§ 1. [GENERAL INFORMATION]
These Terms and Conditions set out the rules for using the veterinary services provided by the Veterinary Clinic “Zviropolis – Veterinary Centre”, operated by Zviropolis sp. z o.o. with its registered office in Kraków (30-415) at ul. Bonarka 19/5, NIP (tax identification number): 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 holding 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, operated under the name Veterinary Clinic “Zviropolis – Veterinary Centre” at: ul. Włodarzewska 87 lok. U2, 02-393 Warszawa;
2. Terms and Conditions – these terms and conditions, setting out the rules for the organisation and operation of the Clinic and for the provision by it 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 (on the Clinic’s premises) and, as applicable, to the home visits described in the Terms and Conditions;
3. Reception – the point at which Animal Keepers using the Clinic’s Veterinary Services are attended to;
4. Catalogue of Medicinal Products and Procedures – constitutes Annex 1 to the Terms and Conditions and is available for inspection at the Reception;
5. Animal Keeper – a natural person, a legal person or an 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 on combating infectious animal diseases, consolidated text: Dz. U. (Journal of Laws) of 2023, item 1075;
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 a treatment establishment as part of that establishment’s activity, in accordance with the Act of 21 December 1990 on the profession of veterinary surgeon and on veterinary chambers, consolidated text: Dz. U. (Journal of Laws) of 2023, item 154;
7. Veterinary Service – an activity intended to preserve, save or improve animal health within the meaning of the Act, in particular examining the state of animal health and issuing animal health certificates, diagnosing and treating animal diseases, performing surgical procedures, giving advice and consultations, animal care, trading in veterinary medicinal products, and carrying out other diagnostic tests;
8. Visit – the attendance 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 the medical history, clinical examination of the animal (examination of the animal’s current state of health), making a preliminary diagnosis or forming a suspicion of disease, indicating the need for further tests, issuing recommendations as to the further course of the animal’s treatment or the manner of its care, administering medicinal products, veterinary procedures and treatments (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, having regard to the protection of public health and the environment and to the welfare of the animal;
9. Act – the Act of 18 December 2003 on animal treatment establishments (consolidated text: Dz. U. (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 EU L of 2016 No 119, p. 1, as amended).
§ 3. [ORGANISATION OF WORK, BASIS FOR THE PROVISION OF VETERINARY SERVICES]
1. The Clinic provides veterinary medicine services on a 24-hour basis. The Clinic’s area of operation covers the Capital City of Warsaw.
2. The following operate on the Clinic’s premises:
a) the Outpatient Treatment Department, providing veterinary visits, diagnostic tests and minor therapeutic procedures around the clock;
b) the Inpatient Treatment Department (the hospital), providing 24-hour observation and treatment of animals;
c) the Operating Theatre;
d) consulting rooms;
e) the diagnostic unit: X-ray, ultrasound, ECG, echocardiography, gastroscopy;
f) a stand offering specialist therapeutic feeds, vitamins, supplements and other animal-care products.
3. The Clinic is managed by a managing director and by the head of veterinary medicine, Magdalena Walewska, DVM, PhD.
4. The Clinic provides Veterinary Services in the following areas:
a) examining the state of animal health;
b) diagnosing, preventing and combating animal diseases;
c) treating animals;
d) giving advice and consultations;
e) performing procedures, operations and medical interventions;
f) animal care;
g) issuing opinions and certificates;
h) carrying out diagnostic and laboratory tests; companion and exotic animals.
5. A Veterinary Surgeon, together with a veterinary technician, provides care for animals treated as inpatients 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 matching animals for breeding.
8. In order to carry out its tasks, the Clinic cooperates with the District Veterinary Officer in Warsaw.
9. In order to protect property and the persons present at the Clinic, image-recording devices are installed on the Clinic’s premises. The rules for processing personal data relating to image recording are set out in § 9 of the Terms and Conditions.
10. Smoking tobacco and consuming alcoholic beverages or other intoxicants are strictly prohibited on the Clinic’s premises.
§ 4. [PROVISION OF A VETERINARY SERVICE]
1. On the Clinic’s premises, every visit must be registered at the Reception.
2. Animal Keepers are attended to in the order of the visits arranged in advance for a specific date and time. An exception is made in particular cases where the animal’s life is in immediate danger. In such a case the time of the arranged visit may change, of which the Clinic informs the Animal Keeper.
3. The Clinic operates the following duty hours:
a) at the basic rate (weekday daytime rate, in accordance with the price list): Monday to Friday from 8:00 to 21:00,
b) at extended rate no. 1 (Saturday daytime and weekday night-time rate, in accordance with the price list): on Saturday from 8:00 to 21:00 and Monday to Friday from 21:00 to 8:00,
c) at extended rate no. 2 (Sunday and public holiday rate, and Saturday night-time rate, in accordance with the price list): 24 hours on Sunday and on the statutory non-working days referred to in Article 1(1) of the Act of 18 January 1951 on non-working days (consolidated text: Dz. U. (Journal of Laws) of 2020, item 1920), and on Saturday from 21:00 to 8:00.
4. Where a visit was not arranged in advance and was registered before 21.00 but took place during the night duty for reasons beyond the control of the Veterinary Surgeon on duty, the relevant rate under paragraph 3 above applies, in accordance with the price list in force at the Clinic for Visits between 21.00 and 08.00.
5. The Veterinary Services provided by the Clinic are chargeable. Pursuant to § 3 of Resolution No 116/2008/IV of the National Veterinary Chamber Council of 12 December 2008, public information published on the websites of treatment establishments may not contain price information. The price list for Veterinary Services is therefore available at the Reception.
6. The Clinic’s staff do not accept returns of medicinal products and medical materials previously dispensed, in accordance with Article 96(7) of the Act of 6 September 2001 – Pharmaceutical Law.
7. An animal is accepted for the provision of a Veterinary Service, and the Clinic’s obligation accordingly arises, once a registration entry has been made in the IT system by a member of the Reception staff.
8. Upon registration of the visit, the Animal Keeper is deemed to have read the Terms and Conditions made available to them, which may be inspected at the 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:
a) there are grounds to presume that the Animal Keeper is under the influence of alcohol or intoxicants, or is behaving inappropriately or aggressively;
b) the animal covered by the Veterinary Service is aggressive, is not controlled by the Animal Keeper or is not properly secured (in particular has no muzzle or collar), so that it poses an immediate danger to those around it and makes it impossible to carry out diagnostic and therapeutic activities correctly and safely;
c) the keeper has not settled the charges for the treatment provided to date.
10. Subject to paragraph 9 above, a Veterinary Service may be refused only where there is no concern that the refusal or the discontinuation of services may cause an immediate danger to the animal’s life.
11. Where a Veterinary Service cannot be provided, the member of the Reception staff is obliged to give the address of the nearest animal treatment establishment at which that Veterinary Service can be provided.
12. The scope and cost of a Veterinary Service are determined in each case by the Veterinary Surgeon conducting the Visit, in accordance with the price list for Veterinary Services in force at the Clinic referred to in § 7 of the Terms and Conditions. The Animal Keeper has the right to refuse consent to the provision of Veterinary Services after being informed of the scope and the expected price of the Veterinary Service before it is performed.
13. The admission of an animal to the inpatient treatment department, or the performance of specified surgical procedures, is possible only after obtaining the written consent of the Animal Keeper in accordance with the model animal admission/discharge form constituting Annex 2 to the Terms and Conditions, and after reading and accepting the hospital rules available at .
§ 5. [RIGHTS AND OBLIGATIONS OF THE ANIMAL KEEPER]
1. When using veterinary services at the Clinic, the Animal Keeper has the right to:
a) receive a service provided by suitably qualified staff, in accordance with the requirements of veterinary medical knowledge;
b) be informed of the animal’s state of health;
c) give consent to the provision of Veterinary Services, or refuse consent to a particular service, after being informed of the proposed diagnostic and therapeutic methods and after being told the price of the Veterinary Service concerned;
d) raise objections and comments with the attending veterinary surgeon and, where the information received is not satisfactory or in particularly important situations, directly with the Clinic’s management. A submission addressed to the management should be made in writing and sent to the e-mail address info@zviropolis.pl or by post to ul. Włodarzewska 87; 02-393 Warszawa. The Clinic’s management is obliged to reply in writing within 30 days of receiving the letter.
2. The Animal Keeper’s obligations include in particular:
a) complying with the provisions of these Terms and Conditions for the provision of veterinary services;
b) observing the prohibition on smoking tobacco and on consuming alcohol or other intoxicants on the Clinic’s premises;
c) respecting the dignity of the persons employed at the Clinic and treating the Reception staff courteously;
d) holding valid documents entitling the Animal Keeper to submit the animal for treatment;
e) observing the safety rules;
f) providing the Veterinary Surgeon with comprehensive information about the animal’s state of health, in particular about previous illnesses and procedures, the course of treatment to date and the medicinal products, medical preparations and other pharmacological agents administered to the animal.
3. An Animal Keeper who considers that their rights have been infringed while using Veterinary Services has the right to lodge a written complaint with the Clinic’s management.
4. The Reception staff and the 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 a carrier, lead, muzzle and the like on the day the animal is discharged from the Clinic. After that time, the above items will be handed over 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 such a case, in accordance with Article 9a of the Act of 21 August 1997 on the protection of animals (consolidated text: Dz. U. (Journal of Laws) of 2023, item 1580), the Clinic will notify the nearest animal shelter, the municipal guard or the police. The foregoing does not affect the Animal Keeper’s obligation to pay the costs of the Clinic’s keeping of the animal, as set out in the price list.
§ 6. [RULES FOR MAKING AVAILABLE THE RECORDS OF THE PROVISION OF VETERINARY SERVICES]
1. Every Veterinary Service provided is documented in electronic form, recorded and stored on IT 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. The veterinary medical records and the animal treatment register are the property of the Clinic.
3. The Clinic’s staff make the records of the provision of Veterinary Services available to the Animal Keeper and to the entities authorised to access those records under the relevant legislation, in particular Article 28(2) of the Act.
4. The records of the provision of Veterinary Services are made available by preparing extracts, transcripts or copies thereof.
5. The veterinary medical records and the records of the retail trade in veterinary medicinal products are archived and kept on the Clinic’s premises for 5 years from the date on which they were drawn up.
6. The types of veterinary medical documents issued at the Clinic are:
a) Visit information card – a document printed from the Animal Treatment Book;
b) Treatment history – describes the course of treatment over a specified period;
c) Case history – describes the course of treatment of a particular disease entity;
d) Specialist examination (orthopaedic, cardiological, dermatological, neurological and other) – describes the course of the specialist examination, states the diagnosis and proposes the direction of further treatment;
e) Death certificate – a certificate confirming the death of the animal;
f) Description of a procedure – describes the procedure concerned together with post-operative recommendations.
7. Records of the provision of veterinary medical services in the form of a “Visit information card” are issued at the Animal Keeper’s request by the Veterinary Surgeon during the Visit.
8. The records of the provision of veterinary medical services referred to in paragraph 6(b)–(f) above are made available by the Clinic’s staff at a time agreed with the Veterinary Surgeon in charge of the treatment.
§ 7. [CATALOGUE OF MEDICINAL PRODUCTS AND PROCEDURES]
1. The Clinic provides Veterinary Services for a fee, in accordance with the applicable Catalogue of Medicinal Products and Procedures and the price list. The Catalogue of Medicinal Products and Procedures constitutes an annex to the Terms and Conditions.
2. The Animal Keeper is obliged to cover all costs connected with the animal’s preventive care and treatment, in accordance with the price list.
3. Information on the estimated price of a Veterinary Service may be obtained when registering the Visit, or during the Visit at the 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 medicinal products administered and the products used during the visit, in accordance with the price list. Where the estimated price of a Veterinary Service is to be exceeded, the Animal Keeper’s consent is required in each case.
5. The Animal Keeper is deemed, before commissioning a Veterinary Service, to have read the Catalogue of Medicinal Products and Procedures and to have noted the prices of Veterinary Services set out in the price list.
6. All prices of Veterinary Services indicated in the price list are contractual.
7. Payment for the Veterinary Services provided is made in cash or by cashless means (payment card or bank transfer) immediately after the service has been performed, on the basis of a fiscal receipt or a VAT invoice.
8. In the case of surgical procedures, as well as of inpatient treatment at the hospital operated by the Clinic, an advance payment of 50% of the estimated total cost of the animal’s treatment must be made. 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 in each case.
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 performed, the Clinic is entitled to charge statutory interest on that amount.
10. In order for a VAT invoice to be issued for the services provided, the Animal Keeper must report this before the receipt is issued from the cash register and provide the invoicing details, including the NIP (tax identification) number.
§ 8. [RULES OF LIABILITY]
1. Veterinary Surgeons undertake to provide Veterinary Services in accordance with the best veterinary knowledge and with due diligence, using the equipment, knowledge, experience and skills at their disposal.
2. Professional liability based on the fault 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 the practice of their profession and hold the appropriate insurance required by generally applicable law.
4. The Clinic’s staff are not liable for damage arising through the fault of the Animal Keeper.
5. The Clinic’s staff are not liable for the property of Animal Keepers left on the Clinic’s 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 medicinal products, as well as any other information about the animal that may affect its treatment.
7. The Clinic’s 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 about the animal’s state of health referred to in § 5(2)(f) of the Terms and Conditions, or of the existence of contraindications and other circumstances which constitute a contraindication to the provision of a given Veterinary Service under paragraph 6 above and were not known to the Clinic’s staff.
8. The Animal Keeper bears financial liability for any damage caused on the Clinic’s premises through their fault or by the animal in their care.
9. In all emergencies involving animals in the Clinic’s care that require an immediate response from a Veterinary Surgeon, the Clinic reserves the right to take life-saving measures without the Animal Keeper’s prior consent, and the Animal Keeper will be charged for such measures in accordance with the price list in force at the Clinic. 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 of their expected cost under the price list.
§ 9. [PERSONAL DATA PROTECTION]
In accordance with Article 13 GDPR, the Clinic informs that:
1. The controller of the Animal Keeper’s personal data, which will be processed in accordance with the GDPR in connection with a Visit or with the animal’s stay at the hospital operated by the Clinic under the hospital rules, is the Clinic.
2. The controller may be contacted as follows:
a) by e-mail to: info@zviropolis.pl,
b) or in writing to the address indicated in § 2(1) of the Terms and Conditions.
3. Personal data will be processed for the purpose of:
a) providing Veterinary Services in accordance with the Terms and Conditions and with the rules of the Clinic’s hospital – Article 6(1)(b) GDPR, for the period necessary to provide the Veterinary Services,
b) compliance with a legal obligation to which the controller is subject, in particular as regards:
· issuing and storing financial documentation and other accounting documents – Article 6(1)(c) GDPR in conjunction with the relevant provisions of the Act of 29 September 1994 on accounting,
· storing the records of the Veterinary Services provided – Article 6(1)(c) GDPR in conjunction with the applicable provisions governing the retention of such records,
· responding to complaints submitted by Animal Keepers as consumers – Article 6(1)(c) GDPR in conjunction with the relevant provisions of the Act of 30 May 2014 on consumer rights,
· disclosing the data of Animal Keepers at the request of the competent authorities and courts – Article 6(1)(c) GDPR in conjunction with the relevant provisions entitling those authorities to obtain such data, for the period required by those provisions or until the claims connected with the complaints submitted become time-barred, as applicable,
c) pursuing the controller’s legitimate interests – Article 6(1)(f) GDPR, namely:
· establishing, defending against or pursuing claims, for the limitation period applicable to any claims,
· ensuring the safety of persons and property at the Clinic in connection with the CCTV monitoring used at the Clinic, for a period of 3 months from the date of the recording,
· sending reminders [by text message and/or e-mail] about upcoming Visits or other matters directly connected with the animal’s treatment, for the period during which Veterinary Services are provided.
4. The recipients of personal data are:
a) IT service providers,
b) providers of the software and systems used by the controller,
c) legal advisers, law firms and auditors,
d) external debt collection entities, where payment for Veterinary Services has not been made and the Clinic has decided to refer the matter for debt collection.
In addition, the controller reserves the right to disclose selected information to the 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:
a) the right of access to data (Article 15 GDPR),
b) the right to request the rectification of personal data (Article 16 GDPR),
c) the right to request the erasure of their personal data (the “right to be forgotten”) (Article 17 GDPR),
d) the right to request the restriction of the processing of personal data (Article 18 GDPR),
e) the right to personal data portability, that is, to receive personal data in a structured, commonly used, machine-readable format (where the processing is based on Article 6(1)(a) GDPR) (Article 20 GDPR),
f) the right to object to the processing of data on grounds relating to their particular situation, to the extent that the basis for processing personal data is legitimate interest (Article 21 GDPR),
g) 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 the processing is required by applicable law. Failure to provide the data means that Veterinary Services cannot be provided in accordance with the Terms and Conditions.
7. Personal data will not be subject to automated decision-making, nor will they be profiled.
§ 10. [RULES AND PROCEDURE FOR CONDUCTING TRAINING]
1. The Clinic conducts the training referred to in Article 12(1) of the Act.
2. Training is chargeable 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, with its registered office in Warsaw (02-776) at ul. Nowoursynowska 159, building 24, room 11.
2. The address given at the Reception during registration is treated as the address for service of all correspondence addressed to the Animal Keeper.
3. The following apply, as appropriate, to the resolution of any disputes:
a) the Code of Ethics and Deontology of the Veterinary Surgeon,
b) the Act of 21 December 1990 on the profession of veterinary surgeon,
c) the provisions of the Civil Code (Article 734 et seq.).
4. The Clinic’s staff show understanding for the emotional reactions of Animal Keepers caused by the suffering of their animals and by treatment prognoses that are difficult to determine where the animals’ lives are at risk. This does not, however, mean that aggressive or overbearing 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, comprising:
a) a change in legislation, or the issue of final and binding administrative decisions or judgments of the ordinary courts requiring amendments and addressed to the Clinic, or a change in the interpretation of such legislation as a result of court judgments, decisions, recommendations or guidance from the offices or authorities competent in the given field,
b) technical or organisational changes to the Veterinary Services provided and to their scope,
c) the analysis of complaints concerning the content of the Terms and Conditions,
d) organisational and administrative changes in the running of the Clinic,
e) changes to the price list of services and products;
f) changes in the clinical, therapeutic and treatment approach resulting from the findings of clinical research and the latest scientific literature.
6. If individual provisions of the Terms and Conditions are held invalid or ineffective in the manner provided for by law, this does not affect the validity or effectiveness of the remaining provisions of the Terms and Conditions. The invalid provision shall be replaced by a rule that comes closest to the objectives of the invalid provision and of the whole.
Annexes:
1. Catalogue of Medicinal Products and Procedures, available at the clinic’s Reception,
2. Model animal admission/discharge form.