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Zala Pušnik is a freelance midwife based in 9020 Klagenfurt am Wörthersee and is registered under number 1881 in the midwives’ register of the Austrian Midwives’ Association. These General Terms and Conditions (GTC) regulate the treatment contract between Zala Pušnik (hereinafter referred to as the “chosen midwife”) and the pregnant woman/mother (hereinafter referred to as the “client”) in the form of a freelance service contract.

Contract Conclusion:

The treatment contract between the chosen midwife and the client is established after a paid initial consultation and the signing of the treatment contract and the agreed-upon service catalog. The chosen midwife has the right to refuse a treatment contract without providing reasons, especially if a necessary trust relationship with the client cannot be expected.

Subject of the Contract:

The exact content of the treatment contract arises from the service catalog agreed between the chosen midwife and the client. The chosen midwife is generally not bound to a specific location when providing services, although in most cases, services are provided at the client’s residence.
Client’s Duty to Cooperate:
The client is obligated to provide the chosen midwife with truthful information about circumstances that are, from the midwife’s perspective, necessary for the proper safeguarding of the client’s health and well-being, as well as that of the newborns and infants. The chosen midwife must be informed of all essential information, especially regarding health issues and impairments. The client is required to provide all necessary information during the initial consultation and to continue to provide such information during follow-up consultations. The client must promptly notify the chosen midwife of any changes to personal data or residence. The chosen midwife is bound by confidentiality according to § 7 of the Midwives Act (HebG) concerning entrusted and disclosed facts and secrets. If the chosen midwife is unavailable, the client must cooperate in arranging professional care. If the client cannot reach the chosen midwife, they are obliged to contact the midwife’s designated replacement. The chosen midwife may withdraw from the treatment contract if the client breaches their duty to cooperate.

Appointments:

Appointments are individually agreed upon with the client, and scheduled appointments must be kept. If an appointment cannot be kept for an important reason, the chosen midwife must be informed personally or by phone at least 24 hours in advance. If the appointment is not canceled within the specified time or if it is missed without an excuse, the client must pay the chosen midwife a flat-rate compensation of €50.00 per missed treatment hour. These costs are not reimbursed by health insurance.

Representation Authority:

The chosen midwife primarily provides services personally but may also be represented by a suitable person. The representative is subject to the same obligations to which the chosen midwife is bound under this agreement, including confidentiality and non-disclosure obligations. In case of the chosen midwife’s unavailability for providing agreed services, the midwife will make efforts to ensure professional care for the client, which may include referral to a clinic.

Service Unavailability:

In the event of illness or long-term absence, the chosen midwife must inform the client of the service unavailability immediately after it becomes known, or in the case of planned absence, at least four weeks before the event.
Costs of Care, Advice, and Treatment:
The services provided by the chosen midwife are agreed upon separately and invoiced, with the midwife’s fee due upon the provision of the agreed service. If the service is not rendered through no fault of the chosen midwife, although she was prepared to provide it, the midwife is entitled to compensation as outlined in section 5.3. The midwife’s fees are disclosed to the client through the delivery of a price list. These amounts are stated as net amounts.

Payment Terms:

Payment terms are individually agreed upon. Without a specific agreement, a final invoice is issued after the completion of services. The on-call fee is payable in the 37th week of pregnancy upon receipt of the invoice.

Default on Payment:

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

Contract Termination:

Both parties to the contract are entitled to withdraw from this treatment contract at any time and with immediate effect by written declaration, without providing reasons. The midwife may unilaterally terminate the contractual relationship with the client without giving reasons, provided that the necessary duties of care and protection are observed. However, the midwife is not obliged to assist the client in finding alternative midwifery support. The midwife is entitled to discontinue treatment if, in particular, the client negates the content of the advice, provides incomplete or inaccurate information regarding their medical history and diagnosis, or obstructs therapeutic measures.
In any case, the midwife’s right to payment for the care, advice, and treatment provided up to the point of contract termination remains intact.

Contract Amendments:

Contract amendments must be made in writing.

Jurisdiction:

For any disputes arising from this treatment contract, the exclusive jurisdiction of the competent court in Klagenfurt is agreed upon.

Final Provision:

Should any provision of this contract be or become invalid, the validity of the remaining contractual provisions shall not be affected. However, the parties undertake to immediately agree on a provision that comes closest to the economic purpose of the invalid provision, reflecting what the parties would have intended had they considered the invalidity of the provision.
The mutual rights and obligations of the parties arise from this contract.
In case of contradictions in the contract, the following legal sources apply in the following order:
a) Provisions of the Midwives Act (HebG);
b) Provisions of the General Civil Code (ABGB).