MEDICOVER WEBSHOP GENERAL TERMS AND CONDITIONS
1. Scope of General Terms and Conditions
- The material scope of these General Terms and Conditions (hereinafter referred to as: Terms and Conditions) covers the Contracts concluded with any purchase made at Medicover Webshop via the homepage of the Medicover Zrt. (registered address: 29-31. Váci Str. Budapest 1134, registered by the Metropolitan Court of Registration at the commercial register code 01-10-042382, hereinafter referred to as: Medicover). The Terms and Conditions and its integral annexes shall govern the process of order and purchase at the Medicover Webshop, the payment, the contents of engagement contract concluded upon online contracting, the use of the Services under Contract and the termination of the
- The personal scope of these Terms and Conditions covers every person ordering/purchasing a Service at the Medicover Webshop and using Service in accordance with an order/purchase at the Medicover
- This consolidated version with all amendments of the Terms and Conditions become effective from 1st March 2021 and it is applicable for the contracts concluded on or after 1st March 2021. Changes that enter into effect are indicated with italics and bold letters, the deletions are indicated with strikethrough.
- Call-Center: Telephone customer service operated by
- Client considered Consumer: natural person proceeding outside of the scope his/her profession, own occupation or business
- Entitled person: Natural person who is entitled to use Service in accordance with purchase, contracting via the Medicover Webshop. The Customer or person named by the
- Medicover/Service Provider: The Medicover Zrt. (postal address: 29-31. Váci Str. Budapest 1134, phone: 06-01/465-3100, e-mail: email@example.com), as private medical provider authorised to provide human health
- Medicover Medical Institution(s): The medical institutions operated at all times by Medicover, that is the Medicover Hospital and the Medicover Clinics. Current contact details at the https://medicover.hu website .
- Medicover Webshop: Web store operated by the Medicover Zrt., available at the website https://webshop.medicover.hu/.
- Customer: Legal entity, other organization without legal personality, competent natural person above the age of 18 (legal age) who purchases/orders a Service via the Medicover Webshop, enters into contract with the
- Client: The Customer and the Entitled person
- Contract: The contract entered into electronically with purchase, order through the Medicover Webshop.
- Service: Medical or other type of service provided by Medicover Zrt., available at all times at the Medicover Webshop and purchased
- Service Fee: Medical service fee determined by the Provider, published at the Medicover Webshop (at Medicover website).
3. Conclusion of the Contract
- The process of contracting/purchase:
- The Customer visits the https://webshop.medicover.hu/ page;
- Selects the Service(s) and adds them to the ‘Cart’;
- Clicks the ‘Proceed to Checkout’ button on the ‘Cart’ screen then provides the billing and contact details;
- The Customer accepts these Terms and Conditions and declares to have read the Privacy Notice then clicks on the ‘Next’ button;
- On the ‘Cart Summary’ screen, the Customer reviews the Service(s) added to the ‘Cart’ and clicks on the ‘Order/Purchase’ button;
- The Customer chooses the payment method on the ‘Payment’ screen clicks on the ‘Continue to payment with credit card’ button;
- In case of payment with credit card, The Customer pays using the Simple Pay service;
- Finally, the Provider sends a confirmation e-mail on the order/purchase.
2. Prior to the finalization of the purchase, that is the contracting, the Customer may modify the details provided and correct the possible typing mistakes by clicking on the ‘Back’ button.
3. The Contract is not considered a written contract but the purchase is recorded and registered by the Medicover, its details will be accessible afterwards. The direct link to these Terms and Conditions and the details of the purchase are included in the confirmation e-mail sent as a purchase confirmation.
4. The language of the Contract concluded upon purchase is Hungarian.
5. The Medicover has no code of conduct based on the act on the prohibition of commercial practices that are unfair to consumers.
6. The natural person Customer may only be a person being at least 18 years of age. If a person not meeting this condition submits an order at the Medicover Webshop, the Contract will not be concluded.
7. Unless otherwise specified, the Contract will be concluded for a definite period necessary for the completion of the Parties’ Service (payment on the part of the Customer, Service on the part of the Provider).
8. Unless otherwise specified, the Service may be used following payment, for 5 years from it (within expiration period).
4. Completion of the contract
4.1. General Rules for Using Health Care Services
- The Medicover provides healthcare Service only at a time prearranged on phone during its business hours according to its operating schedule.
- The Provider does not provide emergency and on-call medical activities.
- Appointment can be booked only via the Provider’s Call Center on phone number +36 1 465 3131 and, depending on the capacity of the Service Provider, in writing in a chat window (‘Medicover Chat’) operated on the Service Provider’s website. The Provider provides slots depending on its actual capacity.
- Location of the delivery of the healthcare Service: Unless otherwise specified, the actual Medicover medical institutions that is the Medicover Hospital and the Medicover Clinics operated by the Provider.
- The Medicover provides the healthcare Service in accordance with the actual Hungarian laws in effect (in particular the Act on Health), these Terms and Conditions, and professional protocols, regulations and professional guidances. The healthcare services available for purchase at the Medicover Webshop may only be used by an Entitled person under age of 18 exclusively in accordance with the related professional regulations and protocols.
- The Medicover possesses the personal and material requirements, and the appropriate administrative authorisations required for the completion of the healthcare Service.
4.2. Rights and Obligations of the Parties
- During the provider of Services, the Provider is entitled to use a contributor, the conduct of which it is responsible just as if the Provider had acted itself.
- The Provider during its healthcare service activity shall proceed at all times with the utmost care, taking into account the Entitled person’s interests, however, for the realization of the (health) result (due to several conditions beyond its influence and prediction), it cannot take on responsibility.
- In case of using healthcare Service, the Entitled person is obliged to arrive and register 15 minutes prior to his/her booked appointment at the reception desk of the Medicover Healthcare Institution.
In case of being late for any reason – due to keeping to the subsequent appointments – the Provider is not obliged to provide service at the given time. In this case the Provider provides a new appointment by booking via its Call-Center.
- Notwithstanding the careful planning and the strict keeping to the scheduled times, the provision of services may experience delays. In this case the Provider can only receive the Entitled person with delay or the Provider provides the booking of a new appointment via its Call-Center. The Provider may only be responsible for the possible damages resulting from the delay if the delay was due to reasons attributable to it.
- The booking of an appointment for the healthcare Service entails responsibility. The Client is entitled to cancel the booked appointment 48 hours in advance via the Provider’s Call-Center. The cancellation within 48 hours is not permitted; if the Client does cancel the booked appointment within 48 hours, he/she is to pay penalty. The amount of the penalty is equal to the amount of the Service fee paid previously. The Provider is entitled to settle its penalty claim due to breach of contract from the previously paid Service fee. The Provider is further entitled to claim its damage exceeding the penalty towards the Entitled person.
- If the Client fails to appear and registers in time for any reason or the healthcare Service cannot be provided, the examination cannot be conducted for any reason arising from the Client’s side (in particular but not exclusively, if he/she revokes his/her consent for the health care for reason without a good reason or will not cooperate with the healthcare staff or if he/she prevents or hinders the provision of service with his/her behaviour – not including the case of revocation medically justified), then the previously paid amount will not be reimbursed, it may be used by the Medicover to settle its claim for damages arising from the loss due to unused appointment, non-performed examination.
- The right of the Entitled person to choose a doctor may be exercised depending on the Provider’s modus operandi within the framework set by the Provider.
- The Entitled person is obliged to adhere to the Provider’s modus operandi and the contents of its policy during the use of the healthcare Service.
- The Entitled person is to cooperate with the Provider and inform it on any condition which is necessary to draw up the medical history, to conduct the examination, the performance of the treatment, in particular: earlier diseases, treatments, interventions, medicines and other substances taken, furthermore the sensitivity to certain medicine and risk factors harmful to the health (for example: harmful habits related to lifestyle). The Entitled person is further obliged to inform the Provider on any conditions which may endanger others’ life or physical integrity, thus in particular on any infectious disease or the suspicion thereof. The Provider is not liable for those damages the occurrence of which is attributable to that the Entitled person did not fulfill properly or at all his/her obligation to provide information according to these Terms and Conditions and the related legislation.
- The Client in the Medicover Medical Institutions shall refrain from any behaviour which may disturb the peace of mind or the care of the other Clients, thus it is expressly forbidden to shout, listen to loud music and to behave in any way capable of causing outrage or alarm in others.
- The Client is to handle the employees of the Medicover and in particular the healthcare staff with respect and politeness; he/she may not express hurting, rude, aggressive or violent behave.
- In the Medicover Medical Institutions, due to the protection of the Clients and the employees and the business secrets of the Medicover it is forbidden to make video and/or audio recording.
- In the territory of the Medicover Medical Institutions and within 10 meters from their entrances it is forbidden to smoke including the use electronic cigarette and the electronic cigarette imitating smoking.
- The consumption of alcohol is forbidden in the territory of the Medicover Medical Institutions.
- It is forbidden to take living animals to the territory of the Medicover Medical Institutions, excluding the assistance dogs (for example: guide dog).
- The Entitled person is obliged to appear at the previously booked time in an appropriate condition (physical and mental) which enables the provision of the healthcare Service. It is not considered to be appropriate condition which hinders or prevents the provision of services; thus in particular intoxicated, aggressive condition due to consumption of alcohol or narcotics.
- The prerequisite of the use of the healthcare Service is to provide an informed consent required by law or professional protocol. The informed consent given for the provision of the healthcare Service may be revoked at any time, however, the Entitled person is obliged to compensate for the damages of the Provider resulting from the revocation without good reason.
- The Provider is not liable for those damages the occurrence of which is attributable to that the Entitled person did not adhere to the medical instructions or suggestions of the Provider’s physician or breached his/her obligations according to these Terms and Conditions.
- The Provider is not liable to the possible damages resulting from the delay or cancellation of the provision of service if the cancellation or delay occurred due to an unpredictable reason out of its control (in particular power outage, machine failure, natural disaster, flood, earthquake, governmental, state restrictive measures, epidemiological administrative measure and other epidemiological restriction, etc., that is force majeure).
- The Client and the Medicover are to inform each other on any change in their contact details not later than 2 days after the occurrence of the change; the Provider by publishing it on the Medicover Webshop interface, the Client via mail addressed to Medicover or via the Call-Center. In case of failure to fulfill this obligation, any detriment resulting from the failure is burdened to the party in default.
- The Parties are obliged to keep any business secret they became aware of during the term of the Contract. Thus the Client is obliged to keep any information learned in connection with the Contract, related to the operation of the Provider and considered business secret pursuant to the applicable legal rule, shall not disclose it to third person and shall not publish it. The obligation of confidentiality does not apply to such information which is well-known, public or generally known, furthermore to which the obligation of confidentiality does not apply according to the applicable legal rule. The Provider is obliged to keep the medical secret in accordance with the related legal rule.
- The Customer is obliged to inform the Entitled persons on the conditions defined in these Terms and Conditions and the related Annexes. Any possible detriments resulting from the failure to comply this obligation are burdened to the Customer.
4.3. Rules Applicable to Payment
- The Entitled person shall pay for the Service the Service fee published at the Medicover Webshop, applicable at order/purchase.
- Medicover Webshop allows only electronically payment by credit card (via the Simple Pay application);
- The Customer shall pay the Service fee in advance, simultaneously with the purchase at the Medicover Webshop.
- In case of late payment, the Provider is entitled to apply late payment interest and, in case of posting a notice of call, an administrative fee of 4000 HUF related to the enforcement of the claim.
- The Provider is not obliged to commence the provision of Service until the Customer pays the Service fee.
5. Termination of the Contract
- The Contract is terminated:
- upon the expiry of the period specified in Part 7,
- upon the dissolution of the Provider without legal successor, revocation or loss of its operating licence,
- upon the dissolution or death of the Customer without legal successor.
2. The Customer and the Medicover is entitled to terminate the Contract in writing, by mutual consent at any time.
3. The Contract, due to its definite term, cannot be terminated by ordinary notice.
4. Customer – by a unilateral written legal statement addressed to the Medicover – is entitled to terminate the Contract with immediate effect, if:
- the Medicover breaches its obligations according to these Terms and Conditions (and its related Annex) and fails to fulfill them despite demand;
- the Medicover denies the provision of services wrongfully, violating the provisions of these Terms and Conditions (and the related Annexes).
5. The Provider – by a unilateral written legal statement addressed to the Customer – is entitled to terminate the Contract with immediate effect, if:
- the Customer breaches his/her obligations according to these Terms and Conditions (and its related Annex) and fails to fulfill them despite demand;
- fails to pay the Service fee within the deadline;
- does not comply with his/her obligation to provide information or does so inadequately;
- culpably appears at the Medicover Medical Institution in a state unfit for provision of healthcare services;
- revokes his/her consent for the healthcare without good reason, interrupts the medical examination,
- exhibits hurting, rude, aggressive or violent behaviour towards the employees of the Medicover,
- exhibits behaviour disturbing the peace of mind and the treatment of the Medicover’s clients in the territory of the Medicover Medical Institution.
6. In case of the cessation of the Contract for any reason the Parties shall account for each other, under which the Customer is obliged to relieve the Provider from any obligation possibly undertaken towards third persons, related to the Contract between the Parties for the provision of services.
7. In case of the purchase, order of the healthcare Service at the Medicover Webshop, the Customer – with regard to the Point c) of §2 of Government Decree 45/2014. (II.26.)) – is not entitled to the right of withdrawal/termination of 14 days.
6. Other Provisions
6.1. Information on Processing of Personal Data
- The purpose of the Medicover’s processing of the personal details given during the order by the Customer is the conclusion and completion of the Contract, provision of Service. The legal basis of the data processing is the completion of the Contract (GDPR Art. 6. Par. (1) Pt. b) ). The Customer gives the personal details in relation to the Contract upon the submittal of the order/purchase to the Medicover, without which a Contract cannot be made, Service cannot be provided. The purpose and the legal basis of the processing of the personal details generated during the provision of services is the provision of service and fulfilling legal obligations (GDPR Art. 6. Par. (1) Pt. b), Art. 9. Par. (2) Pt. h) ).
- The Medicover shall process the personal identification and contact details in case of using healthcare service, as a part of the medical documentation, for 30 years according to legal rule. In case of other personal details not being part of the medical documentation the retention period is 5 years, in case of accounting documents containing personal data it is 8 years in accordance with the Act on Accounting (and, in case of electronic invoice, in case of the szamlazz.hu service it is 8+1 years). Upon expiration of these deadlines the personal details will be deleted, fortified.
- The Medicover does not transmit the personal details to third country outside the EU and does not use the data for automated decision-making. The Medicover uses the following data processor in connection with the electronic payment:To use the SimplePay online payment method, the OTP Mobil Kft [registered address: 17-19. Hungária krt. Budapest, 1143]. Scope of the transmitted data: name, e-mail address, amount, date of completion, billing and delivery details; The type and purpose of the data processing activity done by the data processor is available in the Privacy Notification of SimplePay at the following link: http://simplepay.hu/vasarlo-aff.In case of issuance of an electronic invoice, the KBOSS.hu Kft. [szamlazz.hu – registered address: 7. Záhony Str. Budapest, 1031] Scope of the transmitted data in particular: name, e-mail address, amount, description of service. The type and purpose of the data processing activity done by the data processor is available in the Privacy Notification of Szamlazz.hu at the following link: https://www.szamlazz.hu/adatvedelem/.
- In connection with the data processing of Medicover the affected Customer may inquire on the processing of his/her personal data, may request the rectification of his/her incorrectly registered personal data, the deletion of his/her personal data, is entitled to object to the data processing, to request its restriction, in case of consent, he/she is entitled to revoke it, has the right for data transfer and may apply to court or authority for the enforcement of his/her rights.
- Concerning any issues on data processing and the exercise of the rights detailed above, the Data Protection Officer of the Medicover may be consulted (e-mail address: firstname.lastname@example.org, postal address: 29-31. Váci Str. Budapest, 1134), or claim may be filed at the National Authority for Data Protection and Freedom of Information (registered office: 22/c, Szilágyi Erzsébet fasor, Budapest, 1125, postal address: Budapest 5., e-mail address: email@example.com, phone: +36 (1) 391-1400; website: http://naih.hu).
- Detailed information on the data processing of Medicover is available in the Privacy Notification at the Medicover’s website (https//: medicover.hu).
6.2. Complaint Management
- Management of complaints related to the Service purchased at the Medicover Webshop is possible according to the following:In case of oral complaint:
– in person: At the Medicover Medicover Medical Institutions in business
– on phone: Via the Medicover’s Call Center (recorded line): +36 1 465 3131, from 7 a.m. to 8 p.m. on business days.In case of written complaint:
– in letter delivered to the Medicover Medical Institutions in person or by other person with a valid written letter of authorization. If the Client is acting by a representative, the letter of authorization is to be recorded in an authentic instrument or a private document providing conclusive
– by post, to the following address: Medicover Egészségközpont Zrt., 29-31 Váci Str. Budapest, 1134.
– by electronic mail to the firstname.lastname@example.org e-mail address,
– by fax to the fax number +36 1 465
The detailed rules related to the complaint management of the Medicover is contained in the Medicover’s complaint handling policy, available at the https://www.medicover.hu/kapcsolat/panaszkezelesi-szabalyzat-medicover-zrt website.
3. The Contract may be modified in writing with the mutual consent of the Parties at any time.
4. The statement is also considered written if done via e-mail.
5. Contact information of the Provider, to which the written legal statements are to be addressed: e-mail: email@example.com, postal address: 29-31 Váci Str. Budapest, 1134.
6. The legal statement transmitted via e-mail is deemed delivered when it becomes accessible to the addressee. The legal statement transmitted via e-mail is deemed delivered at the time determined as time of receipt on the advice of receipt; in case of refusal of receipt, at the time of refusal; in case of postal indication ‘refused’, ‘moved’ or ‘recipient unknown’, on the 5th day from the posting of the document. In case of delivery in personal or by courier the statement is deemed delivered at the residential address specified by the Client, in case of Provider, at the address 29-31 Váci Str. Budapest, 1134, at the time of handover to the person entitled to receive consignment on behalf of the Client or the Provider.
7. These Terms and Conditions and the Annexes are under legal protection. Their transfer or use in part or as a whole is
7. Final Provisions
- Simultaneously with the on-line contracting, the Client declares to accept the provisions of these Terms and Conditions.
- To the online purchase and use of the Services, these Terms and Conditions shall apply. To any issues not covered in them the current Hungarian legislation, in particular the provisions of the Act CLIV of 1997 on health and the Act V of 2013 on the Civil Code, and the governing professional protocols, requirements guiding the provision of healthcare services shall apply.
- The Medicover reserves the right to amend the contents of these Terms and Conditions at any time which amended Terms and Conditions will be disclosed on themedicover.webshop.hu website. The amended Terms and Conditions – unless otherwise specified – are to be applied to the Contracts concluded after their entry into force.
- This English text is a translation from Hungarian. The original and applicable text is Hungarian. In case of any discrepancies the Hungarian version shall be applied.
MEDICOVER GIFT CARD GENERAL TERMS AND CONDITIONS
1. Scope of Terms
- This Annex ‘A’ is the integral part of the Terms and Conditions and contains the particular provisions applicable to the Medicover Gift Card. Its material scope covers the Contracts concluded with the purchase of the Medicover Gift Card and the use of the card. Its personal scope covers the Customer of the Medicover Gift Card and the persons entitled to use the Medicover Gift Card (Entitled persons)
- This Annex ‘A’ enters into force, on 2nd October, 2020.
- Issues not regulated in this Annex ‘A’ shall be governed by the provisions of the Terms and Conditions. The terms appearing in this Annex ‘A’ – unless specified otherwise – have meaning identical to the terms specified in the Terms and Conditions
- Medicover Gift Card: A voucher issued in electronic or physical form by the Medicover to be used in relation to the services and under the terms defined in this Annex ‘A’.
- Services: The use of the Medicover Gift Card or the amount registered on it.
3. General Rules
- The Medicover Gift Card can be purchased by the following methods:
- Electronically at the Medicover Webshop;
- In person at the Medicover Medicover Medical Institutions.
2. The payment of the amount of the Medicover Gift Card can be done in addition to the methods defined in the Terms and Conditions upon purchase in person: by credit card, in cash, by health care fund card (if the Provider is in contractual relationship with the given health care fund). The card cannot be purchased with an other Medicover Gift Card.
3. The forms of the Medicover Gift Card:
- physical plastic card,
- virtual card.
4. The delivery of the physical card to the Customer can be done:
- Delivery by courier in the area of Budapest in case of the purchase of a Medicover Gift Card with a minimum amount of 50 000 HUF,
- In person at the Medicover Medical Institutions,
- by postal delivery.
The virtual card will be transmitted via e-mail for the Customer.
5. The Provider is obliged to make the Medicover Gift Card available to the Customer only after the receipt of the uploaded amount.
6. The Medicover Gift Card may be purchased with a minimum amount of 10 000 HUF. Beyond this, the Customer may freely decide upon the amount to be uploaded to the card.
7. The Medicover Gift Card can be uploaded again via the Call-Center within its validity period.
8. A Customer may purchase multiple Gift Cards.
9. The crediting and accounting of the amount recorded on the Gift Card is done in Hungarian forint.
10. The amount recorded on the Gift Card cannot be exchanged to cash, furthermore the Medicover will not pay or credit interest for the amount. The Medicover Gift Card is not considered money or security.
11. The Medicover Gift Card may not be redeemed.
12. Following the handover of the Medicover Gift Card, its handling and safekeeping is the responsibility of the Client. In case of damage or loss of the physical card the Customer may request its replacement at his/her own expense.
13. The Medicover Gift Card is valid for 1 calendar year from its upload, that is the receipt of the amount of the card by Medicover. The amount recorded on the card can be used exclusively within its validity period. If, prior to the expiration of the validity period the Customer could not use the amount recorded on the card because the Medicover was unable to provide appointment within the validity period, then the validity period of the card will be extended up to the appointment provided by the Medicover. Following the expiration of validity the amount remaining on the Medicover Gift Card will be reimbursed upon the Customer’s written request containing the data required for the reimbursement.
14. The Medicover reserves the right to revoke the Medicover Gift Card within the validity period with the reimbursement of the remaining amount to the Customer.
15. The Contract is in effect until the complete use of the amount recorded on the Medicover Gift Card but for a definite period not exceeding the validity period of the card.
- The Customer may assign the Medicover Gift Card to a natural person of his/her choice. After this, the card may not be assigned to other person.
- The amount registered on the Medicover Gift Card may be used after the activation of the card. The activation requires the identification of the Entitled person by the Call Center. The identification is done by entering the personal identification data and the card identification number. The Medicover Gift Card gets active status after identification, thus its amount can be used.
- The Medicover Gift Card and the amount recorded on it may be used by the Entitled person who is identified during the first contact with the Call-Center in relation to the given card. The Gift Card may not be used by other person or subsequent different persons.
- The Provider is not obliged to check and inspect whether the Medicover Gift Card was legitimately assigned to the person applying for identification, thus the Medicover is not responsible if the person applying for identification in the possession of the card is not the person for whom the card was intended by the Customer.
- The amount recorded on the Medicover Gift Card can be used exclusively for the healthcare services provided at the Medicover Medical Institutions by the Provider and those provided by the associated enterprises of the Medicover. In particular: outpatient services, diagnostic tests, laboratory tests, inpatient treatments, surgeries, E-doctor, E- prescription service and dental services provided by the M Dental Kft. According to medical professional regulations, in case of the use of Medicover Gift Card, the referral is still required for referral tests.
- To the healthcare services provided by the Medicover or its affiliated enterprises, used with the amount recorded on the Medicover Gift Card (their provision and use), the provisions of the Terms and Conditions shall apply.
- The booking of the first appointment may also be done simultaneously with the activation of the card. At booking, the Entitled person shall indicate if he/she would like to settle the fee of the healthcare service using the amount recorded on the Gift Card. In this case the payment of the fee of the healthcare service with Gift Card is done in such way that the Provider, simultaneously with the booking of the appointment, deduces the list price of the booked healthcare service from the amount recorded on the Medicover Gift Card. The actual list prices are disclosed at the Provider’s website.
- The amount on the Gift Card may be used in its entirety, without discount (and exclusively up to the paid amount). During the use of the amount of the Medicover Gift Card the Entitled person may not use the discounts provided from the list prices by the Medicover Zrt. and its associated enterprises, in particular the M Dental Kft., except if the Entitled person has a Medicover health insurance, in which case he/she is entitled for a discount from the Provider’s list prices according to the rules defined in the contract of insurance.
- It is not a prerequisite of the use of the healthcare service that the Entitled person carry his/her physical plastic card to the Medicover Medical Institution or any institution operated by its affiliated enterprise
- If the Entitled person wishes to use a healthcare service of a value higher than the amount he/she has on the Medicover Gift Card, then the remaining amount is to be paid upon the registration at the Medicover Medical Institution or the institution operated by its affiliated enterprise – prior to the provision of service.
5. Other Provisions
5.1. Right of Withdrawal/Termination
- In case of purchase of Medicover Gift Card at the Medicover Webshop the client considered consumer may withdraw from the contract without justification within 14 days from the conclusion of the contract, or – if the Medicover Gift Card had been activated and its use began within this period – he/she may terminate the contract.
- The Customer upon purchase with the acceptance of these Terms and Conditions acknowledges that he/she loses his/her right of denunciation – in accordance with the relevant legal rule – after having used the entire amount recorded on the Gift Card, the right of denunciation cannot be
- The Customer may exercise his/her right of withdrawal/termination by sending an appropriate, clear statement addressed to Medicover to the Medicover (to its postal address: 29-31 Váci Str. Budapest, 1134 or its electronic access: firstname.lastname@example.org). The statement may be made using the following sample statement according to the Annex 2. of Government Decree 45/2014. (II.26.):
To: Medicover Zrt. 29-31 Váci Str. Budapest, 1134., phone: 06-01/465-3100, e-mail: email@example.comThe undersigned I/we declare that I/we wish to exercise practice my/our right of withdrawal in respect of the sale and purchase agreement of the following product/products or the provision of the following services:Date of contract/date of receipt:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s): (only for printed declarations)
- The Medicover returns the amount paid by the Customer within 14 days from becoming aware of the withdrawal, with the payment method having been used by the Customer. In case of having purchased a Gift Card at Medicover Medical Institutions, the reimbursement will be done by transfer to the bank account specified by the Customer.
- In case of termination following the beginning of the use of the amount recorded on the card, the remaining amount will be reimbursed within 14 days from becoming aware of the termination.
- In case of withdrawal/termination, the costs resulting from the returning of the physical plastic card to the Provider is to be borne by the Customer.
5.2. Information on part warranty:
- In what cases can the Customer exercise his/her part warranty right?
In case of defective performance by the Medicover, the Customer may validate its warranty claim, pursuant to the provisions of the Civil Code.
- What rights does the Contracting Party have based on his/her part warranty claim?
According the Customer’s choice, he/she is entitled to the following claims related to part warranty: He/she can request repair or replacement, unless the remedy of the Customer’s choice is impossible or would incur disproportionate additional costs for the Medicover related to the completion of his/her other request. If the Customer did not request, or was not able to request repair or replacement, he/she may request reducing the compensation proportionally, he/she may repair the defect or have it repaired by a third party at the Medicover’s expense, or – as a last resort – he/she may withdraw from the contract as well. The Customer can transfer from his/her chosen part warranty right to an other, however, the costs of transfer is charged on the Customer, unless it was justifiable or cause was given by the Medicover.
- What deadlines apply for the part warranty claim?
The Customer is obliged to announce the defect immediately after it is discovered, but no later than within two months after such discovery. However, outside the expiration time of two years from the completion of the contract, the part warranty right cannot be exercised.
- Against whom can the Customer exercise his/her warranty rights?
The Customer may exercise his/her warranty rights against the Medicover.
- What other conditions are there for the Customer to exercise his/her part warranty rights?
There is no additional prerequisite to the application of the part warranty claim within six months from the completion other than the reporting of the error if it can be proven that in case of Gift Card it had been provided by the Medicover. After the expiration of 6 months from the completion, however, the Customer is to prove that the error discovered by him/her had already existed in the time of completion.
5.3. This English text is a translation from Hungarian. The original and applicable text is Hungarian. In case of any discrepancies the Hungarian version shall be applied.
MEDICOVER HARMONY GENERAL TERMS AND CONDITIONS
1. Scope of Terms
- This Annex ‘B’, as an integral part of the Terms and Conditions, contains the special provisions applicable to the Medicover Harmony family healthcare service package. Its material scope covers the Contracts concluded with the purchase of the Medicover Harmony package. Its personal scope covers the Customer of the Medicover Harmony and the persons entitled to use of the healthcare services included in the package according to this Annex ‘B’.
- This consolidated version of Annex ‘B’ enters into force with all amendments of the Terms and Conditions become effective from 2nd March 2021 and it is applicable for the contracts concluded on or after 2nd March 2021.
- Issues not regulated in this Annex ‘B’ shall be governed by the provisions of the Terms and Conditions. The terms appearing in this Annex ‘B’ – unless specified otherwise – have meaning identical to the terms specified in the Terms and Conditions
- Acute disease: Quick-course disease with acute symptoms, lasting from a few days to 2-3 weeks.
- Family/Family member: For the purposes of applying this Annex ‘B’, the Family consists of the following natural persons (Family Members) living in a common household: wife, husband/unmarried partners (that is, parents) and their children (including also step, adopted or fostered child).
- Package expansion: The expansion of the service scope of the Medicover Harmony start package with contract amendment upon the initiation of the Customer, in accordance with the conditions included in this Annex ‘B’.
- Entitled person(s): The Customer entitled to use the Service, moreover, the Family Members specified by the Customer – in accordance with the rules of this Annex ‘B’ – being between the age of 6 months and 65 years.
- Common household: Common household includes those natural persons habitually resident in a dwelling among whom the adults jointly bear – at least partially – the expenses of the existence (e.g.: food, daily expenditure).
- Chronic disease: Long-term slow-course disease which significantly deteriorates the patient’s quality of life on the long run, in in particular: this condition is met by the heart and circulatory disease, tumour disease, respiratory disease, autoimmune disease, diabetes, locomotory disease, Parkinson-disease, depression, schizophrenia, dementia.
- Acute stage of chronic disease: Short-period – from a few days to 2-3 weeks – stage of a chronic disease with acute symptoms which requires short-term and quick intervention/treatment different from the basic treatment.
- Medicover Harmony: Healthcare service package for families, containing healthcare services defined in this Annex ‘B’, available for purchase exclusively at the Medicover Webshop.
- Customer: Capable natural person having reached the age of 18 but not reached the age of 60, who orders/purchases the Medicover Harmony package at the Medicover Webshop.
- Emergency Care: Special urgency, that is a healthcare service provided in case of such change in medical condition due to which the patient would be in direct life-threatening state or would suffer serious or persistent health detriment in the lack of immediate medical care.
- Contract: Contract concluded upon the purchase of a Medicover Harmony package via the Medicover Webshop.
- Date of Contracting: The day of purchase of the Medicover Harmony at the Medicover Webshop.
- Service Healthcare service included in the Medicover Harmony package according to this Annex ‘B’.
- Service fee The fee of the Medicover Harmony healthcare service applicable to all Entitled persons for one year, disclosed at the Medicover Webshop.
- Effective Date: First day of the calendar month following the date of contracting.
3. General Rules
- The Provider with the Medicover Harmony healthcare service package – considering its content – does not address the treatment and continuous medical care of long-term diseases but wishes to help the family access to the individual specialized care.
- The Contract related to the Medicover Harmony healthcare service package can only be concluded exclusively for the Customer’s entire Family – according to this Annex ‘B’ – and all family members. The number of family members (including the Customer) to be involved into the Contract is a minimum of 2, and a maximum of 7 persons.
- The purchase of the Medicover Harmony healthcare service package concludes the Contract for an indefinite period.
- Location of the delivery of the healthcare services included in Medicover Harmony: exclusively the Medicover Medical Institutions operating in Budapest.
- Contact information of the Provider in relation to the Medicover Harmony, to which the written legal statements are to be addressed: e-mail: firstname.lastname@example.org, postal address: 29-31 Váci Str. Budapest, 1134.
4. Contents of Medicover Harmony
- The basic content of the Medicover Harmony healthcare service package: medical specialized examination which can be used unlimited times a year and pediatric specialized examination which can be used 4 times a year, furthermore a discount of 10% from the list prices of the healthcare Services provided by the Medicover and its affiliated enterprises (in particular the M Dental Kft.) in Budapest (hereinafter: Start package).The pediatric specialist examination is an examination carried out by a pediatrician (‘general pediatrics’) and is available until the age of 18 years.
The 10% discount does not apply to the Medicover Gift Card, the healthcare services of otherwise discounted prices, moreover, to the inpatient care (including surgeries – invasive medical procedures) and to the fee of the medicines, medical accessories and medical devices implanted into the human system used during the health care and not included in its fee.
- The Customer may initiate the expansion of the Start package in every six months following the date of the Entry into force with the following Package Expansion No. 1 and 2. Such expansion of the scope of service may be done by purchasing only the No. 1 or only No. 2 or both expansions.A contents of the expansion: 2 specialized examination/Entitled person/year/Package expansion, furthermore (in addition to the 4 examinations of the Start package) 2 pediatric specialized examination/Package expansion.(For each Package expansion, the 2 specialized examination per annum may be used not by field but altogether 2 of all examinations in all fields included in the given Package expansion except the additional 2 pediatric specialized examinations.)
Package expansion 1 Package expansion 2 gynaecology cardiology orthopaedy otorhino-laryngology neurology urology ophthalmology rheumatology
+ 2 pediatric specialized examination/ Package expansion
- For the Package expansion No. 2, the Provider states that concerning the Medicover Harmony package the cardiological specialized examination is considered two instances of healthcare service, regarding the length, complexity and contents of the examination, that is in addition to the cardiological specialist’s consultation it also includes instrumental tests (heart ultrasound and resting ECG test).
- The Medicover Harmony does not cover the treatment of the following diseases, conditions, the provision of services related to them:
- treatment of such diseases, conditions under medical outpatient care (except setting up the preliminary diagnosis), which do not require specialized – non-medical specialist – knowledge or belong to other specialist’s competence.
- emergency care,
- such out-patient services the purpose of which is not the establishment of the disease of the patient, prevention of the worsening of his/her condition and restoration of his/her health,
- care of chronic diseases in accordance with legal rule (including care due to tumour diseases), their treatment, rehabilitation (except the diagnostics of the chronic diseases, the first adjustment of their treatment, acute care of their acute stages and the prescription of the medicines ordered as part of the treatment of the disease if it belongs to medical competence),
- medical prescription, if it is not related to the acute care of acute diseases or acute stages of chronic diseases,
- rehabilitation, healthcare service due to alcohol, drugs or narcotics or addiction,
- healthcare service in connection with the following infectious diseases: HIV-infection, TBC, tetanus, polio viruses, measles, mumps, rubella, hepatitis B, C virus infection, diphtheria, pertussis, tropical diseases such as malaria, yellow fever, cholera, Dengue fever, West Nile encephalitis, SARS,
- healthcare service became necessary due to sexually transmissible diseases (STD),
- travel medicine, consultancy related to vaccination, administering vaccination.
5. Conclusion and Amendment of the Contract (Package
- The process of contracting/purchase is identical to that described in the Pt. 3.1 of the Terms and Conditions, with that the Customer, following the choice of Medicover Harmony package, is to provide the following personal data of his/her Family members: Name, date of birth, family member type (spouse/unmarried partner, child). Furthermore, on the ‘Cart Summary’ screen, the Customer can check the personal data given, the calculated fee and the date of the Contract entering into force.
- The Customer may be a natural person – considering Pt. 2.9 of this Annex ‘B’ –, who is over the age of 18 and has not yet reached the age of 60. If a person not meeting this condition submits an order to the Medicover Harmony at the Medicover Webshop, the Contract will not be concluded.
- The Package expansion according to Pt. 4.2 of this Annex ‘B’ may be initiated with a written declaration addressed to the Provider. For the contract amendment resulting in the expansion, the express written consent of the Provider is necessary. Package expansion may only be done covering the entire Family (all Family members living in the same household) according to this Annex ‘B’.
- The Package expansion – in case of the Provider’s statement of consent – may be effective at the soonest on the first day of the 7th month following the entry into force. In other cases, the amendment resulting in the expansion (which can be initiated every six months counted from the day appropriate to the entry into force in the year concerned) becomes effective after the approval of the Provider on the first day of the 7th month following the given six-months period.
- The Provider establishes that following the contract amendment concerning the Package expansion it is not possible to revert to the Start package (with contract amendment), only to terminate the entire Contract.
6. Completion of the contract
6.1. Rights and Obligations of the Parties
- With regard to the contents of Pt. 3.2 of this Annex ‘B’, the Customer is obliged at contracting to designate as Entitled, involve into the Contract all his/her Family members meeting the conditions of this Annex, furthermore, if any person becomes Family member during the term of the Contract (in particular reaches the age of six months or becomes the unmarried partner or spouse of the Customer), it is to be reported to the Provider within 15 business days following the change. The Contract concerning the new Family member – based on the Customer’s notification – may become effective in every six months after the day of entry into force (or the day appropriate to the day of entry into force in the given year) on the first day of the month following the given six-months period. The Customer is obliged to pay the Service fee for one year appertaining to the new Family member from this time onwards.
- The Customer is obliged to notify the Provider on the cessation of the Family member’s this quality (in particular the cessation of the quality of spouse or unmarried partner) within 15 business days following the change. The Contract, with regard to the given Family member, according to the Customer’s notification- if the Family member has been Entitled from the time of Contracting, it may cease to be effective annually following the day of entry into force, upon the end of the 12th month,
– if the Family member has become Entitled only after the time of Contracting, the Contract may cease to be effective annually following the day of the Contract becoming applicable to him/her, upon the end of the 12th month.As long as the effect of the Contract covers the former Family member, he/she may use the Service and the Customer is obliged to pay the Service fee appertaining to him/her also.
- The entitlement of the Entitled person for the use of the Service, that is the effect of the Contract applicable to him/her – with regard to the Pt. 2.4 of this Annex ‘B’ – will be automatically cancelled upon him/her reaching the age of 65 on the last day of the six-month period according to the due date of the second part of the annual Service fee.
- If the effect of the Contract appertaining to the given Family member ceases due to death, the part of the Service fee concerning the Service not used by the deceased will be offset against the next due amount payable by the Customer, that is, this amount will be discounted from the next due fee.
- The Customer (or Family member) is to verify beyond reasonable doubt the quality of Family member upon the notice of the Provider, furthermore that he/she meets the conditions of this Annex ‘B’, in particular the obligation to name (and involve in the Contract) all Family members living in the same household. For its verification, the Provider may require the Customer (or the Family member) to present a document eligible for proof (if necessary, issued by authority).
- The Entitled persons may use the healthcare services included in the Medicover Harmony package according to the detailed arrangements defined in the Terms and Conditions.
- With regard to the contents of Pt. of the Terms and Conditions, the Provider is not obliged to commence the provision of services (or provide the Service) until the Customer has paid – fully, concerning all Family members – the Service fee due for the Medicover.
- If the Customer pays the Service fee upon the conclusion of the contract by transfer instead of credit card then the Provider is entitled and obliged to commence the provision of services only following the administration of the Service fee, within a maximum of 5 business days following the reception of the amount, due to the additional accounting-financial administrative burden arising at the Provider due to the transfer.
- The Customer is obliged to pay the annual Service fee in semi-annual instalments in advance for the Provider. The first semi-annual instalment, if paid by credit card, is due upon the purchase at the Medicover Webshop, in case of payment by transfer, it is due within the deadline indicated on the invoice issued. The Customer is to pay the subsequent instalments until the deadline indicated on the applicable
- If the Customer fails to fulfill his/her payment obligation within the deadline, the Provider is entitled to enforce its claim even through a winding-up
- The Provider is entitled to increase the amount of the Service fee once in every calendar year with an amount equivalent to the increase of the index of consumer prices in the previous year published by KSH, applicable to the healthcare services, due to the increase in the expenses of the provision of the healthcare services with the written notification of the Customer. In this case the Customer is entitled to terminate the Contract with immediate effect within 30 days from the disclosure of the notification with a written legal statement addressed to the Provider.
7. Termination of the Contract
- The Contract may be terminated by the Parties by ordinary termination by the end of the 12th month from the entry into force (loyalty period). If the Customer (with the Provider’ consent) purchases a Package expansion, the restriction for the ordinary termination (loyalty period) will be extended with 12 months or will be restarted beginning from the the day the contract amendment becoming effective.
2. With regard to the restriction of the termination, the Contract may only be terminated with ordinary termination by the end of the 12th month with a written notice of termination 60 days earlier. In case of Package expansion, the Contract may be terminated with ordinary termination by the end of the 12th month following the day the contract amendment becoming effective, also with a notice given 60 days earlier.
3. Notwithstanding the above, during the restriction of the termination, the Contract may be terminated with ordinary termination by either Party exclusively against payment of a compensation for cancellation equivalent to the amount of the annual Service fee (for all Family members).
4. After the expiration of the termination, either Party is entitled to terminate the Contract with ordinary termination, without justification with a notice period of 60 days, with the effect from the day appropriate to the date of entry into force in the given year, in case of Package expansion, from the day appropriate to the date of the last contract amendment becoming effective.
5. The Customer, in cases specified in the 5.4 of the Terms and Conditions and the Pt. 6.1.11 of this Annex ‘B’, is entitled to terminate the Contract with immediate effect.
6. The Provider is entitled to terminate the Contract with immediate effect, except in cases specified in the Pt. 5.5 of the Terms and Conditions, if:
– the Customer does not meet the condition specified in the Pt. 3.2 of this Annex ‘B’, in particular: he/she concludes the Contract without involving all his/her Family members or, violating the Pt. 6.1.1, does not involve his/her Family member into the Contract;
– fails to verify beyond reasonable doubt the compliance to the conditions of this Annex ‘B’, in particular the quality of being a Family member, its cessation or the involvement of all Family members into the Contract.
8. The entire Contract will be automatically cancelled if the Customer reaches the age of 65 (regardless the age of the Family members) on the last day of the six-month period according to the due date of the second part of the annual Service fee.
9. If the number of the Family members is reduced to 1, the Contract will be terminated without further provision on the day when the Contract ceases to be effective (uniformly) to the other members.
10. If the Contract is terminated by the Customer with denunciation or it is terminated upon the Customer’s breach of contract with immediate effect, the Customer reserves the right to refuse to conclude new Contract with the Customer or his/her Family members responsible for the breach of contract for 1 year following the cessation of the Contract.
8. Final Provision
The Medicover reserves the right to cease the sale of the Medicover Harmony healthcare service package at any time which does not affect the Contracts already in effect.
This English text is a translation from Hungarian. The original and applicable text is Hungarian. In case of any discrepancies the Hungarian version shall be applied.