Terms and Conditions for Service Provision

Terms and Conditions for Service Provision

Dr. Frána’s Polyclinic

operated by Josh Fyzio s.r.o., registered office: Lidická 337/30, 150 00 Prague 5, Company ID: 032 777 47

(hereinafter referred to as „Terms and Conditions“)

Article 1

Definition of Terms

Operator refers to Josh Fyzio s.r.o., Company ID: 032 777 47, registered office: Lidická 337/30, 150 00 Prague 5, account number at Československá obchodní banka, a.s. 265747986/0300 (hereinafter referred to as the „Operator“).
The Operator runs a registered healthcare facility based on the decision of the Regional Authority of the Plzeň Region, Department of Healthcare, ref. no. ZDR/2488/, dated October 30, 2014, which came into effect on November 3, 2014, where it provides professional non-medical services in physiotherapy, podiatry, lymphotherapy, medical pedicure and massage under the conditions stated below (jointly hereinafter referred to as „Services“). The Operator declares that it meets all the conditions stipulated by the legal system of the Czech Republic for providing the Services.
The Operator provides professional non-medical healthcare services based on Act No. 96/2004 Coll., on conditions for obtaining and recognizing qualifications for performing non-medical healthcare professions and for performing activities related to healthcare provision and on amendment to some related acts (Act on Non-Medical Healthcare Professions), as amended, through healthcare professionals who have professional competence to practice as physiotherapists under § 24 of Act No. 96/2004 Coll. without professional supervision after obtaining professional and specialized competence or professional competence to practice as masseurs under §37 of Act No. 96/2004 Coll. under professional supervision or direct guidance of a professional under § 24 of Act No. 96/2004 Coll. (hereinafter also referred to as „therapist“). Other Services are provided by the Operator through other professional specialists.
The Operator does not have a contract with any health insurance company. Therefore, the Services are not covered by public health insurance. The Operator provides Services for a fee. The prices for individual Services are listed in the Operator’s valid price list, which is published on the Operator’s website www.dynamikapohybu.cz (hereinafter referred to as the „Price List“).
Client refers to any natural person who, in accordance with these Terms and Conditions, uses the Operator’s Services.
The Service is provided to the Client primarily in the form of care for the treatment of painful conditions of the musculoskeletal system or providing preventive care to prevent movement difficulties using non-invasive manual techniques of professional physiotherapy (according to the curriculum of physiotherapy in the Czech Republic), manual or instrumental massage techniques, or selected procedures of physical therapy and instrumentally supported therapy commonly used in the treatment of the musculoskeletal system.
The Operator provides Services primarily at its premises at the address: Radlická 142, 150 00 Prague 5 (hereinafter referred to as the „premises“), unless agreed with the Client to provide the Service at another location. The address of the premises (or other premises) including all contact details is listed on the Operator’s website www.dynamikapohybu.cz (hereinafter referred to as the „Website“).

Article 2

Procedure and Conditions for Using the Service

A minor Client will be provided with the Service only with the prior consent of their legal representative. A Client over 15 years of age is then entitled to arrive for the Service without their legal representative.
A Client with limited legal capacity to such an extent that they are not entitled to give consent to the provision of the Service or to pay its price will be provided with the Service only with the consent of their appointed representative. Such a Client is obliged to arrive for the Service accompanied by the appointed representative.
A prior doctor’s visit or doctor’s recommendation is not necessary to use the Service.
The Operator performs its own diagnosis of the Client through the therapist. In case the Client has a report from a doctor or other diagnostic healthcare professional specializing in musculoskeletal treatment (documentation in paper form, on CD, description of X-ray, MRI, etc.), the therapist can use it as additional information to establish a diagnosis and the most appropriate subsequent care in the form of an individual treatment plan.
Each Client is booked for the Service at a specific time and with a specific therapist or other professional specialist. The booking can be made by phone, email, or through online reservation on the Website (hereinafter „Booking“). The option to make a Booking through online reservation is available only to already registered Clients of the Operator who have been granted access to this reservation option. The Operator will confirm each Client’s Booking by sending a confirmation email to the Client’s email address, and upon its delivery, a contract is concluded between the Operator and the Client, based on which the Client has the right to proper provision of the ordered Service at the booked time and the obligation to arrive at the booked time for the provision of the ordered Service and the obligation to pay the Operator remuneration for its provision according to the valid Price List. These Terms and Conditions are always part of the contract.
When booking the Services Urgent Physiotherapy and Emergency (Therapy within 24 hours), the Client may be requested after confirmation of the Booking by the Operator to pay a deposit, which will subsequently be counted towards the payment of remuneration for the provision of the ordered Service, or towards the payment of sanctions if the Operator becomes entitled to them according to these Terms and Conditions.
By using online, email, or telephone reservation, the Client expressly agrees to the use of remote communication means. The costs incurred by the Client during reservation by using remote communication means (costs for internet connection or telephone call) are paid by the Client, and these costs do not differ from the standard basic rate.
When booking for the first time by phone or email, the Operator requires the provision of the following [basic contact details of the Client, and possibly also a contact person]{.underline}: name, surname, address, mobile phone number, and email address (contact person details are required in the case of a minor Client and a Client with limited legal capacity, and the contact person means the legal representative or appointed representative of the Client). In case of refusal to provide these basic contact details, the Operator is entitled to refuse the Booking.
The mobile phone number and email address provided by the Client will be used by the Operator exclusively in accordance with the published principles of personal data processing for communication related to booking and providing Services to the Client, especially for the purpose of verifying any delay of the Client in arriving for the booked Service, for the purpose of changing the date of the booked Service due to illness or unplanned absence of the therapist providing the Service, to send summary information about the booked Service after the Booking is entered into the Operator’s reservation system, to send reminders of the approaching date of the booked Service, or to send advantageous offers such as last minute or other communications from the Provider that are directly related to the services provided to the Client, if the Client does not refuse the sending of similar communications during initial registration with the Operator or at any later time in accordance with the instructions within the valid principles of personal data processing of the Operator.
An informative email reminding the Client of the approaching date of the booked Service will be sent by the Operator to the Client’s email address no later than 48 hours in advance.
In case the Client cannot arrive for the booked Service, they are obliged to apologize by email or phone at least 24 hours (unless specified earlier**) before the booked time of the Service. If the Client books multiple Services within one appointment, they are obliged to consume all Services according to the booking. The obligation to apologize by email or phone at least 24 hours (unless specified earlier**) in advance therefore applies to each partial booked Service. In case the Client does not apologize within the specified deadline, it will be considered a violation of these Terms and Conditions, and the Operator will be entitled to a contractual penalty from the Client in the amount specified in Article 7 of these Terms and Conditions. If the Client apologizes in time, they are entitled to free arrangement of an alternative date for the provision of the Service.
If the Client arrives for the provision of the Service more than 10 minutes after the agreed time of the Service provision, the Operator (therapist) is entitled to refuse the provision of the Service with reference to technical, time, or therapeutic reasons. In this case, the procedure will be according to paragraph 9, second sentence of this article.
Before starting to use the first Service, the Client is presented with the text of the Informed Consent with examination and treatment along with information on the processing of their personal data according to the relevant provisions of the Regulation of the European Parliament and of the Council No. 2016/679 of April 27, 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, Act 372/2011 Coll. on healthcare services as amended, and Act No. 480/2004 Coll. on certain information society services as amended (hereinafter „Informed Consent“). The Client confirms the provided data and their Informed Consent by their signature. Confirmation of the Informed Consent is a necessary condition for starting the provision of Services by the Provider. The completed Informed Consent becomes part of the Client’s medical documentation kept by the Operator at the moment of its signing by the Client.
During the initial examination, the Client is asked to provide information necessary for the examination of the musculoskeletal system and for establishing the correct diagnosis and an effective and safe individual treatment plan. Based on the provided data for the examination of the musculoskeletal system and based on the diagnosis, the Client is informed about various therapy options and possible contraindications and risks are evaluated. The therapist is not responsible for the correctness of the diagnosis performed or the correctness of the proposed individual treatment plan if incorrect or incomplete information about the Client’s health condition is provided to them or if some information is concealed. In case of a change in any relevant information provided during the initial examination, the Client is obliged to inform the Operator (therapist) of this change before the provision of another Service.
Before starting the individual treatment plan, the Client is orally informed to a sufficient extent and in an understandable form about their health condition, and an individual treatment plan is proposed, including the effects of the treatment plan and health risks and contraindications. For the correct diagnosis and determination of the correct individual treatment plan, the therapist may require the Client to perform a kinesiological analysis or its relevant part. The Client is provided with information about each method used (medical procedure), their expected benefits, consequences, and possible risks, either on the Website or in person before the therapy, and they are offered and explained various options for alternative provision of healthcare Services.
Before starting the individual treatment plan, the Client is given sufficient opportunity to ask additional questions related to their health condition and the proposed Services, with the aim that the Client receives sufficient information about their health condition and that the proposed individual treatment plan is fully understandable for them. Based on familiarization with the proposed individual treatment plan, the Client confirms to the therapist that they have understood everything, and the therapist proceeds to implement the proposed individual treatment plan in the form of providing the relevant Service.
Starting therapy with an individual treatment plan is voluntary and at the discretion of the Client or their legal representative.
If the Client refuses any part of the individual treatment plan proposed by the therapist but at the same time requires the provision of a specific Service, it is considered that they agree with any risks associated with it, of which the therapist will inform them. However, if the therapist in this situation assesses that the provision of the requested Service may disrupt the Client’s health, they have the right to refuse to provide the Service to the Client. In this case, the Client has the right to a refund of the price of the unused Service, if they have already paid for it.
In case that after the end of the Service provision within the set individual treatment plan, another visit of the Client is recommended for the purpose of providing another Service, the Client, after agreement with the therapist, personally on the spot, or subsequently by phone, email, or through online reservation, will book a date for the provision of another Service with the recommended time interval. The Operator is not responsible for the positive result of the proposed individual treatment plan if the Client does not arrive at the recommended dates to use the proposed Services.
At the beginning of each subsequent visit within the set individual treatment plan, the previous therapy is evaluated by the therapist, and according to the information provided by the Client, the therapist either continues with the originally proposed individual treatment plan or a change is recommended, or the treatment is terminated if the therapist and the Client mutually agree on it.
The Operator (therapist) makes a record of each Service provided to the Client in the Client’s medical documentation. This record includes an evaluation of already provided Services from both the Client’s and the therapist’s perspective, a description of each provided Service – therapy, possibly a therapy plan for the Client at home, and a proposal for the next Service – therapy at the Operator’s workplace.
Each Client has the opportunity to ask free of charge and freely about the possibilities of the individual treatment plan and its alternatives before starting the provision of the Service. The Client can also ask questions by phone during office hours on the Operator’s telephone line or by email without restrictions. Contact details are listed on the Website.
The Client has the right to choose a specific therapist before starting the provision of Services within the set individual treatment plan, depending on the capacity possibilities of the given therapist.
In the case of a minor Client or a Client whose legal capacity is limited, the right to information about the Client’s health condition and the right to ask questions regarding the set individual treatment plan belongs to the legal (appointed) representative of the Client and to the Client. In this case, the information and answering of additional questions are provided to the Client in a manner that takes into account their intellectual and volitional maturity and current ability to understand the information. A minor Client over 15 years of age will be provided with information and answers to additional questions in full, except in cases where this Client is not able to sufficiently understand the meaning and character of the provided Services and their impact on their health and life; in this case, the procedure is according to the previous sentence.

Article 3

Rights and Obligations of the Client

The Client declares and guarantees to the Operator especially that

a) they are not limited in their legal capacity within the meaning of Act No. 89/2012 Coll., the Civil Code; in case the Client is limited in their legal capacity or has not yet gained full legal capacity, they use the Service with their legal or appointed representative. The provisions of Article 2, paragraph 1, second sentence, are not affected by this,
b) all data that they provide about themselves before starting to use the Service, during its course, or during the procedure according to the set individual treatment plan, are true, complete, accurate, and correct,
c) before starting to use the Service, they have thoroughly familiarized themselves with the content of these Terms and Conditions, fully understand their content, and agree with them,
d) they are obliged to pay the Operator within the specified deadline the price of the provided Services according to the valid Price List.

The Client has the right

a) to be sufficiently and completely informed by the Operator about the provided Services, i.e., their scope, essence, term, price, and method of payment,
b) to the proper provision of Services ordered by the Client, confirmed by the Operator, and paid for by the Client,
c) to know the name and surname of the therapist, other professional specialists, or persons preparing for the performance of a healthcare profession at the Operator’s, who are present during the provision of healthcare services, or who perform activities that are part of the education,
d) to refuse the presence of persons who are not directly involved in the provision of the Service and persons preparing for the profession of a healthcare worker,
e) to apply liability for defects in the provided Services according to valid legal regulations,
f) to ask about the details of the treatment at any time during the individual treatment plan. Personal consultations outside the provided Service are charged according to the valid Price List. Providing information during the provision of the Service and via email or telephone is free of charge during the individual treatment plan.
g) to express consent/disagreement with the provision of information about their health condition, by designating in advance persons who may be informed about their health condition, and at the same time to determine whether these persons may inspect their medical documentation kept about them by the Operator or other records related to their health condition, make extracts or copies of these documents, and whether they may, in cases according to § 34 paragraph 7 of Act 372/2011 Coll. on healthcare services as amended, express consent or disagreement with the provision of healthcare services. The Client may further express a prohibition on providing information about their health condition to any person, and may also revoke the designation of a person or the expression of a prohibition to provide information about their health condition at any time. The record also includes the Client’s statement on how information about their health condition may be communicated. In these cases, the Client fills in the form „Expression of consent/disagreement of the Client with the provision of information about the Client’s health condition“. The form is filled in and signed by the Client and the therapist. This form becomes part of the medical documentation kept about the Client upon its signing by the Client. In case the Client does not fill in this form, information about their health condition will be provided only to the Client, or to their legal or appointed representative.
h) to be informed in advance about the presence of persons preparing for the profession of a healthcare worker at the Service provided to them and to be instructed that they are entitled to permit or refuse such presence. In case of consent, the Client fills in the Form „Client’s consent to the presence of persons preparing for the profession of a healthcare worker“. The form is filled in and signed by the Client and the therapist, and this Form becomes part of the medical documentation kept about the Client upon the Client’s signature.
i) The Client may waive the right to be provided with information about their health condition (if the Client does not want to hear information about their health condition or diagnosis from the therapist), or they may designate which person should be given such information instead of the Client. In these cases, the Client fills in the form „Waiver of the right to be provided with information about one’s health condition“. The form is filled in and signed by the Client and the therapist. This form becomes part of the medical documentation kept about the Client upon the Client’s signature.

Article 4

Rights and Obligations of the Operator

The Operator is especially obliged

a) to provide the Client with all information and instructions according to these Terms and Conditions, in the manner and under the conditions set out in them,
b) to ensure the provision of the Service to the Client in the confirmed term, scope, and corresponding quality, in the manner and under the conditions set out in these Terms and Conditions,
c) to keep the Client’s medical documentation.

The Operator has especially the right

a) to payment of the price for the provided Service according to the valid price list,
b) to refuse to provide the requested Service, in cases set out in these Terms and Conditions,
c) to payment of a contractual penalty, in cases set out in these Terms and Conditions.

Article 5

Price of the Service and Their Payment

The price for the provided Service is always determined according to the current valid Price List of the Operator, which is published on the Website and is payable immediately after the provision of the Service at the premises.
In case the Client uses Services based on a Prepaid Card for a specific number of Services, Membership Card for a package of Services, or Gift Voucher (hereinafter jointly also referred to as „Prepaid Product“), the total price of the given Prepaid Product is always payable before starting to use the first Service within the given Prepaid Product, unless the Operator and the Client expressly agree otherwise.
Based on a prior agreement between the Client (or their employer in case the price of individual Services or the Prepaid Product is paid by the Client’s employer as part of the so-called benefits) and the Operator, it is possible to pay the price of the Service or the Prepaid Product based on an invoice with a maturity of 7 calendar days from the moment of issuing the invoice. The invoice is sent by email to the Client on the day of issue and is considered delivered on the following calendar day.
In exceptional cases (e.g., non-functional payment card of the Client or non-functional payment terminal of the Operator), with the consent of the Operator, the price of the Service can be paid after its provision based on an invoice, but only if the Client signs the form on Acknowledgment of debt for the provision of the Service. The invoice is due within 7 calendar days from the moment of its issuance. The invoice is sent by email to the Client on the day of issue and is considered delivered on the following calendar day.
In case of delay with the payment of the Service price for more than 3 days, the Operator has the right to suspend the provision of other Services until the full payment of the debt or to withdraw from the provision of other Services agreed by booking. In addition, the Operator has the right to interest on late payment at the rate of 0.1% of the outstanding amount for each day of delay. In case of withdrawal from the booking of already prepaid Services, the Operator will return to the Client the already paid price of Services that will not be provided, if it is possible to determine this amount. From this amount, the Operator is entitled to deduct any contractual penalty and interest on late payment, if they became entitled to them according to these Terms and Conditions.
The price of the Service or the Prepaid Product can be paid in one of these ways:

a) by payment card on the payment terminal at the Operator’s premises,
b) by cash payment at the Operator’s premises,
c) in cases specified in these Terms and Conditions, also by bank transfer or cash deposit to the Operator’s account – account number: 265 74 79 86 / 0300, Československá obchodní banka, a.s.

Article 6

Prepaid Card for a specific number of Services, Membership Card for a package of Services, and Gift Voucher

By purchasing a [Prepaid Card for a specific number of Services]{.underline} (hereinafter referred to as „Prepaid Card“), the Client (i.e., the person in whose name this Card is issued) acquires the right to use selected Services within the Services provided by the Operator, to the extent and in the number that are tied to the given Prepaid Card. A Prepaid Card can be purchased for 5 therapies or for 10 therapies. Services that can be used based on the given Prepaid Card and the prices of individual types of Prepaid Cards are listed in the Operator’s Price List on the Website. A Prepaid Card purchased for 5 therapies is valid for 3 months from its purchase. A Prepaid Card purchased for 10 therapies is valid for 6 months from its purchase.
By purchasing a [Membership Card for a package of services]{.underline} (hereinafter referred to as „Membership Card“), the Client (i.e., the person in whose name this Card is issued) acquires the right to use a combination of individual Services, as specified in the Operator’s Price List. The prices of individual types of Membership Cards are listed in the Operator’s price list on the Website. A Prepaid Membership Card is valid for 12 months from its purchase.
A [Gift Voucher]{.underline} (hereinafter referred to as „Gift Voucher“) entitles the person in whose name it is issued to use the Services marked in the voucher. The Gift Voucher also states the name of the entitled person, the date of its issue, and the period of its validity. The prices of Gift Vouchers are listed in the Operator’s Price List on the Website.
Prepaid Cards, Membership Cards, and Gift Vouchers are issued in the name of a specific person and are non-transferable. After the expiry of their validity period, unused Services expire, and the Client does not have the right to a refund of the value of unused Services.
Providing booking dates to the Client – Holder of Prepaid Products is, in case of a large number of unused Services at the end of the validity period of the given Prepaid Product, unenforceable. Therefore, the Operator strongly recommends using prepaid Services continuously.
In case of detecting unauthorized manipulation with the Prepaid Product (change of purchase date, change of name, change of customer number, forgery of the card or voucher), the Prepaid Product will be immediately invalidated, taken from the person who tried to use it, and destroyed without any right to compensation for the price of unused Services.
For holders of Prepaid Products who want to use Services outside office hours (published on the Website, i.e., in the evening, early morning, on holidays, on weekends), the same obligation applies as for other Clients, to pay the increased rate for providing the Service at a premium time according to the valid Price List of the Operator, as well as the obligation to pay travel expenses in case of a request to provide the Service outside the premises.

Article 7

Contractual Penalties

In case that

a) the Client does not arrive for the provision of the ordered Service, which is planned in the Operator’s reservation system, or
b) they apologize from such ordered Service, but less than 24 hours before the ordered term of the Service provision (unless specified earlier**), or
c) the provision of such Service will be refused due to the Client’s late arrival for the provision of this Service if this delay exceeds ten minutes,

the Client is obliged to pay the Operator a contractual penalty in the amount of 100% of the price that would be due to the Operator for providing such Service according to the valid Price List of the Operator. If it was not planned which specific Service should be provided to the Client in the ordered term, the Client is obliged to pay the Operator a contractual penalty in the amount of 1,950 CZK.

The contractual penalty is payable within 7 days from the day when the Service was to be provided, based on the Operator’s request. The Operator reserves the right not to provide the Client with another Service until the contractual penalty is paid.
In the case of holders of Prepaid Products according to Article 6, in the cases mentioned in paragraph 1 of this article, a contractual penalty will not be charged, but the Service from which the Client did not apologize, apologized late, or which was not provided due to the Client’s late arrival, will be automatically considered as provided and deducted from the respective Prepaid Product.

Article 8

Health Problems After Completion of the Service

In case the Client has health problems after the provision of the Service that may be related to the provision of the Service by the Operator, they are obliged to inform the Operator about this without delay, either in person, by phone, or by e-mail, stating the specific health complaints. In such a case, the Client undertakes to follow the recommendations and instructions given to them by the Operator, including a possible doctor’s visit.

Article 9

Exclusion of Liability – Provision of Healthcare Service

The Operator is not liable to the Client for any direct or indirect harm or damage that arises to the Client in connection with the use of the Service when incorrect, inaccurate, or incomplete data about the Client are provided by the Client or their legal representative before determining the individual treatment plan and/or before starting to use the specific Service (an example of not providing data may be, for instance, concealing that during the therapy between visits within the individual treatment plan, the Client suffered a new injury or did not respect the recommended rest).

Article 10

Premises and Conditions of Its Operation

Operating hours of the premises refer to the time during which the premises are open to the public. The current operating hours of the premises are published on the entrance door to the premises and on the Website.
Operating hours of the reception of the premises refer to the time when the Operator’s reception and its services are available to Clients. The operating hours of the reception of the premises are published on the Website. Outside the stated operating hours of the reception, the reception services are not/may not be available to Clients.
Office hours of the therapist refer to the time frame when the given therapist is or should be present at the Premises and is or should be available to booked Clients. The office hours of the therapist are published on the Website. The therapist is not obliged to accept an unbooked Client or a Client who requests the provision of the Service outside the therapist’s office hours. If the therapist nevertheless accepts a Client outside their office hours, they are entitled to remuneration according to the currently valid Price List of the Operator, either as the so-called „Urgent therapy“ (if the Service is provided to the Client outside the office hours of the given therapist, and that more than one working day after booking) or as the so-called „Emergency“ or „Therapy within 24 hours“ (if the Service is provided to the Client outside the office hours of the given therapist within the deadline until the end of the next working day after booking).
The Operator draws attention to the fact that for the protection of the rights and legitimate interests of the Operator, for the protection of property, and for the protection of the health of persons, the spaces of the entrance to the premises and the spaces of the reception of the premises are continuously monitored by a security system and/or cameras with recording. More detailed information about the principles of processing camera recordings is available on the Website.

Article 11

Final Provisions

The rights and obligations of the parties not expressly regulated in these Terms and Conditions are governed by the relevant legal regulations valid in the territory of the Czech Republic.
Any changes to these Terms and Conditions become effective on the day specified in them, but not earlier than their publication on the Website.
By using any Service, the Client repeatedly expresses consent to the content of these Terms and Conditions in their current wording. In case the Client does not agree with the content of these Terms and Conditions, they are obliged to inform the Operator before the provision of the Service. In such a case, the Operator is entitled to refuse the provision of the Service.
These Terms and Conditions become effective on March 12, 2025.

** In case the provision of the Service is ordered for the day following a weekend or public holiday, the Client is obliged to apologize from using the Service no later than 11:00 a.m. of the last working day that precedes this weekend or public holiday.

In Prague on March 11, 2025

for Josh Fyzio s.r.o.

PaedDr. Michal Joshua Frána, MBA MHA LL.M.

executive