Purpose of the provider's general terms and conditions

The Service Provider shall apply these General Terms and Conditions (hereinafter: GTC) was issued to regulate in detail the terms and conditions of the services of the "Korda Clinic" and its use, the rights and obligations of the provider and the patient and other relevant circumstances related to health services. The provider's terms and conditions shall contain the general terms and conditions of the legal relationship between the provider and the patient under contract with the provider.

General information

These GTC apply to Dr. Szemerédi Medical Ltd: Service provider) and the health services provided in the private clinic "Korda Klinika" operated by the www.kordaklinika.hu website (hereinafter referred to as: Website) (hereinafter referred to as: Patient), it sets out your rights and obligations.

The legal relationship between the parties shall be governed in particular by the following legal provisions: Act CLIV of 1997 on Health Care (Eütv), Act LXXXIV of 2003 on certain issues related to the performance of health care activities (Efficient.), Government Decree No 96/2003 (VII. 15.) on the general conditions for the provision of health care services and on the procedure for the authorisation of the provision of health care services, Decree No 60/2003 (X.20.) of the ECMHSA on the minimum professional conditions for the provision of health care services, and Act V of 2013 on the Civil Code (hereinafter: Ptk.).

The current version of the GTC is available on the Website in a permanent and downloadable format, and the Service Provider will make it available to Patients in the Institution.

The Service Provider reserves the right to unilaterally modify the provisions of the GTC. The Service Provider shall publish the amended text on the Website and in the Institution at least 15 days before it enters into force.

The provisions of the amended GTC shall also apply to existing legal relationships, unless the contract governing the legal relationship contains a provision contrary to the amended provisions. The amendment shall not be detrimental to the Patient in the case of contracts in force.

Company name of the Service Provider: Dr. Szemerédi Medical Ltd.

The registered office of the Service Provider: 6725 Szeged, Korda u. 18

Tax number: 10603721-1-06

Register of Companies Court: Szegedi Tribunal

Company registration number: 06-09-001245

Operating licence number: 15842-4/2007

Phone: +36 30 099 3379

Customer service: +36 62 444-493

E-mail: kapcsolat@kordaklinika.hu

Phone: weekdays 08:00 - 20:00

Interpretative provisions

The Parties agree that in the application of the GTC and in the provision of health services, the following terms shall have the following meanings:

Sick:

a person who uses or receives health care services from the Service Provider.

Your doctor:

a consultant doctor, chosen by the Patient or his/her authorised representative, who has a contractual relationship with the Service Provider, who acts on behalf of the Service Provider, determines the examination and therapy plan for the Patient's specific medical condition and performs the interventions within the framework of these plans, and who is responsible for the Patient's treatment.

Institution:

the place of provision of health care services by the Service Provider: 6725 Szeged, Korda u. 18.

Health service:

any activity (including mediated health care services provided by an attending physician) to examine and treat a patient for the purpose of preserving the patient's health, preventing, detecting, diagnosing, treating, preventing a disease, treating a condition that has developed as a result of a disease, or preventing further deterioration of the condition, care, nursing, medical rehabilitation, reduction of pain and suffering, and the processing of the patient's medical records for the above purposes, including activities relating to medicinal products, medical aids and medical care, as provided for by specific legislation.

Health care:

the totality of health care services related to a patient's specific health condition.

Investigation:

the activity aimed at assessing the patient's state of health, preserving his/her health, detecting diseases and their risks, identifying specific diseases, their prognosis and changes, and determining the effectiveness of treatment.

Intervention:

a preventive, diagnostic, therapeutic, rehabilitative or other physical, chemical, biological or psychological procedure that causes or is likely to cause a change in the patient's body.

Health documentation:

any record, register or any other means of recording, irrespective of its medium or form, of medical and personal data relating to the treatment of the Patient, which comes to the knowledge of the Provider or the person providing the healthcare service on his behalf.

Medical secret:

information obtained from persons involved in the patient's healthcare, in particular the patient's medical and personal data.

Data collection form:

part of the medical record, which includes the patient's natural person identification data, social security number, contact details, and declaration of acceptance of the GTC.

Registration

The Patient declares, under his/her full responsibility, that the data provided during registration and made available to the Service Provider are true and correct. The Service Provider reserves the right, upon receipt of the registration, to delete the data if the veracity of the registration data is questionable or unclear, and thus to consider its service obligation to the Patient as null and void, or to request the Patient to provide additional data to validate the registration, or to contact the Patient.

On the main page of the Website Registration to register by filling in the registration form. Registration requires a user name of your choice, a real e-mail address and a password of your choice. Registration is validated by clicking on the link sent to the e-mail address provided. By expressly declaring during registration, the Patient declares that he/she has read and expressly accepts the GTC. Acceptance of the GTC is a condition of registration.

The Service Provider shall not be liable for any problems or errors resulting from incorrect and/or inaccurate data provided by the Patient. The Service Provider shall not be liable for any damages resulting from the Patient forgetting his/her password or from the password becoming available to unauthorized persons for any reason beyond the Service Provider's control.

Change registration, forgotten password, delete registration

To change previously recorded data after logging in, use the Personal settings available by clicking on the button Change personal data menu item. The Service Provider shall not be liable for any damage or error resulting from the alteration of the registered data by the Patient.

If the Patient has already registered on the Website but has forgotten their password, the Forgot your password? After entering the name and e-mail address of the registered user, the Website system will automatically send you a generated password. You can change this password in the Edit data menu after the patient has logged in.

The Patient has the right to terminate his/her registration at any time, with the exception of when the service is in the process of being performed (e.g. appointment booking). In this case, the Patient's registration will be terminated after the service has been completed. To cancel the registration, the Service Provider must be notified by How to cancel your registration under the menu item.

Subject of the contract, description of the service

The Patient authorises the Service Provider to perform the examination(s) and intervention(s) agreed with the Treating Physician, to treat any complications arising from the nature of the intervention(s) and to provide the related health care service. The Provider accepts the order for the provision of the Health Service and complies with its obligations under the applicable health legislation. The Service Provider shall perform the activity through its employees and through the use of contractors and agents engaged under a separate contract.

The Service Provider declares that it complies with all legal requirements necessary for the provision of the health service activities set out in these GTC and that it has a valid and effective operating licence. The persons carrying out activities on behalf of and for the Service Provider are registered with the public health administration and have the appropriate liability insurance for the provision of the service.

The Service Provider is under no obligation to conclude or maintain a contract with the Patient, which the Patient acknowledges.

The Service Provider's services are provided on the basis of the Patient's individual decision, his/her own decision or the decision of his/her legal representative.

The legal relationship between the Parties shall be governed by the professional guidelines in addition to the legislation set out in point 2. In their absence, the rules and professional guidelines published in the methodological guidelines shall apply, and in the absence of methodological guidelines, the widely accepted professional requirements, also published in the literature, shall prevail.

By using the health services, the Patient acknowledges and agrees that the Service Provider may also use intermediaries for the performance of the ordered service(s), in particular for medical care, other special medical interventions, medical treatments and other services that the Patient wishes to use.

By accepting the GTC, or failing this, by using the service, the Patient acknowledges that all medical interventions and treatments involve risks, and that the Patient must bear all risks for which the doctor cannot be held liable. The course and duration of recovery may vary from one Patient to another or may differ from the average.

You acknowledge that your medical history may change as a result of the tests you undergo, which may require additional tests and/or interventions. The treating physician will keep the patient informed of these changes. The patient also acknowledges that, despite the provision of professional medical care, general complications arising from the nature of the intervention(s) performed, or complications which are not related to the nature of the intervention and which cannot be avoided by any means, even with the greatest care, may occur during or after the intervention(s) performed. The Patient assumes these risks by seeking treatment.

Use of the Service, booking an appointment, cancellation.

You can use the health service provided by the Service Provider by making an appointment or by booking an appointment on the Website.

Through the Website, the Service Provider provides the Patient with the possibility to book an appointment with the doctor of his/her choice. Registration is required to book an appointment.

When booking an appointment, the Patient is required to provide his/her natural identity data (name, name at birth, place and date of birth, mother's name, address), social security number and contact details (phone, email).

Appointments can only be made by telephone or in person during the opening hours of the Institution. The reservation is valid upon written confirmation by the Service Provider.

At the same time as the confirmation, the Service Provider will inform the Patient of the cancellation rules.

The Patient acknowledges that a new appointment must be booked for each new appearance. Appointments for check-ups can be agreed with the attending physician, and the cancellation rules apply.

You must complete and sign the Data Acceptance Form in order to use the healthcare services provided by the Service Provider. The Patient is obliged to fill in and sign the Data Collection Form at the time of his/her first personal visit to the Institution, in which he/she declares that he/she has read and accepts the GTC. Acceptance of the GTC is a condition for access to the health service.

In the absence of the completion of the Data Collection Form, by using the health service, the Patient accepts the GTC by implicitly accepting the GTC.

The Patient acknowledges that there may be a delay in the start of treatment compared to the pre-arranged appointment. The Patient cannot claim any compensation for any delay in the start of the medical examination/intervention.

If the Patient arrives late at the Institution, and the delay does not exceed 10 minutes, the Service Provider will provide the agreed care during the appointment time. If the Patient's delay exceeds 10 minutes, the Service Provider will offer the Patient a new appointment or a later appointment on the same day, depending on the schedule of medical examinations scheduled for that day. In neither case may the Patient claim any compensation.

If the Patient is unable to attend the Institution at the agreed time, he/she must notify the Provider in due time (in writing by email, on the website or by telephone). In the event of failure to do so, the Service Provider is entitled to charge the Patient a penalty of HUF 5000 (i.e. HUF 5,000).  

Rights and obligations of the parties

The Parties shall cooperate in the provision of health care in accordance with the legal provisions in force, and shall have the following rights and obligations

Patient rights:

Choice of doctor

The Patient has the right to choose a Treating Physician who is in a legal relationship with the Provider. The Service Provider shall ensure that the chosen doctor is the primary provider of health care, as long as the Patient does not explicitly request to choose another doctor. The Provider shall arrange for the replacement of the chosen doctor in the event of his absence or incapacity.

Taking into account the nature of the activities performed by the Service Provider and the doctors employed by it, the Service Provider stipulates that in certain unforeseen cases (e.g. urgent surgery, illness), the doctor chosen by the Patient may be prevented from being available to treat the Patient at the agreed time. In such a case, the Service Provider undertakes to contact the Patient immediately after becoming aware of the unavailability of the chosen doctor, using one of the contact details provided by the Patient, and to inform the Patient - at the latest at the agreed time on the spot - of the unavailability of the chosen doctor and whether he/she can provide a replacement doctor at the agreed time, or whether the Patient accepts such replacement. If the Provider is unable to provide a substitute doctor or if the Patient does not accept such a doctor, the Parties shall agree on a new appointment. The Patient shall not be entitled to any compensation or claim for compensation due to the rescheduling of the appointment for the above reason.

Right to self-determination

Patients have the right to self-determination. Within this framework, the Patient is free to decide whether he/she wishes to use the Provider's health services, and which interventions he/she consents to or refuses to undergo. However, the Patient's decision shall not affect the Patient's obligation to pay fees for services already provided or commenced by the Provider, for which the Patient shall reimburse the Provider.

Patients have the right to participate in decisions concerning their investigation and treatment. Any medical intervention by the Provider is subject to the patient's informed consent, free from deception, threat or coercion. The Patient may give such consent orally, in writing and by means of coercive conduct, unless otherwise provided by law. The patient's right of self-determination is otherwise governed by Articles 15 to 19 of the Health Care Act.

Right of access

The Patient may exercise his/her right of contact provided by the Eütv. subject to the conditions existing at the Service Provider, respecting the rights of his/her fellow patients and ensuring the continuity of patient care. The Patient may prohibit the disclosure to others of the fact of his/her care, (medical) treatment or other information relating to his/her care, (medical) treatment, unless otherwise provided for by the Care Act or other legislation.

Right to refuse supply

An incapacitated person has the right to refuse care, unless failure to do so would endanger the life or physical integrity of others.

The patient may refuse any treatment which, if not given, would be likely to cause serious or permanent damage to his health, only in a public document or in a private document with full probative value or, if he is legally incompetent, in the presence of two witnesses. In the latter case, the refusal must be recorded in the medical records and authenticated by the signatures of the witnesses.

The refusal of life-sustaining or life-saving intervention and its detailed rules, as well as the declarations made by the person with capacity in the event of his or her subsequent incapacity and their content, shall be governed by the provisions of the Civil Code.

Right of access to medical records

The Service Provider shall keep electronic and paper medical records of the Patient, his/her personal data, the medical history data provided by the Patient to the Service Provider, the services ordered and the interventions performed.

The Patient has the right to access the data contained in his/her medical records and the right to request information about them in accordance with the data protection legislation in force, as set out in the Service Provider's Privacy Policy.

The Service Provider holds the medical records, the Patient holds the data contained therein.

The Patient has the right to inspect, extract, copy or obtain a copy of the medical records.

The Patient has the right to authorise in writing the person designated by him/her to inspect and make copies of the medical records relating to him/her during the period of his/her medical treatment for his/her particular illness. The patient has the right to make a declaration as to whom information about his/her illness, its probable outcome may be disclosed and to whom partial or full access to his/her medical records may be refused. The Patient must inform the Provider in writing of this declaration.

After the patient's medical care has been completed, only a person authorised by a private document with full probative value given by the patient is entitled to inspect and make copies of the medical records.

A Patient's health information must be disclosed without the Patient's consent if required by law or when necessary to protect the life, limb or health of others.

Right to information

The Patient is entitled to receive full information in an individualised form. The Patient has the right to receive, in addition to the information relating to the processing of personal data concerning him or her, detailed information on

1. your state of health, including a medical assessment of it,
2. the proposed tests and interventions,
3. the possible benefits and risks of carrying out or not carrying out the proposed tests and interventions,
4. the planned dates for the tests and interventions,
5. the right to decide on proposed tests and interventions,
6. possible alternative procedures and methods,
7. the process and expected outcome of care,
8. additional benefits, and
9. on the proposed lifestyle.

The patient has the right to ask questions during and after the information.

The Patient has the right to know the results of the tests and interventions carried out during his/her treatment, their possible failure, and the reasons for the unexpected results.

Incapacitated minors, minors with limited capacity to act and partially incapacitated patients have the right to information appropriate to their age and mental state.

The Patient has the right to know the names, qualifications and functions of the persons directly involved in his/her care.

The detailed information must also be provided in writing to the patient when a homeopathic medicine is recommended.

An able-bodied patient may waive the right to be informed, unless he or she needs to know the nature of his or her illness in order not to endanger the health of others. If the intervention is at the patient's initiative and not for therapeutic purposes, the waiver of information shall be valid only in writing. These provisions also apply to minors over the age of 16.

The right to be informed is also available to the patient even if his/her consent is not otherwise a condition for the start of the treatment.

The Patient acknowledges that it is not possible to disclose the results of the examination or any health information related to the Patient by telephone. An exception to this is in the case of a life-threatening discrepancy, in which case the Patient may be informed by telephone, after verification of his/her identity and identification, at a number provided in advance. In such cases, the Service Provider will attempt to reach the patient by telephone no more than twice.

The Patient acknowledges that the Service Provider will forward the medical examination results and information to the attending physician, who is entitled to inform the Patient about their content.

Obligations of the Patient

The Patient shall be responsible for his/her own state of health to the extent that he/she can be expected to do so, and shall not engage in any conduct that would jeopardize the success of the health care provided under the Contract. The Provider shall not be liable for any damage resulting from such conduct.

Patients must refrain from any conduct or activity on the premises of the Institution that would unduly interfere with or hinder the care of patients, the provision of services or that would endanger the health of others. In the event of serious or repeated breach of this provision, the Service Provider shall be entitled to terminate the contract with immediate effect and to claim from the Patient the value of the services already rendered and any damage resulting therefrom.

When using the Service Provider's services, the Patient must respect the provisions of the law and the Service Provider's institutional regulations.

The Patient is obliged to cooperate with the Service Provider according to his/her abilities and knowledge, if his/her state of health permits, including

• to inform the Service Provider of everything necessary to establish his/her medical history, to prepare an appropriate treatment plan and to carry out the interventions, such as information about any previous illness, medical treatment, medication or medicinal products taken, and any health risks,
• to provide information about anything that could endanger the life, physical integrity or health of others (communicable diseases)
• in the case of a communicable disease as defined by law, to name the persons from whom or to whom he or she may have contracted or contracted the communicable disease,
• to inform the Provider of any previous statements he/she has made concerning his/her healthcare,
• follow the instructions for your treatment,
• after leaving the Service Provider's facility, the Patient must immediately inform his/her attending physician if he/she has a complaint and at the same time contact the competent health care provider in the area, as the Service Provider does not provide acute surgical care,
• provide credible evidence of the personal data required by law,
• pay the fee due to the Service Provider,
• respect the rights of other patients and persons in a legal relationship with the Service Provider.

In the event of a breach of the obligations set out in this clause, the Patient shall be liable to pay the Service Provider for the resulting damage and the justified and justified costs incurred.

In the event of serious or repeated non-compliance by the Patient, the Service Provider is entitled to terminate the contract with immediate effect.

If the Patient does not fulfil or does not fulfil properly his/her contractual or statutory obligations (in particular the obligation to provide information), the Service Provider shall be exempt from the consequences thereof, for which the Service Provider or the Treating Physician shall not be liable, neither professionally nor financially. In the event of a breach of the obligations set out in this clause, the Patient shall be liable for any damage to his/her health or otherwise, unless such damage would have occurred even without the breach of the obligations.

The Service Provider's rights and obligations:

The Service Provider and the Treating Physician are obliged to provide the health care service with the care normally expected in the given situation, within the framework of professional requirements, in compliance with ethical rules, to the best of their knowledge and conscience, to the level determined by the material and personal conditions available to them, and in accordance with their professional competence.

The Treating Physician has the right to choose freely, within the limits of the legislation in force, the method of examination and therapy known and practised by him or her or by the persons involved in the care, under the material and human conditions available, which is applicable in the case in question. This right shall be without prejudice to the patient's right to consent and to refuse treatment.

The Attending Physician is entitled to request another physician or other qualified health care professional to examine or assist in the treatment of the Patient, and is also entitled to propose or convene a consultation.

The Provider or the attending physician may refuse treatment in cases specified by law, in particular if the Patient seriously breaches his/her duty to cooperate.

The Provider and the Treating Physician are obliged to keep medical records on the Patient and to comply with the Patient's rights in this respect.

The Treating Physician is obliged to fulfil his/her duty to provide information as ordered by the Patient and to preserve medical confidentiality, unless the Patient has waived this obligation or the law requires the provision of the information.

The Service Provider is entitled to a fee for the health service it provides.

Price of the service, payment terms

The Patient acknowledges that the Service Provider provides all health care services as a private provider, i.e. the activity provided by the Service Provider is not paid for by the Health Insurance Fund, the care is not financed by social insurance, and the Patient is obliged to pay the Service Provider for the health care service (hereinafter: Prize) to pay.

The Service Provider publishes a price list of the Fees payable by the Patient on its Website, and the information on this is also available at the reception desk of the Institution. The Service Provider informs the Patient that the prices are indicative and may vary for each Patient depending on the care required.  

The service rendered by the Service Provider is exempt from VAT pursuant to Section 85 (1) (c) of Act CXXVII of 2007.

The Patient shall pay the Service Fee to the Service Provider against an invoice immediately after the use of the health care service.

The fee for the mediated services that the Patient uses from an external service provider, the price of which is known in advance, must be paid by the Patient against an invoice at the time of ordering, and the Service Provider is entitled to suspend the provision of the service until the payment of this amount.

The Service Fee will be paid against the Service Provider's invoice, primarily in Hungarian forints. The Service Fee may be paid in cash, by credit card or by health insurance card. 

If the Patient is in arrears with the payment of the Fee, the Provider is entitled to refuse to provide any further health care services until the outstanding debt has been settled by the Patient.

The Patient acknowledges that, in the absence of any agreement to the contrary, the legal relationship between him/her and the Service Provider is established when using the health care service, and therefore he/she is obliged to pay all Fees directly to the Service Provider.

If the Patient wishes to pay the fee for the health care service through a health insurance company, the health insurance company will pay the fee for the service to the Provider after sending the documents required by the health insurance company. If the health insurer fails to pay the Service Fee to the Service Provider within 60 (sixty) calendar days of the date on which the documents are sent in full by the Service Provider and the invoice payment deadline expires, the Patient shall pay the Service Fee to the Service Provider immediately upon the Service Provider's request, regardless of the reason for the failure. In this case, the Service Provider shall, in the event of any subsequent payment by the Insurer, transfer the amount paid by the Patient to the Patient within 30 days of receipt of the payment.

When completing the Data Collection Form, the Patient must indicate the name and contact details of the health insurer with which he/she wishes to have his/her care financed and the policy number. The Patient must provide credible proof of his/her insurance status. If the health insurer also stipulates the payment of a co-payment in its declaration, the Patient must pay the co-payment to the Provider before leaving the Provider, based on the Provider's invoice.

The Service Provider has the right to unilaterally change the Service Fees. The Service Provider shall make available the fact of the amendment and the effective tariff list at the reception of the Institution and on the Service Provider's website at least 5 (five) days before the amendment comes into force.

Duration of the Contract

The legal relationship between the parties is for a fixed term, for the duration of the activity in the context of the health service.

Complaints handling

The Patient may send any objections or complaints related to the Service Provider's performance or procedure to the Service Provider at the following contact details:

Email: kapcsolat@kordaklinika.hu

Postal address: 6725 Szeged, Korda u. 18.

The Service Provider accepts complaints about the health service only in writing. The Service Provider shall take a record of the verbal complaint.

The complaint will be decided within 15 days of receipt and the Patient will be informed in writing.

If the Patient is not satisfied with the answer given by the Service Provider, he/she may contact the competent patient representative in the area.

Szeged, 25 April 2022.