General terms and conditions for laboratory services
These general terms and conditions for laboratory services govern the contractual relationship between Laboratoires Réunis Luxembourg S.A., established and having its registered office at 38, rue Hiel, Z.A.C. Laangwiss, L-6131 Junglinster, registered with the Luxembourg Trade and Companies Register under number B 200637 (hereinafter the "Laboratory") and the patient benefiting from the laboratory services, respectively the guardian or the legal representative of the minor child (hereinafter the "Patient").
1. Definitions
"Biological analysis" means diagnostic testing, including the following steps: sample collection, laboratory testing and interpretation of laboratory tests, all resulting in the biological profile.
"Genetic analysis" means the laboratory search for alterations in a Patient's genes or changes in the level or structure of key proteins encoded by specific genes. Genetic analysis can also be used to diagnose a disease in a symptomatic Patient and can help measure the risk of developing a disease.
"Caisse de maladie" means one of the public bodies responsible for health insurance in Luxembourg or abroad.
"Medical File" means the Patient's laboratory medical file containing all the results of the Patient's biological and/or genetic Analyses carried out by the Laboratory as well as the personal data enabling the Patient to be identified.
"Biological Sample" means any element or product of the human body taken and belonging to the Patient, likely to be the subject of a Biological and/or Genetic Analysis by the Laboratory.
"Consent Form for the performance of Genetic Analyses" means the form by which the Patient expressly consents to the performance of specified Genetic Analyses for himself, for his child or for the person over whom he has legal authority.
"Law on Laboratories" means the amended law of 16 July 1984 relating to medical analysis laboratories.
"PATlogin" means the provision to the Patient of personal and secure online access to the PATlogin service containing a database of the Patient's personal data and enabling the following operations:
- consulting and downloading Medical Analysis results and the Patient's Medical File,
- receive certain medical test results by SMS,
- consulting and downloading the Patient's invoices.
2. Object
The purpose of these general terms and conditions is to regulate the relationship between the Laboratory and the Patient relating to the performance of medical biology analyses by the Laboratory.
Any request for biological and/or genetic analysis must be based on a prescription issued by the prescribing physician.
The collection of a biological Sample is carried out by the Laboratory itself or by a medical entity or physician who will transmit the biological Sample to the Laboratory.
The Laboratory performs the biological Analysis whose technical process enables a biological analysis result to be obtained.
The validation of the result of the biological Analysis and its communication to the prescribing physician or to the Patient are carried out by the Laboratory. The Patient receives a copy of the analyses if he/she has requested one from the prescribing physician or if he/she has subscribed to the Patlogin service allowing access to his/her analyses.
The prescribing Physician is responsible for the contextual interpretation of the result of the Biological Analysis.
3. Acceptance of requests for biological tests by the Laboratory
The Patient may go to one of the Laboratory's blood sampling centres to have a Biological Analysis carried out. For certain analyses, the Patient may ask the doctor to take the biological Sample.
The Request for Biological Analysis sent to the Laboratory must contain the following elements:
- The prescribing doctor's prescription,
- The biological Sample to be analysed if the sample is not taken by the Laboratory,
- These General Conditions duly signed.
- Possibly the request for access to the Patlogin service. (*)
- Specific health questionnaires depending on the type of analysis.
- Any specific analysis request forms required.
Information on specific analyses is available on the Laboratory's website at the following address: "https://www.labo.lu" under the heading. "The forms and questionnaires can be found under the heading "Downloads".
The Laboratory is free to refuse to perform a Biological Test if the information and documents referred to above are not provided or if it considers that the Biological Sample sent by a physician does not comply with the applicable standards. Refusal by the Laboratory shall not give rise to any right to compensation or reimbursement. In this case, the Patient may request a new Biological Analysis without the Laboratory having to charge any additional costs.
A period of two weeks may be granted to complete a request. After this period, the file will be closed and a new request will be necessary to carry out the Biological Analyses.
4. Special case of genetic analysis
Note: all genetic analyses are carried out by our partner laboratory LR-MDL
Requests for genetic analysis must be accompanied by :
- The prescribing doctor's prescription.
- The biological sample to be analysed, if the sample is not taken by the Laboratory.
- The required analysis request forms.
- Specific health questionnaires.
- The consent form for the performance of Genetic Analyses duly signed by the Patient.
- These general conditions duly signed.
- Possibly the request for access to the Patlogin service. (*)
The prescribing doctor provides the Patient with appropriate genetic counselling in the form of information prior to the Genetic Analysis and interprets the results of the Genetic Analysis in context. He ensures that the conditions for taking the Biological Sample from the Patient are observed and that the Biological Sample is sent to the Laboratory.
The Patient is responsible for the accuracy of the personal health data provided to the Laboratory for the purposes of performing the Genetic Analyses.
The Patient is informed that the Genetic Analyses do not allow the conclusion with certainty of a disease or a predisposition to a disease because the analyses performed cannot examine all the risk factors relating to a specific predisposition or the potential course of the disease. Complex variables such as the level of risk of developing a reaction to a drug or of suffering from multifactorial diseases in which genetic factors are not totally decisive need to be taken into account.
5. Responsibilities of the Laboratory
The Laboratory has an obligation of means relating to the performance of Biological and Genetic Analyses.
The Laboratory ensures the security of its computer system and the confidentiality of Patient data.
The Laboratory may only be held liable in the event of a duly proven serious fault. In all cases, compensation shall only apply to foreseeable, direct, personal and certain damage suffered by the Patient, to the express exclusion of all indirect and immaterial damage or prejudice.
The Laboratory is released from its liability to the Patient when the prescribing physician to whom the Patient's data and/or test results are sent transmits said data or results to a third party.
The Patient may not claim damages when the non-performance of its obligations by the Laboratory or the delay in performance is due to force majeure, an act of God or an external cause.
The Patient expressly guarantees the Laboratory against any claim or recourse by a third party, on any grounds whatsoever, related to the requests for Biological Analyses or the data communicated to the Laboratory.
In accordance with Article 3bis. (2) of the law on laboratories, the person in charge of the Laboratory to which the Patient has turned retains responsibility for all phases of the Biological Analysis, including when one of them is performed, in whole or in part, by another medical biology laboratory.
6. Privacy policy and processing of personal data
The Laboratory ensures the security of its computer system and the confidentiality of the Patient's medical data.
The Laboratory is free to transfer to another laboratory the biological Analyses that it is unable to perform itself, in compliance with the regulations in force.
The Patient's biological Samples are kept by the Laboratory for a minimum period of one to three years depending on the type of Sample, in accordance with the regulations in force.
The Laboratory undertakes to keep the Patient's medical data strictly confidential.
In accordance with the regulations in force on data processing, the Patient may ask the Laboratory by simple letter to access, rectify and delete the data concerning him.
The Patient's personal data (contact details, Medical Analysis results, invoices) are processed and stored by the Laboratory under conditions that ensure a high degree of confidentiality. The Patient is nevertheless informed that there is always a degree of risk in any computerised or non-computerised data processing.
The Laboratory has a system for effective data protection.
The Patient's personal data enabling his/her identification and medical data are processed and stored by the Laboratory under conditions ensuring a high degree of confidentiality.
The Patient may request by simple letter to rectify or delete data concerning him/her whose retention is not required by any law.
7. Patient Consent
The Patient consents to the collection and processing of his/her medical and/or genetic data in accordance with data processing legislation.
The Patient consents to the use of the residues of his biological Samples by the Laboratory to check the validity of reagents and test methods, in accordance with the regulations in force concerning in vitro diagnostics.
The Patient consents to the Laboratory transmitting the medical data collected to the prescribing physician, respectively allowing him/her access to this data via the laboratory's IT portal designated by Medlogin. The Patient is nonetheless informed that there is always an element of risk in any electronic data processing.
The laboratory is not responsible for the use of this data by the prescribing doctor or for the communication of this data by the doctor to other doctors or third parties.
The Patient consents to the use of his/her data and residues of Biological Samples in duly authorised research projects and in accordance with the regulations in force.
8. Payment for Biological Analyses by the Patient
Requests for Biological Analyses covered by the General Terms and Conditions are not covered by the principle of third-party payment by the Sickness Funds.
Biological Analyses are to be paid by the Patient to the Laboratory on receipt of the invoice from the Laboratory in accordance with the terms set out below.
9. Terms of payment to the Laboratory
The Laboratory's invoices are drawn up in Euros and payments are made in Euros.
The Patient undertakes to pay the Laboratory within fifteen days, unless expressly provided otherwise.
The Patient is free to pay the invoices of the Laboratory according to the method of payment of his choice, either by transfer to the banking institute BIL Luxembourg to the following account LU47 0024 1773 8544 9800 / BIC: BILLLULL or by Visa or Mastercard.
The Laboratory provides Patients with free access to the Internet Payment System via its secure site "https://www.labo.lu" for the payment of invoices.
The results of the Biological Analyses will be made available to the Patient and the prescribing doctor, as the case may be, within two days of receipt of payment.
The conditions of use and the application to use the Patlogin service are attached and must be approved separately.
10. Applicable law and jurisdiction
The general terms and conditions are subject to Luxembourg law and in particular to the law on data processing.
Any dispute relating to the validity, interpretation or performance of the general terms and conditions shall be settled amicably between the parties.
Failing amicable settlement, the courts of the Grand Duchy of Luxembourg shall have sole jurisdiction for any dispute between the Patient and the Laboratory.