GENERAL TERMS AND CONDITIONS

I. Preamble

1. FYZIO KLINIK, S.L., with its registered office at Avenida V Centenario 1, 38660 Playa de las Américas, Santa Cruz de Tenerife, CIF: B16852402 (hereinafter referred to as “FYZIO KLINIK”) is a provider of healthcare services and related services under the valid authorization issued by the competent authority. It operates a healthcare facility – a center dedicated to rehabilitation and regeneration, offering joint diagnostic and therapeutic services, as well as specialized clinics in physiotherapy, balneology, medical rehabilitation, and specialized neurological clinics.
2. The provider offers healthcare and services related to healthcare in outpatient healthcare facilities of the highest quality, in accordance with standard therapeutic and diagnostic procedures, with the goal of improving the health of individuals, and for a fee.
3. In order to detail the mutual rights and obligations related to the provision of healthcare and related services, the Provider issues these General Terms and Conditions (hereinafter “General Terms”).
4. The purpose of these General Terms is to define the rights and obligations arising from the legal relationship established by the Agreement entered into between the Provider and the Client.
5. The Client acknowledges that the Provider does not have a contract with any health insurance company for the provision of healthcare and public health insurance. The payment for healthcare services, services related to healthcare, or additional services is made outside of the healthcare insurance system.
6. Healthcare and services related to healthcare, as well as additional services provided by the Provider, are charged according to the valid price list published by the Provider, which is to be paid directly by the Client.
7. The Provider delivers healthcare and related services, as well as additional services, in accordance with the information provided by the Client and the relevant medical documentation.

II. Key Terms and Definitions

1. Terms written with capital letters used in these General Terms or in documents related to these General Terms have the meaning defined in these General Terms.
2. For the purposes of these General Terms, the following terms have the following meanings:
   “Agreement” – means the agreement for the provision of healthcare services that the Client has entered into with the Provider, as well as an agreement for the provision of services related to healthcare and additional services, concluded in writing or implicitly (by phone, online, or any other form in which the Client accepts the provisions of these General Terms) between the Provider and the Client.
3. Implicit actions by the Client that result in the formation of an Agreement include:

• • Phone booking for services at the physiotherapy center.
  • Online booking for services at the physiotherapy center via the internet.
  • Personal booking for services at the Provider’s premises.
  • Booking through the FYZIO KLINIK mobile app.

“Provider’s Website” – means www.fyzioklinik.com.

“Client” – means any natural person to whom the Provider provides physiotherapy services and services related to healthcare or additional services. A Client also refers to any person receiving healthcare services from the Provider on a one-time basis.

“Treatment” – means the intentional intervention in a person’s health to restore their health, prevent further deterioration of their health (stabilizing their condition), or alleviate the symptoms and consequences of a medical condition.

“Healthcare Regimen” – means a set of exercises, physiotherapeutic, nutritional, and dietary guidelines to support treatment.

“Additional Services” – means all services provided to the Client at their request to ensure higher comfort related to the healthcare provided by the Provider.

“Remuneration” – refers to the amount the Client is required to pay the Provider in accordance with these General Terms and the valid price list.

“Healthcare Worker” – refers to a healthcare professional designated by the Provider to provide healthcare services to the Client. If the healthcare provider is a doctor, they are the treating physician; if the healthcare worker is a physiotherapist, they are the treating physiotherapist.

“Provider” – refers to the company FYZIO KLINIK, S.L., with the registered office at Avenida V Centenario 1, 38660 Playa de las Américas, Santa Cruz de Tenerife, CIF: B16852402.

“Premises” – means the physiotherapy center, the healthcare facility of the Provider located at Avenida V Centenario 1, 38660 Playa de las Américas, Santa Cruz de Tenerife.

“Rehabilitation, Regeneration, and Client Recovery” – are the primary goals of the Provider and the essential content of the healthcare services provided.

“General Terms” – refers to the General Terms and Conditions for the provision of healthcare and services related to healthcare and additional services.

“Data Protection Act” – refers to Law 18/2018 on the protection of personal data and the European Parliament and Council Regulation (EU) 2016/679 (GDPR).

“Healthcare Provider Act” – refers to Law 578/2004 on healthcare providers, healthcare workers, professional organizations in healthcare, and amendments to certain laws.

“Healthcare” – refers to the set of activities carried out by healthcare workers with the aim of prolonging the Client’s life, improving the quality of life, and ensuring the healthy development of future generations.

“Healthcare Service” – refers to the specific activity performed by the healthcare worker, which represents the basic unit of providing healthcare by the Provider.

III. Agreement for Healthcare Services

1. Healthcare services, services related to healthcare, and additional services are provided by the Provider based on the Agreement.
2. Healthcare services are provided by the Provider within the scope specified in the Agreement.
3. By entering into the Agreement, the Client confirms:
   • They acknowledge that healthcare provided by the Provider is fee-based and that examinations and healthcare services are covered by the Client according to the terms agreed with the Provider.
   • They have been informed of the current price list and acknowledge that it is available for further review at the healthcare facility (Provider’s premises) and on the Provider’s website.
   • The healthcare, services related to healthcare, and additional services are provided in the scope outlined in the Agreement.
   • They have read and agree to these General Terms.
   • They have been informed about the proposed procedures, the risks involved, and their options for choosing among these procedures. The information has been provided in an understandable and respectful manner, without pressure, with ample time to make a decision.
   • They consent to the proposed procedures and will inform the healthcare provider if they experience any changes in their health condition (such as sudden illness or pain) after the examination or treatment.ň

4. The Provider offers healthcare and services related to healthcare during the Provider’s business hours, as follows:

• Opening hours of the healthcare center: Monday to Friday from 9:00 AM to 12:00 PM and 12:00 PM to 5:00 PM.

5. The Client may make an appointment with the Provider in the following ways:

• In person at the Provider’s premises.
• By phone at +34 675 423 062.
• Via the contact form online on the Provider’s website.
• Through the Provider’s mobile app.

6. By entering into the Agreement, a legal relationship is established between the Provider and the Client, whose subject matter is the provision of healthcare, services related to healthcare, or the provision of additional services.
The Provider has the right to refuse the conclusion of the Agreement for the provision of healthcare if required by applicable legal provisions or in cases where the Client fails to pay for such services in full in accordance with these General Terms.

7. The Provider has the right to refuse to conclude the Agreement if the conclusion of such an Agreement would exceed the Provider’s reasonable workload.

IV. Provision of Healthcare Services

1. The healthcare provider delivers its services through healthcare professionals.
2. The provider is required to provide healthcare services in accordance with professional medical standards (lege artis), i.e., procedures that are in line with the current scientific knowledge.
3. The healthcare professional is obligated to inform the Client about the purpose, nature, consequences, and risks of the provided healthcare, as well as the available options for the proposed procedures and the risks of refusal to provide healthcare, in accordance with the provisions of § 6 of the Healthcare Act.
4. Anyone who is entitled to receive information according to section 3 of this article also has the right to refuse the provided information. A written record will be made of the refusal to receive information.
5. When providing healthcare, the Client has the right to:
   
   – Protection of their dignity, and respect for their physical and mental integrity.
   – Information regarding their health condition.
   – Information about the purpose, nature, consequences, and risks of providing healthcare, available options for the proposed procedures, and risks associated with the refusal of healthcare.
   – Refuse healthcare services, except in cases where healthcare can be provided without informed consent, in accordance with the law.
   – Confidentiality regarding all data related to their health status and circumstances, unless a specific legal provision releases the healthcare professional from confidentiality.
6. In cases of damage arising from a breach of contractual obligations by either party (Client or Provider), the parties are liable in accordance with the relevant legal provisions regarding liability for damages.
7. The Provider is not liable for damage to the Client caused by circumstances beyond the Provider’s control, i.e., circumstances the Provider could not foresee or prevent. The Provider is not liable for damages resulting from the Client’s individual health conditions, especially when the Provider has informed the Client about possible risks.
8. The Provider is not liable for damage caused to the Client if the Client did not provide complete, truthful, or up-to-date information about their health condition, or in cases where the Client knowingly or unknowingly withheld information that is crucial for the provision of healthcare by the Provider in accordance with professional standards.
9. The Client acknowledges the individuality of their health problem and agrees that the Provider’s services are aimed exclusively at their rehabilitation, regeneration, and recovery.

V. Reservation of Appointment, Changes to Reservation

1. The Client acknowledges that they are entitled to book an appointment for an examination or healthcare service through the following methods:
   – By phone at +34 675 423 062.
   – Online via the contact form available on the Provider’s website.
   – In person at the Provider’s premises.
   – Through the Provider’s mobile app.
2. Before making any reservation for a session, consultation, examination, or healthcare service, the Client must read these General Terms and Conditions. By confirming the reservation, the Client confirms that they have read and agree to these General Terms and Conditions, and gives their full, serious, and unconditional consent to the terms.
3. When booking an appointment for an examination or healthcare service through the Provider’s mobile app, the Client can search for available times according to their selected criteria (service/category, healthcare professional, date and time).
   – Upon downloading the mobile app, the Client must complete all mandatory fields (name, surname, email, and phone contact). After completing all required fields, the Client will promptly receive an email confirming their registration in the Provider’s mobile app.
   – When booking through the mobile app, the Client can choose to pay via cash, card, or credit. Credit will be applied to the Client’s account within the bonus package purchased from the Provider.
   – The Client acknowledges that after the successful and valid completion of the reservation through the mobile app, and selecting payment by card or credit, the payment for the reserved service will be automatically deducted 8 hours before the scheduled time according to the Provider’s price list, in accordance with Article VII of these General Terms and Conditions.
4. If the Client is late for their scheduled appointment, the Provider is entitled, depending on the current workload, to offer a modified shortened procedure, examination, or healthcare service. In such cases, the Client is obligated to pay the Provider the agreed-upon remuneration for the originally scheduled service.
5. Any changes to the reservation made by the Client must be made at least 8 hours in advance, by phone at +34 675 423 062, via email at @fyzioklinik.com, and in accordance with the conditions specified in Article VI of these General Terms.If the Client requests a change to an already made reservation that cannot be fulfilled due to capacity or other reasons, the Provider will take all steps to meet the Client’s request. However, the Provider is not obliged to accommodate the Client’s request for a change to the reservation, and the Client will not be entitled to any compensation or other claims against the Provider due to the inability to change the reservation.

VI. Cancellation of Reservation

1. In the interest of providing efficient and timely healthcare, the Client is required to adhere to the scheduled appointment for the examination or healthcare service they have booked.
   In the case that a serious and objectively unforeseen obstacle prevents the Client from attending the scheduled examination or healthcare service, the Client is required to notify the Provider at least 8 hours in advance by any of the methods outlined in point 2 of this article. In the event of timely cancellation of the scheduled appointment, the Client has the right to be provided with an alternative appointment for the agreed-upon service, in accordance with the conditions outlined in point 3 of these General Terms and Conditions.
   If the Client fails to notify the Provider of the obstacle in a timely manner (i.e., less than 8 hours before the scheduled service) or does not attend the scheduled appointment, the reserved appointment for the examination or healthcare service will be forfeited. The Client is obligated to pay the Provider a cancellation fee equal to the full value of the missed examination or healthcare service, according to the Provider’s current price list (hereinafter referred to as the “Cancellation Fee”). If the Client has already prepaid for the service as part of an online reservation and has not canceled the reservation in a timely manner in accordance with this section of the General Terms and Conditions, the Client is not entitled to a refund for the service and is also not entitled to an alternative appointment.
2. The Client must cancel the reserved examination or healthcare service in writing, i.e., by email to the Provider at office@fyzioklinik.com, or by phone at +34 675 423 062.
3. In the event that the Client has not prepaid for the service at the time of reservation and the Client fails to cancel the reservation in a timely manner as per point 1 of this article, the Client is subsequently obligated to pay the Cancellation Fee equal to the full value of the reserved service according to the Provider’s price list. The Cancellation Fee must be paid by the Client in cash upon the next visit to the Provider, or the Client may be required to pay this fee based on a written request from the Provider. If the Cancellation Fee is not paid, the Provider reserves the right to refuse the Client healthcare services or other related services defined in these General Terms and Conditions until the cancellation fee is fully paid, and the Provider may also enforce payment of the cancellation fee in accordance with the applicable legal provisions.

VII. Remuneration

1. The Client is obligated to pay the Remuneration to the Provider. The amount of the Remuneration is determined in accordance with the price list of the Provider, valid and published at the time of the examination, healthcare service, or provision of the service to the Client.
   If there is a change in the price list between the time of booking and the actual performance of the examination, healthcare service, or other services, the Client will be charged the Remuneration valid at the time of the booking or reservation of the examination, healthcare service, or service.
2. The Provider publishes the price list of its services on the Provider’s website and in the Contact Center or at the entrance to the Provider’s premises.
3. The Remuneration is payable in cash or by card at the Provider’s premises on the day of the examination, healthcare service, or provision of the service to the Client, except for examinations, healthcare services, or other services provided based on an online reservation, in which case the remuneration is payable in advance at the time of confirming the online reservation, in accordance with section 3 of Article V of these General Terms.
4. The Remuneration, as stated in this section, includes all administrative and technical costs incurred by the Provider in fulfilling its obligations under the Agreement.
5. The Provider is entitled to change the price list during the term of the Agreement. Any change to the price list will be made by publishing a notice of the price change on the Provider’s website.
6. If the Client delays payment of the Remuneration, the Provider is entitled to refuse to provide healthcare services to the Client until the full payment of the Remuneration is made. The Provider is entitled to recover any unpaid portion of the Remuneration, including any related costs, in accordance with applicable legal provisions, including any accessories related to the unpaid remuneration and the costs incurred by the Provider in enforcing payment.

VIII. Processing, Providing, and Making Available Health Documentation Data

1. The Provider is required to process, provide, and make available health documentation data in accordance with the relevant provisions of the Healthcare Act and the Personal Data Protection Act.
2. Health documentation includes:
   – Personal data of the Client receiving healthcare, including name, surname, date of birth, personal identification number, address of residence, and health data necessary for determining the medical history.
   – Data about the Client’s informed consent and the information provided.
   – Information about the Client’s medical condition, the course and results of examinations, treatments, and other significant circumstances related to the Client’s health condition and the process of providing healthcare.
   – Data about the extent of the healthcare provided.
   – Data about healthcare-related services provided.
   – Data on temporary work incapacity, data about the treatment regimen, and relevant facts necessary for assessing the Client’s ability to work.
   – Data regarding the Provider’s information.
3. Health documentation is maintained in accordance with the Healthcare Act.
4. The Provider is required to ensure that only the attending physician and, to the necessary extent, other healthcare professionals, have access to the health documentation. The extent of access to personal data and the authorized persons will be determined by the Provider.
5. In case of a change of the outpatient healthcare provider due to the termination of the Agreement, the Provider is required to transfer the health documentation or its copy to the new healthcare provider within seven days of receiving the request from the Client.
6. Health documentation data will be provided in the form of an extract from the health documentation. The extract includes, in addition to the Client’s and Provider’s identification details, a chronological description of the health condition development, an overview of the past treatments, data necessary for further healthcare provision, the date of issuance, and identification of the attending healthcare professional.
7. The Provider is required to provide an extract from the health documentation based on a written request for the scope directly related to the purpose of the request. Data from the health documentation will be made available in the form of access to the Client’s health documentation, as specified in § 25 of the Healthcare Act.

IX. Protection of Personal Data

1. The Provider processes personal data in accordance with the applicable legal provisions of Spain, particularly in accordance with the Personal Data Protection Act, and only for the specified and designated purpose. The Provider commits not to handle or process personal data in violation of applicable legal provisions.
   By granting consent, the Client confirms that they have been informed about their rights under the Personal Data Protection Act (note, particularly but not exclusively, section § 28 of the Personal Data Protection Act).
2. By receiving healthcare services and other services provided by the Provider, the Client declares their consent for the processing of their personal data in the manner and scope specified in the Personal Data Protection Act. This consent is granted indefinitely.
   Consent can be revoked by sending a notice, either by letter or electronically, to the Provider’s registered address or via email to office@fyzioklinik.com.
3. The purpose of processing the Client’s personal data is to maintain records for the purpose of providing and improving the services the Provider offers to the Client.
4. The Provider adheres to high ethical standards and respects the privacy of the Clients. Except when required by law or other applicable legal provisions, the Provider will not disclose or make personal data available to third parties or other recipients without the Client’s consent.

X. Common and Final Provisions

1. These Terms and Conditions (T&C) and the legal relationships arising from them are governed by the legal system of Spain.
2. The legal relationships between the Provider and the Client, which are subject to these T&C and/or the Agreement, and which are not governed by these T&C and/or the Agreement, are governed by the legal system of Spain, particularly the provisions of the Healthcare Law, the Healthcare Providers Law, and other related and applicable legal regulations.
3. By entering into the Agreement, confirming the reservation of the appointment for the examination or healthcare service, the Client expresses their consent to these T&C and commits to complying with them. The Provider is authorized to unilaterally modify these T&C due to changes in applicable laws regulating the relationship between the Provider and the Client or based on the Provider’s decision.
   Changes to these T&C will be communicated by publishing a notice on the Provider’s Website. Along with the notice of the change, the full version of the updated T&C will be made available on the Provider’s Website. The change to these T&C takes effect on the day it is published on the Provider’s Website.
4. If any provision of these T&C is found to be invalid at the time of the establishment of the contractual relationship between the Provider and the Client, or if it becomes invalid later, this will not affect the validity of the remaining provisions of the T&C.
   Invalid provisions will be replaced by the relevant provisions of the Civil Code and other legal regulations valid and effective in Spain, which are closest in content and purpose to the invalid provision(s).
5. These T&C remain in effect for the entire duration of the legal relationship between the Provider and the Client established by the Agreement and/or these T&C and continue to be effective even after the relationship ends, until all claims arising from them are fully settled.
6. For the avoidance of doubt, any written communication sent by the Provider to the Client or by the Client to the Provider will be considered delivered to the recipient on the fifth business day after sending the communication to the last known address or registered office of the Provider, unless an earlier time of delivery can be proven.
   In cases where notifications are to be made by the Client under these Terms via the Provider’s Website, such notifications will be considered duly made upon their publication on the Provider’s Website.
7. These T&C are effective and binding from the date of their publication on the Provider’s Website unless a later date is specified within the T&C. These T&C are also available for review in printed form at the Provider’s premises.

Date of Issue: June 5, 2025