General Terms and Conditions (GTC)
dental outpatient services, dental services
THE SUPPLIER:
Profident Dental Centre Ltd. (1075 Budapest, Károly krt. 1. galériaszint I3. door, Cg: 01-09-265892; Tax number: 10863310-1-42) The Service Provider declares that it has the necessary professional, official, operating licenses and conditions for the provision of services, and that it has a medical liability insurance contract for the provision of its services, which also covers the persons acting on its behalf.
THE CONTRIBUTOR:
The Customer named in the individual service contract (hereinafter referred to as the "ISC") or, in the absence of a written ISC, the person who actually uses the service.
1) The parties shall determine the ordering and content of the dental outpatient service(s) and the necessary materials chosen by the Customer in accordance with the terms and conditions of these General Terms and Conditions (hereinafter referred to as "GTC") and the contents of the GTC. By using the service (implied conduct), the Contract shall be concluded with the contents of these GTC, even if the signature of the GTC does not take place for any reason. The GTC and the GTC are hereinafter referred to collectively as the Contract, which may be supplemented by other documents (e.g. the so-called ANAMNESIS sheet, patient information sheet, etc.) prior to or during the provision of the services.
2) Service provider(s), dental specialist(s), specialist assistant(s), collaborator(s), other health care provider(s), freelance doctor(s), volunteer helper(s) with appropriate expertise and qualification, in compliance with the legal and professional regulations governing their activities, other collaborator(s), subcontractor(s) and intermediary service(s) of the Contractor, shall perform the service(s) undertaken, provide the necessary dental and other materials at times and with a frequency agreed between the dentist providing the treatment and the Client.
3) By signing the PPA, the contracting parties expressly agree that for the performance of the service(s) ordered, in particular for dental care, dental technology, other special medical interventions, medical treatments, accommodation or other services requested by the Customer, the Customer may also use subcontractors, for whose activities the Customer shall be liable as if it had performed the activities entrusted to the subcontractors itself. The Supplier shall also sell these intermediated services to the Client in unchanged form, but not necessarily at unchanged price.
THE VALUE OF THE SERVICE:
4) The Service Provider's fees for services and the cost of materials are included in the ESO. In the absence thereof, the current price list of the Service Provider, which is available in printed form on the Service Provider's website and in the offices, shall prevail.
5) Unless otherwise provided, the Service Provider's offer (and in particular the fees and material costs) shall be valid for 30 days after its communication to the Customer.
If the Contract is concluded between the Parties, the Service Provider shall be entitled to apply the price list and conditions in force at the time of the provision of the services, unless otherwise provided for, in respect of the services to be provided after 3 months from the conclusion of the Contract.
6) The service fee(s) and conditions (e.g.: duration of treatment, etc.) set out in the Contract may be modified until the end of the service depending on the individual circumstances (e.g. incomplete or delayed data provided by the Client, the individual physical condition of the patient, the healing process, clinical tests or other professional reasons arising during the treatment, e.g. unforeseen interventions, therapeutic activities, etc.). In the event of such a change, the Service Provider shall inform the Client without delay, if possible.
PAYMENT TERMS:
7) The Customer shall pay the fees for services, materials used, costs of services rendered, unless otherwise provided for by the ESO, in accordance with the provisions of these GTC:
a) the Customer shall pay the Service Provider the fee for the Services in full at the same time as the provision of the Services.
b) in the case of dental work, the Client shall pay fifty (50) percent of the total fee in advance upon commencement of the work ordered. The remaining 50% shall be due immediately upon delivery of the finished work (dental work). Fees for treatments (implant procedures, bone grafting, sinus lifts, etc.) associated with the surgery must be paid in advance of the treatment.
8) The parties agree that in case of late payment, interest on arrears shall be payable for the period of the delay, at the rate of the interest on arrears specified in the Hungarian legislation(s) in force (currently Act V of 2013).
9) Payment may be made by any means accepted by the Service Provider (cash, debit card, online debit card, health insurance card of a contractual partner, etc.), of which the Service Provider shall inform the Customer of the accepted methods of payment in case of such a request.
DATA PROTECTION, INFORMATION:
10) The Customer agrees that the Service Provider may treat and disclose the health data and personal identification data provided by the Customer and recorded about the Customer during the treatment in accordance with the applicable legislation, and other data as business secrets. The Customer also consents to the use of his/her exclusively medical data and experiences for scientific and research purposes.
11) The Customer acknowledges that the data and information provided on the data sheet entitled GENERAL ANAMNALYSIS about his/her health condition are necessary for the selection of the content of dental treatments and medical treatments, and declares that the data provided are complete and that he/she is obliged to inform the Service Provider of any changes during the treatment.
12) The Customer acknowledges and does not object to the fact that for security reasons and for the purpose of the performance of services and obligations in connection with the Contract, the exercise of rights, the enforcement of claims, the identification of the Customer, audio and video recordings may be made in the offices of the Service Provider, the content of which may be shown by the Service Provider, if necessary, for the above purposes, exclusively to its employees, agents, collaborators, as well as to public authority(ies), notary(ies), court(ies).
13) The Service Provider shall post a patient rights information leaflet in the Premises(s).
14) The Service Provider's liability for breach of contract, other than for intentional breach of contract or breach of contract causing harm to human life, limb or health, is limited as follows:
Not covered:
a) reimbursement for services received at another dental clinic,
b) reimbursement of travel and accommodation expenses
c) with the exception of damages arising from the subject of the service, other damages not foreseeable by the Service Provider at the time of the conclusion of the Contract, loss of property benefit.
OTHER PROVISIONS
15) The Service Provider has no obligation to enter into or maintain a contract. The Service Provider shall be entitled to suspend with immediate effect the treatments under the Contract or, at its discretion, to terminate the Contract with immediate effect if
a) the Customer fails to fulfil its payment obligations or is late in doing so;
(b) in its opinion, the Customer does not cooperate properly in the effective performance of the service(s), including in particular if:
i) does not follow the doctor's instructions;
(ii) disturb other patients or staff members with their behaviour;
iii) his or her health or mental condition, or any change in it, makes it difficult or, in the opinion of the Service Provider, may prevent the proper performance of the service;
(iv) regularly or repeatedly fails to keep agreed appointments without informing the Service Provider in advance within the time period specified in the Contract.
16) The Service Provider shall provide a warranty in the mandatory cases and for the mandatory period provided for by law. The place of repair/replacement for the purposes of the warranty and guarantee is the Service Provider's premises. The warranty does not cover the costs of using another dentist or of travel.
17) The Service Provider's warranty obligation does not extend to, or the Service Provider is exempted from its warranty obligation in the following cases:
- temporary solutions used during the treatment process (temporary fillings, crowns, adhesives, etc.)
- subsequent root canal treatment of crowned teeth
- defects and damage caused by improper use or by accident or extreme force
- defects and damage which can be established to have resulted from the Customer's failure to comply with the Service Provider's instructions
- deterioration of the Customer's health and consequent failure of the installed material caused by the Customer's lifestyle, bad habits (e.g. teeth grinding) or illness.
- in the event of loss of a dental prosthesis or replacement
- complaints resulting from natural reactions in the patient's body (e.g. allergies), diseases in the patient's body
- the Customer fails to attend the required inspection and/or at least one inspection per year
- the Client's complaint is a professionally accepted complication as a possible consequence of the treatment (e.g.: the need for root canal treatment after a filling or other treatment involving the tooth)
- gum recession or bone loss, unless it is proven to have been caused solely by the Supplier's defective performance;
- the Client has not received the recommended treatment, the complaint is the result of an incomplete treatment series, or the Client does not follow the dentist's instructions (for example, does not wear a full-coverage denture at night; or does not use a mouthguard despite being advised to do so)
- complaints arising from the Customer's poor oral hygiene, smoking, alcohol or drug abuse, mental disorder
- In the event of a significant change in the weight of the Customer
- Metabolic diseases (in particular bone metabolism), other serious general diseases (e.g. tumours, diabetes, epilepsy, osteoporosis, etc.) and the effects of treatments (drugs, chemotherapy, radiotherapy, etc.)
- Improper care and maintenance of dental work
- injuries resulting from an accident or from fighting or extreme sports
- for replacement of wearing parts e.g.: fixing elements for station wagon replacements
- underlining of the dentition, bruxism, progressive periodontitis
- tube injuries during anaesthesia
- the Client receives dental treatment or dental work from another service provider during or after the treatment (except for partner doctors and contracted clinics specified by the Service Provider)
- if you do not report your complaint without delay, or if you report the quality complaint within the time limit, but do not allow the complaint to be investigated or remedied, do not attend a check-up or treatment, or do not provide the Service Provider with the dental work
18) The Customer may cancel/change a pre-booked appointment free of charge by telephone or e-mail no later than 24 hours before the appointment. If the Client cancels the appointment only within 24 hours of the treatment appointment or does not appear at the appointment time without prior written cancellation, or if the Client appears but arrives more than 15 minutes late, the Client shall pay an availability fee of HUF 5 000/15 minutes.
19) Hungarian law, in particular the Civil Code, and the provisions of other legislation on health care and health services shall prevail in matters not regulated by the Contract.
20) The Parties provide for the application of the rules of Hungarian law for the interpretation of the Contract, and for the exclusive jurisdiction of Hungarian state ordinary courts in the event of any dispute arising out of the Contract, with the competent court being the Central District Court of Buda or the Székesfehérvár Court of Justice, depending on the amount of the dispute.
Effective: from 07.12.2020
Profident Dental Centre Ltd.
on behalf of:
Anita Kinga Horváth Managing Director