General Terms and Conditions
of SwissCare Züri GmbH
1. General provisions
The contractual relationship between SwissCare Züri and its clients (hereinafter "clients") is based on the following foundations:
- Written service contract (where applicable special service order)
- General Terms and Conditions (GTC)
- Current rate list
- Privacy policy for clients
In line with the agreements of the contracting municipalities and taking into account the requirements and recommendations of the overarching organisations, Swiss Care Züri offers residents of the affiliated municipalities services in the areas of care, household help and support.
Unless special rules are set out in the individual agreement and the general terms and conditions, the provisions of the Swiss Code of Obligations (CO) apply, in particular the provisions on agency contracts (Art. 394 et seq.).
Comprehensive information on SwissCare Züri as well as further relevant documents in connection with the general terms and conditions, legal notices and implementing provisions are published in their respective current version on the official website of SwissCare Züri and can be requested directly from SwissCare Züri.
2. Objectives
SwissCare Züri offers clients support through care, household and support services as complementary support and care in their home environment. Existing abilities (resources) and possibilities of clients, their relatives and the social network are taken into account and actively involved. Support follows the principle of help towards self-help in order to promote and maintain clients' independence as far as possible.
3. Scope of services
The scope of services is determined by needs assessment and recorded in the SwissCare Züri client file. These documents include all relevant information on care and support. A needs notification form and a service plan are prepared and made available to the health insurers.
4. Planning and provision of services
Needs assessment
In a discussion with clients and/or relatives, the service need is determined. The scope of services is reviewed periodically and adapted to changed situations as needed. The needs assessment is based on professionally sound criteria and is billed.
Client documentation
Care, household and support measures as well as the medical prescription (needs notification) are documented. The documentation remains the property of SwissCare Züri GmbH, but is maintained electronically on site and protected in accordance with applicable data protection provisions. Clients are granted access to this documentation at any time.
Service provision
SwissCare Züri is responsible for the organisation and coordination of services. Both female and male specialists are deployed; however, in the case of special wishes or needs, for example for religious or cultural reasons, clients' preferences are taken into account. Clients have the right to refuse certain employees if there are valid reasons. Clients are present during the visit. Appointments are arranged with clients or, where applicable, with the guardian, whereby the actual start of the visit may vary by plus/minus 30 minutes regardless of time of day and weekday (tolerance time). In the event of larger deviations, clients are informed by phone. Household services such as weekly visual cleaning (Wochenkehr) and laundry care are primarily scheduled in the afternoon for organisational reasons. Travel within household visits and additional service benefits are billed according to time spent and kilometres.
Cancellation or postponement of visits
Appointment changes or cancellations must be communicated early, at least 24 hours before the scheduled visit. For visits on Sunday or Monday morning, the deadline is Friday midday. Visits that take place on public holidays must also be cancelled or postponed at least 24 hours in advance. Cancellations not made in time will be billed (missed visit). Exceptions are emergency admissions to hospital or deaths.
5. Case discussions and status meetings
SwissCare Züri holds regular case discussions with all specialists involved in care. These interdisciplinary discussions serve to optimise our care quality and specifically adapt our care measures. In status meetings we jointly evaluate the current care situation and develop strategies to improve our clients' quality of life.
Case discussions and associated status meetings aim to positively influence clients' living situation. SwissCare Züri bills these services as needs assessment in accordance with the requirements of the Health Insurance Act (KVG) and the Health Care Benefits Ordinance (KLV).
6. Deployment of additional staff and cooperation partners
In special cases or on medical order, two SwissCare Züri employees may be deployed at the same time. In such cases, the working time of both employees is billed. Interns who accompany our care specialists on visits are exempt from this rule; their working time is not billed.
As a rule, one SwissCare Züri employee carries out all agreed services. In exceptional cases, however, SwissCare Züri may commission a qualified specialist from another organisation with the visit. In these cases, too, SwissCare Züri remains responsible for planning and coordination, while responsibility for the specific service lies with the commissioned organisation.
7. Duty to cooperate
For successful cooperation and optimal service provision, the cooperation of both contracting parties is essential. SwissCare Züri and clients undertake to treat each other with respect and appreciation. Clients agree to the use of care materials provided by SwissCare Züri and, where necessary, adapt their living environment. To protect the health of our employees, clients provide suitable aids where required. These include, among other things, lifting and transfer lifts, appropriate cleaning equipment and materials, and protective gloves. Where needed, advice is also provided on the purchase of lifting and transfer lifts and support with obtaining them. Dangerous and intimidating pets must be housed during the visit so that they cannot come into contact with employees. This can be done by spatial separation or other suitable measures. Compliance with these duties to cooperate contributes significantly to the quality and safety of our services. In the event of repeated non-compliance, SwissCare Züri reserves the right to adapt or discontinue service provision.
8. Home keys
Where indicated, clients install a key safe. Installation of a key safe can be undertaken by SwissCare Züri. If no key safe is present but SwissCare Züri must enter the home in an emergency, the costs are borne by the clients. If no key safe is installed, clients must ensure that SwissCare Züri has access. Otherwise the agreed visits cannot be performed and are payable. SwissCare Züri uses the key safe only so that it can fulfil the order on time. SwissCare Züri uses the key safe exclusively for the purpose of timely order fulfilment. It is ensured that employees use the key safe only in the context of their visits. SwissCare Züri assumes no liability for misuse of the key safe by third parties. It is noted that the key safe is generally insured against burglary and simple theft by the clients' household contents insurance. Clients are encouraged to check the cover of their household contents insurance in this regard and adjust it if necessary. For questions about insurance of the key safe, clients should contact their insurance company directly.
9. Liability
SwissCare Züri is liable for damage caused by its employees during service provision within the framework of statutory provisions. Clients are liable for damage arising from their gross negligence or intent.
10. External agreements
SwissCare Züri employees are prohibited from entering into additional orders or agreements with clients outside their regular working visits. This rule serves to protect the professional relationship between SwissCare Züri, its employees and clients. The prohibition also extends to a period of three months after termination of the employment relationship between the employee and SwissCare Züri.
11. Handling of gifts
SwissCare Züri employees are not permitted to accept gifts or other advantages for themselves or others in the course of their professional activity. This applies to all benefits offered to them on account of their work. Exempted are small attentions of minor value, such as a coffee or tip. These may be accepted in the context of usual social interaction, provided they are not offered regularly or on a larger scale.
12. Termination of the contractual relationship
Ordinary termination
The service agreement may be terminated unilaterally by either party at any time subject to a notice period of at least seven working days. The decisive date is the date of posting. Termination may be effected in writing by post or by email.
Death
In the event of the client's death, the service agreement ends automatically without a formal termination being required.
Extraordinary termination
SwissCare Züri reserves the right to terminate the contractual relationship with immediate effect in serious cases. Reasons for such extraordinary termination may include:
- Discriminatory behaviour based on origin, gender, religion or sexual orientation
- Refusal to implement necessary and agreed care measures
- Refusal to provide necessary aids for care
- Inappropriate influence by relatives or other persons close to the client on service provision
- Outstanding payments despite two reminders
- Repeated disregard of agreements
- Any form of sexual harassment or inappropriate sexual remarks
- Verbal insults towards employees or other clients
In such cases SwissCare Züri is entitled to dissolve the service contract as well as any special service orders without observing a notice period.
12.5 Limits of service provision
The scope of care services is defined in the needs assessment. Services that go beyond this agreed framework or are not covered by health insurance are defined in the special service order.
The assumption of services is limited by the clients' health status and general framework conditions. SwissCare Züri undertakes to indicate early on when home care and support can no longer be appropriately provided for professional, social or technical reasons. In such cases SwissCare Züri supports finding a suitable alternative solution.
Should a situation arise in which clients endanger themselves or their surroundings, SwissCare Züri reserves the right to consult the responsible GP. Where necessary, the adult protection authority or the police will also be involved to ensure the safety of all parties.
14. Rates and invoicing
Principle
All services provided by SwissCare Züri, including administrative recording, any clarifications with third parties and services that third parties provide on behalf of SwissCare Züri, are billed to clients according to the current rate list. The rate list is updated annually and sent to clients by post.
Service recording
Invoicing is based on detailed service recording. Clients have the right to inspect the administrative records at any time.
Service billing
Services are billed on the basis of the following statutory and contractual provisions:
- Health Insurance Act (KVG)
- Ordinance on Health Insurance (KVV)
- Health Care Benefits Ordinance (KLV)
- Care Act and Ordinance on Care Provision
- Service agreement with the contracting municipalities
- Administrative contract with the health insurers
- Annually adjusted requirements of the Health Directorate of the Canton of Zurich
SwissCare Züri invoices insurance-covered health care services, where possible, directly to the clients' health insurance. All other services, in particular household and support services, are billed to the clients.
For information purposes, clients receive a detailed breakdown of costs by cost bearer. Invoicing generally takes place by the 15th of the following month. The payment period is 30 days. Any objections must be addressed to SwissCare Züri within 30 days of receipt of the invoice.
It should be noted that health insurance only reimburses services if the insured persons have duly paid their premiums and cost contributions, as laid down in the Health Insurance Act (Art. 64a para. 7 KVG). Care services that go beyond the scope of mandatory health insurance and are provided at the express request of clients are regarded as additional service benefits. The costs of these services are to be borne fully by the clients themselves.
15. Data protection and confidentiality
The processing of client information by SwissCare Züri is subject to the provisions of Swiss data protection law as well as the safeguarding of business and client confidentiality. SwissCare Züri uses this data to provide its services as well as for internal and legally prescribed purposes. This includes, among other things, advertising measures, market analyses, statistical surveys, planning, development of new offers and business decisions affecting SwissCare Züri or its clients, as well as fulfilment of official requirements and statutory information obligations.
Disclosure of client data to third parties takes place only under certain conditions: on the basis of statutory necessity or justification grounds, official instructions, to fulfil contractual obligations, when outsourcing services, with the client's express consent, or when it is essential to safeguard legitimate interests of SwissCare Züri. The latter may be the case, for example, if a client threatens or initiates legal action against SwissCare Züri, in the event of public statements by the client, to secure claims against the client, when collecting outstanding receivables, or to resume contact after a break via the competent authorities.
By using a service or purchasing a product, the client agrees to the associated data processing. This also includes use of the data for marketing purposes, unless the client expressly objects. Where data processing also concerns third parties (such as life partners or advisers), it is the client's responsibility to obtain their consent.
When outsourcing services, SwissCare Züri obliges its partners to confidentiality and to compliance with appropriate data protection standards, in particular if they have access to data that allows conclusions about the client's identity.
Detailed information on data processing, the services and products offered is publicly available in the privacy policy on the website and can also be requested from SwissCare Züri. By agreeing to these provisions, the client consents to the described processing of their data.
16. Complaints management and conflict resolution
All employees are instructed to receive complaints or concerns from clients and forward them to the responsible internal body.
In the event of conflicts or disputes, our clients and employees are first encouraged to discuss the matter directly and politely with the person concerned. Misunderstandings or minor problems can often be clarified quickly and easily in this way. Should this not lead to a satisfactory solution, both parties approach the responsible supervisor of the employee. Should no satisfactory solution be found at this level, the management of SwissCare Züri is involved in the process. Management and the nursing service management are directly responsible for handling complaints, regardless of whether they are submitted by employees, clients, relatives or external parties. They act as mediators in conflicts and endeavour to find mutually agreeable solutions. In the event of ongoing conflicts between employees and clients, including family caregivers and case managers, a clarifying discussion involving management is first sought. Should no agreement be reached, a change of the staff responsible for the client may be considered.
SwissCare Züri reserves the right, as a last resort, to terminate the service contract including special service order or employment contract, in particular in the event of breaches of fundamental rules of conduct or repeated disregard of agreements.
17. Changes to the General Terms and Conditions
SwissCare Züri reserves the right to change the General Terms and Conditions unilaterally at any time. Clients will be informed of such changes in an appropriate manner. After announcement of the changes, clients have a period of 30 days to object in writing or in another verifiable form. If no objection is made within this period, the changes are deemed accepted.
In the event of an objection, clients are free to terminate the business relationship with immediate effect. Special termination or withdrawal periods under specific conditions or agreements remain reserved. When notifying changes, SwissCare Züri will expressly draw clients' attention to their right of termination and to the automatic approval effect if no objection is made.
18. Legal basis and place of jurisdiction
All legal relationships between clients and SwissCare Züri are subject to the substantive law of Switzerland. In the event of legal disputes arising from the contractual relationship between SwissCare Züri GmbH and clients, the competent ordinary court at the registered office of SwissCare Züri is responsible.
Questions about the GTC?
If you have questions about these terms and conditions, you can contact us at any time:
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