General Terms and Conditions

Independent Midwife Mag.a Zala Pušnik

General / Scope

These general terms and conditions (GTC) form the basis of all legal relationships between Mag.a Zala Pušnik (hereinafter referred to as the “independent midwife”) and the pregnant woman/mother (hereinafter referred to as the “client”) for services provided by the independent midwife, who is based in 9020 Klagenfurt (registered in the Austrian Midwives Register under number 1881).
These GTC also apply to all future orders, even if they are not explicitly referred to in additional orders. Unless otherwise agreed, these GTC apply in the version valid at the time of the order or, in any case, in the version most recently communicated to the client.
In individual cases, individual written agreements with the midwife take precedence over these GTC.

 

Scope, Acceptance, and Conclusion of the Treatment Contract

The treatment contract is the agreement between the midwife and the client based on these GTC and the current midwifery rates published by the Austrian Midwives Council at www.hebammen.at. Unless otherwise agreed, the midwifery rates valid at the time of the contract or, in any case, most recently communicated to the client, apply.
The treatment contract comes into effect when the midwife and client agree in writing on the services to be provided by the midwife based on the service catalog (Section 3) and the midwifery rates following the initial (paid) consultation, or when the client implicitly accepts the services offered by the midwife based on the service catalog (Section 3) and the midwifery rates.
Right to Decline: The midwife reserves the right to reject a client’s offer to conclude a treatment contract without giving reasons. This applies in particular if the necessary relationship of trust with the client cannot be expected.

 

Contract Subject Matter

The scope of services covered by the treatment contract is defined by the service catalog agreed between the midwife and the client. The midwife is generally not bound to a specific location when providing services, but the services are usually performed at the client’s residence. In case of doubt, the midwife’s place of business is the place of performance.
The following services are offered by the midwife:

  • Pregnancy care – home birth – postpartum care after home birth
  • Pregnancy care – labor support – postpartum care after outpatient birth
  • Pregnancy care – labor support – postpartum care after hospital discharge
  • Pregnancy care – postpartum care after outpatient birth
  • Pregnancy care – postpartum care after hospital discharge
  • Postpartum care after hospital discharge
  • Pregnancy care

 

Appointment Scheduling

The appointments for the services provided by the midwife are agreed upon individually with the client in advance. Appointments must be kept. If an appointment cannot be kept for an important reason, the client must inform the midwife personally or by telephone at least 24 hours before the agreed appointment.
If the appointment is not canceled within the above-mentioned period or is missed without notice, the client is obliged to pay the midwife a lump sum compensation of €50.00 per missed treatment hour. The lump sum compensation of €50.00 is payable immediately, but no later than upon invoicing by the midwife. These costs are not reimbursed by health insurance.

 

Authorization to Delegate

The midwife generally provides the services herself. However, she may delegate individual tasks to a suitable person. The midwife may pass on tasks or parts of tasks to another person in the event of incapacity. The midwife’s representative is subject to the same obligations as those to which the midwife is bound under this agreement (treatment contract). In particular, the representative is subject to confidentiality and secrecy obligations. In the event of the midwife’s incapacity to provide the agreed services, the midwife will make every effort to ensure professional care for the client, including a referral to a clinic as part of professional care.
In case of illness or long-term absence, the midwife must notify the client as soon as possible or, in the case of planned absence, no later than four weeks before the event.

 

Costs of Services / Midwifery Fees

The services provided by the midwife are charged based on the midwifery fees valid at the time of the contract (published at www.hebammen.at).
The midwife’s fee entitlement arises with the provision of the individual service and is due for payment upon completion of the service, but not before invoicing by the midwife.
If the service is not performed for reasons not attributable to the midwife, the midwife is entitled to compensation under Section 6.1. The midwife’s fees will be communicated to the client by providing a price list during the first paid consultation.
Unless services are billed individually, a total invoice will be issued after the completion of the last part of the service. The on-call service fee is due upon receipt of the invoice in the 37th week of pregnancy.

 

Reimbursement by Health Insurance

Regarding the costs invoiced by the midwife, the client can apply for reimbursement from their health insurance provider. In general, the midwife’s costs are reimbursed up to 80% of the valid health insurance tariff. The midwife has no obligation to assist the client in this reimbursement process. No legal claims against the midwife can arise from the rejection of reimbursement by the health insurance provider.
The current tariffs of the Austrian regional health insurance funds and the current reimbursement regulations can be found at http://www.hebammen.at/elternkosten/.

 

Default on Payment

In the event of default on payment, the client owes default interest at the statutory rate of 4%.
The midwife is entitled to charge a reminder fee of €10.00 for each reminder.

 

Client’s Duty to Cooperate

The client is obliged under § 4(3) of the Midwives Act to provide truthful information to the midwife regarding circumstances that are necessary for the proper safeguarding of the client’s, the unborn child’s, and the newborn’s health and well-being. The midwife must be informed of all relevant information, particularly health complaints and impairments.
The client must provide all necessary information during the initial medical history intake and continue to fulfill this obligation during subsequent consultations, particularly when new health complaints or impairments arise.
The client is also obliged to promptly inform the midwife of any changes to personal data or residence.
In the event of the midwife’s incapacity (see Section 5), the client must cooperate in arranging for professional alternative care. If the client cannot reach the midwife, they are obliged to contact a hospital.

 

Premature Termination of Contract

Both parties are entitled to withdraw from the treatment contract at any time with immediate effect through a written declaration (email is sufficient). The midwife is entitled to terminate the contractual relationship unilaterally at any time and without providing reasons. In such cases, the midwife is not obliged to assist the client in finding alternative midwifery care.
The midwife may terminate the contract with immediate effect and without providing reasons if the client violates the contractual obligations, negates the advice provided, provides incomplete or inaccurate information, or obstructs treatment measures. The midwife’s entitlement to fees for services provided up to the termination of the contract remains unaffected.

 

Data Protection

The midwife is obligated to confidentiality under § 7 of the Midwives Act and treats the client’s health and personal data confidentially. The client’s data will be processed and stored in accordance with statutory data protection provisions. The midwife’s privacy policy is available at https://www.zala-hebamme.at/en/imprint.

 

Final provisions:

The performance of the contract and any claims arising from it shall be governed exclusively by Austrian law, in particular the provisions of the Midwifery Act and the General Civil Code as amended, excluding the conflict of law rules of private international law. In the event that individual provisions of these GTC are and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis of these GTC. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and economic purpose of the invalid provision. The place of jurisdiction is the competent court in Klagenfurt. The place of performance is the registered office of the Wahlhebamme.