1. General

1.1. The treatment contract (including vaccinations and check-ups) comes into effect through the request of the pet owner, whether made electronically or orally (e.g. by phone), and the acceptance of the veterinary practice (either in writing or orally). The acceptance may also be implied by the commencement of treatment (examination). Except in medically indicated emergencies, the pet owner has no entitlement to treatment at the veterinary practice.

1.2. The treatment contract with the pet owner is concluded exclusively under these General Terms and Conditions, in the version applicable at the time, which are available on the website www.tierarztpraxis-vorgartenstrasse.at and for inspection at the veterinary practice.

1.3. Consultations with our veterinarians are only possible by prior appointment, except in emergencies. If agreed appointments are not kept without timely cancellation (at least 24 hours in advance), we reserve the right to claim any resulting damages.

1.4. For purchase agreements regarding medicines, dietetic and supplementary feed, as well as dog and cat snacks (“treats”), section 1.1 applies accordingly.

1.5. The exchange or return of medicines, dietetic and supplementary feed is excluded, even if they have not yet been opened/used.

1.6. The medicines and feed sold by the veterinary practice remain the property of the veterinary practice until full payment of the agreed fee.

2. Veterinarians and Assistants

2.1. The selection of the treating veterinarian is solely at the discretion of the practice, so there is no right to choose a specific veterinarian. This does not prevent us from attempting to take the wishes of pet owners into account where possible.

2.2. The practice is entitled to engage employees as well as qualified third parties in the performance of the contract, without requiring the prior consent of the pet owner.

3. Obligations of the Pet Owner

3.1. The pet owner is obliged to provide the treating veterinarian with the complete medical history of the animal without being asked. This includes all previous treatments, findings, and current medications.

3.2. The pet owner must disclose any aggressive behavior or other potential danger posed by the animal before treatment or examination. Failure to do so makes the pet owner liable for any injuries to staff or damage to the practice.

3.3. All treatments recommended and initiated by us must be supported by the pet owner, and our medical instructions must be followed. If the pet owner discontinues or refuses the proposed or already initiated treatments, our liability is excluded.

3.4. The pet owner is liable for all damages caused to the practice through their negligent conduct, including inadequate supervision of their animal.

4. Fees

4.1. Fees for examinations and treatments (including surgical procedures) or for the purchase of goods (medicines, feed) are to be paid immediately after treatment/operation/purchase, in cash, by debit card, or by credit card (Visa or Mastercard).

4.2. The obligation to pay the fee remains even in the event of the death (euthanasia, natural death) of the animal.

4.3. A written cost estimate is provided prior to surgical procedures, but it is non-binding, since medical reasons may require additional treatment during the procedure. The estimate also covers food and other costs for animals admitted on a day-stationary basis.

4.4. If an animal displays aggressive behavior during its stay that prevents safe postoperative care, the practice is entitled to take sedation or other measures to ensure proper treatment. Such unforeseeable costs are to be borne by the pet owner in addition to the estimated treatment/operation costs.

4.5. If life-threatening or severely health-impairing circumstances arise during surgery or admission, the practice is entitled to perform additional examinations, treatments, or extensions of the procedure in the interest of animal welfare, even without the owner’s consent if they cannot be reached. The pet owner is still obliged to cover these additional costs.

4.6. If life-threatening conditions occur during surgery or admission that can no longer be reasonably treated, the practice is entitled, in the interest of animal welfare and if the owner cannot be reached, to euthanize the animal. The pet owner must still cover the agreed treatment fee as well as the costs of euthanasia.

4.7. If an animal is not collected after surgery/admission, the practice is entitled (but not obliged) to hand it over to a suitable third party. In this case, the pet owner waives all claims in connection with their animal.

4.8. For other treatments/examinations in the practice, the veterinarian will provide the pet owner with a non-binding verbal cost estimate in advance, which may change depending on the course of treatment and interim results.

4.9. The pet owner may only offset claims with counterclaims recognized by Mag. Nina Leonard or established by a court. The pet owner has no right of retention.

5. Obligations of the Veterinary Practice

5.1. The veterinary practice undertakes to fulfill the treatment contract in accordance with veterinary due diligence and generally accepted scientific rules and methods for restoring or maintaining the animal’s health. There is no legal entitlement to a successful outcome.

5.2. Within the framework of statutory warranty provisions, the practice undertakes to remedy a lack of treatment success or complications. The costs of remedying follow the warranty provisions of the Austrian Civil Code (ABGB). If the practice is not informed of a lack of treatment success or complications, so that remedy is not possible, statutory warranty claims are excluded.

6. Disclaimer of Liability

The veterinary practice is not liable for lost items (including valuables) belonging to third parties, especially pet owners, during their presence on the practice premises.

6. Data

6.1. For the best possible treatment and care of the animals, certain personal data of the pet owners and treatment data of the animals must be permanently stored in the practice’s data system. Further information is provided in our privacy policy. The data provided by the pet owner, as well as treatment data, are subject to data protection regulations and veterinary confidentiality.

6.2. Data of pet owners or animals are generally not passed on to third parties. Exceptions include data transfer to specialists for medical consultation, to referral clinics or laboratories, or to authorities in the case of notifiable animal diseases. Data may also be transferred to a collection agency or legal representatives in case of legal disputes between the pet owner and Mag. Leonard arising from or in connection with the treatment contract.

7. Place of Jurisdiction / Applicable Law / Complaints Office

7.1. The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the competent court in Vienna.

7.2. The treatment contract and these General Terms and Conditions are subject exclusively to Austrian law.

7.3. Competent chamber and complaints office: Austrian Veterinary Chamber (Österreichische Tierärztekammer).