Terms and Conditions for the Provision of a One-Time Service by Szpital Carolina

I. General Provisions – What You Should Know First

These Terms and Conditions for the Provision of a One-Time Service set forth the rules governing the performance by SZPITAL CAROLINA of agreements for the provision of healthcare services.
These Terms and Conditions apply to the conclusion of electronic service agreements by the service provider, which is SZPITAL CAROLINA, within the meaning of Article 2(4) of the Act of 18 July 2002 on the Provision of Services by Electronic Means (consolidated text of 6 February 2020, Journal of Laws of 2020, item 344), as well as the payment for the selected healthcare service. The conclusion of agreements for the provision of healthcare services and the ability to pay for such healthcare services are available around the clock, 7 days a week.
Agreements for the provision of healthcare services may be concluded by Users who have made a reservation of a healthcare service via the website https://wdp2021.carolina.pl.
These Terms and Conditions specify in particular:
1. the types and scope of services provided by electronic means;
2. the rules for providing services by electronic means;
3. the rules for concluding agreements and paying for Healthcare Services online;
4. the complaint procedure.
These Terms and Conditions are available free of charge on the website at https://wdp2021.carolina.pl/regulamin-swiadczenia-jednorazowej-uslugi/ in a form that allows their retrieval, reproduction, recording and printing. Each User may review the content of these Terms and Conditions.

II. Definitions – What Do the Terms Used in These Terms and Conditions Mean

Terms used in these Terms and Conditions have the following meanings:

Cookies – files stored on the User’s device that contain settings and other information used on the websites visited by the User;
Identity Document – a national identity card or driving licence issued by a Polish public administration authority – in the case of Polish citizens; a passport or residence card – in the case of persons who do not hold Polish citizenship;
Payment Service Provider – a payment service provider within the meaning of the Act of 19 August 2011 on Payment Services, with which SZPITAL CAROLINA has concluded an agreement for handling payments for services covered by these Terms and Conditions;
Link – a navigational element sent to the User by SZPITAL CAROLINA via electronic mail, facilitating the User’s navigation between the electronic message and the SZPITAL CAROLINA website, where, in the case of selecting the online payment method, the Agreement is concluded and subsequently the Healthcare Service is paid for;
SZPITAL CAROLINA – Sport Medica S.A. with its registered office in Warsaw, address: ul. Pory 78, 02-757 Warsaw, entered in the register of entrepreneurs maintained by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under KRS: 0000077247, NIP: 521-30-95-056, REGON: 01629177, share capital PLN 18,731,000.00, being the entity ensuring the performance of the Healthcare Service; SZPITAL CAROLINA may be contacted at the e-mail address: [email protected] or by phone at +48 22 35 58 200;
Entitled Person – a natural person, whether of legal age or a minor, for whom a Reservation has been made and for whom the Healthcare Service will be provided. The User may be an Entitled Person if the Healthcare Service is to be performed for the User;
Purchase Channel – a means of communication between the User and SZPITAL CAROLINA, through which the Healthcare Service reservation is made (including the reservation of the date, method and place of provision of the Healthcare Service);
Terms and Conditions – these Terms and Conditions for the Provision of a One-Time Service by SZPITAL CAROLINA;
Complaint – a submission addressed to SZPITAL CAROLINA by the User within the framework of the complaint procedure, in which the User raises objections, in particular regarding the manner of concluding, performing and paying for the Healthcare Service;
Reservation – the reservation by the User of the User’s selected date for the Healthcare Service and, in the case of Healthcare Services provided on-site, also the place of provision of that service;
Agreement – an agreement for the provision of a Healthcare Service concluded electronically between the User and SZPITAL CAROLINA;
Service (Healthcare Service) – a healthcare service reserved by the User, provided by SZPITAL CAROLINA to patients, for the purpose of assessing, maintaining or improving their state of health, including the prescribing, dispensing and making available of medicinal products;
User – a natural person who has reached the age of 18, concluding an Agreement on the terms specified in these Terms and Conditions.

III. Conditions for the Provision of Services

A. General Conditions

SZPITAL CAROLINA enables the conclusion of an Agreement and payment for a Healthcare Service by electronic means in accordance with the rules set forth in these Terms and Conditions.
Agreements may only be concluded by Users who accept these Terms and Conditions and review the Privacy Policy.
The User is required to review the Terms and Conditions and the Privacy Policy before concluding the Agreement.

B. When the Conclusion of the Agreement and Payment for the Healthcare Service May Be Impeded

SZPITAL CAROLINA makes efforts to ensure that the conclusion of the Agreement and payment for the Healthcare Service are available around the clock, 7 days a week. However, due to the specific nature of internet activities, SZPITAL CAROLINA is unable to guarantee constant availability for concluding Agreements or paying for Healthcare Services, in particular in the event of interruptions in the provision of services by the Payment Service Providers, resulting from force majeure (including but not limited to: fire, flood, war, strike, actions of state authorities, terrorist attack, power failure, declaration of a state of epidemic, a state of epidemic threat or occurrence of an epidemic threat) and special circumstances related to the specific nature of internet activities (infrastructure disruptions caused by third parties, viruses, software failures).

IV. Conditions for the Conclusion of the Agreement

A. Reservation of the Healthcare Service

Users may make a Reservation of a Healthcare Service using the Purchase Channel of their choice.
In order to reserve a Healthcare Service, Users may use the website carolina.pl.
Each User may make a Reservation of a Healthcare Service for themselves or for an Entitled Person.
The course of the Reservation and cancellation of the Reservation depends on the specifics and functionality of the Purchase Channel selected by the User. The course of the Reservation is set out in detail in the terms and conditions of the individual Purchase Channels.
Upon successful Reservation, the User will receive an electronic message sent to the e-mail address provided during the Reservation process (e-mail message) confirming the Reservation of the selected Healthcare Service. The Reservation confirmation will contain at least:
1. the type of Healthcare Service,
2. if the subject of the Reservation is a Healthcare Service performed by a specifically named healthcare professional – the first name and surname of the person performing the Healthcare Service,
3. the place of provision of the Healthcare Service,
4. the total remuneration for the performance of the Healthcare Service, stated in Polish zlotys and constituting the gross value;
5. these Terms and Conditions.
The User may have only one Healthcare Service of a given type reserved at a time.
After completing the Reservation, the User may choose one of the following courses of action:
1. conclude the Agreement (see Section IV B of these Terms and Conditions) and make a payment (see Section IV C of these Terms and Conditions), or
2. make a payment at the facility where the Healthcare Service will be provided.
SZPITAL CAROLINA reserves the right that in the case of certain Healthcare Services, the conclusion of a healthcare service agreement may only take place at the facility where the Healthcare Service will be provided.

B. Conclusion of the Agreement

If the Healthcare Service selected during the Reservation process can be paid for online, following a successful Reservation, the User may conclude an Agreement covering the Healthcare Service indicated in the Reservation and pay for the reserved Healthcare Service.
The Agreement is concluded by the User making a declaration of having reviewed and accepted these Terms and Conditions by ticking the appropriate checkbox on the screen of the User’s end device. The conclusion of the Agreement is possible only if the online payment method is selected.
The conclusion of the Agreement entails the obligation to pay for the Healthcare Service in accordance with the rules set forth in Section IV C of these Terms and Conditions.
SZPITAL CAROLINA reserves the right to withhold the provision of the Healthcare Service until the User makes the payment.
By concluding the Agreement, the User has the option to download and save on their end device the Terms and Conditions for the Provision of a One-Time Service.

C. Rules of Payment for the Healthcare Service

By concluding the Agreement and selecting the “buy and pay” button, the User is obligated to make a payment (remuneration) for the Healthcare Service, the total value of which was indicated in the Reservation confirmation.
The payment shall be made using online payment, via the payment gateway provided by the Payment Service Provider. The payment must be made within 15 (fifteen) minutes of clicking the “buy and pay” button.
When using the payment gateway, the User is redirected to the Payment Service Provider’s website.
Payment for the Healthcare Service is made on the Payment Service Provider’s website.
Upon successful payment, the User will receive an electronic message sent to the e-mail address provided during the conclusion of the Agreement, confirming the payment for the selected Healthcare Service. The payment confirmation and the Agreement conclusion confirmation will contain at least:
1. confirmation of the date and place of provision of the Healthcare Service;
2. confirmation of the payment made;
3. the text of these Terms and Conditions together with the template withdrawal statement (constituting Annex No. 1 to these Terms and Conditions).

V. Conditions for the Performance of the Agreement

The Healthcare Service covered by the Agreement may only be provided after payment has been made in accordance with Section IV of these Terms and Conditions for the Entitled Person indicated in the Reservation.

A. Provision of the Healthcare Service at a Szpital Carolina Facility

The provision of a paid Healthcare Service takes place on-site at the SZPITAL CAROLINA facility indicated by the User during the Reservation process.
In order to use a Healthcare Service provided at a facility, the User or the Entitled Person should report to the indicated facility 10 minutes before the scheduled date of provision of the Healthcare Service and confirm their identity.
In order to confirm identity, the User or the Entitled Person should report to the reception of the relevant SZPITAL CAROLINA facility with an identity document. In the event of refusal by the User or the Entitled Person to confirm identity, SZPITAL CAROLINA will withhold the provision of the Healthcare Service.
After verification of identity, the User or the Entitled Person is registered in the SZPITAL CAROLINA information system and asked to wait, in the place indicated by the facility staff, for the provision of the Healthcare Service.
If the Entitled Person does not have full legal capacity, the consent of their statutory representative is required for the provision of any healthcare services, and if the Entitled Person has no statutory representative or communication with such representative is impossible – the permission of the guardianship court.
Parents are the statutory representatives of a child remaining under their parental authority. In the case of an Entitled Person who has not reached the age of 18, parents are required to accompany such Entitled Person during the provision of the Healthcare Service.
If, during the provision of the Healthcare Service, the need arises to conduct a medical consultation or diagnostic test that does not require interference with the physical integrity of the Entitled Person who does not have full legal capacity, consent to conduct such healthcare service may also be given by the Entitled Person’s actual carer. For this purpose, the actual carer is required to present the written consent of the Entitled Person’s statutory representative for the performance of such healthcare service and the consent of that statutory representative for the transfer to the actual carer of information about the Entitled Person’s state of health, diagnosis, proposed and possible diagnostic and therapeutic methods, foreseeable consequences of their application or omission, treatment results and prognosis.
Both the statutory representative and the actual carer of the Entitled Person, before giving consent to the provision of a healthcare service, are required to present their Identity Document.
A User or an Entitled Person who wishes to purchase a medicinal product, a foodstuff for particular nutritional uses or a medical device for which an administrative decision has been issued on inclusion in the reimbursement scheme within the scope of the assigned reimbursement availability category within the meaning of the Act of 12 May 2011 on the Reimbursement of Medicinal Products, Foodstuffs for Particular Nutritional Uses and Medical Devices, is required to present during a physician’s visit a document confirming the right to health insurance and other documents provided for by the Act of 27 August 2004 on Healthcare Services Financed from Public Funds or other legal provisions.

B. Restrictions on the Provision of Healthcare Services

SZPITAL CAROLINA reserves the right that certain Healthcare Services may only be provided on the basis of an appropriate referral for the examination. These Healthcare Services include X-ray, computed tomography (CT) and contrast-enhanced magnetic resonance imaging.
During the Reservation process, the User is informed that the Healthcare Service selected by the User may only be performed on the basis of a valid physician’s referral.
Prior to commencement of the Healthcare Service, the User or the Entitled Person is required to present a valid physician’s referral.
SZPITAL CAROLINA reserves the right that, due to the specifics and requirements of medical knowledge, certain Healthcare Services may only be performed after prior appropriate preparation by the Entitled Person.
Prior to commencement of the Healthcare Service, the Entitled Person is required to prepare for the Healthcare Service in accordance with the requirements communicated by SZPITAL CAROLINA in the Reservation confirmation message.
In the event that the Entitled Person does not have the required valid referral or the Entitled Person fails to make the necessary preparations before the performance of the Healthcare Service, SZPITAL CAROLINA, having regard to the health and safety of the Entitled Person, will refuse to perform the Healthcare Service.

C. Medical Documentation

In connection with the provision of the Healthcare Service covered by the Agreement, SZPITAL CAROLINA maintains the medical documentation of the Entitled Person.
The procedure, conditions for maintaining medical documentation and the manner of making it available to Entitled Persons, statutory representatives of Entitled Persons and third parties are determined by the applicable legal provisions.
The preparation of excerpts, copies or duplicates of medical documentation and their issuance shall be carried out upon acknowledgement of receipt by the applicant, and in cases specified by law, also at the applicant’s expense.
Documentation related to the performance of the agreement shall be prepared in the Polish language, except in cases where a legal provision provides for the possibility of preparing medical documentation in the Latin language.
SZPITAL CAROLINA will release medical documentation to a third party who is neither the Entitled Person nor the statutory representative of the given Entitled Person only on the basis of the appropriate authorisation of the Entitled Person, in accordance with applicable law.

VI. Postponement of the Service Date, Resignation from the Service and Withdrawal from the Agreement

A. Postponement of the Healthcare Service Date; Resignation from the Healthcare Service

In the event of the conclusion of the Agreement but non-payment by the User for the Healthcare Service covered by the Agreement within 15 (fifteen) minutes of declaring the payment for the Healthcare Service (selecting the “buy and pay” button) (in accordance with Section IV of these Terms and Conditions), SZPITAL CAROLINA withdraws from the Agreement. This means that the Healthcare Service lapses, and the User may re-make a Reservation for the Healthcare Service and re-conclude the Agreement.
If, due to reasons that could not have been foreseen earlier, the User or the Entitled Person will not be able to use the Healthcare Service on the date indicated in the Reservation, the User may request SZPITAL CAROLINA to postpone the date of performance of the Healthcare Service.
The User may request SZPITAL CAROLINA to postpone the date of performance of the Healthcare Service no later than by 6:00 PM on the day preceding the visit, by telephone, by contacting SZPITAL CAROLINA at +48 22 35 58 200. The postponement of the Healthcare Service date will be possible if the amount of remuneration for that Healthcare Service has not changed compared to the amount of remuneration as at the date of conclusion of the Agreement. If the amount of remuneration for the Healthcare Service has changed, the User may withdraw from the Agreement and re-reserve and conclude the Agreement for the Healthcare Service.
In the event of force majeure, SZPITAL CAROLINA will promptly contact the User or the Entitled Person to cancel the visit and determine – at the choice of the User or the Entitled Person – a new date for the provision of the Healthcare Service or resignation from the Service.
If the User or the Entitled Person chooses the option of resignation from the Healthcare Service, SZPITAL CAROLINA will refund the payment made for the Healthcare Service. The refund of the payment shall be made in accordance with the rules set forth in Section VI B of these Terms and Conditions.
Force majeure is defined as: an external, unforeseeable and unavoidable event occurring after the conclusion of the Agreement, preventing the proper performance by SZPITAL CAROLINA of its obligations, in particular such as natural disasters, wars, terrorist attacks, strikes, unplanned absence of the healthcare professional performing the Healthcare Service, or failure of equipment necessary for the performance of the Healthcare Service.

B. Withdrawal from the Agreement (Cancellation of the Visit)

The User has the right to withdraw from the Agreement without giving any reason and without incurring any costs, subject to the provisions below, within 14 days from its conclusion, i.e. from the acceptance of these Terms and Conditions in accordance with Section IV B of these Terms and Conditions, provided that the User contacts the SZPITAL CAROLINA helpline within that period or sends SZPITAL CAROLINA a withdrawal statement (a sample withdrawal statement template is contained in Annex No. 1 to these Terms and Conditions – its use is not mandatory).
To comply with the above deadline, it is sufficient to send the withdrawal statement before the deadline expires. The User may send the withdrawal statement:
1. at any SZPITAL CAROLINA facility, or
2. to the e-mail address: [email protected], or
3. via the SZPITAL CAROLINA helpline at +48 22 35 58 200.
Cancellation of the Service date (“cancellation of the visit”) will constitute a withdrawal statement from the Agreement (without the need to submit additional withdrawal statements). To cancel a visit, information about the cancellation should be communicated by contacting the SZPITAL CAROLINA helpline at +48 22 35 58 200.
SZPITAL CAROLINA will promptly send the User a confirmation of the submission of the withdrawal statement from the Agreement, if such a statement was submitted electronically.
The User may, but is not required to, submit a statement requesting the commencement of the Healthcare Service before the expiry of the deadline for withdrawal from the distance agreement. The submission of such a statement takes place by ticking the appropriate checkbox on the screen of the User’s end device, if SZPITAL CAROLINA enables the submission of such a statement remotely, or at a SZPITAL CAROLINA facility (immediately before the provision of the service).
Upon full performance of the Service, if the User has submitted the statement referred to above, the User loses the right to withdraw from the agreement before the expiry of the withdrawal deadline.
If the User does not submit the statement referred to above, SZPITAL CAROLINA reserves the right to withhold the provision of the Healthcare Service until the deadline for withdrawal from the Agreement has expired.
In the event of withdrawal from the Agreement, the Agreement is deemed not to have been concluded, and SZPITAL CAROLINA will promptly, but no later than within 14 days from the date of receipt of the withdrawal statement, refund the amounts paid for the Service. The refund will be made using the same payment method used by the User, unless the User has indicated a different refund method.
In the event of withdrawal from the Agreement, the User will be obligated to reimburse SZPITAL CAROLINA for:
1. the costs of providing the Healthcare Service incurred by SZPITAL CAROLINA in the period from the date of conclusion of the Agreement to the date of submission of the withdrawal statement, and
2. the remuneration for services performed (Healthcare Service performed) by SZPITAL CAROLINA in the period from the date of conclusion of the Agreement to the date of submission of the withdrawal statement, if the User has submitted the request referred to in Section VI B clause 5 of these Terms and Conditions and subsequently submitted a withdrawal statement.
The amount of remuneration referred to in Section VI B clause 9 b) of these Terms and Conditions is determined proportionally to the degree of performance of the Healthcare Service by SZPITAL CAROLINA up to the date of submission of the withdrawal statement. The base amount for calculating the remuneration is the total remuneration for the performance of the Healthcare Service stated during the Reservation process.
The amount of costs or costs and remuneration charged to the User, as well as the method and deadline for their payment, will be communicated to the User on a durable medium after SZPITAL CAROLINA receives the withdrawal statement.

VII. How You Can Share Your Opinion About the Service

After a Healthcare Service has been provided, Users will be asked to share their opinions on the quality of the Healthcare Service.
A survey containing questions about the User’s level of satisfaction is sent to the User’s e-mail address provided during the Reservation.
The User may but is not required to answer the survey questions and rate the level of satisfaction. The responses, ratings and information submitted are anonymous.

VIII. Technical Requirements and Security

In order to properly use the reservation and payment functionality for the Service, the following technical requirements must be met:
1. an Internet connection;
2. the use of a web browser: Mozilla Firefox version 24.0 minimum, Google Chrome, Safari, Opera, Vivaldi, or Microsoft Edge, or other compatible browsers, in each case in the latest stable version made available by the manufacturer of the given browser;
3. enabled JavaScript and Cookies support.
Failure to meet the technical requirements specified in clause 1 b) (if using a different browser or a different version) does not preclude the ability to make a Reservation and pay for the Service, but may result in difficulties or malfunctions.
Disabling JavaScript and Cookies support or interfering with such support (e.g. through the use of add-ons, overlays, non-standard settings and other solutions of this type) does not block the ability to make a reservation and pay for the Service, but may cause difficulties in connecting to the Payment Service Provider. Detailed information regarding Cookies is contained in the Privacy Policy.
Concluding the Agreement and making payments via the Internet involves risks typical for internet activities. Detailed information regarding security is contained in the Privacy Policy.

IX. Rights and Obligations of the User

The User bears the costs of the Internet connection in accordance with the tariffs applied by the operators handling such connections.
The User is obligated to:
1. make Reservations and conclude Agreements in a manner that does not, in particular, infringe the rights of other Users, including the obligation not to make Reservations or conclude Agreements using automated artificial intelligence;
2. cancel scheduled Healthcare Services by 6:00 PM on the day preceding the scheduled Healthcare Service date, to enable other Users to use the Healthcare Service at that time;
3. present a valid referral before the performance of Healthcare Services requiring such a referral and ensure the appropriate preparation of the Entitled Person before the commencement of the Healthcare Service;
4. conclude Agreements and make payments in accordance with these Terms and Conditions;
5. provide truthful data about themselves and the Entitled Person.

X. Duration of the Agreement

The Reservation and conclusion of the Agreement do not require registration or logging in, unless the Purchase Channel selected by the User requires such actions.
If the selected Purchase Channel requires registration or logging in, the User should proceed in accordance with the terms and conditions of the individual Purchase Channels.
The conclusion of the Agreement is carried out on a one-time basis, which means that the User may at any time (until the conclusion of the Agreement) interrupt the process of concluding the Agreement until the submission of the statement of acceptance of these Terms and Conditions and transition to the payment gateway provided by the Payment Service Provider.
Interruption of the Agreement conclusion process occurs by leaving the website.

XI. Personal Data Protection

The controller of personal data of the Purchaser and the Entitled Person (if different from the Purchaser) is Sport Medica S.A. in accordance with Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: the “Regulation”).
In all matters related to the processing of personal data, the Data Protection Officer, Ms Katarzyna Pisarzewska, may be contacted at the e-mail address: [email protected]. The provision of data and the wish to use the Service are entirely voluntary.
Sport Medica S.A. processes personal data in connection with the provision of the Service to the extent necessary for registration, including first name, surname, date of birth and PESEL number (or, in the absence thereof, the type and number of identity document), and subsequently for the provision of the Service, including the address of residence and data contained in medical documentation, including health status data. Additionally, information regarding the payment made, in the case of electronic payment the Purchaser’s account number and payment method, and data regarding the Service, including: the type of Service, and the date and place of its performance, will also be processed within the scope of the Reservation made. The Purchaser and/or the Entitled Person may additionally provide an e-mail address and/or telephone number to enable efficient customer contact. The provision of such data is not mandatory for the Service provided; however, it facilitates communication and enables receipt of customer correspondence, e.g. regarding confirmation or cancellation of a visit. The full clause regarding the processing of patients’ personal data is available on the website www.carolina.pl under the Privacy Policy and information obligations tab. Data will not be subject to profiling. The payment platform operator through which the payment is made is a separate controller of personal data from Sport Medica S.A.
The above-mentioned data are processed for the duration of the Reservation, then for the time necessary for the provision of the Service, i.e. for the purposes of providing healthcare and settling payments. Subsequently, data may be processed for the purpose of pursuing claims (e.g. in debt collection proceedings) or defending against them, for the period resulting from the provisions of the Civil Code (data are processed within the framework of the legitimate interest of the controller, which is the defence against or pursuit of claims arising from business activities). All data processed for accounting and tax purposes are processed for 5 years from the end of the calendar year in which the tax obligation arose. Medical documentation may be created as part of the provision of healthcare services to the Entitled Person. As a patient of Sport Medica S.A., it should be noted that medical documentation is stored for at least 20 years from the date of the last entry therein. After the expiry of the above-mentioned periods, data are permanently deleted or anonymised.
As a medical entity, Sport Medica S.A. pays particular attention to data confidentiality. Due to the need to ensure proper organisation, e.g. in terms of IT infrastructure or current matters related to the conduct of business, as well as the exercise of the rights of the Purchaser and the Entitled Person, personal data may be transferred to the following categories of recipients:
1. other medical entities cooperating with Sport Medica S.A. to ensure continuity of treatment and availability of healthcare through own facilities and facilities cooperating with Szpital Carolina in Poland;
2. suppliers of services providing Sport Medica S.A. with technical and organisational solutions enabling the provision of healthcare services and management of the organisation (in particular suppliers of IT services, suppliers of diagnostic equipment, courier and postal companies);
3. suppliers of legal and advisory services supporting Sport Medica S.A. in pursuing due claims (in particular law firms, debt collection companies);
4. persons authorised within the scope of the exercise of Patient’s rights.
Due to the fact that Sport Medica S.A. uses the services of other providers, e.g. in the area of IT infrastructure or servicing of diagnostic equipment, personal data may be transferred outside the European Union. Sport Medica S.A. ensures that in such a case, the transfer of data will take place on the basis of an appropriate agreement between Sport Medica S.A. and that entity, containing the standard contractual clauses adopted by the European Commission.
As the data controller, Sport Medica S.A. ensures the right of access to data, their rectification, the right to request their deletion or restriction of their processing. The Purchaser or the Entitled Person may also exercise the right to object to the processing of data by Sport Medica S.A. and the right to data portability to another data controller. If the Purchaser or the Entitled Person wishes to exercise any of these rights, they should contact Sport Medica S.A. by writing to the Data Protection Officer, visiting a facility, or completing the form on the Szpital Carolina website. Sport Medica S.A. also informs of the right to lodge a complaint with the supervisory authority overseeing compliance with personal data protection regulations.

XII. Complaints and Disputes

A. How to File a Complaint Regarding Service

Each User may file a complaint, in particular a complaint regarding service, the manner of communication with SZPITAL CAROLINA, the Agreement conclusion process or the functionality of the SZPITAL CAROLINA website.
A complaint may be filed electronically – to the e-mail address: [email protected], or in writing to the postal address of SZPITAL CAROLINA, i.e.: Sport Medica S.A., ul. Pory 78, 02-757 Warsaw.
To facilitate the review of the Complaint, it should contain:
1. the User’s data;
2. a description of the situation that is the subject of the Complaint;
3. the User’s expectations regarding the manner of resolving the Complaint.
A Complaint is reviewed without undue delay, no later than within 14 days from the date on which SZPITAL CAROLINA was able to review its content. To comply with the deadline, it is sufficient to send a response before the deadline expires. If SZPITAL CAROLINA does not respond to the Complaint within the above deadline, the Complaint is deemed to have been accepted.

B. How Disputes Are Resolved

The court competent to resolve disputes related to the conclusion and performance of the Agreement is the court of general jurisdiction having subject-matter and territorial jurisdiction.
Since the Agreement concluded through the acceptance of these Terms and Conditions is a distance agreement for healthcare services, the possibility of using out-of-court complaint review and claim pursuit methods does not apply to disputes arising in connection with the Agreement.

XIII. Liability of Szpital Carolina

SZPITAL CAROLINA shall not be liable for damage caused by:
1. the conclusion of the Agreement by a third party who used the User’s data, presenting them as their own;
2. circumstances resulting from the occurrence of force majeure.
SZPITAL CAROLINA shall not be liable for content made available by other Users in Purchase Channels belonging to SZPITAL CAROLINA if it has no reliable knowledge of the unlawful nature of the content, and upon obtaining such information promptly prevents access to such content. In particular, obtaining information about the unlawful nature of content posted in a Purchase Channel belonging to SZPITAL CAROLINA is deemed to include a notification of an infringement by a User other than the User who posted the content.

XIV. Final Provisions

In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply to the relations between SZPITAL CAROLINA and the User.
The Polish language shall apply in relations between SZPITAL CAROLINA and Users.
These Terms and Conditions may be amended. An amendment to these Terms and Conditions becomes effective no earlier than 14 days from the date of making the amended Terms and Conditions available on the website https://wdp2021.carolina.pl/regulamin-swiadczenia-jednorazowej-uslugi/. Reservations and Agreements concluded by Users before the entry into force of amendments to these Terms and Conditions shall be performed in accordance with the Terms and Conditions in force at the time of the Reservation, and in the case of conclusion of the Agreement, at the time of its conclusion.
An integral part of these Terms and Conditions is the annex – the withdrawal form.
These Terms and Conditions enter into force on 31 August 2023.

Annex No. 1 – Template Withdrawal Form

(this form should be completed and returned only if you wish to withdraw from the agreement)

SPORT MEDICA S.A.
with its registered office in Warsaw
ul. Pory 78, 02-757 Warsaw
[email protected]

I (*)