Upon conclusion of the treatment contract between the patient and Univ. Prof. Dr. Kurosh Paya- Clinic Vienna, the following General Terms and Conditions (AGB) in the version valid at the time of conclusion of the contract shall be applied. The patient can view, download and print out the currently valid version of the General Terms and Conditions at https://www.kinderchirurg.info/agb. Upon request, the general terms and conditions will be provided.
II. Contracting Parties
The treatment contract is concluded exclusively between the patient and Univ. Prof. Dr. Kurosh Paya. Minor patients are represented by their legal guardians for care and education.
III. Content of the contract
The scope, content and type of medical treatment are specifically given and described in the treatment contract.
The payment of an agreed advance payment is a condition of the legal validity of the treatment contract.
IV. Standard of care
Univ. Prof. Dr. Kurosh Paya-Clinic Vienna is obliged to provide the services owed under the treatment contract as an expert pursuant to § 1299 ABGB (Austrian Civil Code).
Univ.Prof. Dr. Kurosh Paya-Clinic Vienna owes neither healing nor a certain healing success, but professional treatment according to the objective state of knowledge of his field.
V. Involvement of third parties (doctors, support staff)
Univ.-Prof. Dr. Kurosh Paya-Clinic Vienna is entitled to use the services of third parties to fulfil the obligations owed under the treatment contract.
If Univ.-Prof. Dr. Kurosh Paya-Clinic Vienna is personally represented (by another physician) in whole or in part, the treatment contract to this extent and scope is only valid between the representative and the patient.
If third parties, other doctors (e.g. anaesthetists) are called in for treatment, the patient concludes a treatment contract directly with them. Univ. Prof. Dr. Kurosh Paya- Clinic Vienna is not liable for any misconduct of third parties.
The services rendered by Univ. Prof. Dr. Kurosh Paya - Clinic Vienna are to be paid for on the basis of the legal and professional regulations for fee assessment (especially the medical fee rate for general services and special services including the surgery rate for general practitioners and specialists for surgery).
If Univ. Prof. Dr. Kurosh Paya-Clinic Vienna calls in third parties (e.g. for physical treatment, medical-diagnostic examinations, doctors and other auxiliary personnel) to perform the services owed under the contract, the expenses incurred in this connection shall also be remunerated on the basis of the relevant fee regulations.
The fee is due in full upon completion of the treatment.
Univ. Prof. Dr. Kurosh Paya-Clinic Vienna is entitled to request partial payments in an appropriate amount and appropriate advance payment to secure the treatment costs before the due date, in each case against a later final invoice.
In case of unjustified withdrawal from the contract, as well as in case of non-appearance at the agreed treatment date, Univ. Prof. Dr. Kurosh Paya -Clinic Vienna is entitled to the fee owed for the intended treatment.
In the event of default of payment, 8% interest p.a. shall be deemed agreed. The patient is obligated to pay Euro 20.00 for the first reminder and Euro 35.00 for each further reminder as well as to reimburse all judicial and extrajudicial costs of the assertion of the pending claims, as far as they are necessary for the appropriate prosecution.
VII. Prohibition of compensation
The patient is not entitled to use or settle his own claims against claims of the University Prof. Dr. Kurosh Paya Clinic-Vienna or third parties called in by him.
VIII. Withdrawal, right of revocation
Univ. Prof. Dr. Kurosh Paya Clinic Vienna is free to accept an offer to conclude a treatment contract. After acceptance of the contract, Univ.Prof. Dr. Kurosh Paya-Clinic Vienna is entitled to withdraw from the contract at any time without giving reasons until the beginning of the treatment (administration of medication, beginning of operations). If complications occur or are to be feared after the start of treatment, Univ. Prof. Dr. Kurosh Paya Clinic Vienna is entitled to transfer the patient immediately to a hospital for further treatment. The patient shall bear the incurred costs.
The patient is entitled to revoke his or her contractual declaration within 14 days. The right of revocation is not applicable if the treatment was started before the end of the revocation period at the express request of the patient.
IX. Time limit
Claims due to non-performance/failure to perform the treatment contract are, in case of other loss of the claim, at the latest within 18 months, calculated from the last service rendered by Univ. Prof. Dr. Kurosh Paya -Clinic Vienna. In the event of non-performance, the relevant date shall be the date on which the treatment should have taken place.
X. Limitation of liability
Claims of the patient due to violation of the treatment contract are limited to the amount of the agreed coverage of the professional liability insurance contract concluded by Univ. Prof. Dr. Kurosh Paya Clinic-Vienna. Liability for material damage suffered is limited to intent and gross negligence. Liability for slight negligence is excluded.
In the case of representation, the liability of Univ.-Prof. Dr. Kurosh Paya-Clinic Vienna for negligence on the part of the representative is excluded.
XI. Severability clause
Should one or more provisions of these General Terms and Conditions be ineffective, this shall be replaced by a legally effective provision that comes closest to the economic purpose of this provision.
XII. Choice of law
Exclusive application of Austrian law is agreed.
XIII. Place of performance and jurisdiction
Brigittaplatz 23, 1200 Vienna, Austria is agreed as the place of performance and payment. For disputes arising from this contract, the factual and locally competent court for 1200 Vienna is agreed.
XIV. Written form
Deviating regulations are only effective if they are agreed in writing; this applies in particular to the waiver of the hereby expressly stipulated formal requirement of the written form.
XV. Contract language
Contract, treatment and business language is German.
XVI. Court of Arbitration
The patient undertakes to appeal to the arbitration court of AIK Vienna before appealing to an ordinary court.
XVII. Elective doctor clause
As a patient of Dr. Kurosh Paya, I confirm that I have been comprehensively informed about the services offered by the hospitals of the City of Vienna regarding the treatment options for my disease. For personal reasons, however, I currently refuse treatment in a hospital of the City of Vienna and intend to be admitted and treated by a doctor of my choice in a hospital outside the hospitals of the City of Vienna. I agree that this declaration will be forwarded to the Vienna Hospital Association as documentation of the patient's wish.