Terms & Conditions

1. SCOPE OF APPLICATION

1.1. Contracts for services between clients and healthcare providers that are facilitated by Wiener Pflegeteam (“Wiener Pflegeteam”) via the platform www.wienerpflegeteam.at or by other means are subject exclusively to these General Terms and Conditions in the version valid at the time the contract is concluded.

1.2. The contractual partner of the client is exclusively the booked healthcare provider.

1.3. Unless expressly stated otherwise, these terms apply to consumers as well as entrepreneurs.

1.4. “Services” within the meaning of this agreement include all services offered by healthcare providers via www.wienerpflegeteam.at. The specific scope of service results from the selection made by the client and the acceptance by the healthcare provider.

1.5. Healthcare providers within the meaning of this agreement are registered nurses.

1.6. “Client” refers to any person who books services via Wiener Pflegeteam. Since the client is not necessarily the recipient of the service, the term “service recipient” is used for the actual user of the booked service. If the client and the service recipient are the same person, the latter is included in the term “client.”

1.7. In case of contradictions between an individual agreement and these General Terms and Conditions, the provisions of these General Terms and Conditions shall prevail.

2. RIGHTS AND OBLIGATIONS

2.1. The healthcare provider undertakes to safeguard the interests of the client and to perform services professionally and with due care.

2.2. Unless expressly agreed otherwise, the services constitute obligations of due diligence. A specific treatment outcome or work result is not owed.

2.3. Rights and obligations arising from the contract exist exclusively between the client and the healthcare provider.

2.4. The services provided do not replace medical treatment or consultation. If needed, clients are advised to consult a physician or other qualified medical professional.

3. CANCELLATION OF BOOKING

3.1. Cancellations must be made by telephone or email. Other forms of cancellation are invalid.

3.2. Clients may cancel at any time prior to the service appointment at no cost. Any payments already made will be refunded to the original payment method.

3.3. Wiener Pflegeteam may cancel a booking if there is doubt about the accuracy or authenticity of the provided information. In this case, no claims may be made against Wiener Pflegeteam or the healthcare provider; payments already made will be refunded.

3.4. Healthcare providers may likewise cancel at any time without giving reasons. There is no claim to a replacement service; the client must make a new booking. Payments already made will be refunded.

3.5. Clients and healthcare providers will receive email notification of any valid cancellation.

3.6. Canceled bookings cannot be reactivated; a new booking must be made.

4. PAYMENT AND INVOICING

4.1. Payments that fully discharge the client’s obligations may only be made via the payment methods offered on www.wienerpflegeteam.at to Wiener Pflegeteam, acting as the authorized representative of the healthcare provider.

4.2. Wiener Pflegeteam holds the payment in trust until it is forwarded to the healthcare provider.

4.3. After successful payment, the client will receive confirmation by email.

5. LIABILITY

5.1. For companies, Wiener Pflegeteam and healthcare providers are liable only for intent and gross negligence. Liability for slight negligence, loss of profit, or consequential damages is excluded. This limitation does not apply to personal injury.

5.2. For consumers, liability exists for intent and gross negligence. In the event of violation of essential contractual duties, Wiener Pflegeteam and healthcare providers are also liable for slight negligence. The limitation does not apply to personal injury.

5.3. Clients and service recipients must provide all information necessary for fulfillment of the agreement. If such information is not provided, no liability will be assumed.

5.4. No liability is assumed for materials or equipment provided by the client, service recipient, or third parties.

5.5. Services provided by healthcare providers do not replace medical or psychological treatment. In an emergency or when medically necessary, physicians, emergency services, or other qualified professionals must be consulted.

6. DATA PROTECTION AND DATA SECURITY

6.1. Information on the processing of personal data can be found in our privacy policy.

6.2. We commit to keeping all information confidential. This obligation is unrestricted in time and place and continues after termination of the contract.

6.3. Clients confirm that they have informed the service recipients about these terms and conditions. If a service recipient withdraws consent, Wiener Pflegeteam must be informed immediately. Clients are liable for violations and shall indemnify Wiener Pflegeteam.

7. PLACE OF JURISDICTION

7.1. For contracts with consumers, the statutory place of jurisdiction applies.
7.2. For contracts with entrepreneurs, the court competent for the registered office of the healthcare provider has exclusive jurisdiction.

8. APPLICABLE LAW

8.1. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules.
8.2. For consumers with habitual residence outside Austria, this choice of law applies only insofar as mandatory consumer protection laws of their home country are not superseded.

9. WRITTEN FORM

9.1. Changes or additions to this contract must be made in writing (including email). This also applies to changes to this clause.

10. SEVERABILITY CLAUSE

10.1. Should any provision be invalid or incomplete, the remaining provisions remain unaffected.
10.2. Invalid or incomplete provisions shall be replaced with provisions that best reflect the economic intent.