The Wiener Privatklinik is an attending physician hospital, therefore a separate treatment contract is concluded between the treating physician and the patient. The treating physicians act in their own name and under their own terms and conditions, independently from the Wiener Privatklinik.
General Terms and Conditions
for Private Hospitals in Austria
Issued by the Association of Private Hospitalization of Austria
Member of the Union Européenne de l’Hospitalisation Privée (UEHP)
1. Scope of application
1.1 The subject General Terms and Conditions govern the contractual relationship between patients and the hospital. They apply to all outpatient and inpatient treatments of patients of the hospital.
1.2 The General Terms and Conditions apply to all hospitals of which the corporate entities are members of the Association of Private Hospitalization of Austria.
1.3 The subject General Terms and Conditions apply to rights and obligations of patients, and subordinated to them apply the provisions of the Provincial and Federal Hospital Act [Landes- und Bundeskrankenanstltengesetz] and the General Civil Code ABGB.
2. Patient's request for admission and accommodation
2.1 Admission in the hospital takes place after referral of the patient by a registered physician in private practice. In special cases admission may take place also without any referral.
2.2 The patient shall without delay give information on the choice of a physician who primarily is in charge [hauptbehandelnder Arzt] of treating him.
2.3 Admission in the hospital takes place through the de facto act.
3. Contract for accommodation
3.1 Patient’s admission in the hospital gives rise to a contract for accommodation.
3.2 The mode of admission (inpatient or outpatient) depends on the decision and/or instructions of the physician referring the patient to the hospital or other physician examining in the hospital.
3.3 The patient states his/her request for accommodation in the course of the admission procedure Upon admission the patient acknowledges the charges for nursing and hospital as posted in the hospital premises. They will be charged on the basis of accommodation provided, but only up-to the amount corresponding with the request for accommodation.
3.4 Upon admission an adequate amount shall be paid to the hospital on account, in any case not less than 50% of the expected cost of treatment. The hospital has the right to refuse admission of the patient — unless not qualifying for refusal in terms of the KAG law — if the requested down payment has not been fully effected. Upon information given by the hospital, patient is obligated to fill up with the required amount without delay any payments on account which have been used up, failing which legal consequences pursuant to 13.1 second sentence will be given.
3.5 For patients with an additional health insurance the hospital may dispense with patient’s obligation to effect a payment on account in case insurer’s statement to assume costs is submitted. The statement to assume costs shall as a rule be submitted by patients upon admission to the hospital. The patient may, however, authorize the hospital to obtain on his/her behalf the assumption of costs from the insurer.
3.6 This accommodation contract is based on: The General Terms and Conditions, the charges for nursing and the hospital, any special charges as well as doctor’s fees as posted, and the blank for for admission completed and signed by the patient.
3.7 Amendments and supplements to the accommodation contract made at a later date are subject to confirmation by the hospital in writing in order to be legally effective.
4. Contract for medical treatment
4.1 The contract for medical treatment shall be entered into between the patient and the physician in charge of treating him. The contract for medical treatment comprises the information required and its documentation by the physician, the patient’s consent to the treatment proposed, the agreement on the fee for the treatment to be performed by the physician in charge, by his/her subordinated physicians, consultants and other vicarious agents.
4.2 Upon referral by the physician subsequently in charge, the existence of a contract for medical treatment — in any form whatever — between him/her and the patient is deemed given for the hospital.
4.3 If no physician of patient’s choice [Wahlarzt] is nominated pursuant to item 2.2, the physicians of the hospital will be in charge of the treatment. In this case, the hospital’s physician in charge shall give and document the required information to the patient in accordance with the KAG act.
4.4 As long as patients do not object with the medical management of the hospital to the mode and method of the treatment proposed by the hospital’s physician or his physician selected pursuant to item 2.2, patient’s consent to it is deemed expressly given for the hospital.
4.5 If for medical services provided there is no evidence of existence of an agreement on the fee or if there is disagreement to this effect, medical services can in any case be charged in the amount of the maximum fees recommended by the Vienna Medical Board for inpatient treatment — also for outpatient treatment.
5. Nursing charges and special charges (hospital charges, doctor's fees, etc.) and other remuneration
5.1 For patient’s admission, accommodation, food, general practitioner’s services and basic care, the hospital will charge nursing and hospital charges as well as ancillary and special charges and/or special remuneration.
5.2 For patient’s day of admission and discharge, the full amount of the nursing and hospital charges is payable.
5.3 The charges are posted for inspection in the hospital.
5.4 In addition to the nursing charges, in particular the following special charges will be collected:
a) Cost of patient’s transportation to and from the hospital.
b) Dentures and gadgets and body replacement elements as provided.
c) Cost of burial, if applicable, of persons deceased in the hospital.
d) The hospital’s charge, as surplus to the charge for nursing and special charges covering the increased general and personnel expense in the special class.
e) The physician’s fees for any medical examination and treatment, in particular the so-called «technical» services, such as e.g. laboratory, x-ray, physiotherapy, ECG, ultrasound examinations, CT, MRI, SPECT.
f) Deductibles (retention, excess) from the benefits paid by the social insurance institution for co-insured patients.
g) Deductibles (retention, excess) under supplementary insurance policies.
5.5 Doctor’s fees pursuant to 5.4 lit e for physicians of patient’s choice[Wahlarzt] and their vicarious agents will be collected on their behalf, account and risk.
5.6 Special charges and other charges, such as in particular telephone rental, telephone calls, extra food and drinks, TV rental, newspaper service, single room surcharge and special administrative services (secretarial services, copying, telefax, etc.) will be invoiced by the hospital in the amounts expensed. The amount of the respective fees and other charges can be inspected as posted.
6. Terms of payment
6.1 If the hospital prepares a detailed cost budget in writing, patient acknowledges that cost budgets are prepared with regard to the duration of hospitalization and the intended medical treatment corresponding to an adequate course of recovery and treatment and without any commitment and can be exceeded also considerably in individual cases, depending on the actual course of recovery and treatment, especially in case of complications.
6.2 All fees and other charges as posted are to be understood including all statutory taxes and levies.
6.3 Nursing, hospital and special charges as well as other charges and contributory charges are due payable as at the day of being invoiced by the hospital. Upon expiry of six weeks the hospital is authorized to charge interest on arrears from the date as due for payment at the rate of 1% per month, plus dunning and collection charges.
6.4 Exclusively the patient is obligated to effect payment.
6.5 Patient’s obligation to pay is given also in case of insurance cover by social and supplementary insurance institutions and is also not substituted by any direct settlement between the hospital and the insurance company.
7. Contractual relationship with the social insurance institutions
7.1 The hospital can settle the mandatory health insurance portion of the social insurance institution for the nursing charge with the social insurance institute or with the patient.
7.1.1 Settlement with the social insurance institution
If the hospital has entered into a direct settlement contract with patient’s social insurance institution, the respective portions of the nursing fee will for the time being be settled directly with such social insurance institution.
In case the social security institution refuses assumption of all or part of the cost for whatever reason, the patient is liable — in accordance with item 6.5 — for payment to the hospital of the compulsory health insurance portion.
7.1.2 Settlement with the patient
If the hospital has not entered into any direct settlement agreement with social insurance institutions, the hospital may deduct from the fee invoice such part of the nursing fee and physicians’ fees expected to be assumed by the social security institutions on the basis of statutory provisions and charge it to the patient for payment on the basis of a separate invoice.
Patient can, after payment of the invoice amount, file the original of the invoice, accompanied by the confirmation of payment, for refund by the social security institution involved.
7.2 The hospital assumes no liability for the amount and the scope of refunds by the social security institution.
7.3 The hospital shall provide information by posting existing direct settlement contracts.
8. Contractual relationship with private supplementary insurance companies
8.1 The hospital can settle nursing charges, hospital fees, special fees and physicians’ fees with supplementary insurers or with the patients.
8.1.1 Settlement with the supplementary insurance company
If the hospital has entered into direct settlement agreements with an insurance company providing for benefits for the patient, the hospital will settle the nursing, hospital and special charges as well as physicians’ fees directly with the additional insurance company involved upon availability of a cost assumption confirmation.
In case the company providing the additional insurance coverage refuses to assume the costs or if the rates are not sufficient, as well as in case of inadequate coverage or of deductibles, the patient is liable — irrespective of any agreement between hospital and additional insurer — applicable for the case of any full cost coverage — for the full amount of all fees and charges (item 5) in accordance with the rates posted and/or in accordance with item 4.5.
8.1.2 Settlement with the patient
If the hospital has not entered into any direct settlement agreement with Austrian additional health insurance companies, the hospital will invoice patient all charges, physicians’ fees and other charges, less, as the case may be, the portion of the cost attributable to a social insurance company.
8.2 The hospital assumes no liability for the amount and the scope of refunds by the additional insurer.
8.3 The hospital shall provide information by posting existing direct settlement contracts.
9. Exclusion from insurance coverage
9.1 Excluded from direct settlement and insurance coverage of an Austrian additional hospital expense insurance are usually:
a) Cosmetic treatment.
b) Rehabilitation and nursing procedures for chronically ill persons.
c) Treatment required due to abusive consumption of alcohol or narcotics
d) Patient’s detention [Anhaltung] and confinement because of danger to himself/herself or others as well as treatment of the consequences of attempts for suicide.
e) Treatment in connection with dental implants.
f) All forms of artificial insemination.
g) Inpatient admission for a thorough check-up which could also be made in the outpatient mode.
9.2 All charges, physicians’ fees and other charges for such treatment are to be borne directly by the patient in any case and he will be charged accordingly without any exception such as in a case of item 8.1.2.
10. Liability and damages
10.1 The hospital assumes no liability for medial treatment of the patient by the physician in charge as selected by the patient, his/her vicarious agents and consultants he called in. Patient releases hospital of liability to this effect, except if any joint liability of the hospital for gross negligence or intent — subject to patient’s providing proof.
10.2 Patient will claim liability resulting from medical treatment from the physician in charge he/she selected, and from his/her vicarious agents, as well as possibly the consultants he/she called in.</p>
11. Duty of non-disclosure
11.1 The hospital is subject to the duty of non-disclosure pursuant to the KAG act.
11.2 The patient, however, authorizes the hospital to provide to social and private additional insurance institutions any information required, in particular for the purpose of obtaining the statement to assume costs, and for the settlement.
11.3 Patient agrees to automation supported processing of his/her data.
12. Liability for valuables
12.1 The hospital assumes no liability for valuables not properly deposited with the hospital’s management. Liability for other objects brought in by patients is limited to Euro 182.- per stay.
13. Hospital and in-house rules
13.1 Patient is obligated to comply with the hospital and in-house rules as available for inspection in the admissions office and to bind accompanying persons and visitors by this obligation. In case of a severe infraction of the stipulations of the hospital and in-house rules, the hospital is authorized to dissolve the accommodation contract at the earliest opportunity and to accommodate the patient at patient’s cost and risk in another hospital in case further nursing is required.
14. Leave, written undertaking [Revers]
14.1 Patient is not allowed to leave the premises of the hospital without prior confirmation by the hospital and the physician in charge.
15. Place of performance and jurisdiction
15.1 For resolution of any dispute resulting from the accommodation contract, the court having territorial and subject matter jurisdiction shall be addressed. Place of performance for all mutual services/benefits/performance is the location of the hospital. Austrian law applies.
16 Final stipulations
16.1 Ineffectiveness of stipulations of the subject General Terms and Conditions shall not affect the validity of all other stipulations.
16.2 These General Terms and Conditions shall become effective as of 1 February 1999.