Terms and Conditions
DR. GOODWIN BEAUTY AND HEALTH CENTER LIMITED LIABILITY COMPANY
GENERAL TERMS AND CONDITIONS
The DR. GOODWIN BEAUTY AND HEALTH CENTER Ltd., as a provider of healthcare, health preservation, and beauty services (hereinafter: Service Provider), and the natural person using the services (hereinafter: Patient) (hereinafter jointly: Parties) have concluded individual legal relationships arising in connection with the provision of healthcare and other services - whether created orally, in writing, or by conduct - (hereinafter: Service Agreement) - unless the Parties have expressly agreed otherwise in writing - the provisions of these General Terms and Conditions (hereinafter: GTC) are applicable.
1. SERVICE PROVIDER'S DATA
Company Name: DR. GOODWIN BEAUTY AND HEALTH CENTER Ltd.
Executive Officer: Anita Éva Hazai, Managing Director
Registered Office: 1062 Budapest, Bajza utca 54. 1st floor 1.
Company Registration Number: 01-09-340392
Tax Number: 26707879-2-42
Phone: +361/600-5040
Email: info@drgoodwin.hu
Web: www.drgoodwin.hu
2. GENERAL PROVISIONS
2.1. By concluding the individual Service Agreement, the Patient acknowledges and accepts as binding for themselves the contents of these GTC.
2.2. If a Service Agreement is not reduced to writing between the Parties, these GTC shall be deemed accepted by the Patient upon their first registration with the Service Provider, their first personal appearance, or by conduct through the acceptance of data processing consent or registration of patient data, or by the utilization of services.
2.3. The Service Provider assures that its healthcare service activities fully comply with the applicable legal, professional, and ethical rules, and it possesses the necessary permits, as well as professional and material conditions for the performance of its activities.
2.4. The Service Provider provides the services undertaken in the Service Agreement while adhering to legal, professional, and ethical rules, keeping in mind the healthcare interests of the Patient. The Service Provider does not assume responsibility for the results of the services. The Service Provider informs the Patient, and the Patient acknowledges that healthcare services are provided based on the information made available to the Patient and the examinations required by laws and professional regulations. The Service Provider does not assume responsibility for complications arising from information withheld by the Patient, or for complications resulting from congenital, hereditary, or other diseases unknown to the Service Provider, which could have been diagnosed only by examinations not required by law or professional regulations.
2.5. The Service Provider is not burdened with contractual or maintenance obligations due to the private nature of the services provided.
3. SERVICE AGREEMENT
3.1. The Patient utilizes healthcare services provided by the Service Provider based on their own or their legal representative's decision.
3.2. The Parties may validly conclude the Service Agreement verbally, in writing, or by conduct. The Service Provider provides healthcare and other related services (hereinafter: Services) to the Patient in accordance with the individual Service Agreement and the conditions specified in these GTC.
3.3. The Service Agreement is concluded for a definite period. The legal relationship between the Parties is valid from the commencement of the provision of the Service by the Service Provider until its completion, unless otherwise provided in the Service Agreement. The provisions of these GTC, in force at any given time, shall apply to the use of the Services, with any deviations specified in the individual Service Agreement.
3.4. By using the Services, the Patient acknowledges that the Service Provider may engage third parties in the performance of its activities, for whose actions the Service Provider is responsible as if it had carried out the activities entrusted to the third party itself.
3.5. Services are provided by appointment. The Service Provider notes that due to the nature of the Services, there may be delays in providing the Services for any previously scheduled appointment, in which case the Service Provider shall proceed in accordance with the provisions specified in point 4.
3.6. Any external circumstances beyond the control of the Service Provider, unavoidable reasons, which were not foreseeable at the time of concluding the contract, and which could not have been expected from the Service Provider, and negatively affect the performance of this contract, shall be considered force majeure.
3.7. The Parties agree that a force majeure event does not constitute a breach of contract, nor does it provide a basis for the Patient to claim damages. The Service Provider specifies that force majeure events include, but are not limited to, the following: a) acts of God - including, but not limited to, natural disasters, war or other emergency situations, fire, labor strikes, as well as measures taken by authorities authorized under the defense law, b) unavoidable external intervention by the injured party or a third party, c) other external force not considered an act of God but having an unavoidable effect.
3.8. The Service Provider specifies that it considers the circumstances related to the COVID-19 pandemic as force majeure, hindering the performance of the contract.
3.9. In the event of a force majeure event, the Service Provider is obliged to compensate for damages, and in this regard, the following is offered: a) postponement of the planned Service to a later date - if the postponement does not endanger the life, physical integrity, or health of the Patient.
3.10. The fee for the Services is determined based on the price list valid at any given time on the Service Provider's website, with the current price list containing the base price of each type of surgical procedure. The price of surgeries is always determined by providing an individual quotation.
3.11. By accepting the provisions of the Service Agreement, the Patient acknowledges that every healthcare, cosmetic (aesthetic) intervention or treatment carries risks, and the Patient assumes all risks associated with the provision of the Service, regardless of the professional and careful behavior of the Service Provider or its assistant. The Service Provider specifies that the duration and course of recovery vary for each Patient, and the person providing the treatment or the Service Provider can only provide a prognosis of the course of recovery in general terms.
3.12. The Service Agreement can only be modified by mutual agreement, and the Service Provider has the right to unilaterally modify the GTC.
4. PROCEDURE OF SERVICES
4.1. General information
Provider's opening hours: Monday to Friday: 9:00 a.m. to 7:00 p.m.
Provider's contact details:
a) Address of the Beauty and Health Center: 1062 Budapest, Bajza Street 54. I./1.
b) Reception of the Beauty and Health Center: +361/600-5040
c) Email address: info@drgoodwin.hu
d) Website: www.drgoodwin.hu
4.2. Registration, Conclusion of Service Contract
a) Registration is possible during the opening hours of the Provider in person, by phone, as well as through online appointment booking. The Patient's appointment is considered valid upon verbal or written confirmation by the Provider. During the confirmation, the Provider informs the Patient – or a third party acting on behalf of the Patient – about the rules for canceling appointments and the rules in case of Patient delay.
b) If the Patient arrives late to the clinic compared to the agreed appointment, the Provider reserves the right to cancel the appointment; if there is time available and the delay does not exceed 15 minutes, the Provider will perform the agreed examination. If the Patient's delay exceeds 15 minutes, the Provider will offer a new appointment to the Patient. The Patient cannot claim any compensation in either case.
c) Considering the specific nature of the service, delays may occur compared to the agreed appointment time. The Patient cannot claim compensation for a delayed examination or intervention; the Provider excludes any liability resulting from any delay.
d) A new appointment is necessary before each visit by the Patient.
e) The Patient's data will be recorded, and the necessary declarations for the use of the services – especially, but not exclusively, the declaration concerning data processing (hereinafter: Data Processing Declaration) – and for signing before the receptionist of the Provider and the collaborating personnel performing the treatment – the declaration regarding the presentation of the risks of the intervention - will be completed and signed.
f) Before the start of surgeries or one-day surgical interventions, including in particular, but not exclusively, "endolift", eyelid plastic surgeries (hereinafter collectively referred to as Surgery), the Patient is required to accept the individual price offer in writing (hereinafter: Declaration Accepting Individual Offer). Incomplete or incorrect signatures do not affect the validity of the contract, which, in this case, is concluded by using the service as indicative behavior.
g) The Provider is entitled to refuse the provision of services until the Patient accepts and signs the declarations in e) and, in the case of Surgery, f).
h) In the absence of the signing of the Service Contract, any oral or written statement or indicative behavior by the Patient – or their legal representative – aimed at the provision of health services – such as using the service, paying in advance, booking an appointment - will be considered as a valid order.
i) The Patient or their legal representative is entitled to make declarations; the Patient decides to use the Provider's services at their own discretion, based on their own decision or that of their legal representative.
j) Before surgical interventions, the Provider informs the Patient in writing about the expected time of arrival and departure, the tasks - last time for food and drink consumption, regarding the surgical preparations -, as well as the content of the service.
k) Patients and their relatives are obliged to comply with the rules of the Provider's house rules.
l) The Provider records the health status and medical history of the Patient in an anamnesis form in all cases, and also keeps medical documentation about the healthcare interventions and treatments performed by them.
m) In the case of outpatient care, the Provider keeps outpatient records of the Patient's examinations and interventions, which documents are treated as patient documentation according to the relevant effective regulations, the rules related to the treatment of which are detailed in point 8 of this GTC.
4.3. Order, Cancellation:
a) The Patient is entitled to cancel the pre-booked Surgical appointment in accordance with the provisions of point 5.
b) The Patient is entitled to cancel the pre-booked Treatment appointment in accordance with the provisions of point 5.
c) The Provider records that cancellations of examinations that are carried out outside the premises of the Provider - considering the provisions of point 5 - can be made no later than 10:00 a.m. on the working day preceding the scheduled service. After this time, the Provider cannot consider the cancellation as valid, and the Patient – or a third party acting in their interest – is obliged to pay the full amount of the planned examination fee.
4.4. The Service Contract is terminated in the following cases:
a) by mutual agreement of the Parties,
b) upon the termination of the Provider without legal successor,
c) in the event of revocation of the operating license of the Provider,
d) by ordinary termination,
e) by immediate termination,
f) upon fulfillment of the contract,
g) upon the death of the Patient,
h) by the impossibility of the contract, including the case when the Patient's health condition does not allow the use of the (further) services according to the already signed contract.
4.5. The Patient is entitled to terminate the Service Contract with immediate effect at any time. However, the Patient is obliged to fully fulfill the obligations already assumed by the Provider and to pay the proportionate part of the services used and the consideration for the services ordered by the Provider.
5. PAYMENT
5.1. The Patient acknowledges that the Provider, as a private service provider, performs all services, especially healthcare services, as non-insured services financed by social security, for which reason the Patient is obliged to pay a fee to the Provider (hereinafter: Service fee). The Patient can find the indicative service fees for the services provided by the Provider at any given time on the Provider's website, as well as a complete price list at the Provider's reception. The Provider also provides information to the Patient by phone and email regarding the fees calculated based on the current price list or determined in individual offers. However, the Provider reserves the right to change these fees, considering the individual and healthcare nature of the service.
5.2. The Service fee includes the cost of medications, materials, and medical aids used during the provision of direct services. It does not include the cost of medications and medical aids required for the Patient's post-treatment care, nor does it include the cost of additional services required at a later stage.
5.3. The Service fee must be settled against the Provider's invoice primarily in Hungarian Forints - or in Euros upon request - in cash, by bank card, or by advance bank transfer at the time of service provision – prior to Surgical intervention. The Provider is entitled to unilaterally determine the range of health insurance cards accepted by them.
5.4. The Patient acknowledges that - in the absence of any other agreement - the legal relationship is established between them and the Provider, therefore the Patient is directly obligated to pay all fees to the Provider within the deadline indicated on the issued invoice. The Patient is not obliged to pay fees to external cooperating institutions/doctors of the Provider, unless the Parties agree otherwise.
5.5. In the case of Surgical interventions, the Patient is required to pay an advance equivalent to 50% of the Service fee (hereinafter: Advance) at the time of booking the Surgical intervention.
5.6. In the case of Surgical interventions, the Patient is required to transfer or pay in cash the amount of the Service fee reduced by the Advance to the Provider's bank account 14 days before the start of the intervention.
5.7. If the Patient cancels the order for a Surgical service after paying the Advance or the full amount of the Service fee but before the actual provision or utilization of the healthcare service:
i. at least 7 days before the date of the Surgery, they are required to pay 30% of the Service fee;
ii. within 7 days before the date of the Surgery, they are required to pay 50% of the Service fee;
iii. within 24 hours before the date of the Surgery, they are required to pay 100% of the Service fee as compensation (hereinafter: Compensation). If the Patient has partially or fully paid the Service fee or the Advance, they are obliged to reimburse the Provider with the amount determined in points i-iii, reduced by the amount already paid.
5.8. If the Patient does not appear for the Surgical intervention due to their own fault or appears in a condition unsuitable for the intervention, the rules regarding Compensation stated in point 5.7. iii. apply.
5.9. In case of payment delay, the Provider is entitled to refuse further healthcare services until the Patient settles their outstanding debt.
5.10. If the Patient fails to meet their payment obligation for the Advance within 3 (three) days after the deadline, the Provider is entitled to terminate the Contract for healthcare services already ordered but not yet provided with immediate effect by extraordinary termination, and the Provider explicitly excludes any liability for the consequences thereof.
5.11. The Provider is entitled to unilaterally modify the current Service fees. The Provider is obliged to publish the fact of the fee modification and the current price list on their website before the modification takes effect.
5.12. The modification of the Service fees by the Provider does not apply to the healthcare services already ordered by the Patient based on the concluded Service Contract, except in cases where the modification of the Provider's fees is due to changes in the fees of the services used or mediated by the Provider. In this case, the Provider is entitled to determine the amount of the Service fee differently from the amount specified in the Service Contract for the already ordered services.
5.13. If additional costs arise in addition to the Service fee, the Provider informs the Patient about this before starting the supplementary service. The Provider only provides these additional services after receiving the corresponding payment.
5.14. The provisions of this section do not affect the Patient's right to life-saving or to preventing serious or permanent health damage, as well as their right to alleviate pain and reduce suffering.
5.15. The Patient acknowledges that the Provider is entitled to enforce overdue claims against the Patient through legal proceedings if the payment has not been made despite a payment reminder. The Provider may use all available legal means to enforce its claims, transfer the claims to a third party, and charge the Patient for all additional costs associated with these enforcement methods.
In case of overdue and unpaid claims, the Provider is entitled to transfer the Patient's data to a lawyer appointed for the collection of the legitimate claim and to pass on all costs of the lawyer's procedure to the Patient as attorney's fees.
The fee for a payment reminder sent by a lawyer is 30,000 HUF + VAT. Any further activities performed by the legal representative to enforce the claim will be charged at 40,000 HUF per hour + VAT, according to the fee agreement outlined in the attorney's retainer contract.
The Patient expressly acknowledges that if the payment deadline for the outstanding debt is missed, all previously granted discounts will be voided. The payable amount will revert to the current list price instead of the discounted price. The debt will be collected at the non-discounted amount along with any additional costs incurred from enforcing further claims.
6. DISCOUNTS
6.1. The Provider explicitly states that any discount provided by them shall exclusively apply to the Patient only if and when the Service fee is paid without delay.
6.2. The Provider explicitly states that any gift vouchers issued by them can be used for a period of up to one (1) year from the date of issue, excluding seasonal promotions, including but not limited to Christmas and summer offers.
6.3. The Provider explicitly states that if any discount provided by them requires the payment of an advance and the Patient does not appear at the booked appointment, the Provider is entitled to retain the advance amount as compensation. The Provider explicitly states that the Patient is entitled to avail themselves of the discounted service only at the booked appointment. In the absence of express contrary instructions from the Provider, the Patient is not entitled to modify the appointment while maintaining the discounts.
7. SATISFACTION GUARANTEE
7.1. The Provider acknowledges that they provide a satisfaction guarantee to Patients regarding the Services they offer (hereinafter: Satisfaction Guarantee). Under this guarantee, if the Patient is not satisfied with the healthcare Service provided to them, they are entitled to a full refund of the Service fee in accordance with the provisions set forth in section 7.2.
7.2. The Provider explicitly states that under the Satisfaction Guarantee, the Service fee - including any Convenience fee charged in addition to the Service fee - shall only be refunded in cases justified by medical reasons.
8. PATIENT RIGHTS
8.1. Right to self-determination
8.1.1. The Patient is entitled to the right to self-determination. Accordingly, the Patient may freely decide:
a) whether to use the Service provided by the Provider, and if so, to which interventions they consent or decline – however, such behavior does not exempt the Patient from the obligation to pay for the services already provided,
b) on issues arising during their examination and treatment. If the Parties do not enter into a Service Agreement in writing, the consent to the examination and treatment shall be deemed to have been given by the Patient through the prior medical examinations, the medical records provided, or the Patient's signature on the invoice.
8.1.2. In case of incapacity, according to Act CLIV of 1997 on healthcare ("Healthcare Act"), the Patient is entitled to make a declaration – the Provider is entitled, according to the conditions specified in the Healthcare Act: a) to name a capable person who is entitled to exercise the right of consent or refusal on their behalf, or to be informed, b) to exclude anyone from exercising the right of consent or refusal, or from being informed.
8.1.3. The Patient's consent to the intervention is not required if they are in direct life-threatening danger, or if the failure to carry out the intervention or measure would seriously endanger the health or physical integrity of others, including a fetus over 24 weeks.
8.1.4. The Provider presumes the Patient's consent to interventions if, due to their health condition: a) obtaining a statement from the person designated by the Patient for exercising the right of consent would cause a delay; b) in the case of surgical interventions, obtaining a statement from the person designated by the Patient, or according to the provisions of the Healthcare Act, would cause a delay, and if the delayed performance of the intervention would lead to severe or permanent damage to the Patient's health.
8.1.5. If the Patient, without good reason, does not give their consent to the Service Agreement despite the general information provided by the Provider, or if they unreasonably withdraw their consent: a) they are obliged to compensate the Provider for any resulting damage, as well as for any reasonable and documented costs incurred, b) the Provider is entitled to terminate the concluded agreement, c) the Patient shall bear any damage resulting from their health condition.
8.1.6. If the Patient does not attend the control examination prescribed by the Provider or, in connection with the healthcare service used, fails to inform the Provider immediately or, if hindered, immediately after the obstacle is removed, or refuses the intervention offered by the Provider for the treatment of complications related to the healthcare service used or the examination required for diagnosis, they bear all consequences.
8.2. Right to access medical records
8.2.1. The Provider maintains healthcare documentation on the Patient, their personal data, medical history made available to them, and the Services provided.
8.2.2. The Patient is entitled to access the data contained in the healthcare documentation prepared about them. Furthermore, they are entitled to inspect the healthcare documentation and to request an extract or a copy of it from the Provider.
8.2.3. The Provider is responsible for the healthcare documentation, while the Patient is entitled to dispose of the data contained therein.
8.2.4. The Patient's health data must be disclosed without their consent if required by law, or if necessary to protect the lives, physical integrity, and health of others.
8.3. Right to information
8.3.1. By signing the Service Agreement, or in its absence, by signing the risk disclosure statement, the Patient declares that before commencing the Service, they have received all necessary information regarding healthcare:
a) the medical assessment of their health condition,
b) the recommended examinations, necessary interventions – including all possible consequences of failure to perform these, and about any existing illnesses or pain that may persist even after the intervention,
c) the scheduled dates of examinations and interventions,
d) the process and expected outcome of the examinations and interventions,
e) the recommended home care, lifestyle, and
f) they have been informed and received decision-making assistance regarding examinations and interventions, in a manner they understood, based on which they freely decided to enter into the Service Agreement and to use healthcare services, and
g) they have been informed about their patient rights and how to exercise them.
8.4. Right to communication
The Patient is entitled to communicate during inpatient care without disturbing other patients and the provision of the Service.
8.5. Right to choose a doctor
8.5.1. Patients have the opportunity to choose a specialist who is in a contractual relationship with the Provider at the time of entering into the Service Agreement, taking into account the provisions set forth herein. They are required to indicate this preference to the Provider when scheduling an appointment; failure to do so will authorize the Provider to designate the attending specialist. If the contractual relationship between the Patient's chosen specialist and the Provider terminates after the conclusion of the Service Agreement, the Provider is entitled to designate the attending specialist. In case the Patient withdraws, the Provider is entitled to the compensation as specified in detail in section 5.
8.5.2. Considering the medical nature of the Service, the Provider states that in unforeseeable circumstances – including but not limited to urgent surgery or illness – if the chosen doctor is unavailable, they will immediately inform the Patient of the unavailability of the chosen doctor, and whether they can arrange for a substitute doctor at the agreed time and if the Patient accepts this substitute person. If the Provider is unable to provide a substitute doctor or if the Patient does not accept the substitute person, the Parties will reschedule. The Patient is not entitled to any compensation for rescheduling due to the reasons mentioned above.
9. PATIENT OBLIGATIONS
9.1. The Patient shall cooperate with the Provider and is obliged to disclose their medical history and health condition to the Provider with due care, paying particular attention to the following:
a) previous illnesses, treatments, medication or use of health-promoting products, health-endangering risk factors,
b) anything that may endanger the lives or physical integrity of others, especially infectious diseases and illnesses or conditions that exclude certain types of work,
c) any previous declarations made by the Patient affecting healthcare.
9.2. The Patient is obliged to comply with the rules of home care following the Service and attend the scheduled follow-up examinations.
9.3. The Patient shall be liable for damages resulting from the failure to fulfill the obligations defined in points 9.1 and 9.2, and for any other consequences; therefore, the Patient is required to indemnify the Provider, and no compensation or damages are due from the Provider.
9.4. The Patient is obliged to comply with the current house rules and operating procedures of the Provider's healthcare facility and refrain from any behavior that endangers the health of others while on the premises of the Provider. In the event of a breach of this provision, the Provider is entitled to terminate the Service Agreement with immediate effect and to claim from the Patient the consideration for the services already performed, as well as any resulting damages.
9.5. The Patient is obliged to respect the rights of other patients and the Provider.
9.6. If the Patient violates any obligation set forth in these General Terms and Conditions, they are obliged to fully compensate the Provider for any resulting damage and the reasonable and documented costs incurred. Furthermore, the Provider is entitled to terminate the Service Agreement with immediate effect.
10. DATA PROTECTION, DATA MANAGEMENT
10.1. In order to use the Service, the Patient shall provide the Provider with at least the following data: surname and given name, maiden name, place and date of birth, mother's name, address, social security number (TAJ number), telephone number, and email address. Identification of the Patient is essential for concluding the Service Agreement. For this purpose, the Patient shall present an identity document – an ID card, passport, or driver's license – and their address card to the Provider.
10.2. By signing the Service Agreement – or, in its absence, by signing the data processing declaration – the Patient consents to and provides the Provider with at least the data specified in point 10.1. and any other health and personal data, information necessary for the performance of the Service Agreement. The Patient also agrees that the Provider's intermediaries, subcontractors providing mediated services may have access to the necessary data for the performance of services, and the Provider may transmit the necessary data to them. The Provider undertakes to publish on its website, in the Privacy Policy, the list of intermediaries participating in the provision of services.
10.3. The Provider processes data based on the Patient's prior consent declaration and in accordance with the provisions of Act XLVII of 1997 on the processing and protection of healthcare and related personal data.
10.4. The Patient acknowledges that the Provider forwards the results of medical examinations and related healthcare information to the attending physician performing the Service, who is authorized to provide the Patient with information about their content.
10.5. The Provider states that there is no possibility to disclose examination results or health information related to the Patient over the phone, with the exception of informing about life-threatening deviations, in which case the commencement of life-saving treatment or intervention is of paramount importance.
10.6. The Provider processes the Patient's data – including health data – in accordance with the consent declaration signed by the Patient, under the provisions of Act XLVII of 1997 on the processing and protection of healthcare and related personal data, Act CXII of 2011 on informational self-determination and freedom of information, and within the framework of the General Data Protection Regulation of the European Union.
10.7. The Provider takes all necessary measures with due diligence to protect the Patients' data as provided by law. The Provider publishes its Privacy Policy on its website.
10.8. The Patient treats the data and information related to the operation of the Provider that they become aware of during the Service as confidential and shall not disclose them to any third party, authority, or court without the Provider's consent – unless otherwise provided by law. This obligation of confidentiality shall remain in force even after the termination or completion of the Service Agreement.
11. COMPLAINTS
11.1. Complaints related to the Service may only be submitted in writing, either to the Provider's registered office as indicated in point 1 or by email. Complaints can only be accepted by the Provider from the Patient – their legal representative – or from their authorized representative confirmed in writing.
11.2. The Provider shall review the complaint within 15 (fifteen) days from the date of delivery and inform the Patient in writing of its position on the complaint.
11.3. If the Patient does not find the Provider's response satisfactory, they may contact the patient rights representative territorially competent according to the seat of the Provider:
Name: Dr. András Mina
Phone number: +3620 4899577
Email address: andras.mina@ijb.emmi.gov.hu
12. FINAL PROVISIONS
12.1. The Provider is entitled to unilaterally amend this GTC at any time. The modified GTC shall be published on its website in a consolidated form, and this fact shall be recorded on the website. The amendment of the GTC shall not affect the Service Agreement already concluded. The GTC shall enter into force upon publication on the Provider's website.
12.2. In the event of a legal dispute arising from or related to the Service Agreement, the Parties shall submit to the exclusive jurisdiction of the court having jurisdiction over the registered office of the Provider. Matters not regulated in this GTC shall be governed by Act V of 2013 on the Civil Code, Act CLIV of 1997 on healthcare ("Healthcare Act"), and the relevant Hungarian legislation in force at any given time. This GTC shall enter into force on [Date].
