General Terms and Conditions
SmileyMed Health and Services Limited Liability Company
General Terms and Conditions for the provision of health care services
I. Interpretative provisions
1. Health service: the totality of health care activities which may be carried out on the basis of an operating licence issued by a public health administration body or, in cases specified by law, on the basis of registration by a public health administration body, with the aim of preserving the health of the individual, preventing, early detection, diagnosis, treatment and treatment of illnesses, and averting danger to life, the examination and treatment, care, nursing, medical rehabilitation, reduction of pain and suffering, and the processing of patient's medical records for the purpose of improving the condition resulting from the disease or preventing further deterioration of the condition, including activities related to medicines, medical aids, medical care, as defined by specific legislation
2. medical treatment: any activity aimed at preserving health and at the direct examination, treatment, care, medical rehabilitation or processing of the examination material of a person concerned for the purpose of preventing, detecting, diagnosing, treating, maintaining or correcting a disease, including the supply of medicines, medical aids, medical care, rescue and transport of patients and obstetric care
3. Contract of Agency: an individual contract concluded between SmileyMed and the Customer, on the basis of which SmileyMed, as the Agent, is obliged to pay a fee to the Customer as the Principal for the performance of the task entrusted to it by the Customer as the Principal.
4. Right of self-determination: in the exercise of the right of self-determination, the Patient is free to decide whether to receive healthcare, to consent to or refuse to undergo any intervention, subject to the restrictions provided for in Article 20 of Act CLIV of 1997
5. Client: a natural person who wishes to receive health care services within the framework of a contract of appointment with SmileyMed
6. Health Care Provider: any individual health care entrepreneur, legal entity or unincorporated organization, regardless of the form of ownership and the maintainer, authorized to provide health care services and licensed by the State Health Administration to operate
7) "Health worker" means any natural person engaged in a health activity,who holds a professional qualification for the health activity he/she performs or who does not hold a professional qualification as described above but assists in the tasks to be performed by qualified health professionals
8. Beneficiary: a natural person designated by the Client in the contract of engagement who is entitled to receive the designated healthcare service
II. General provisions
1. 7., e-mail: email@example.com, telephone: +36-1-889-5820) (hereinafter referred to as "SmileyMed") and the Client (hereinafter referred to as "Client") using the privately financed health care services provided by SmileyMed (hereinafter referred to as "Client"), for the provision of health care services (hereinafter referred to as "Contract"), the present General Terms and Conditions (hereinafter referred to as "GTC") shall apply unless otherwise agreed in writing by the Parties.
2. In order to receive private health care services, the Parties enter into a relationship of commission for the provision of health care services against payment of a commission fee. By signing the Contract, the Client acknowledges that he has read, understood and accepted these General Terms and Conditions and that he accepts the provisions contained herein as binding upon him.
III. Health Care Service
1. SmileyMed shall provide health care services to the Client or any Beneficiary in accordance with the legislation in force, the professional protocols and the present GTC.
2. SmileyMed declares that it has the necessary material and personal conditions for the provision of the service, that it has general professional liability insurance covering its activities, and that it has the appropriate official licences. The Client acknowledges that SmileyMed is entitled to engage an intermediary to perform the service. The health service shall be provided by qualified health professionals.
3. The place of use of the health service: 1133 Budapest, Kárpát utca 62-64.
IV. Rights and obligations
1. In fulfilling this obligation to cooperate, the Customer shall inform SmileyMed and his/her treating physician of all circumstances and facts (in particular, any previous illness, treatment, medication or medicinal product, health risk factors) necessary to determine the pathology and prepare an appropriate treatment plan. The Client's obligation to inform the Health Insurance Fund of any fact or circumstance (in particular, communicable diseases, occupational diseases or conditions) which may endanger the life or physical integrity of others in connection with his own illness.
2. If the Customer fails to comply or only partially complies with the above obligation to provide information, SmileyMed shall not be liable for the consequences of such failure, neither professionally nor financially.
3. By signing the contract, the Client acknowledges that all treatments are subject to risks and that any risks for which the treatment provider cannot be held liable shall be borne by the Client, and acknowledges that the course and duration of recovery may vary from one Client to another or may differ from the average.
4. In view of the fact that SmileyMed has no obligation to provide private health care services, SmileyMed is entitled to refuse to provide the Client with the service and to refuse further treatment without giving reasons.
5. SmileyMed shall not be liable for any consequences arising from the Customer's breach of its obligations under the Contract and these GTC or the Customer's failure to comply with the instructions relating to the health service.
6. SmileyMed shall take all reasonable steps to ensure that the health care service is provided in compliance with the legal or other professional rules, in particular with professional guidelines reflecting the state of the art and based on evidence.
7. The Customer declares that he/she will use the health service provided by SmileyMed under the guarantee of his/her right to free self-determination.
V. Procedure for accessing the health service
1. The use of the service requires prior registration, which the Client can do in the following ways:
• In person;
• Personally, by calling the telephone helpline (+36-20-227-3386 or +36-1-889-5820);
2. The Client must inform the reception of the health centre at least 5 minutes before the scheduled appointment, if possible, that he/she has arrived for the service.
3. SmileyMed provides the requested health service after the registration and data recording, data reconciliation.
VI. Payment of fees
1. The private health care service provided by SmileyMed is not financed by social security (OEP), and can be used by the Client against payment of a commission fee. SmileyMed's current price list is available on the SmileyMed website www.smileymed.hu and information on the fees in force can be obtained from SmileyMed's customer service.
2. The Client acknowledges and agrees that if, in addition to the services agreed in advance, his/her doctor recommends and the Client uses additional services, he/she shall be obliged to pay for these additional services. The Client acknowledges and agrees that if, in addition to the services agreed in advance, his/her treating physician recommends and the Client uses additional services, he/she shall also be obliged to pay the fees for these additional services. The Client may request information on the fees for the proposed additional services from his/her treating physician or from SmileyMed's customer service prior to the provision of such services.
3. The Customer may pay for the service in the following ways:
• credit card
• health insurance card
4. SmileyMed shall be entitled to unilaterally modify its list prices at any time, simultaneously with their publication.
5. The Customer acknowledges that in the event of non-payment of the fee, SmileyMed may enforce its claim by legal means.
VII. Customer Service - Complaints Handling
1. For clarifications and complaints regarding the health service, please contact the SmileyMed Customer Service (address: 1043 Budapest, Nyár utca 43. 3. floor. 7. phone: +36-1-889-5820, email: firstname.lastname@example.org).
2. The Customer Service will accept complaints regarding the health service only from the Customer or his/her written proxy, upon presentation of the invoice received at the time of the use of the health service.
3. If the Customer Service Representative is not able to verify the identity of the Customer in a credible manner, he/she has the right to request confirmation of the complaint in writing or to reject the complaint.
VIII. Data processing rules
1. SmileyMed shall treat all information and data obtained in the course of or in connection with the order as confidential and shall act in the best interests of the Client in the performance of the order.
IX. Scope of the GTC
1. The present GTC shall govern all matters not otherwise expressly provided for in an individual agreement with the Customer by SmileyMed
2. SmileyMed shall be entitled to amend these GTC at any time. Any amendment shall be published on the SmileyMed website (www.smileymed.hu).
3. These T&Cs cover SmileyMed's private health services.
X. Miscellaneous provisions
1. The Parties shall settle their dispute amicably. If negotiations to this end fail, the Parties submit to the exclusive jurisdiction of the competent and competent court.
2. The issues not regulated in these GTC and the contract of engagement shall be governed by Hungarian law, in particular by Act CLIV of 1997 on health care, Act LXXXIV of 2003 on certain issues of the performance of health care activities, Act XLVII of 1997 on the management and protection of health care and related personal data, Government Decree 96/2003 (VII. 15.) on the general conditions for the practice of health care services and the procedure for the licensing of operations, Government Decree 60/2003 (X.20. .) of the ECSC, the Civil Code and other health and social security legislation, professional guidelines and the rules of professional protocol in force at SmileyMed shall apply.
3. These GTC shall enter into force on 7 August 2019 and shall remain in force until revoked.
SmileyMed Health and Services Ltd.