TERMS AND CONDITIONS

IMPORTANT – PLEASE READ CAREFULLY!

BY APPLYING FOR TREATMENT, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THE TERMS AND CONDITIONS PUBLISHED ON THIS WEBSITE, THE COUNTER-INDICATIONS REGARDING THE TREATMENTS, AS WELL AS THE PROCESSING OF YOUR PERSONAL DATA PURSUANT TO THE DATA PROTECTION NOTICE PUBLISHED ON THIS WEBSITE.

– Applying for treatment shall imply the tacit acceptance of and consent to the terms and conditions of use and the processing of personal data pursuant to the data protection notice. These terms and conditions of use shall govern any and all communications with the Service Provider. The terms and conditions of use shall also be made available in a printed form at the site of treatment upon request.

Any agreement with the Service Provider deviating from the these terms and conditions of use (including any special condition agreed upon by the Parties) shall be considered invalid unless made in writing.

– Complaints shall be emailed to info@medi-thai.com or communicated in written form at the front desk.

The content of the English website and this Terms and Conditions are only an informative English text, the Hungarian text is the authoritative text.

1 – DEFINITIONS

‘Application’ means the act of contacting the Service Provider in advance by phone, in person, or online (if possible) with a view to making use of services.

‘Nominal Period’ means the nominal period of an individual treatment as specified in the Application, the beginning and finishing time of the treatment included, with the proviso that any delay caused by late arrival and all periods spent at the site of providing the Service (e. g. changing clothes, switching clients etc.) shall be calculated into this period.

‘Service Provider’ means the website operator, workers and subcontractors of the treatment provider, and the contractor providing the actual service.

‘Service’ means any and all treatments mentioned on this website.

2 – APPLICATION

– The application of a client shall be considered accepted when explicitly accepted by the Service Provider in a manner specified by these terms and conditions of use. The Service Provider may reject an Application for any reason. The service can be used by adults, sometimes accompanied by a parent, children over the age of 12.

– If the Service is not available at a time requested by the Client, the Client shall be notified accordingly and (s)he may keep or cancel the Application at his/her discretion. In such a situation, the Application shall be moved to a date and time, selected by the Client, when the Service is available. If the Service Provider or the Client decides to cancel an Application the Client has already paid for, a request for refund may be filed within 15 working days. No refund may be requested concerning a pass; it shall be used at another time before expiry. The Service Provider may grant an exemption from this, subject to conditions.

– The Parties record that the online or e-mail confirmation of an Application by the Service Provider shall be considered a written contract.

– The Service Provider informs its Clients that the Hungarian language shall be used in Applications and during treatments unless agreed by the Parties otherwise. Due to the fact that the services require communication, in the case of non-Hungarian speakers, the communication may take longer, which may result in a higher fee or flat fee.

3 – PRICES AND PAYMENT

– The official price of each Service shall be the price indicated among the Tariffs displayed or available on request at the front desk. The Service Provider shall take reasonable efforts to ensure that the prices displayed under the “Prices” section of the website are the same as such official prices; if there is any difference between those prices for any possible administrative error, the official price shall apply. The displayed price shall constitute the total amount payable by the Client, and in general it may not be increased any further by VAT. The contractors providing the service may be exempted from the payment of VAT, and human healthcare services (TEÁOR 8690) are exempted from VAT. The prices do not include any service fee or “tip”. The EUR prices include the conversion costs and takes into account the need to have staff able to communicate in English. The Service Provider has the right to withdraw the coupon discounts or other discounts, or to limit them in time or affecting certain services. Different discounts cannot be applied in combination (unless there is an express notice of the merger).

– Clients shall make their payments by one of the available means offered under the “Prices” section. Advance payment (if possible) may be made with a payment card through the website. Partners who sign a long-term written contract may also pay by bank transfer. Payments may be made on-site in cash, using a payment card, or a health fund card issued by a contracted health fund. A payment card or health fund card may be used in person only, and provided that there are sufficient funds available on the account. Using a card without sufficient coverage or adequate authorisation may also result in the payment of additional attorney’s fees.

– The Client may use the Service after payment. The Client is obliged to provide the data required for invoicing.

– If payment is made via bank transfer, the Service Provider shall send a payment confirmation to the e-mail address provided by the Client.

– A Contract is concluded on the basis of an Application when the Service Provider issues the corresponding invoice to the Client. Service provider employs subcontractors who are authorized to issue their invoices.

4 – RIGHTS OF THE SERVICE PROVIDER

– The Service Provider reserves the right to change its prices from time to time unilaterally and without any guarantee regarding price stability.

– The Service Provider reserves the right to cancel any Service at any time.

– The Service Provider shall not be liable, to the widest extent permitted by law, for the removal of any Service from the website or for rejecting an Application.

– The Service Provider reserves the right to refuse to perform any treatment if the Client arrives with a considerable delay after the time of beginning, as indicated in the Application; in such an event, the Service Provider shall not provide any refund from the fee of treatment.

– The Service Provider shall not assume any liability for and regarding any information displayed on the website or other information materials regarding the possible effects of its treatments.

– The Service Provider is not responsible for the Client’s values and valuables.

– The Service Provider is entitled to check the Client’s state of health by questioning, to check his / her body temperature, and at the refuse the answer or detect a contraindication or in case of fever to refuse the service or to refuse the continuing of the service . The Service Provider may oblige the Customer to wear a mouth mask or an equivalent protective device. The client is obliged to provide the data required for the application.

5 – CONTRACT PERIOD AND TERMINATION

– Contract period: the Contract by and between the Parties shall enter into force when the fee for the pass or treatment is paid by the Client to the Service Provider, and it shall expiry at the end of the treatment or, if a pass was purchased, when the validity period of the given pass expires or all sessions included in the pass are used; the Contract may also be terminated by either or both Parties with mutual agreement.

– If a pass expires with unused sessions still available with the pass, it may not be extended and all unused sessions shall be lost.

– Termination for a reason: The Service Provider reserves the right to cancel this Contract with immediate effect if any information provided by the Client is false or misleading.

– Effect of termination: When this Contract is terminated, the Client may not use the Services any longer. The Service Provider does not assume any liability regarding damages that may arise from the termination of this Contract; nonetheless, the termination of this Contract shall not affect any claim that may have arisen before the date of termination.

6 – CANCELLATION OF SESSIONS

– If the Client cancels the Service at least 24 hours before the appointment specified in the Application, the fee already paid may be used to cover another session and, if using it for another session is not possible, it shall be paid back to the Client; in case of payment on the spot, the fee shall not be charged retrospectively. When using a pass, a session canceled pursuant to this Section shall not be deducted from the sessions available with the given pass. If the date and time of the Service is changed within the above time-limit, the fee already paid shall be considered as payment for the new appointment.

– A payment made for a Service shall not be paid back in full, and/or the Service shall be charged retrospectively, if the Client cancels an appointment less than 24 hours before the day specified in the Application, or the Client fails to notify the Service Provider about the cancellation. When using a pass, a session canceled pursuant to this Section or not canceled at all shall be deducted from the sessions available with the given pass.

– If the Service Provider determines before or after accepting an Application that the Client made any false statement, including in particular with regard to any medical condition interfering with the safe performance of a treatment pursuant to the contra-indications described on this website, the Service Provider shall cancel the Application or the pass already purchased, and it shall pay the fee already paid back to the Client via bank transfer to the bank account specified by the Client within 28 days after canceling the Application or pass, with the proviso that the Service Provider shall keep 25% of the fee paid by the Client as administrative cost. If the Service Provider becomes aware of a ground for exclusion less than 24 hours before an appointment specified in the Application, the fee shall not be paid back, and the Service Provider may demand the fee for the failed treatment from the Clie

7 – PAYMENT INFORMATION

The Service Provider shall hand over or send out its invoice after a bank transfer is received or, in case of cash payment, payment is made on the basis of the given Application.

8 – RIGHTS OF CLIENTS AND LIMITATIONS

– The Service Provider shall grant the Client access to the Services during the Contract period after the corresponding bank transfer made by the Client is credited to the Service Provider’s bank account or, in case of cash payment, the payment is received by the Service Provider.

– Everyone uses the services at their own risk. Client must notify the Service Provider of any medical complaints.

 – The Client shall bear sole and exclusive liability for any and all personal data provided by him/her, even if such data originate from a third party.

 – No right to the Services is granted under the Contract other than those specifically mentioned in these terms and conditions of use.

 – The Client is obliged to take into account the Contraindications and may not arbitrarily relocate probes, e.g. electrodes. After the service, the Client must leave the operating room.

– Use of the Air Bike and relaxation devices are at your own risk. The Air Bike can be used for a few minutes before treatment, arriving earlier, and only if its use does not interfere with the treatments already started in the room.

–  The Client must appear at the place of treatment under the expected hygienic conditions, clean and free of alcohol or drug influence.

9 – COPYRIGHT

All information and images published on the website and in other information materials are protected by copyright; the unauthorised use of any such information or image constitutes an infringement, and the Service Provider is prepared to take action against such violations. The images and videos published on the website were shot at a location other than the place of treatment; they only serve as illustration and based on BTL and own photos moreover are published under a licence granted by Shutterstock Inc, Unplash, Getty Image.

DATA PROCESSING NOTICE

medi-thai.com informs you about the purpose of processing your personal data, the legal basis and period of processing, the persons authorised to access your data, your rights in relation to such processing, and the available legal remedies.

Please read this notice carefully, so that you understand your processing-related rights and how we process your personal data.

If you have any request or question concerning the processing of your data, please contact us electronically at the following address: info@medi-thai.com. We will send our response to the email address you provided within 30 days.

Our data processing practices are based on Act CXII of 2011 on the right of informational self-determination and freedom of information, and the EU General Data Protection Regulation (‘GDPR’; Regulation (EU) 2016/679).

Information on the Controller:

Name of co:                        E-CTM Kft.

Seat:                                 Budapest, Csepreghy u. 2, 1085

Representative and data controller:

                                                Pintz György

Phone:                                  +36205070002

E-mail:                                    info@medi-thai.com

1. Possible purposes of processing:

– to perform statutory obligations, including

·         processing on the basis of accounting and tax legislation,

·         mandatory processing on the basis of data protection law,

·         mandatory data processing based on health legislation.

– processing data necessary to perform a contract, including

·         processing data necessary to make or request an offer;

·         processing data required to keep contact via email and phone;

·         processing your data, as client data, to perform a contract, and retaining your data after contract termination should it become needed in a contract-related dispute;

As any failure to provide data jeopardises the performance of our contract, failing to provide the necessary data shall be considered a violation of your duty to cooperate.

XLVII of 1997. act also extended the obligation to provide data and the mandatory connection to the Electronic Health Service Area (EESZT) to private health care providers. The rules for this can be found in the Hungarian law.

2. Legal basis of processing

– If the processing of personal data is necessary for the purpose of contracting, your personal identification needs to be processed for the purpose of contracting. In such a situation, your declaration of consent is replaced, pursuant to Article 6(1)(b) GDPR, by your initiation of the contracting process or your consent implied when you provided by the necessary data, provided that you are a contracting party or a contact person for a contracting party.

– In other situations, the processing of your data is based on your consent, given by signing the declaration of consent attached to this data processing notice.

3. Period of processing

– The processing of your data begins on the day when such data is recorded, and it may not last longer, after that day, than the period specified in your declaration of consent to the processing of your data, i. e. the period required for achieving the purpose of processing.

– The period of processing on the basis of accounting and tax law (retention of invoices and supporting documents) is 8 years after the commencement of processing.

– Data processed in relation to contracting in writing are retained for a period of 6 years.

– The Service Provider may place a camera-based security system at the entrance and in the foyers of the service, respecting human dignity, in order to protect a legitimate interest. We do not entrust the handling of recordings to 3rd person, we do not hand them over to 3rd person – other than those stipulated by law (eg police, official inquiries) and preferably delete them within 3 working days, unless they contain a suspicion of a crime, violation, labor, disciplinary related data.

4. The persons processing data, and the obligations of such persons

The data are addressed to management members and other persons performing the processing of data.

Personal data shall not be published, but it shall be protected against unauthorised access, modification, transfer, and publishing.

5. The rights of data subjects

You may request information on your personal data processed and the persons with access to such data, and you may request your data to be corrected, erased, blocked, or the processing to be restricted, by sending an email to the address provided. We shall comply with your request within 30 days after receipt of the request.

Where data processing is based on consent, you may withdraw your consent at any time; in such a situation, your personal data concerned will be deleted.

We shall block your data, instead of erasure, if there is reason to believe that erasing your data would be detrimental to your interests; in such a situation, we shall notify you in writing about the reason for rejecting your application for correction, blocking, or erasure within 30 days after receipt of your request. Blocked data may be processed as long as the purpose justifying the rejection of your request for erasure exists.

You may object to the processing of your personal data by sending an email to info@medi-thai.com; we shall review and decide on your objection, and notify you in writing about our decision, within 15 days after receipt of your objection.

6. Legal remedy

If you have any complaint regarding the processing of your personal data, you may contact the National Authority for Data Protection and Freedom of Information (1125 Budapest, Szilágyi Erzsébet fasor 22/C) or file a lawsuit with the court with jurisdiction over your place of residence or place of stay. You may file a lawsuit to challenge our decision regarding your objection within 30 days after receipt of our decision or the expiry of the time-limit to inform you about our decision.