General Terms and Conditions (AGB)

THE CONTRACTOR:

Focus Dental Kft. (9200 Mosonmagyaróvár, Károly út 2-4. I. Building, attic 8th floor, company registration number: 08 09 008822; tax number: 12463583-2-08) The Contractor declares that it has the professional, official and operational licenses required for the provision of the services, as well as professional liability insurance related to the activities, which also applies to the persons acting in its field of interest.

THE CLIENT:

The client named in the cost estimate (hereinafter: CBA) or, if there is no written CBA, the person who actually uses the service.

1) The contracting parties agree that the dental outpatient care services selected by the client and the materials required for this are ordered and specified in accordance with these General Terms and Conditions (hereinafter: GTC) and the content of the KVA. If the service is used (by implied conduct), the contract with the content specified in these GTC shall be concluded even if the KVA is not signed for any reason. The KVA and GTC together form the contract, which may be supplemented by other documents (e.g. so-called ANAMNESE sheets, patient information, etc.) created during the use of the services.

2) The Contractor is obliged to provide the agreed services with the involvement of appropriately qualified dentists, specialist assistants, employees, other contractors working in the healthcare sector, freelance doctors, volunteers, additional employees, subcontractors and procured services. It is also his duty to provide the necessary dental and other materials on the dates and at the frequency agreed in advance between the treating dentist and the client.

3) By signing the KVA, the contracting parties expressly agree that the client is entitled to involve subcontractors in order to perform the services ordered - in particular dental care, dental technical activities, special medical procedures, treatments, accommodation services or other services requested by the client. The client is liable for the activities of the subcontractors involved as if he had carried out the activities assigned to the subcontractors himself. The Contractor shall sell the aforementioned procured services to the Client in unchanged form, but not necessarily at the same price.

THE CONSIDERATION FOR THE SERVICE:

4) The fees for the services provided by the Contractor and the material costs shall be set out in the KVA. If the KVA does not include the fees and material costs, the Contractor's current price list, which can be requested from the Contractor's website and viewed in printed form at the location of the dental practice, shall apply.

5) Unless otherwise agreed, the Contractor's offer - in particular with regard to fees and material costs - shall remain valid for 90 days after notification to the Client. If a contract is concluded between the parties and there is no agreement to the contrary, the Contractor shall be entitled to apply the price lists and conditions valid at the time the services are provided three months after conclusion of the contract.

6) Service fees and other conditions (such as the duration of treatment) set within the scope of the contract may vary depending on specific circumstances until the service is provided. Such circumstances may include, for example, incomplete or delayed provision of data by the Client, the individual physical condition of the patient, the course of the healing process, the results of clinical examinations or other professional reasons during the treatment, such as unforeseeable interventions or curative measures. If such a change occurs, the Contractor is obliged to inform the Client as soon as possible of the possible change in conditions and fees.

 TERMS OF PAYMENT:

7) In accordance with the contract, the client is obliged to pay the costs for the services, the materials used and the costs for procured services - in the absence of deviating provisions in the CBA - in accordance with the General Terms and Conditions (GTC):

a) The Client is obliged to pay the full amount of the service fees in full to the Contractor at the same time as the service is provided.

b) In the case of dental work, the client is obliged to pay fifty percent of the total fee as remuneration at the start of the order. The remaining 50 percent is due immediately upon delivery of the finished work (dental prosthesis). In the case of surgical procedures (e.g. implantation, bone augmentation, sinus lift, etc.), the fee must be paid before the start of treatment.

8) The parties agree that default interest shall be payable in the event of late payment. The amount of such interest shall correspond to the respective statutory default interest rate in accordance with Hungarian law (currently in accordance with Act No. V of 2013).

9) The payment obligation can be fulfilled using the payment methods accepted by the Contractor, such as cash, bank card, health card of the contracted partner and other accepted means of payment. The Contractor is obliged to inform the Client of the accepted payment methods if the Client so wishes.

10) The Contractor declares that it will not cover any travel expenses incurred by the Client in connection with dental treatment. The Client acknowledges and accepts that travel expenses, including but not limited to transportation, accommodation costs and other travel expenses, are the sole responsibility of the Client. The Contractor shall under no circumstances be responsible for such costs and shall in no way be obliged to reimburse them.

11) If the patient requests an esthetic change, the patient shall in any case bear the costs for the new temporary restoration fabricated at the patient's request.

DATA PROTECTION, INFORMATION:

12) The Client agrees that the Contractor shall treat the health data and personal identification data provided by the Client and collected about the Client during the treatment in accordance with the applicable laws and shall maintain and register them as business secrets. He also agrees that the Contractor may use his exclusively medical data and experiences from the treatment for scientific and research purposes.

13) The Client acknowledges that the data and information provided on the „GENERAL INFORMATION“ form about his/her state of health are necessary for the selection of the content of dental treatments and curative treatments and declares that the data provided are complete and that he/she must inform the Contractor of any changes during the treatment period.

14) The Client acknowledges and has no objection to the fact that audio and video recordings may be made at the Contractor's offices for security reasons and to fulfill the services and obligations associated with the contract, to exercise rights, to assert claims and to identify the Client. The Contractor is entitled to show the content of these recordings to its employees, agents, contributors, authorities, notaries and courts exclusively for the aforementioned purposes if required.

15) The contractor shall display patient rights information in the practices.

16) The Contractor's liability for breaches of contract is limited as follows, except in the case of damage caused intentionally and breaches of contract that affect human life, physical integrity or health:

It does not extend to:

a) the reimbursement of services used in another dental practice,

b) the reimbursement of travel and accommodation costs

c) damages other than those caused by the subject matter of the service which were not foreseeable by the contractor at the time the contract was concluded, including lost financial benefits.

 FURTHER PROVISIONS

17) The Contractor is under no obligation to conclude or maintain the contract. The Contractor shall be entitled to immediately suspend the treatments agreed under the contract or to terminate the contract immediately at its discretion if

a) the client does not meet its payment obligations or does so late;

b) the client does not, in the opinion of the contractor, cooperate adequately in the effective provision of the service(s), in particular if:

i) he does not follow medical instructions;

ii) disturbs other patients or employees through his or her behavior;

iii) his health or mental condition or any change in it could, in the Contractor's opinion, impede or prevent the proper provision of the service;

iv) regularly or repeatedly misses agreed deadlines without informing the Contractor in advance within the period specified in the contract;

v) arbitrarily deviates from the treatment plan,

vi) the Client refuses medical diagnostic procedures proposed by the doctor, including but not limited to oral examinations, X-rays (CT, panoramic, etc.) and digital scanning.

In the event of immediate suspension or termination of the contract, the client shall not be entitled to reclaim the costs paid up to the time of suspension or termination.

18) The Contractor shall assume the warranty in cases prescribed by law and for the duration specified therein. During the warranty and guarantee period, repairs/replacements shall be carried out at the respective location of the Contractor's practice. The warranty does not extend to the use of other dental practices or to the coverage of travel expenses.

19) The Contractor shall be released from its warranty obligation or its warranty obligation shall not extend to the following cases:

Temporary solutions during the course of treatment (temporary fillings, crowns, bridges, bonding, complete dentures, etc.)

  • Subsequent root canal treatments on crowned teeth
  • Defects and damage caused by improper use, accidents or extreme forces
  • Defects and damage that are demonstrably attributable to the fact that the Client has not followed the Contractor's instructions to maintain the condition
  • Deterioration in the client's health and resulting defects in the installed material caused by the client's lifestyle, bad habits (e.g. teeth grinding) or illnesses
  • In the event of loss of the denture or dental prosthesis
  • For loose or movable own teeth
  • For complaints resulting from natural reactions of the patient's body (e.g. allergies), diseases of the patient's body
  • If the client fails to attend the prescribed check-up and/or at least one annual check-up, refuses the x-ray or oral examination
  • If the client's complaint arises as a recognized possible complication of the treatment (e.g. the need for root canal treatment after a filling or other dental treatment)
  • In the event of gum recession or bone loss, unless it is proven that this is solely due to faulty performance by the contractor
  • If the client does not take advantage of the proposed treatments, if the complaint is the result of an incomplete series of treatments or if the client does not follow the dentist's instructions (e.g. does not wear a complete denture at night or does not use a proposed protective splint)
  • In the case of complaints that arise due to poor oral hygiene, smoking, alcohol consumption, drug or medication abuse, mental disorders of the client
  • In the event of a significant change in the weight of the client
  • For metabolic diseases (especially bone metabolism disorders), other serious general diseases (e.g. tumor, diabetes, epilepsy, osteoporosis, etc.) and the effects of the treatments received for them (medication, chemotherapy, radiotherapy, etc.)
  • Inadequate care and maintenance of dentures
  • For injuries from accidents or from martial arts or extreme sports
  • For the replacement of wearing parts, e.g. fastening elements of combined prostheses
  • For relining dentures, bruxism, progressive periodontitis
  • For injuries caused by the tube during anesthesia
  • If the client receives dental treatment or dental work from another dental practice during or after the treatment (except from partner doctors or contract clinics specified by the contractor)
  • If he does not report his complaint immediately or if he reports a quality complaint within the deadline but does not allow the complaint to be examined or rectified, does not appear for check-ups or treatments or does not place the dental prosthesis at the disposal of the contractor.

20) In matters not regulated in this contract, the provisions of Hungarian law, in particular the Civil Code, and other legal regulations relating to healthcare and healthcare services shall apply.

21) The parties stipulate that the rules of Hungarian law shall apply to the interpretation of this contract. Furthermore, in the event of a legal dispute arising from this contract, they agree that the Hungarian ordinary courts shall have exclusive jurisdiction, with the competent court being the Mosonmagyaróvár District Court or the Győr Regional Court, depending on the amount in dispute.