ 4. [PROVISION OF VETERINARY SERVICES]

1. Every visit to the Clinic must be registered at Reception.
2. Animal Keepers are seen in the order of appointments booked in advance for a specific date and time. Exceptions are made in special cases where the animal’s life is in immediate danger. In such cases the time of a booked appointment may change, of which the Clinic will inform the Animal Keeper.
3. The Clinic’s duty hours are as follows:
   1. at the basic rate (weekday daytime rate, in accordance with the price list): Monday to Friday from 8:00 to 21:00,
   2. at extended rate no. 1 (Saturday daytime and weekday night rate, in accordance with the price list): on Saturdays from 8:00 to 21:00 and Monday to Friday from 21:00 to 8:00,
   3. at extended rate no. 2 (Sunday, public holiday and Saturday night rate, in accordance with the price list): 24 hours on Sundays and on the public holidays referred to in Article 1(1) of the Act of 18 January 1951 on public holidays (consolidated text: Journal of Laws of 2020, item 1920), and on Saturdays from 21:00 to 8:00.
4. Where a visit that was not booked in advance is registered before 21:00 but takes place during the night duty for reasons beyond the control of the Veterinary Surgeon on duty, the applicable rate under paragraph 3 above shall apply, according to the Clinic’s price list for Visits between 21:00 and 8:00.
5. The Veterinary Services provided by the Clinic are subject to a fee. Pursuant to § 3 of Resolution No. 116/2008/IV of the National Veterinary Chamber Council (Krajowa Rada Lekarsko-Weterynaryjna) of 12 December 2008, public information published on the websites of animal treatment establishments may not contain price information. The price list of Veterinary Services is therefore available at Reception.
6. In accordance with Article 96(7) of the Pharmaceutical Law Act of 6 September 2001, Clinic staff do not accept returns of medicines and medical supplies that have already been dispensed.
7. An animal is accepted for a Veterinary Service, and the Clinic’s obligation thereby arises, once a member of Reception staff has made a registration entry in the IT system.
8. Upon registration of a visit, the Animal Keeper is deemed to have read the Terms and Conditions made available to them, which can be inspected at Reception and on the website: www.zviropolis.pl.
9. The Veterinary Surgeons providing Veterinary Services at the Clinic reserve the right to refuse to provide a Veterinary Service where:
   1. there are grounds to presume that the Animal Keeper is under the influence of alcohol or intoxicants, or is behaving inappropriately or aggressively;
   2. the animal to be treated is aggressive, is not under the Animal Keeper’s control or is not properly restrained (in particular, has no muzzle or collar), and therefore poses an immediate danger to those around it and prevents the correct and safe performance of diagnostic and treatment procedures;
   3. the Animal Keeper has not settled the amounts due for previous treatment.
10. Subject to paragraph 9 above, a Veterinary Service may be refused only where there is no concern that the refusal or discontinuation of the service could pose an immediate danger to the animal’s life.
11. Where it is not possible to provide a Veterinary Service, the Reception staff member is obliged to provide the address of the nearest animal treatment establishment where that Veterinary Service can be provided.
12. In each case, the scope and cost of a Veterinary Service is determined by the Veterinary Surgeon conducting the Visit, in accordance with the Clinic’s current price list of Veterinary Services referred to in § 7 of the Terms and Conditions. The Animal Keeper has the right to withhold consent to the provision of Veterinary Services after being informed of the scope and expected price of the Veterinary Service before it is provided.
13. An animal may be admitted to the Inpatient Unit, or certain surgical procedures performed, only after the Animal Keeper has given written consent using the animal admission/discharge form template constituting Annex 2 to the Terms and Conditions, and has read and accepted the hospital rules available at 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. When using veterinary services at the Clinic, the Animal Keeper has the right:
   1. to receive a service provided by suitably qualified staff, in accordance with the standards of veterinary medical knowledge;
   2. to obtain information about the animal’s state of health;
   3. to consent to the provision of Veterinary Services, or to refuse consent to a particular service, after being informed of the proposed diagnostic and treatment methods and of the price of the Veterinary Service in question;
   4. to raise any reservations or comments with the attending veterinary surgeon and, if a satisfactory response is not received or in particularly important matters, directly with the Clinic’s management. A submission addressed to the management must be made in writing and sent by e-mail to info@zviropolis.pl or by post to: ul. Sejmu Czteroletniego 2/172, 02-972 Warszawa. The Clinic’s management is obliged to reply in writing within 30 days of receiving the submission.
2. The Animal Keeper’s obligations include, in particular:
   1. complying with these Terms and Conditions for the provision of veterinary services;
   2. observing the prohibition on smoking, consuming alcohol and using other intoxicants on the Clinic’s premises;
   3. respecting the dignity of persons employed at the Clinic and treating Reception staff courteously;
   4. holding valid documents entitling the Animal Keeper to have the animal treated;
   5. observing safety rules;
   6. providing the Veterinary Surgeon with comprehensive information on the animal’s state of health, in particular on previous illnesses and procedures, previous treatment and the medicines, medical products and other pharmacological agents administered to the animal.
3. An Animal Keeper who considers that their rights have been infringed while using the Veterinary Services has the right to lodge a written complaint with the Clinic’s management.
4. Reception staff and Veterinary Surgeons have the right to refuse to provide Veterinary Services to an Animal Keeper who breaches the provisions of these Terms and Conditions.
5. The Animal Keeper is obliged to collect accessories such as carriers, leads, muzzles, etc. on the day the animal is discharged from the Clinic. After that date, such items will be donated to the nearest animal shelters or disposed of.
6. The Animal Keeper is obliged to collect the animal from the Clinic within the period specified by the Clinic, which shall not be shorter than 3 days, failing which the animal will be deemed to have been abandoned. In that case, in accordance with Article 9a of the Act of 21 August 1997 on animal protection (consolidated text: Journal of Laws of 2022, item 572), the Clinic will notify the nearest animal shelter, the municipal guard or the police. This does not release the Animal Keeper from the obligation to pay the Clinic’s costs of keeping the animal, as set out in the price list.

§ 6. [RULES FOR ACCESS TO VETERINARY SERVICE RECORDS]

1. Every Veterinary Service performed is documented in electronic form, recorded and stored on electronic data carriers as an electronic record that prevents the stored data from being edited or altered and allows it to be viewed and printed.
2. Veterinary medical records and animal treatment records are the property of the Clinic.
3. Clinic staff make the records of Veterinary Services provided available to the Animal Keeper and to entities entitled to access such records under the relevant legislation, in particular Article 28(2) of the Act.
4. Records of Veterinary Services provided are made available in the form of extracts, transcripts or copies.
5. Veterinary medical records and records of the retail sale of veterinary medicinal products are archived and kept on the Clinic’s premises for a period of 5 years from the date they are drawn up.
6. Types of veterinary medical documents issued by the Clinic:
   1. Visit information card – a printout from the Animal Treatment Register;
   2. Treatment history – describes the course of treatment over a given period;
   3. Case history – describes the course of treatment of a specific condition;
   4. Specialist examination (orthopaedic, cardiological, dermatological, neurological and other) – describes the course of the specialist examination, states the diagnosis and proposes further treatment;
   5. Death certificate – a certificate confirming the death of the animal;
   6. Procedure report – describes the procedure performed together with post-operative instructions.
7. Veterinary service records in the form of a “Visit information card” are issued by the Veterinary Surgeon during the Visit at the Animal Keeper’s request.
8. Veterinary service records referred to in paragraph 6(b)–(f) above are made available by Clinic staff within a period agreed with the Veterinary Surgeon in charge of the treatment.

§ 7. [CATALOGUE OF MEDICINES AND PROCEDURES]

1. The Clinic provides Veterinary Services for a fee in accordance with the current Catalogue of Medicines and Procedures and the price list. The Catalogue of Medicines and Procedures is an annex to the Terms and Conditions.
2. The Animal Keeper is obliged to cover all costs relating to the animal’s preventive care and treatment, in accordance with the price list.
3. Information on the estimated price of a Veterinary Service can be obtained when booking the Visit, or during the Visit at Reception or from the Veterinary Surgeon conducting the Visit.
4. The estimated price of a Veterinary Service depends on the type of services performed, the medicines administered and the products used during the visit, in accordance with the price list. Whenever the estimated price of a Veterinary Service is to be exceeded, the Animal Keeper’s consent is required.
5. The Animal Keeper is deemed to have read the Catalogue of Medicines and Procedures and to have taken note of the prices of Veterinary Services set out in the price list before ordering a Veterinary Service.
6. All prices of Veterinary Services set out in the price list are contractual.
7. Payment for Veterinary Services is made in cash or by non-cash means (payment card or bank transfer) immediately after the service has been provided, against a fiscal receipt or a VAT invoice.
8. For surgical procedures and for inpatient treatment in the hospital run by the Clinic, an advance payment of 50% of the estimated total cost of the animal’s treatment is required. The cost of treatment may change depending on the animal’s condition. The Animal Keeper will be informed of any change to the treatment cost estimate each time.
9. If the Animal Keeper fails to pay the remaining part of the amount referred to in paragraph 8 above within 5 days of the procedure or treatment being completed, the Clinic is entitled to charge statutory interest on that amount.
10. In order to obtain a VAT invoice for the services provided, the Animal Keeper must request one before the fiscal receipt is issued and provide the invoicing details, including the NIP (tax identification) number.

§ 8. [LIABILITY]

1. The Veterinary Surgeons undertake to provide Veterinary Services in accordance with the best veterinary knowledge and with due care, using the equipment, knowledge, experience and skills at their disposal.
2. The professional liability, on a fault basis, of a veterinary surgeon providing Veterinary Services in the course of their practice arises where medical malpractice is established.
3. The Veterinary Surgeons providing services at the Clinic bear civil liability in respect of their professional practice and hold the relevant insurance in this respect, as required by generally applicable law.
4. Clinic staff are not liable for damage caused through the fault of the Animal Keeper.
5. Clinic staff are not liable for Animal Keepers’ property left on the Clinic’s premises.
6. The Animal Keeper is obliged to provide all medical information concerning the animal, including its state of health, medical history, allergic reactions and adverse reactions to products and medicines, and any other information relevant to the animal’s treatment.
7. Clinic staff are not liable for any damage, injury or disorder connected with the Veterinary Services provided that arises through the fault of the Animal Keeper, as a result of force majeure, or as a result of the Animal Keeper withholding the comprehensive information on the animal’s state of health referred to in § 5(2)(f) of the Terms and Conditions, or the existence of contraindications and other circumstances that constitute a contraindication to the provision of a given Veterinary Service under paragraph 6 above and were not known to Clinic staff.
8. The Animal Keeper is financially liable for any damage caused on the Clinic’s premises through their fault or by an animal in their care.
9. In any emergency involving an animal in the Clinic’s care that requires the immediate intervention of a Veterinary Surgeon, the Clinic reserves the right to take life-saving measures without the Animal Keeper’s prior consent; the Animal Keeper will be charged for such measures in accordance with the Clinic’s current price list. Where this is possible without endangering the animal’s life, the Clinic will contact the Animal Keeper to inform them of the need for such measures and their expected cost in accordance with the price list.

§ 9. [PERSONAL DATA PROTECTION]

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

1. The Clinic is the controller of the Animal Keeper’s personal data, which will be processed in accordance with the GDPR in connection with a Visit or the animal’s stay in the hospital run by the Clinic in accordance with the hospital rules.
2. The controller can be contacted:
   1. by e-mail at: info@zviropolis.pl,
   2. or in writing at the address indicated in § 2(1) of the Terms and Conditions.
3. Personal data will be processed for the purposes of:
   1. providing Veterinary Services in accordance with the Terms and Conditions and the Clinic’s hospital rules – Article 6(1)(b) of the GDPR, for the period necessary to provide the Veterinary Services,
   2. complying with the legal obligations to which the controller is subject, in particular as regards:
      • issuing and retaining financial records and other accounting documents – Article 6(1)(c) of the GDPR in conjunction with the relevant provisions of the Accounting Act of 29 September 1994,
      • retaining records of the Veterinary Services provided – Article 6(1)(c) of the GDPR in conjunction with the applicable provisions governing the retention of such records,
      • responding to complaints lodged by Animal Keepers as consumers – Article 6(1)(c) of the GDPR in conjunction with the relevant provisions of the Consumer Rights Act of 30 May 2014,
      • disclosing Animal Keepers’ data at the request of competent authorities and courts – Article 6(1)(c) of the GDPR in conjunction with the relevant provisions entitling those authorities to obtain such data – in each case for the period required by those provisions or until the expiry of the limitation period for claims relating to complaints lodged,
   3. pursuing the controller’s legitimate interests – Article 6(1)(f) of the GDPR, namely:
      • establishing, defending against or pursuing claims, for the limitation period of any such claims,
      • ensuring the safety 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,
      • sending reminders (by SMS and/or e-mail) about upcoming Visits or other matters directly related to the animal’s treatment, for the period during which Veterinary Services are provided.
4. The recipients of personal data are:
   1. IT service providers,
   2. suppliers of the software and systems used by the controller,
   3. legal advisers, law firms and auditors,
   4. external debt collection entities, in the event of non-payment for Veterinary Services and a decision by the Clinic to refer the matter for debt collection.

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

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

5. The Animal Keeper has the following rights in connection with the processing of personal data:
   1. the right of access to data (Article 15 of the GDPR),
   2. the right to request rectification of personal data (Article 16 of the GDPR),
   3. the right to request erasure of their personal data (“right to be forgotten”) (Article 17 of the GDPR),
   4. the right to request restriction of the processing of personal data (Article 18 of the GDPR),
   5. the right to data portability, i.e. to receive their personal data in a structured, commonly used and machine-readable format (where the processing is based on Article 6(1)(a) of the GDPR) (Article 20 of the GDPR),
   6. the right to object to the processing of data on grounds relating to their particular situation, to the extent that the processing is based on legitimate interests (Article 21 of the GDPR),
   7. the right to lodge a complaint with the supervisory authority responsible for personal data protection, which in Poland is currently the President of the Personal Data Protection Office (UODO).
6. The provision of personal data is necessary for the controller to be able to provide Veterinary Services in accordance with the Terms and Conditions, and is in part mandatory – where processing is required by applicable law. Failure to provide the data will make it impossible to provide Veterinary Services in accordance with the Terms and Conditions.
7. Personal data will not be subject to automated decision-making or profiling.

§ 10. [RULES AND PROCEDURE FOR TRAINING]

1. The Clinic provides the training referred to in Article 12(1) of the Act.
2. Training is subject to a fee in accordance with the relevant resolutions of the National Veterinary Chamber Council.

§ 11. [FINAL PROVISIONS]

1. The Animal Keeper may lodge a complaint with the Warsaw Veterinary Chamber (Warszawska Izba Lekarsko-Weterynaryjna), with its seat in Warsaw (02-776), ul. Nowoursynowska 159, building 24, room 11.
2. The address for service of all correspondence addressed to the Animal Keeper is the address given at Reception during registration.
3. The following shall apply, as appropriate, to the resolution of any disputes:
   1. the Code of Ethics and Deontology of the Veterinary Surgeon,
   2. the Act of 21 December 1990 on the profession of veterinary surgeon,
   3. the provisions of the Civil Code (Article 734 et seq.).
4. Clinic staff show understanding for the emotional reactions of Animal Keepers caused by the suffering of their animals and an uncertain prognosis where the animal’s life is at risk. This does not, however, mean that aggressive or abusive behaviour will be tolerated. The Clinic’s premises are monitored, and the Clinic’s management reserves the right, in justified cases, to call on security staff or to use other forms of protection provided for by law.
5. The Clinic reserves the right to amend the Terms and Conditions for important reasons, including:
   1. a change in the law, or the issue of final and binding administrative decisions or judgments of the ordinary courts addressed to the Clinic and requiring changes to be made, or a change in the interpretation of such legal provisions as a result of court judgments, decisions, recommendations or guidance of the competent offices or authorities,
   2. technical or organisational changes to the Veterinary Services provided or their scope,
   3. the analysis of complaints concerning the content of the Terms and Conditions,
   4. organisational and administrative changes in the operation of the Clinic,
   5. changes to the price list of services and products;
   6. changes in clinical, treatment and therapeutic approaches resulting from the findings of clinical research and the latest scientific studies.
6. If any individual provision of the Terms and Conditions is found, in the manner provided for by law, to be invalid or ineffective, this shall not affect the validity or effectiveness of the remaining provisions. The invalid provision shall be replaced by a rule that comes closest to the purpose of the invalid provision and of the Terms and Conditions as a whole.

Annexes:

1. Catalogue of Medicines and Procedures,
2. Animal admission/discharge form template.