GLOBEWALKER G E N E R A L T E R M S A N D C O N D I T I O N S

Transcription

1 GLOBEWALKER G E N E R A L T E R M S A N D C O N D I T I O N S Date of publishing:

2 Content TOC Globe Health Centre, as healthcare provider '96 Kft (seat: 6724 Szeged, Kenyérgyári út 4, Hungary, company registration number: , tax number: ,) (hereinafter as: Service Provider) and the Client as recipient of the healthcare service (hereinafter as: Client), the provisions of these General Terms and Conditions (hereinafter as GTC) shall apply. I. GENERAL PROVISIONS 1. Service Provider shall provide to Client the dental, aesthetic and other services improving the well-being, individually selected and agreed in the unique contract between the parties (hereinafter as services). Service Provider states that they personally fully adhere with the relevant legislative terms and conditions and has the authoritative licenses required for the provisions of the services. 2. Service Provider provides the services to Client in accordance with the governing legal and professional requirements and regulations. 3. The place of the provision of services shall be: the health complex with the administrative mark Globe Centre Egészségház under the address of 6724 Szeged, Kenyérgyári út 4, Hungary. 4. Service Provider reserves the right to unilaterally modify the place of the service provision, the place of performance in the case of the involvement or cooperation of external services providers as performance assistants potentially required especially for the performance of special interventions. 5. Service Provider shall provide their healthcare services to Client through their medical staff and health care providers involved personally. In order to fulfil the provision of services, Service Provider shall be entitled to use subcontractors and subtrustees in the course of their procedures. 6. Service Provider is entitled to determine the order of the service provision and the order of the care provided for the Clients unilaterally, along with considering their own personal and tangible capacities. 7. Service Provider shall always receive their Clients at the date and time preliminarily agreed by the parties in order to provide the services. II. SERVICE, RIGHTS AND OBLIGATIONS OF THE PARTIES 8. Service Provider shall inform the Client preliminarily and in detail about the process of the treatment and interventions, their risks and the possible complications of the interventions. The fact of the preliminary information and the acknowledgement of its contents must be verified by the Client in a separate, written statement to Service Provider. In the absence of the written statement verifying the fact that they have 2

3 been informed, Service Provider shall be entitled to refuse the service provision without any other terms and reasoning. 9. Client must be present at the treatment and check-up sessions prescribed by the Service Provider in order to perform the healthcare services at the time preliminarily agreed. Service Provider shall be entitled to send a reminder to the phone number provided by the Client about the date of the treatment or examination preliminarily agreed before the treatment or examination, or attempt to establish contact with the Client in any other way. 10. Client must immediately, 24 hours before the latest, inform the Service Provider should they not be able to be present at the treatment at the date preliminarily agreed. Service Provider takes upon the obligations to inform the Client immediately but no later than 24 hours in advance before the planned appointment in the case they cannot ensure a treatment to Client for reasons beyond the scope of operation, as well as assigning a new appointment for the treatment primarily by sending a message to the phone number provided by the Client. 11. In the course of using the Services, Client must present themselves at the place of the service provision in a physical and mental state suitable for the intervention; furthermore, they must fully comply with the rules governing the Service Provider's establishment, as well as regarding the stay in the establishment. In the case of the Client's condition not suitable for the intervention or their behaviour directed towards violating the rules, Service Provider shall be entitled to refuse the service provision without further conditions and reasoning. 12. Client shall agree that Service Provider's healthcare staff perform at full scale the preliminary services and examinations required for the performance of the services, and they shall undertake the obligation to cooperate with the healthcare staff efficiently and in the expected way. 13. Furthermore, Client agrees that the findings of the examinations should potentially be sent to Service Provider electronically and the findings be managed and processed by the Service Provider electronically. Service Provider shall forward the findings of the Client to Client in the way and form according to their written provision. The sending of the findings can occur in the forms as below: electronic forwarding to the address preliminarily provided by the Client; personal receipt at the Service Provider's establishment; sending by mail to the address preliminarily provided by the Client. Service Provider shall in no way be responsible in the case of forwarding to an address possibly incorrectly provided by the Client. 14. Client is charged with full scale obligation to provide information when ordering the service, in the framework if which Client must provide to the staff of Service Provider all information and data (especially former diseases, medical treatments, case-by-case or regular taking of medications or therapeutic products, risk factors damaging health (allergy)) that are necessary in order to prepare the appropriate treatment plan and perform the intervention in an effective and safe way. 3

4 15. Client accepts that, in order to start the performance of the services, Service Provider is entitled to issue the statements accepted for the performance of the interventions, as well as those potentially required by the legislative provisions and the completion of the questionnaires. 16. Service Provider is without further criteria entitled to refuse the provisions of the service, as well as its further performance provided that: on the basis of the facts and circumstances recognized in the course of the preliminary examinations or treatments, the Client is inapt due to medical reasons; the intervention required by the Client is against the law or professional rules or regulations; on the basis of the preliminary consultations or treatments, the Client shows inapt to due to their psychological condition. 17. Service Provider shall proceed in the course of their activity and service provision with regard to the Client's interests as the circumstances allow, as well as due caution, diligence and compliance with the ethical standards. 18. Client is unconditionally obliged to be present at the control examination sessions prescribed by the Service Provider's healthcare staff following the performance of the healthcare intervention. Client accepts that the control examination is directed towards the supervision of the intervention performed in the scope of the service, the health check of the Client, the examination of the possible complaints and complications and the determination of the potentially required after-care, as well as the required consultation provided by the Service Provider. Failing to be present at the control examination leads to loss of right of the Client regarding the warranty claims. III. SERVICE FEES, PAYMENT TERMS 19. The fee items of Service Provider's each service, the price level of the services are stated in annex 1 of this GTC also published at the Service Provider's website with informative purposes with the condition that the tax content of the prices of the services are governed by the legislative provisions currently in effect (in particular, sections b-c) of paragraph (1) of 85 of act CXXVII of 2007 on the general income tax). 20. If the parties do not agree otherwise (lack of individual contract), the price level of the Service Provider's services shall be governed by the provisions of annex 1 (rate) with the condition that the prices published at the Service Provider's website are of sheer informative purpose, the publication of the rates do not deem as public proposals by the Service Provider. The price of the healthcare service are determined individually with regard to the type of the selected service, the Client's individual characteristics and the complexity and implementability of the intervention at a personal consultation with the Client. Service provider maintains the right to unilaterally modify the rates in case the ordered healthcare service (treatment, intervention) can only be performed for the Client against a higher fee due to causes and circumstances outside the scope of and unforeseeable to the Service Provider. In case the Service Provider modifies without any reason, Client shall be entitled to waive from the contract directed towards the 4

5 healthcare service by way of a written statement addressed to Service Provider without any reasoning or legal consequences. Service Provider's any responsibilities regarding any possible calculation mistakes and typos in annex 1 (rates) shall be excluded. 21. Client must pay the price of the ordered healthcare service directly after the performance of the healthcare service (treatment, intervention) to the Service Provider provided that it does not exceed 100,000.- HUF, i.e. one-hundred thousand Hungarian Forints with the following conditions. 22. The payment of the rate for the healthcare service ordered, selected by the Client and agreed in the individual contract by the parties (should there be no contradictory provision in the individual contract concluded between the parties) may occur by cash payment into the cashier against the Service Provider's invoice or by a bank transfer to the Service Provider's bank account by the Client. 23. In individual cases, Service Provider is entitled to bind the performance of the healthcare treatment, intervention to the payment of the price of the service, as well as the verification of the payment, in the absence of which Service Provider shall be entitled to refuse the performance of the healthcare service without any further criteria. IV. LIABILITY ISSUES 24. Service Provider shall exclusively bear liability for damages according to their liability insurance applicable to their activity which damages are directly related to the intentional or grossly negligent conduct of the healthcare staff. 25. The well-known risks and complications of the healthcare services (interventions, treatments) also detailed in the patient leaflets and arising as usual do not deem as unlawful damages by the Service Provider. By ordering the healthcare service, Client expressly agrees and accepts the referred consequences. 26. The effect and result desired to be reached by the healthcare service can be greatly influences by causes independent from and unforeseeable by Service Provider (individual attributes, life circumstances) and the organisation s biological reacting and regenerating ability, with regard to which Service Provider s any liability is excluded regarding the result expected from the healthcare service, at the same time, different from the average due to the referred circumstances, as well as different final medical content. 27. Client expressly accepts that the Service Provider s healthcare staff may exclusively bear professional responsibility regarding the healthcare service, and the healthcare staff shall ensure Service Provider s healthcare services to Client with responsibility, with the greatest due care possible, required by act CLIV of 1997 on healthcare. 28. Service Provider shall not be obliged to compensate for any potential damages of the Client caused by Client s wrongful acts (in particular, due to the violation of the provisions of the patient leaflet, the healthcare staff s instructions, suggestions, professional advice, failure to assist to the control treatments, examinations. 5

6 29. Service Provider s healthcare staff shall proceed with the utmost care and diligence to be expected, according to the legislative and professional regulations regarding the selection of the healthcare, pharmaceutical raw materials, supplies, tools (healthcare raw materials) used in the course of the treatments, interventions. At the same time, Service Provider shall not undertake any responsibility for the damages arising due to the used healthcare raw materials hidden production errors, attributes and unforeseeable to the Service Provider. 30. Service Provider shall exclude their responsibility for any damages caused in Client s any assets placed inside the healthcare establishment. 31. Parties mutually agree that Client expressly accepts that the claims stemming from the contract directed towards the performance of the healthcare service (except for the warranty claims) shall expire after two years. V. TERMINATION OF THE CONTRACT 32. The directed towards the performance of the healthcare service shall terminate upon the contractual performance of the Service Provider and can be terminated before the performance by mutual agreement of the parties. Service Provider may bind the termination of the contract by mutual agreement to the payment of liquidated damages in the value of 20% of the value of the service. 33. Service Provider may claim failure penalty in the amount of 20% of the service fee in case, after ordering the service, the performance of the ordered healthcare service (treatment, intervention) fails due to causes attributable to Client. 34. By a unilateral, written statement addressed to Client, Service Provider shall be entitled to waive from the contract directed towards the performance of the healthcare service, provided that Client is not be present at the treatment, intervention preliminarily agreed and accepted without a notification sent no later than at least 24 hours before. Service Provider s waiver shall be regarded by the parties as a circumstance according to which the contract directed towards the performance of the healthcare service fails due to a reason attributable to Client. In the case of Service Provider s referred waiver, they may claim a penalty fee in the mount of 20% of the service fee. 35. By a unilateral, written statement addressed to Client, Service Provider shall be entitled to waive from the contract directed towards the performance of the healthcare service, provided that due to unforeseeable reasons, due to their tangible and personal conditions, capacities, they shall not be able to perform the ordered healthcare service within a foreseeable period of time. 36. Along with the payment of a failure penalty in the amount of 20% of the service fee, Client shall be entitled to waive from the contract directed towards the performance of the already ordered healthcare service by way of unilateral, written statement addressed to the Service Provider. 37. Apart from the penalty fee claim specified in this GTC, Service Provider shall also be entitled to validate their damage exceeding the penalty fee against the Client. 6

7 38. In the case of the termination of contract directed towards the performance of the healthcare service, the Service Provider shall be entitled to validate their claims stemming from the contract with no further conditions by way of potential offsetting, retention against the Client. Within 8 days following the receipt of the termination of the contract and Client s written provision (recorded in a private deed of full probative force), Service Provider must reimburse to Client the fee ratio entitled to them by bank transfer to the bank account number specified by the Client or cash payment. VI. SERVICE PROVIDER S WARRANTY, GUARANTEE PROGRAMME 39. Along with the conditions specified in the warranty card issues in the course of the use of the service, Service Provider shall undertake contractual warranty for the healthcare services, as well as healthcare raw materials possibly used by the treatments, interventions. 40. Client shall be entitled to validate their warranty claim exclusively upon fully complying with the provisions of the patient leaflet, as well as section 18 upon the condition that in the scope of warranty regarding each intervention, treatment, Client shall be entitled to exclusively claim the repeated performance of the service provision free of charge and the replacement of the healthcare raw materials used in the course of the interventions from Service Provider. VII. PRIVACY, DATA PROTECTION 41. By ordering the healthcare service, Client provides their contribution to the handling of their personal and special data by the Service Provider in accordance with section a) of paragraph (1) of 5, as well as section a) of paragraph (2) of 5 and section a) of paragraph (1) of 6 of act CXII of 2011 on informational selfdetermination and freedom of information. 42. Service Provider shall undertake unconditional obligation to the confidential treatment and preservation of the data and facts related to the Client, their health condition, in the course of the performance of the healthcare services. 43. In the course of their proceeding, during the data management based on Client s authorization, Service Provider shall fully comply with the provisions of act XLVII of 1997 on healthcare and the treatment and protection of the personal data related to it, as well as those of act CXII of 2011 on informational self-determination and freedom of information. 44. The data management regulation of Service Provider shall comprise annex II of this GTC. VIII. CLOSING PROVISIONS 45. Service Provider shall maintain the right to unilaterally modify the provisions of this GTC. IN the case of the unilateral modification of GTC involving the already ordered healthcare service, Client shall be entitled to waive from the contract directed towards the healthcare service with no reasoning or legal consequences by way of a written statement addressed to Service Provider. 7

8 46. messages received from preliminarily fixed addresses of identifiable entities, as well as messages sent via mobile phones (SMS text messages) by the parties qualify as legally effective written statements in the framework of the legal relationship aiming at the performance of the ordered service. Electronic mails ( s), as well as messages sent via mobile phones are deemed as delivered provided that they are received at the addressee s storage space or mobile device. 47. This GTC shall turn into effect simultaneously with its publication and shall remain effective in the legal relationship between the parties until its modification, as well as its withdrawal. 48. This GTC shall be published at the premises of Service Provider open to customer service; furthermore, at the website of Service Provider with the condition that Service Provider shall in all cases ensure and guarantee to Client the awareness and viewability regarding this GTC. 49. The possible invalidity of individual provisions of this GTC and the individual contract to be concluded with Client shall not result in the invalidity of this GTC or the individual contract. 50. Annex I. (rates) and II. (Data management regulation) form inseparable parts of this GTC. 51. Regarding the legal disputes arising from this GTC, as well as the contract directed towards the healthcare service, depending on the amount at issue, parties shall submit themselves to the exclusive jurisdiction of the District Court of Szeged, as well as the Tribunal of Szeged. By ordering the healthcare service, Clients of foreign nationalities submit themselves to the jurisdiction of Hungary s ordinary courts with the condition that the provisions of the Hungarian material and procedural legislation shall govern any legal disputes between the parties. 52. Regarding any issues not regulated by this GTC, the provisions of act V. of 2013 on the Civil Code, as well as those of the sectoral legislation shall govern. Szeged, Globe Health Centre Alp-Favill '96 Kft 8