9020 Klagenfurt am Wörthersee, Austria
Christina Suppanz Fotografie
General terms and conditions
Zala Pušnik works as an independent midwife. Her place of residence is A-9073 Viktring and she is registered here in the midwife register of the Austrian Board of Midwives (Hebammenregister des österreichischen Hebammengremiums) with the number 1881.
The contract of treatment between Zala Pušnik (hereafter referred to as “private midwife”) and the pregnant woman/woman giving birth/woman in the post-natal period (hereafter referred to as “client”) is regulated by these general terms and conditions.
Signing of the Contract:
The contract of treatment between the private midwife and the client comes into effect following the first consultation, which is subject to a charge, and the signing of the contract of treatment and the agreed catalogue of services.
The private midwife has the right to refuse a contract of treatment without providing concrete reasons, in particular when the necessary relationship of trust with the client is not to be expected.
Terms of the Contract:
The exact service description of the contract of treatment results from the catalogue of services agreed between the private midwife and the client.
The private midwife is generally not bound to providing services at one particular location. Whereby, the provision of services in the majority of cases takes place at the residence of the client.
The Clients Obligations of Cooperation:
The client is obliged to provide the midwife with truthful information regarding circumstances, which, from the perspective of the private midwife, are considered necessary to ensure the wellbeing of the client, the newborn and the baby. It is necessary for the client to provide the private midwife with all the information relevant for the activities of the midwife, particularly information regarding health problems and medical conditions.
The client is obliged as part of the initial examination to provide the private midwife with all necessary information. This obligation of cooperation also falls on the client over the course of subsequent examinations.
The client is obliged to immediately inform the private midwife of any changes in their personal data or place of residence.
With regard to facts and confidential information that have been imparted, the private midwife is obliged by law (§ 7 des Hebammengesetzes (HebG)/ § 7 of the Midwifery Law) to maintain confidentiality.
In the case of the private midwife being impeded from carrying out agreed services, the client is required to take up recommended professional follow-up care.
Should the client not be able to reach the midwife, the client is obliged to make contact with the recommended contact person as named by the private midwife.
The private midwife may withdraw from the contract of treatment, if the client does not fulfil the obligations of cooperation.
Appointments are arranged individually with the client, and agreed appointments are to be kept.
Should it not be possible to keep an appointment for important reasons, this information must be imparted to the midwife in person or by telephone at least 24 hours before the scheduled appointment.
Should the appointment not be cancelled within the time period stated above or not take place at all without explanation, the client is required to pay the private midwife a compensation fee to the amount of € 50.00 per missed hour of treatment. The health insurance provider will not reimburse these costs.
Authority of representation:
The private midwife provides the majority of services themselves. She can however be replaced by a suitable person. The person taking over the midwife’s duties is subject to the same obligations as those the midwife agreed to in this contract. In particular, this person is also bound to confidentiality.
In the case that the midwife is impeded from providing the agreed services, the private midwife will try to organise professional follow-up care for the client. Whereby, referral to a clinic is also deemed as professional follow-up care.
Inability to Carry out Duties:
In the case of illness or long term absence the midwife is obliged to promptly notify the client of their inability to carry out their duties as soon as this is known, or in the case of absence, at least four weeks before the occurence of this event.
Costs of Treatment, Consultation and Medical Care:
The services provided by the midwife are to be specifically agreed on and invoiced. Whereby, the fee is payable to the private midwife after provision of the agreed individual services.
Should the agreed service not be provided, though not through the fault of the private midwife, who was willing to provide the service, she is owed compensation according to point 5.3.
The client is informed of the costs of the private midwife by means of the provision of a sample quotation. The sums provided are net sums.
The conditions of payment are to be agreed individually. In the case of no prior agreement, one invoice is provided at the end of the treatment.
On-call duty is to be paid in the 37th week of pregnancy following receipt of invoice.
Delay of Payment:
In the case of a delay of payment, the client will be charged interest at the legal rate of (currently) 4%:
The private midwife is entitled to invoice reminder fees at the rate of € 10.00 for each written reminder.
Termination of Contract:
Both parties of the contract have the right to terminate the existing contract of treatment without providing concrete reasons at any point and with immediate effect by written declaration.
The private midwife may end the contractual relationship to the client unilaterally without providing concrete reasons, or may terminate the contract of treatment taking into account all duties of protection and duties of due care. Whereby, the private midwife is not required to support the client in the process of finding another midwife support.
The midwife has the right to terminate the treatment, in particular if the client ignores the treatment recommendations, the necessary information for examination and diagnosis provided are incorrect or incomplete, or if the therapeutic measures are ignored.
In any case, the private midwife has the right to claim for costs for treatment, consultation and medical care provided until the termination of the contract.
Changes to the Contract
Changes to the contract may only be made in written form.
Court of Jurisdiction:
Any disputes arising from the existing contract of treatment shall be decided exclusively by the competent court in Klagenfurt.
Should a regulation of this contract become ineffective or invalid, the effectiveness of the remaining regulations shall remain unaffected.
The contracting parties undertake to replace the invalid provisions with valid provisions, which shall correspond as closely as possible with the said invalid provisions.
The mutual rights and obligations of the contracting parties are governed by this contract.
In the event of contradictions in this contract, the following sources of law shall apply in the order of precedence shown below:
Provisions of the Midwifery Law / Hebammengesetzes (HebG);
Provisions of the Austrian Civil Code / Allgemeinen bürgerlichen Gesetzesbuches (ABGB).