General Terms and Conditions of Contract

GENERAL TERMS AND CONDITIONS OF CONTRACT

Effective as of 01.01.2016

1. INTRODUCTION

These General Terms and Conditions of Contract (hereinafter: General Terms and Conditions of Contract) shall apply to the Service and Sales Contract signed by and between Client and Human Health Holding Korlátolt Felelősségű Társaság (Company Registry No.: 01-09-195593; Seat: 1034 Budapest, Vályog utca 8. II/6.; hereinafter: Company) as health service provider and sales company (hereinafter: Contract) and to issues not regulated specifically therein.

The Contract shall be concluded by accepting the Company’s Offer made to Client concerning a health care service package (hereinafter: Offer) and shall take effect by the payment of the price specified in the Offer or, if the Offer stipulates payment in instalments, by the payment of the first instalment to Company in compliance with [2] of the Offer.

Client’s accepting the General Terms and Conditions of Contract is a precondition of using the services included in Company’s Offer. Client’s explicit acceptance of the Offer or, if an explicit acceptance of the Offer is lacking, Client’s using one of the services included in the Offer, shall qualify as Client’s accepting the Terms and Conditions of Contract.

Seller shall reserve the right to amend, in part or in whole, these General Terms and Conditions of Contract at any time. The General Terms and Conditions of Contract and their amendments shall be effective from the time of their publication on the website www.humedinternational.eu. Seller shall inform Clients of amendments to the General Terms and Conditions of Contract by forwarding to Clients the General Terms and Conditions of Contract in a consolidated structure with the amendments by electronic mail or by making these public on the website www.humedinternational.eu. Clients shall be informed in sufficient time before the amendments taking effect for them to be able to decide on accepting the amendments.

2. PARTIES TO THE CONTRACT

Company (Offeror): Human Health Holding Korlátolt Felelősségű Társaság with whom as Service Provider and as Promoter of the services of its contractual partners Client shall sign the Contract.

Seat and mail address: 1034 Budapest, Vályog utca 8. II/6.

E-mail: office@humedinternational.eu

Phone: +36 30 406 6552

Website: www.humedinternational.eu

Tax No.: 13497460-2-41

Company Registry No.: Cg.01-09-195593

Bank Account No.: Kereskedelmi és Hitelbank Zrt. 10403363-50526767-67881006

IBAN: HU58 1040 3363 5052 6767 6788 1006

SWIFT (BIC): OKHBHUHB                                                                   

The Company specialises in, among others, performing outpatient health services, organising and selling other health services and organising and selling other related services and tourism services (which together are termed as complex patient pathway management). Company provides its Clients with complex service packages for which Company uses the services of its contractual partners.

Company’s partners are service providers with a certified professional background and acknowledged experience and specialists, holding the necessary licences for performing the services they offer required by the legislation in force.

Company’s contractual partners whose services Company as an authorised representative of its contractual partners and as a promoter of their services presents in its Offer, are the following:

  • Uzsoki Kórház (Uzsoki Hospital)
  • Human Health Tour Operator Kft.
  • Pető András Főiskola - Pető Intézet (András Pető College - Pető Institute)
  • Róbert Károly Magánkórház Zrt. (Robert Karoly Private Clinic)
  • Scanomed Orvosi, Diagnosztikai, Kutató és Oktató Kft.

Client: Client shall be the person who as the user of the services performed and/or promoted and/or sold by Company, i.e. as patient, concludes the Contract with Company; prior to making and accepting the Offer, Client shall be the person who, as a person interested in the services of Company, registers on the Company’s website. If the prices of the services to be used by Client are paid by a third party (e.g. Client’s relative), this third party shall take part in the Offer as cost bearer.

Accompanying Person: A person named by Client when accepting the Offer who will accompany Client when the services performed and/or promoted and/or sold by Company are used by Client and who will use some of the services specified in the Offer.

Patient Pathway Manager: A person designated by Company and specified in the Offer who will be responsible for maintaining contact between Company and Client/Accompanying Person with respect to the preparation of the Offer and the services included in the Offer and help using the services included in the Offer.

3. SUBJECT OF THE CONTRACT

All the health services and non-health services included in the Offer (hereinafter: Service Package) that Company

  • partly performs for Client themselves;
  • partly provides to Client via their contractual partners.

The respective health service elements found in the service package shall be provided by health service providers according to the medical protocol accepted at the place where the services are provided.

It shall be specified in the Offer which service elements shall be provided by the Company itself and which via its contractual partners.  

The contents of service elements provided via health service partners shall be governed by the applicable legislation in force.

The contents of the Service Package may be amended after Client’s acceptance of the Offer according to the following:

  • depending on the results of the personal consultation between Client and the Company’s health service provider, i.e. a medical specialist of the latter, if making and accepting the Offer precede personal consultation;
  • in accordance with professional medical decisions made by the Company’s health service provider, i.e. the medical specialist(s) thereof, in the course of the health care intervention, made to the benefit of Patient on the basis of medical professional reasons.

​In the unexpected case if any complications and/or other unforeseeable events arise in the course of providing the health service, the protocol used by the health service provider and its prior information provisions shall be applicable. 

4. PATIENT PATHWAY MANAGEMENT SERVICE

The Patient Pathway Manager shall keep contact with Client and Accompanying Person by phone, e-mail and, if necessary or requested, by person, and shall help the use of services.

Major elements of the service:

After examining Client’s previous medical test results, a medical specialist shall inform Client about the recommended treatment and its schedule within the framework of teleconsultation.

After the consultation a quotation shall be made for Client, which shall include and elaborate on every healthcare and other service in detail.

By Client’s accepting the offer and paying the first instalment of the Deposit specified in the Offer, Client’s order shall be validated.

The teleconsultation and the drawing up of a quotation shall not involve any financial or other commitment!

All services according to the Order, from Client’s departure from home to their stay away from home and their return home shall be arranged.

Within the framework of the patient pathway management service, Client shall have access to information even after their return home.       

5. PRICE OF SERVICE PACKAGE, DEPOSIT, PENALTY

The price of the Service Package shall be specified in the Offer considering the service elements chosen /specified by Client.

The price of the Service Package shall not include the costs of unforeseeable events, complications or reactions that may arise in the course of using the health services, thus especially the costs of services covered by the European Health Insurance Card, which the Company’s health service provider partner is entitled to directly invoice to Client.

With reference to the elements of the Service Package that are provided by Company via their contractual partners, the invoices with the prices of the service elements concerned shall be issued directly to Client by the contractual partners concerned.

Client shall pay the price of the Service Package as elaborated on in the Offer (or lacking a provision in the Order to the contrary effect, in one lump sum) to the Company’s bank account in advance; Company shall treat the price paid in advance as a deposit (hereinafter: Deposit) according to the following:

  • Company is entitled and obliged to transfer the prices of services included in the Service Package, specified on the invoices issued to Client by Company’s contractual partners, by the deadline specified in the contract signed with the contractual partner, but no sooner than the certified copies of the invoices concerned have been received from the contractual partner and the Patient Pathway Manager has certified in a written declaration the performance of the services invoiced therein;
  • Company is entitled to dispose of the money paid for the services included in the Service Package and performed by Company as their own from the day that Company has actually performed the relevant services to Client; Company shall invoice to Client the prices of the services performed by Company after their performance or by the 8th day following the performance of the complete Service Package and give the invoice to Client;
  • if the performance of any element of the Service Package fails for any reason outside Client’s interest range, Company shall refund an amount corresponding to the price of the service element concerned to Client from the Deposit within 15 (fifteen) banking day following the day when Company learns about this failure;
  • if Client fails to use any element of the Service Package for a reason within Client’s interest range (including the case where the Client does not receive the visa, official permit necessary for entering or staying in Hungary for any reason whatsoever), Company shall refund an amount corresponding to the price of the service element concerned minus the Penalty, specified below, to Client from the amount of the Deposit within 15 (fifteen) banking day following the day when Company learns about this failure.

Client shall not amend the above deposit provisions unilaterally and shall not reclaim the Deposit during the term of this Contract; the Deposit may be treated as specified in the provisions laid down in this section exclusively. 

If Client refrains from using any element of the Service Package after the Contract has taken effect, the Contract will fail to be performed with respect to that element, for which failure Client shall be liable.  In the case of such partial or total failure of the Contract, Client shall pay a part of the price of the service element that failed to be performed, as specified below, as a penalty (hereinafter: Penalty) to Company, which may be deducted from the principal amount of the Deposit to be returned to Client.  

Rate of the Penalty:

  • if the failure takes place at least 30 days prior to the planned starting date of the use of the health care intervention and its related services, the rate of Penalty shall be 0 % of the net price of the failed service element;
  • if the failure takes place at least 15 and maximally 30 days prior to the planned starting date of the use of the health care intervention and its related services, the rate of Penalty shall be 50 % of the net price of the failed service;
  • if the failure takes place maximally 15 days prior to the planned starting date of the use of the health care intervention and its related services, the rate of Penalty shall be 100 % of the net price of the failed service.

In case of failed orders for reasons within the Client’s sphere of interest; in addition to the possible penalty the Company shall be entitled to charge and retain bank charges, transaction costs and any currency conversions related to crediting the deposit to the Company and refund the Client as cancellation fee for the Client’s expense (meaning the Company shall be obliged to refund the deposit in an amount reduced by the possible penalty and/or cancellation fee to the Client).

In each case, Company shall have the right to claim compensation for the damage it potentially suffers beyond the amount of the Penalty.

6. PARTIES’ RIGHTS AND OBLIGATIONS

Company shall provide the services ordered by Client in compliance with Hungarian legislative and professional regulations, or order (acquire) them from the relevant service provider partner.

Company has a licence to perform outpatient health services only and shall thus, in every case, acquire health services outside their licence range from health service provider partners that are in a contractual relationship with Company and that have the necessary material and personnel conditions as well as the licences and quality assurance required.

Company shall manage the data revealed to it in compliance with Hungarian legal provisions.

For the services provided, Company shall be entitled to the remuneration specified in the Offer.

Client has the right to request information from Company on the professional background of the health service companies participating in the health service and of their health care staff as well as on the senior physician to perform the health service (name; professional experience).

Client shall pay the price of the Service Package. Client shall inform the Patient Pathway Manager in writing of any problems arising with respect to the Contract without delay.

Client shall present, prior to admission, their passport or other personal identification document and (if Client comes from an EU country) their European Health Insurance Card to Patient Pathway Manager and submit these in order to be photocopied; by accepting the Offer, Client authorises Company to make photocopies of these documents.

Considering that the Service Package is a private service at own cost, Client shall not be entitled to have its price reimbursed by the Hungarian National Health Insurance Fund.

7. DATA PROTECTION

Company commits themselves to handling Client’s data and any information about Client revealed to Company in compliance with the Privacy Policy available to read on the website www.humedinternational.eu at all times.

Client and Client’s Accompanying Person shall give their explicit and voluntary consent that their data may be accessed and processed by the Company, the person(s) performing the health service, the Patient Pathway Manager and other persons specified in the declaration in compliance with the Hungarian regulations in force.

In compliance with Act XLVII of 1997 On the Processing and Protection of Health Care Data and Associated Personal Data, Client shall give their consent in accordance with Hungarian regulations in force that the Patient Pathway Manager may be present at Client’s treatments and that the health service provider may provide comprehensive information to the Company and the Patient Pathway Manager on Client’s treatment and health condition.

8. LIABILITY CLAUSE

For services provided to Client by Company’s contractual partners, it is the partners providing the services that shall be liable to Client; Company shall assume no liability whatsoever for the contents, quality or potential damage caused by or related to the services provided and invoiced directly to Client by the service provider partners; Company excludes any liability in this range.  

9. OTHER PROVISIONS

The Declaration of Consent to the Processing of Personal Data and the Offer shall be considered as accepted by Client and qualify as valid legal declarations if Client has printed and signed the documents concerned and forwarded these in a scanned format to the email address office@humedinternational.eu or has submitted them personally, or, in the case of the Declaration of Consent to the Processing of Personal Data, marked its acceptance in the course of the registration on the website www.humedinternational.eu.

In the case of any discrepancies between any of the provisions of these General Terms and Conditions of Contract and the provisions of the Offer, the latter shall be incorporated into the Contract.