General Terms and Conditions
1. GENERAL PROVISIONS
1.1 The General Terms and Conditions of Business (hereinafter referred to as "GTC") regulate the relations between the Client (or his/her legal representative or relative) (hereinafter referred to as "Client") and HENDI CENTRUM s.r.o. Krajinská 32, 921 01 Piešt'any, ID No.: 17 337 593, registered in the Commercial Register maintained by the Trnava Regional Court, Section: Sro, File No.: 21969/T (hereinafter referred to as "HENDI" or "Provider"), the Client and the Provider are hereinafter jointly referred to as the "Contracting Parties";
1.2. The Client is any natural person to whom the Provider provides services related to regeneration and reconditioning, therapeutic services, services of clinical speech therapy, physiotherapy, balneology and therapeutic rehabilitation or other related services (hereinafter referred to as "Services");
1.3 Legal relations of the Provider with the Client, not expressly regulated by these GTC shall be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, as amended, Act No. 250/2007 Coll., Act No. No. 576/2004 Coll. on health care, as well as related regulations. In the event of any differences between the GTC and the individual Contract, the text of the Contract shall prevail.
2. ORDER AND PAYMENT TERMS
2.1 The Client may receive an offer for the provision of the Provider's services:
a) from organisations through which the Client has already arranged similar services or stays in the past;
b) from the Provider's client department, through a client care specialist.
2.2 Based on information from the Internet, the Client may also order the service himself by telephone order; all current contacts are listed on the Provider's website http://www.hendicentrum.com/.
2.3 When ordering according to point 2.2, the Client specifies the date of service provision; in case the Client is not aware of available dates, the Provider's client centre will provide the Client with information about available free dates;
2.4 When creating the order, the Client shall indicate how the invoice for the services provided will be paid, i.e. whether the invoice will be paid by the Client alone or together with the non-profit organization or sponsor; this information is mandatory due to the necessity to indicate it on the advance invoice.
2.5 The Provider shall create a preliminary calculation of the package of ordered services or outpatient services in a timely manner, in which the Client will be informed about the costs associated with the provision of services and other possible benefits (e.g. additional services, meals and accommodation). The Client understands that the preliminary calculation corresponds to the normal course of the provision of services. In specific cases, the consulting physician may, in the interest of the Client, change the length or amount of services provided at his/her discretion;
2.6 Based on the Client's order, the Provider shall issue an advance invoice to the Client, which the Client is obliged to pay no later than 7 days prior to the scheduled provision of services to the bank account indicated on the advance invoice; the Client may also pay for the ordered services in cash by agreement with the Provider via e-cash;
2.7 Upon payment of the advance invoice by the Client, a legal relationship between the Provider and the Client is established
2.8 The Client's payment obligation is maintained in force even in the event of the assumption of the obligation to pay the costs by a non-profit organization or sponsor;
2.9 In the event of cancellation of the provision of services by the Client less than 30 days before the start of the provision of services, the Client may be charged a cancellation fee of 30% of the Provider's costs incurred in connection with the provision of services. In case of cancellation in less than 15 days, the Client may be charged a cancellation fee of 50% of the Provider's costs incurred in connection with the provision of the services. Exceptions to this point are set out in point 2.10;
2.10. In the event of illness of the Client, which the Client can prove with a medical certificate, all cancellation fees are waived; this also applies in the event of objective events (epidemics, personal demonstrable reasons, confirmation from the authorities, accident) that make the arrival of the Client impossible.
2..11. No later than 15 days after the end of the therapy, the Provider is obliged to issue a billing invoice, which will be sent to the Client's contact email or, if requested by the Client, to the address provided by the Client by post. This request must be made in writing by the Client and submitted by the end of the therapy. The sending of the invoice does not apply to invoices paid in cash at the Provider's e-cashier;
2.12. The acceptance of the Client is at the sole discretion of HENDI CENTRUM Ltd.
3. PRICE
3.1 The prices for individual services are listed in the Provider's price list, which is located at the Provider's reception;
3.2 The prices for individual services provided to the Client within the healthcare facility are listed in the price list without VAT, as the services provided by the Provider within the healthcare facility are exempt from VAT.
3.3 Other services provided by the Provider which are not covered by the services of the healthcare facility are listed in the price list inclusive of VAT.
3.4 All costs and bank charges associated with the transfer of money shall be borne by the Client.
4. LIABILITY FOR DAMAGES
4.1 The Client is obliged to indemnify the Provider in the event of damage (material/legal) caused by the Client or in the event of liability arising from a breach of these GTC or legal regulations applicable to the relationship between the Client and the Provider.
5. TERMINATION OF THE CONTRACTUAL RELATIONSHIP
5.1 The contractual relationship may be terminated:
a) by agreement of the Client and the Provider
b) by written withdrawal (letter, mail) by the Provider, whereby the Provider is entitled to withdraw in the following cases:
I. if the Client is in delay with the payment of any part of the remuneration for the services provided for more than 7 days,
II. The Client repeatedly fails to appear for the scheduled date of treatment and does not properly notify the Provider in advance of his/her failure to appear,
III. The Provider becomes aware that the Client is damaging the Provider's good name and/or reputation in relation to third parties,
IV. The Client fails to inform the Provider of his/her infectious disease or contraindication to the provision of such services,
V. If the Client or his/her entourage does not comply with the rules of the stay and thus endangers other patients or staff.
c) Both the Client and the Provider may also withdraw from the contractual relationship in cases of force majeure (e.g.
In case of termination of the contractual relationship according to a), c) of the preceding paragraph, the Provider shall refund to the Client the aliquot unconsumed part of the paid invoice for the individual days in the event of a), c) of the preceding paragraph.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1.The Client is obliged to notify the Provider not later than one day before the commencement of the provision of the service of the impossibility of attending the agreed appointment;
6.2.If the Client requests the interruption of the provision of services for health reasons, which he/she will be able to prove by a medical certificate, he/she has the right to a refund of an aliquot part of the prepaid days of the provision of services, or has the right to the provision of new alternative appointments by the Provider;
6.3. In the provision of the Services, each Client shall have the right to:
(a) protection of their dignity, respect for their physical integrity and psychological integrity,
(b) information regarding their health condition,
(c) provision of Instructions,
(d) refusal to provide Services, except in cases in which, according to generally binding legislation, Health Care may be provided without informed consent,
e) maintaining confidentiality of all data concerning his/her health condition, of facts related to his/her health condition, unless in the cases provided for by a special, generally binding legal regulation the Provider is exempted from such confidentiality,
f) alleviation of suffering/pain,
g) humane, ethical and dignified approach of the Provider.
6.4 The Client has the right to be only on the premises of the Provider's establishment and shall not, by his/her presence, disturb the operation of other establishments located in the same building as the Provider's establishment;
6.5 The Client shall comply with the Provider's security measures;
6.6. Informed Consent: the Provider is obliged to inform the Client about the purpose, nature, consequences and risks of the provision of services, about the choices of the proposed procedures and the risks of refusal to provide Health Care (hereinafter referred to as "Informed Consent or Instruction") in accordance with the provisions of Act No. 576/2004 Coll. on Health Care, Services Related to the Provision of Health Care and on Amendments and Additions to Certain Acts. The Provider is obliged to provide the Instruction in a clear, considerate, non-pressured manner, with an opportunity and sufficient time to freely opt for informed consent and appropriate to the intellectual and volitional maturity and health condition of the Client to be instructed. In token of the foregoing, the Client has signed the informed consent provided by the Provider;
6.7 The Client who has the right to Instruction pursuant to paragraph 6.2 above, or his/her legal representative, also has the right to refuse the Instruction. A written record shall be made of the refusal of the Instruction and the Provider shall be entitled to unilaterally refuse to provide the services;
6.8 The Provider shall not be responsible for the Clients' personal belongings which the Client stores outside the facility or in locked areas/closets designated for this purpose;
6.9 Taking photographs and video recordings: the Client has the right to take photographs or video recordings of his/her therapy at the time designated for this purpose. The making of any recordings of apparatus, equipment, personnel, rooms, etc., is only possible with the written consent of the Provider; the material so obtained may only be used for private purposes and may not be published anywhere;
6.10. The Client is obliged to provide the Provider with complete documentation of his/her health condition and not to conceal anything;
6.11. the Provider cannot guarantee, even with the best efforts of the staff, the improvement of the Client's health condition in connection with the services provided by the Provider.
7. LIABILITY FOR VALUABLE ITEMS
7.1 The Provider shall not be liable for valuable items that the Client fails to properly store with the Provider's management or in a place designated for the storage of items.
8. JUDGEMENTAL LEGAL AUTHORITY
8.1. The Slovak Republic court of local and subject matter jurisdiction shall have exclusive jurisdiction to decide on all disputes arising.
9. FINAL PROVISIONS
9.1 The Parties agree that all disputes arising out of or in connection with the contractual relationship shall be settled by mutual agreement. In the event of failure to reach an agreement, disputes shall be finally resolved by a competent court in the Slovak Republic;
9.2 By paying the advance invoice, the Client confirms that he/she has read these GTC and accepts the terms and conditions set forth herein.
In Piešt'any, on 15.1.2021