General: 1.1. Jutta Wehinger is a freelance midwife based at Bäumlegasse 12b, 6850 Dornbirn, Austria, and is registered under number 1852 in the Austrian Midwives’ Register. 1.2. These Terms and Conditions govern the treatment agreement between Jutta Wehinger (hereinafter referred to as the “Independent Midwife”) and the pregnant, birthing, or postpartum client (hereinafter referred to as the “Client”) in the sense of a freelance service contract.
Conclusion of Contract: 2.1. The treatment agreement between the Independent Midwife and the Client is concluded following a paid initial consultation and the signing of the treatment agreement and the agreed service catalogue. 2.2. The Independent Midwife reserves the right to refuse a treatment agreement without giving reasons, particularly if a necessary trust relationship with the Client cannot be reasonably expected.
Subject of the Contract: 3.1. The exact scope of services under the treatment agreement is defined in the service catalogue agreed between the Independent Midwife and the Client. 3.2. The Independent Midwife is not generally bound to a specific location when providing services, though services are most commonly provided at the Client’s residence. The Independent Midwife has a practice in Lustenau, where initial consultations and agreed appointments take place.
Client’s Obligations: 4.1. The Client is obliged to provide the Independent Midwife with truthful information regarding circumstances deemed necessary by the Independent Midwife for the proper safeguarding of the health and welfare of the Client and her newborn/infant. All relevant information, particularly concerning health complaints or conditions, must be disclosed. 4.2. The Client must provide all necessary information during the initial assessment and also during any subsequent assessments. 4.3. The Client undertakes to promptly notify the Independent Midwife of any changes to personal data or residence. 4.4. Regarding entrusted and known facts or secrets, the Independent Midwife is bound to confidentiality pursuant to § 7 of the Midwives Act (HebG). 4.5. In the event of the Independent Midwife’s unavailability, the Client must assist in arranging professional continuation of care. 4.6. If the Client cannot reach the Independent Midwife, they are obliged to contact the substitute contact person designated by the Independent Midwife, or, if necessary, the nearest hospital or paediatrician.
4.7. Should the Independent Midwife not immediately respond to the Client’s first telephone contact attempt, the Client must continue attempting contact. If the midwife remains unreachable, the Client must attend the nearest hospital. 4.8. Telephone contact should only be made by phone, not via SMS or WhatsApp. 4.9. The Independent Midwife may withdraw from the treatment agreement if the Client breaches their cooperation obligations.
Appointments: 5.1. Appointments are agreed individually with the Client and must be attended. 5.2. If an appointment cannot be attended for an important reason, the Independent Midwife must be notified personally or by phone at least 24 hours in advance. 5.3. If an appointment is not cancelled within the above timeframe, or is missed without excuse, the Client shall pay a flat-rate compensation of €80 per missed treatment hour. These costs are not reimbursed by health insurance.
Substitute Provision: 6.1. The Independent Midwife primarily provides services herself but may be represented by a suitable person. Any substitute is subject to the same obligations, including confidentiality. 6.2. In the event of the Independent Midwife’s unavailability, she will endeavour to ensure professional continuation of care, including referral to a clinic.
Unavailability: 7.1. In cases of illness or long-term absence, the Independent Midwife shall notify the Client immediately, or at least four weeks in advance for planned absences.
Fees for Care, Advice, and Support: 8.1. Fees for services provided by the Independent Midwife are agreed separately and invoiced accordingly. Payment obligations arise upon provision of the agreed service. 8.2. If the service cannot be rendered without fault of the Independent Midwife, who was ready to provide it, she is entitled to compensation as per Clause 5.3. 8.3. The Client will be informed of the Independent Midwife’s fees via a price list. All fees are net amounts.
Payment Terms: Payment terms are agreed individually. Without prior arrangement, a final invoice will be issued at the end of the collaboration. Late Payment: 10.1. In case of late payment, the Client owes statutory default interest, currently 4%. 10.2. The Independent Midwife may charge a reminder fee of 4% for each reminder issued.
Termination of Contract: 11.1. Both parties may withdraw from the treatment agreement at any time without giving reasons by written notice, with immediate effect. 11.2. The Independent Midwife may unilaterally terminate the contractual relationship at any time without giving reasons, observing applicable duty of care obligations, but is not obliged to assist the Client in finding alternative midwifery support. 11.3. The Independent Midwife is entitled to discontinue treatment if the Client neglects advice, provides inaccurate or incomplete information for assessment or diagnosis, or obstructs therapeutic measures. 11.4. The Independent Midwife retains the right to claim fees for all services rendered up to the termination of the contract.
Amendments: Contract amendments must be made in writing only.
Jurisdiction: Any disputes arising from this treatment agreement fall under the exclusive jurisdiction of the competent court in Dornbirn, Austria.
Final Provisions: 15.1. Should any provision of this agreement be invalid, the validity of the remaining provisions shall not be affected. 15.2. The parties agree to promptly replace any invalid provision with one that comes closest to the intended economic purpose. 15.3. The mutual rights and obligations of the parties are derived from this agreement. 15.4. In case of conflict, the following legal sources apply in order of priority: a) Midwives Act (HebG) b) Austrian Civil Code (ABGB)