Aestella Clinic

General Terms and Conditions (GTC)
On the use of the services of the Aestella Clinic

I. Introduction

The present General Terms and Conditions of Service (hereinafter referred to as “GTC”) regulate the use of the outpatient clinic Aestella Clinic (hereinafter referred to as “Dentistry” or “Clinic”) and its services, all the terms and conditions on the basis of which the Service Provider concludes an assignment contract / treatment plan with its Patients. The Service Provider confirms that the address of the Aestella Clinic is H-1095 Budapest , Lechner Ödön fasor 10/B North Tower Ground Floor / Millenium Gardens /

Details of the Provider running the Clinic:

Togala Szolgáltató Korlátolt Felelősségű Társaság

Registered office : H-1064 Budapest, Izabella utca 80.,

Tax number: 24926025-2-42,

represented by Jacques Cousseau Bernard, Managing Director.

The Service Provider has the necessary professional , official , technical and operating licences , conditions , medical liability insurance for the provision of its services, including for those acting on its behalf.

The Patient/Patient acknowledges that the Service Provider is not under contract with the National Health Insurance Fund ( formerly known as OEP ) , does not provide treatment on the basis of social security. The Customer shall receive from the Service Provider dental care that is not subject to the conditions laid down in these General Terms and Conditions and that does not entail any obligation to pay for care (reimbursement).

Individual terms and conditions do not form part of the General Terms and Conditions, but do not preclude the conclusion of separate, specific agreements in writing with different conditions for each type of transaction.

II. Contracting parties

The Client is the patient named in the individual service contract, treatment plan or other statement ordering the service (hereinafter referred to as “Patient” or “Client”).

If the order for the services is placed by the Patient directly with the Provider, the Patient shall be the Contracting Party. The Service Provider and the Patient together, if the conditions are fulfilled, shall become contracting parties (hereinafter referred to as “Contracting Parties”).

In the case of a minor or a person with limited capacity to act, the signature and consent of his/her legal representative is required.

If the order for the services is placed with the Service Provider by a third party (hereinafter referred to as the Intermediary) on behalf of the Patient, the terms of the cooperation shall be governed by an agreement between the Service Provider and the Intermediary. In this case, the Service Provider is not obliged to verify whether the third party legally represents the Patient.

III. How and under what conditions to use the service

3.1 The Customer acknowledges that, pursuant to Act XLVII of 1997 on Health, no medical intervention may be initiated without the provision of the necessary personal data. Mandatory data to be provided are: name at birth , mother’s name , address , social security number , notification telephone number and e-mail address. These data will be used and stored in accordance with the Privacy Policy. In the event of any misunderstanding or dispute, ignorance of the contents of the GTC and its annexes shall not relieve the Customer of any liability.

3.2 The Service Provider shall perform the services undertaken under the Contract by employing dental specialists, specialist assistants and subcontractors with the appropriate expertise and qualifications, in compliance with the legal and professional regulations governing its activities.

3.3 The contractual relationship between the parties is established by the signing of the individual order. The Individual Contract and the General Terms and Conditions (hereinafter collectively referred to as the “Contract”) may be supplemented by other documents (e.g. anamnesis sheet, patient information sheet, etc.) that may be generated prior to or during the provision of the services.

3.4 By making use of the service (by way of an implicit act), the contract between the parties is concluded with the contents of these GTC, even if the individual contract is not signed for any reason.

3.5 The written offer, treatment plan or individual service contract shall be based on the Service Provider’s proposal, but if the treatment is initiated by the Service Provider, this shall constitute approval of the Treatment Plan by the Customer, from which the Service Provider shall be entitled to deviate independently, but in the case of major technical deviations shall be subject to prior consultation with the Customer.

3.6 By signing the Contract, the contracting parties expressly agree that for the performance of the services ordered – in particular for dental care, dental technology, other special medical interventions, treatments or other services requested by the Customer – the Customer may also use subcontractors, for whose activities the Customer shall be liable as if the activities entrusted to the subcontractors had been performed by the Customer itself.

3.7 Other instructions of the Customer, other than those contained in the Contract, shall only be effective if confirmed in writing by the Service Provider.

3.8 Treatment in the practice is subject to prior appointment. The Client may request an appointment at the publicly published contact details of the practice, of which the Service Provider will send an appointment reminder letter or text message 24 hours before the appointment at the contact details provided by the Client.

3.9 The Customer acknowledges that in the absence of a previously agreed treatment appointment, the Service Provider may refuse to carry out emergency interventions.

3.10 The Service Provider undertakes to make every effort to start the treatment at the time agreed with the Client, however, in view of the possible unexpected complications that may arise during a dental intervention, the Service Provider reserves the right to extend the time for treatment prior to the appointment in the interest of the Patient who is undergoing treatment. The Client acknowledges that, in such cases, he is obliged to grant the Service Provider a grace period of up to 30 minutes from the pre-arranged appointment. If the Service Provider does not start the treatment by the end of the grace period, the Client may request the cancellation/postponement of the treatment to another time.

3.11 At the first consultation, an x-ray may be necessary to assess the condition of the dentition and mouth. If the Client has an X-ray not more than 60 days old, he/she may request the use of the X-ray taken. In the event of incomplete or late provision of information by the Client, the Service Provider may, at his discretion, withdraw from the contract or modify the treatment plan.

IV. Operational area of the Clinic and area for use by Patients

4.1 The Service Provider states that the Clinic is used for dangerous activities related to medical treatment, and that it is therefore prohibited for Patients to enter the working area, and that there is a risk of accident or death. Patients are only allowed to stay in the Clinic in the designated areas open to Patients.

4.2 In accordance with the implementation of Act XLII of 1999 on the protection of non-smokers, the Clinic is a non-smoking establishment. Accordingly, smoking is prohibited in the premises of the Clinic and in the public areas open to Patients in accordance with Hungarian legislation.

4.3 The Service Provider has placed signs in the areas required by law calling attention to the obligation to comply with the said legislation. The employees of the Clinic are entitled to warn Patients and any other person on the premises of the Clinic to comply with the law and to cease any unlawful behaviour. Patients and any other person on the premises of the Clinic are obliged to comply with the law and to comply with any such warning. If the operator of the Clinic is fined by the competent authority under the said legislation for the unlawful conduct of any Patient or other person on the Clinic’s premises, the operator reserves the right to charge the amount of the fine to the person who has committed the unlawful conduct or to demand payment of the fine.

V. Prices

5.1 The Clinic’s prices are posted at the Clinic Reception.

5.2 The Provider is free to change the advertised prices without prior notice.

5.3 The Patient may always obtain information on the prices of the Services from the Clinic Reception or the Practitioner prior to the commencement of the Services.

5.4 The specific charges for the treatments provided under the contract , the materials used for the treatments , the costs of the services provided are set out in the contract and invoiced at the end of the treatments.

5.5 The price of the products shall include the statutory rate of value added tax (VAT) in force at the time of the offer. The Service Provider shall pass on to the Contracting Party, with prior notice, any additional charges due to changes in the applicable tax law (VAT). Health care is exempt from VAT and is therefore not subject to VAT.

5.6 The service fee(s) and conditions (e.g.: duration of treatment, etc.) set out in the Contract may be subject to change until the end of the service, depending on the individual circumstances (e.g. incomplete or delayed data provided by the Patient, the individual physical condition of the Patient, the healing process, clinical investigations or other professional reasons arising during the treatment, e.g. unforeseen interventions, therapeutic activity, etc.). In the event of such a change, the Service Provider shall inform the Client without delay, if possible.

5.7 The fees and material costs set out in the quotation based on the contract are valid for 30 days, after which the Service Provider has the right to change the fees and material costs. The fees and material costs set out in the treatment plan / contract may be changed until the end of the treatment due to unforeseen professional reasons, e.g. unforeseen interventions, therapeutic activities.

VI. Cancellation conditions

6.1 During the treatment, the Client may, at any time and at his own risk, request the interruption of the treatment (resumption at a later date) or the termination of the treatment (discontinuation). In this case, the Client shall only be obliged to pay the fee for the treatment and dental work that he has used up to the date of the notice of termination.

6.2 The Service Provider reserves the right to terminate the treatment at any time without any obligation to pay compensation or damages if the Client’s health or mental condition prevents the treatment or if the Client has an outstanding debt to the Service Provider.

6.3 The Customer may cancel the treatment free of charge, in writing (by sending an e-mail) or verbally (by telephone), at the latest 1 working day before the day of the treatment. If the Customer fails to fulfil his cancellation obligation late or at all, he shall be obliged to pay a cancellation/availability fee of HUF 35,000 per hour to the Service Provider.

VII.Payment options and obligations

7.1 Invoices issued by the Service Provider shall indicate the method of payment (cash, card, etc.) and the deadline for payment. The parties agree that in the event of late payment, the rate of interest for late payment shall be the amount of interest for late payment as defined in the Civil Code.

7.2 The price of the ordered services can be paid on the spot by cash (in HUF or Euro), credit card or debit card (American Express, MasterCard, Maestro, Visa, Visa Electron), by Prepaid Card (OTP, K&H, MKB) or by bank transfer, as well as by Health Cash Card.

7.3 In case of transfer, unless otherwise agreed with the Service Provider, the Patient shall settle the amount of the ordered services within 8 days from the date of receipt and issue of the invoice, without delay but within a maximum of 8 calendar days. In the event of late payment, interest on arrears shall be charged at the rate of interest on arrears set out in the Civil Code.

7.4 If the Customer wishes to have the treatment financed by an insurance company or health insurance fund, he/she must notify the Reception before the treatment starts. The Service Provider shall accept payment only from insurers or health insurance funds contracted with it.

7.5 Payment for services ;

– The Client shall pay the Service Provider the full amount of the fee for the Services at the same time as the Service is provided

– in the case of prosthodontic services, at least 50% of the total fee for the prosthodontic service shall be payable at the time of the impression

– in the case of the supply of dental materials, 50% of the cost of these materials in advance, the balance being payable on delivery of the materials (dental work) or, in the case of services of a higher value, the full cost of the service in advance

VIII. Rights and obligations of the patient

8.1 By concluding the service contract, the Patient acquires the right to the professional provision of the agreed treatment.

8.2 The Patient may lodge a complaint regarding the performance of the services provided by the Service Provider during the treatment period. The Service Provider undertakes to deal with any complaints submitted to it (or recorded by it) during this period.

8.3 The Patient is obliged to pay the fee for the service in accordance with the contract concluded.

8.4 Patients must leave the common areas of the Clinic as soon as possible in the event of fire or other alarms, as indicated in the information notice posted in the common areas.

IX. Rights and obligations of the Service Provider

9.1 The Service Provider is obliged to provide the services ordered under the contract in accordance with the applicable health professional regulations and service standards.

9.2 The Provider shall investigate the Patient’s written complaint and take the necessary steps to address the problem, recording them in writing.

9.3 The Provider has the right to claim the fee for the service.

X. Duration of the contract

Unless otherwise specified in the contract, it is concluded by the parties for an indefinite period, during which time the ordering of certain treatments , materials , mediated services , will be carried out in accordance with the terms of this contract under the terms and conditions set out in the updated contract.

XI.Liability and guarantee of the Service Provider

11.1 The Service Provider shall be liable for any damage caused by it in accordance with the general rules of civil law applicable to it

11.2 The Service Provider’s liability does not extend to damages caused by an unforeseeable cause beyond the control of the Service Provider’s employees or caused by the Patient himself.

11.3 The Service Provider guarantees the service provided by it. The guarantee is subject to two basic conditions: proper oral hygiene and regular check-ups and oral hygiene treatment every 6 months, which are documented by the Service Provider.

11.4 Conditions of guarantee ;

– After the completion of the treatment, the Patient must have at least one oral hygiene treatment every 6 months (twice a year) and attend the required check-ups. He must follow the recommended care programme.

– To follow the aftercare , check-ups and oral hygiene instructions prescribed by the dentist.

– Good oral hygiene of the patient , proper cleanliness and proper use of dentures

– Proper use of the prosthesis , subjecting it only to physiological chewing forces that do not lead to overloading of the prosthesis

– The dental prosthesis is not subjected to any external physical stress

– All bills have been settled

11.5 The Service Provider offers the following guarantee after treatment ;

– For fixed restorations ( crowns , bridges , shells )

  Metal-ceramic crown and bridge replacements ; 2 years

  Zircon crown and bridge replacement ; 2 years

  Press-ceramic crown and bridge replacement ; 2 years

  E-max shells ; 3 years

-Removable restorations ( full and partial dentures ) ; 1 year

– In case of implantation ( structural elements of the implant ) ; 2 years

– Biomimetic restoration ; 1 year

– Direct shell ; 1 year

– Root canal treatment ( including microscopic root canal treatment ) ; 1 year

11.6 The guarantee does not cover temporary solutions, subsequent root canal treatment with crowns/bridges, natural reactions of the Patient’s body, such as the need for periodic underlining, unforeseen consequences of improper use or inadequate oral hygiene.

11.7 The guarantee is invalid in the following cases ;

– The Patient does not attend the semi-annual check-ups , does not follow the prescribed oral hygiene care programme.

– Rejection of the implants due to local or remote inflammation resulting from failure to follow up care, check-ups and oral hygiene instructions prescribed by the dentist or other remote organ disease.

– The prosthesis is not properly cleaned

– The prosthesis is not used as intended, extreme forces greater than physiological chewing forces leading to increased stress on the prosthesis

– Problems arising from inadequate nutrition and other health damaging habits

– Mechanical damage or fracture of the removable denture (e.g. due to falling or martial arts) , chemical damage caused by chemical substances (concentrated alcohol, chemicals)

– Diseases of the masticatory apparatus due to systemic and infectious tumours and their treatment

– Accidents and emergency operations following such accidents

– Problems due to mental and other mental illnesses

– Major weight loss in the patient within a short period of time

– Injuries or defects due to the normal, everyday use of dental prostheses, which are reported outside the warranty period

– The tooth needs root canal treatment due to previous treatments

– Complications and consequences of tooth root canal treatment (e.g. tooth removal required)

– We cannot guarantee the life expectancy of the root canal treated tooth and the possible failure of the treatment is not foreseeable

– Interventions in other dental practices will result in the loss of the guarantee

XII. Complaints

12.1 The Client shall notify the Service Provider of any quality complaints within the warranty period in writing, immediately upon detection, at the address and contact details of the Clinic. Please inform your treating physician or the clinic directly at the following e-mail address ; info@aestellaklinika.hu

12.2 The Customer is obliged to attend inspection visits in order to investigate the complaint , to provide the Service Provider with the dental work in question , and to provide all information and data relating to the complaint. The Parties shall draw up a record of the inspection. If the Customer’s quality complaint is justified, the Service Provider shall, within 3 working days of the inspection of the work complained of, state whether it can meet the Customer’s legitimate claim for rectification or replacement within a further 14 working days.

12.3 If the Service Provider is exempted from its warranty obligation for the reasons detailed in clause 12 or if the complaint cannot be investigated due to the loss of the work in question / other reasons (e.g. late submission of the complaint), the Service Provider shall not accept any complaint.

XIII. Confidentiality

13.1 In the performance of its obligations under the Contract, the Service Provider shall act in accordance with the provisions of the Act on the Protection of Personal Data and the Disclosure of Data of Public Interest. The retention of personal and other data relating to the Patient’s accommodation shall be governed by the Provider’s GDPR regulations.

13.2 The Patient shall process and record the medical data and personal identification data recorded during the treatment in accordance with the legislation in force. He/she also consents to the Service Provider using his/her exclusively medical data and experiences for scientific and research purposes.

13.3 The Customer acknowledges that the data and information provided on the anamnesis sheet provided by the Service Provider in the form of the data sheet attached to the Contract are necessary for the selection of the content of dental care and medical treatment, and declares that the data provided are complete and that the Customer shall inform the Service Provider of any changes occurring during the treatment.

13.4 The Client acknowledges and does not object to the fact that for security reasons, images may be taken in the Provider’s practices, the content of which the Provider is entitled to use exclusively in accordance with the applicable legal provisions.

13.5 The Customer consents to the recording of his/her contact details in the Service Provider’s database for the purpose of informing him/her of the Service Provider’s news, current newsletters, the dates of processing or any changes thereto. The Service Provider undertakes not to disclose these data of the Customer to third parties.

13.6 The Service Provider shall display the General Information Notice, the General Patient Rights Notice, the Privacy Notice and the rules and regulations for the operation of the camera system in the Practice.

XIV. Vismajor

A circumstance unforeseeable at the time of the conclusion of the contract (such as, in particular, war, revolution, rebellion, military coup, fire, flood, adverse weather conditions, earthquake, other natural or industrial disaster, power shortage, strike, change in legislation, extraordinary political or social events, government action, radical market changes) which is beyond the control of the party and which could not have been expected to be avoided or the damage prevented. Force majeure shall relieve the Party prevented from performing its obligations under the Contract for as long as such cause or circumstance exists. The Parties agree to use their best endeavours to minimise the possibility of such causes or circumstances occurring and to remedy any damage or delay caused thereby as soon as possible. The parties declare that any change in the Patient’s state of health due to any cause (e.g. accident, illness) or any family or social events or occurrences in the Patient’s interest shall not be considered force majeure.

The Service Provider will operate the Clinic flexibly and in line with demand in the event of a recurrence of an epidemic situation. The Service Provider may order a shutdown of the Clinic for this reason, but in view of the possible continuous change in the situation, it reserves the right to temporarily suspend the operation of the Clinic, to reopen the Clinic in whole or in part, or to reopen the Clinic already opened, even in the absence of a legal prohibition to this effect, depending on the evolution of the virus situation.

XV.Place of performance and applicable law in the legal relationship between the parties, complaints procedure, competent court

15.1 The Service Provider stipulates that the place of performance is the place where the Clinic providing the service is located.

15.2 In relation to any disputes arising from the Contract, the court having jurisdiction for the place where the Service Provider is established shall be designated in relation to the Service Provider.

15.3 The legal relationship between the Service Provider and the Patient shall be governed by the provisions of Hungarian law.

15.4 The Patient may contact the Service Provider with any questions or complaints regarding the operation of the Clinic, reservations, services at the following contact details:

Address ; 1095 Budapest, Lechner Ödön fasor 10/B Millenium Gardens

Electronic mail address ; info@aestellaklinika.hu

Phone number: 06/70-600-1325

15.5 The Service Provider will reply to written complaints within 30 days.

15.6 The Service Provider shall, if possible, remedy oral complaints on the spot and, if this is not possible, shall take a record of the oral complaint. The record shall be finalised, where possible with the agreement of the complainant, and a copy shall be given to the complainant. If the latter is not possible, the minutes shall be sent at the latest at the same time as the reply to the oral complaint – at the latest 30 days after the receipt of the complaint.

15.7 The Service Provider shall keep a record of all complaints, paying particular attention to the protection of personal data. The personal data collected shall be used exclusively for identification purposes and shall not be used for any other purpose of data collection

15.8 The data of the customer submitting a complaint shall be handled in accordance with the provisions of Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information.

15.9 The Service Provider shall forward the decision on the merits of the complaint to the complainant with precise, clear and unambiguous reasons and a written summary thereof.

15.10 If the complaint is rejected or if the 30-day statutory time limit for responding to the complaint has expired without result, the Patient may apply to the following bodies to the authorities;

– In the event of a breach of the law relating to consumer protection, the Patient who is a consumer may refer the matter to the Ministry of National Development or the competent district office. www.jarasinfo.gov.hu

– The Consumer Patient may initiate the procedure at the contact details of the Conciliation Body of the place where the consumer resides or where the service provider is established. The list of the county organisation is available here.

– In the case of cross-border disputes, the Patient can register his/her complaint electronically as an online dispute resolution contact point by clicking on www.bekeltet.hu ;

1016 Budapest, Krisztina krt.99. III.em 310.

Mailing address; 1253 Budapest, PO Box 10

E-mail address : bekelteto.testulet@bkik.hu

Fax : +36 1 488 2186

Phone : +36 1 488 2131

Depending on the nature of the case, the Patient may lodge a complaint with the following bodies, depending on the place of activity of the Service Provider:

patient’s representative

Dr.Ingrid Lengyel

ingrid.lengyel@ijsz.bm.gov.hu

+36 20 489 9609

15.11 If the Service Provider has violated the consumer’s rights during the complaint handling process (e.g. by not providing a timely or substantive response to a written or oral complaint, by misleading the consumer or by committing other violations of consumer protection law), the consumer may contact the competent territorial body of the National Consumer Protection Authority (NCPA).

The regional bodies of the NFH are the Consumer Protection Inspectorates of the county government offices, which can be found in every county: www.nfh.hu/teruleti

15.11 Issues not covered by these General Terms and Conditions are governed by the Civil Code, the 1997 CLIV Act on Health Care and other legislation.

XVI. Legal Notice

The data, documents, information, images, diagrams, writings, and graphics appearing on the website operated by the Service Provider, as well as the design of the website, are protected under the provisions of Act LXXVI of 1999 on Copyright and Act V of 2013 on the Civil Code.

By entering into the service contract, the Patient shall declare that he/she has read and understood these GTC and that he/she expressly accepts and agrees to the terms and conditions set out above. The GTC may be amended at a later date, which amendment will be posted by the Provider on the Clinic’s website and the current and valid GTC will be posted at the Clinic’s reception desk.

Dated: Budapest , 2023. march. 30

Aestella Clinic
Togala Service Provider Limited Liability Company

on behalf of:

Jacques Cousseau Bernard
Managing Director
Service provider