for the provision of health services

VALID FROM 15 February 2023

Korzicon Kft. (registered office: 2112 Veresegyház, Hegyláb utca 25., VAT number: 27959945-2-13, company registration number: 13-09-206095, operating licence number: 42244/2022/1/5, liability insurance: AHB951488072), as the operator of the New Beauty Medical Aesthetic Center (1051 Budapest, Bajcsy-Zsilinszky út 12., 2. em. 209.), individually as the “Service Provider”

lay down certain conditions for the use and provision of the following health services they provide:
a. medical and aesthetic treatments
b. plastic surgery outpatient services
c. gynaecological outpatient care
d. medical tattooing
e. lifestyle and dietary advice

hereinafter collectively referred to as “Health Services” and the General Terms and Conditions of the contracts they conclude (hereinafter referred to as the “GTC”) as follows:

1. Scope of the GTC, the conclusion, subject matter and content of the contract

a) These GTC shall apply to all individual contracts concluded by the Service Providers for the provision of Health services, whether or not they are in writing. Deviations from these GTC may only be validly made in writing.

The currently effective text of the GTC, or in the event of an amendment, the amended text shall be published on the Service Providers’ website 7 days before the amendment takes effect.

By booking an appointment and by ordering or using the Services, the Patient declares that he/she has read these General Terms and Conditions prior to the conclusion of the contract and accepts the provisions contained therein as binding.

b) The contract is concluded between the person using the Service (hereinafter referred to as the “Patient”) and the Service Provider (hereinafter collectively referred to as the “Parties”).

Unless otherwise stated, the company providing the Service, i.e. the operator of the relevant Medical Aesthetic Centre is considered to be the Service Provider.

The Patient will also be informed of the identity of the Service Provider in the confirmation e-mail.

c) By booking and confirming an appointment for a specialist consultation for a treatment not covered by a previously concluded contract, a new contract is concluded between the Parties for the particular service.

The Service Provider shall confirm the appointment booking within 2 working days at the latest. In the absence of confirmation, no contract is concluded.

With regard to a treatment or intervention, on the basis of the prior consultation, the Parties may enter into the contract in writing, orally or on an implied basis.

d) The Health Services provided by the Service Provider(s) are published – for information purposes – on the joint website of the New Beauty Medical Aesthetic Centres (www.newbeauty.hu). The Service Providers may change the scope of the Services provided at any time.

e) The basic price of the Services and the hourly rates of the medical specialists are set out in the Price List published on the Service Provider’s website. The Service Provider has the right to modify its Price List at any time, which shall be published no later than 30 days before the change takes effect.
The Service Provider will provide a price quote for the specific treatment to be provided during the prior consultation, before the treatment or intervention. A written offer will be provided by the Service Provider on special request or on a case-by-case basis (an oral offer and a written offer hereinafter collectively referred to as the “price quote”). The price quote is valid for the period indicated on the price quote, or if no validity date is indicated, for 30 days, regardless of the number and duration of the treatments.
The Service Provider will only start or perform the Service if the Patient accepts the price quote in advance. In case of conflict between the Price List and the price quote, the price quote shall prevail.

When an interested party inquires about the Services and their fees in person, by phone, on a social networking site or by e-mail, and the Service Provider provides information about them, no offer is considered to be made. The data and information provided by the Service Provider in this case are for information purposes only, and any offer will be made only upon the Patient’s personal appearance at the appointment booked.

The consultation fee is included in the fee for the medical aesthetic Service, if the Services are used within 3 months.

Discounted and promotional prices are valid only for the indicated period and cannot be combined with any other discount. In the case of a discount provided for 3-4 consecutive treatments – unless otherwise agreed – all treatments must be used within 6 months of the date of the contract.

f) The subject matter of the contract concluded between the Parties shall be the prior specialist consultation and the medical Service ordered by the Patient and agreed to be provided by the Service Provider on the basis of the consultation (hereinafter referred to as the “Service”).

The subject matter and the content of the contract entered into in relation to the Service shall be as set out in these GTC and its Annexes, the price indicated in the Price List (consultation fee only) and in the price quote, and in the patient registration, information and consent forms.

The Patient acknowledges that in order to use the Services, in addition to accepting the provisions of these GTC, he/she must also accept the terms and conditions set out in such other documents. The Patient further acknowledges that by accepting the price quote or by signing the patient registration, information and consent forms or by using the Service, he/she orders the Services.

g) The Patient and his/her accompanying persons shall comply with the Service Provider’s current House Rules, which are annexed to these GTC. The Patient acknowledges that in the event of non-compliance with the House Rules, either by the Patient or by his/her companions, the Service Provider is entitled to interrupt or refuse to start the treatment. The further legal consequences of this, which entail payment obligations, are set out in section 6.

2. Booking an appointment

a) The Services are available by appointment only. Appointments can be requested by phone, e-mail, Facebook Messenger or by filling in the booking form on the website.
The booking made by the Patient becomes final only when confirmed by the Service Provider’s staff by means of a confirmation e-mail.

No contract is concluded between the Parties by electronic means.

b) A reminder e-mail and text message will be sent 24 hours before the booked appointment to the e-mail address and mobile phone number provided by the Patient. The Service Provider’s staff will also try to call the Patient by phone no later than the day before the booked appointment to remind the Patient of the booked appointment.

c) If no booking is possible at the time requested by the Patient, it is possible to get on the waiting list. If a time slot becomes available at the desired time, the Service Provider will try to notify the Patients by phone or e-mail according to the waiting list order.

d) The Patient must immediately notify the Service Provider by e-mail or phone if he/she is unable to attend the booked appointment.

e) The provisions applicable to being late, or the rescheduling or cancellation of a booked appointment are set out in section 3.

f) If the Patient has an outstanding payment obligation to the Service Providers, an appointment will only be made if the Patient fulfils his/her payment obligation. Until the payment obligation is fulfilled, the Service Providers are entitled to refuse to book an appointment or to provide the Service.

3. Use of the Services

a) The Service Provider shall perform the medical aesthetic procedures only after prior consultation with a doctor of the New Beauty Medical Aesthetic Centre. When booking an appointment for consultation, the Service Provider shall try to ensure – as far as possible – to make the appointment so that if, after the consultation, the Patient decides to undergo the treatment, the Service Provider can carry out the treatment and if there is no medical contraindication for the immediate use of the treatment, the first treatment can be carried out immediately.

b) The Service Provider performs plastic surgery and mechanical treatments only after prior medical consultation. The consultation is carried out exclusively by the doctor of the New Beauty Medical Aesthetic Centre (the Service Provider does not provide treatment based on a preliminary assessment and treatment plan carried out in another institution). If there are no medical contraindications for the surgery, a new appointment must be booked, immediate treatment is not possible.

c) The Patient must be in a fit physical and mental condition to receive the Service, otherwise the Service Provider is entitled to refuse to provide the Service. The Service Provider may also refuse to provide the Services in the cases provided for in the other sections of these GTC.

d) The Patient will receive detailed verbal information on the entire procedure before the Service is provided. The Patient acknowledges that, unless specifically requested in writing, the oral information and the information, consent and patient registration forms provided by the Service Provider are sufficient for the use of the Service and that by signing them, the Patient acknowledges that he/she has received sufficient prior information.

If the Patient has already received the same treatment and has already signed the consent form for the same treatment, for the further treatment – unless otherwise provided by law – the contract is concluded and the Service can be performed by the Patient’s implied behaviour.

e) Being late for an appointment

The booked appointment time is the start time of the treatment. Patients are required to arrive 5 minutes earlier for a punctual start.
The time between the start time and the actual time of arrival shall be considered as being late.

If the Patient informs the Service Provider or fails to inform the Service Provider of him/her being late due to a technical problem and if he/she arrives max. 10 minutes late, the Service Provider will acknowledge this. If the Patient informs the Service Provider of him/her being late and the delay exceeds 10 minutes, the Service Provider is entitled to decide unilaterally, taking into account the circumstances of the case, whether to carry out the Service or to book a new appointment. The latter case is considered as a cancellation of the appointment by the Patient.

If the Service Provider decides to carry out the Service, but the Service is shorter than planned, it is not possible to subsequently “make up” for the missed part, and the Patient is not entitled to compensation for damages or costs.

f) Rescheduling an appointment

The Patient has the right to reschedule a booked appointment free of charge 24 hours or more in advance, by phone, e-mail or other text message.
In the case of a surgery appointment, the appointment can be rescheduled free of charge 1 week before the surgery at the latest, up to a maximum of 2 times.

The rules for booking an appointment shall apply to booking a rescheduled appointment. If the Patent tries to reschedule the appointment with a period of notice shorter than indicated above this shall constitute a cancellation by the Patient.

g) Cancellation of an appointment

The Patient may cancel a booked appointment free of charge 24 hours or more in advance by phone, e-mail or other text message, or via the links provided in the e-mail notification.
A surgery appointment can be cancelled free of charge 1 week before the surgery at the latest, in which case the advance payment will be refunded.

Failure to attend the appointment will be considered as a cancellation.

h) In the event of cancellation or rescheduling the appointment within the time limit or time periods set out in points e), f) and g), the payment obligations shall be governed by sections 6.

i) If the performance of the Service is subject to the payment of an advance, the Service Provider shall be entitled to cancel the appointment in the event of non-payment of the advance within the time limit, which shall also constitute a withdrawal from the contract.
The payment obligations arising shall be governed by the provisions of section 6.

4. Rights and obligations of the Service Provider

a) The Service Provider, or the person acting on its behalf, shall provide the Health Services with the care normally expected in the given situation, within the framework of the professional requirements, in compliance with the ethical rules, to the best of his/her knowledge and conscience, at the level determined by the material and personal conditions available to him/her, in accordance with his/her professional competence and in compliance with the legislation, regulations, professional rules and protocols applicable to his/her activity.
The Service Provider shall carry out its activities by providing the conditions required by the legislation in force.

b) The Service Provider shall provide the Service based on the Patient’s data and prior consultation with a specialist. The Service Provider has the right to determine the professional aspects of the Service and has the right to change them at any time during the treatment.

c) The Service Provider shall be entitled to use intermediaries and subcontractors for the performance of the Services, for whose activities the Service Provider shall be liable as if it had performed the activity itself. The Service Provider sells the mediated services to the Patient in an unchanged form, but not necessarily at the same price.

d) The Service Provider is obliged to comply with the professional rules even if this is contrary to the Patient’s request or demand. If the treatment or intervention requested by the Patient is contrary to the law or the professional rules, the Service Provider is obliged to refuse the treatment.

In addition to the cases specifically provided for in these GTC, the Service Provider is entitled to refuse to provide the treatment in the following cases:
(i) if the Service requested by the Patient is not professionally justified;
(ii) if the Service Provider does not have the necessary personnel or material conditions to provide the treatment;
(iii) if the Patient or his/her representative or companion seriously, or in a manner that could affect the outcome of the treatment, breaches his/her duty to cooperate;
(iv) if the Patient, his/her representative or companion behaves in an abusive or threatening manner towards the Provider’s staff, other patients or third persons in the Centre;
(v) if the life or physical safety of the Provider’s staff, other patients or third persons in the Centre is endangered by the Patient, his/her representative or companion, or the person treated;
(vi) if the Patient fails to comply with his/her payment obligation.

In such cases, the Service Provider is entitled to claim damages or compensation for costs in respect of the Patient’s breach of contract, as provided for in section 6, but the Patient may not claim compensation for costs or damages from the Service Provider.

e) If, due to any unforeseen or unexpected external causes or circumstances, the Service Provider is unable to provide the Service at the booked time or place, this shall not constitute a breach of contract on the part of the Service Provider, and the Patient may use the Service at a new agreed time or place.

f) The Service Provider is entitled to change the identity of the treating physician, of which the Patient will be informed as soon as possible.

5. Rights and obligations of the Patient

a) The Patient is obliged to arrive 5 minutes before the booked appointment, to be ready to start the treatment at the booked appointment time, to provide the data and information requested by the Service Provider in connection with the requested treatment, to comply with the House Rules and ensure compliance by the accompanying person, and to pay the fee for the Service.
The Patient is also obliged to comply with the Hungarian legislation applicable to the Health Services provided, and the Provider’s operating rules.

b) The Patient has the right to request information on the treatment, the procedure and the expected costs, and a price quote.
The Patient is responsible for providing the necessary interpretation or translation at his/her own expense.

c) The Patient acknowledges that in order to receive the Health Services, a prior personal medical consultation and the signing of a patient registration form and consent form on the day of the treatment/examination are required.

The Patient acknowledges that if he/she refuses to sign the information form, the consent form, or the condition assessment declaration required by law or requested by the Service Provider, the Service Provider is entitled to refuse to provide the Service and to claim costs and/or damages from the Patient (section 6).

d) The Patient has the right to self-determination, in the exercise of which he/she is free to decide whether to use the Service or to refuse or discontinue the treatment or the medical intervention at any time. However, in the event of an interruption, refusal or termination of the Service after the conclusion of the contract, the Patient shall pay the Provider the fee for the Service performed, and the Provider’s damages and costs in accordance with section 6.

e) The Patient, by accepting the information and declarations contained in a separate document, consents to the Service Provider to perform the medical aesthetic, plastic surgery or gynaecological interventions on him/her or on a person he/she represents, in accordance with the professional rules.

f) The Patient must appear in person in a suitable physical, hygienic and mental condition for the use of the Service, failing which the Service Provider will refuse to provide the Service.

g) The Patient has the right – as provided for in the Health Act – to have access to his/her medical records.

h) The Patient shall have the right to have any information, in particular his/her medical and personal data, which comes to the knowledge of the persons involved in the Health Services provided to him/her in the course of the Services provided, be disclosed only to the persons entitled to receive such information and such information being processed in accordance with the applicable legislation (hereinafter referred to as “medical secret”).

The Patient has the right to make a statement about who may be informed about his/her illness, its expected outcome, and who may be excluded from partial or full access to his/her health data.

The Patient acknowledges that, in cases regulated by law, the Service Provider is obliged to disclose his/her health data to third parties even without his/her consent.

i) The Patient shall cooperate with the Service Provider and its staff, in particular, but not limited to the following:
– inform them of everything necessary to choose the appropriate treatment and to carry out the interventions, in particular about any previous illness, treatment, medication or medicinal products taken, and any health risk factors,
– inform them – in the context of his/her own illness – about anything that could endanger the life or physical safety of others, in particular contagious diseases,
– inform them of any previous legal statements he/she has made about health care,
– comply with the instructions he/she received from the Service Provider regarding the treatment,
– provide credible evidence of his/her personal data as required by law.

6. Service fees, payment terms, payment in case of cancellation, being late, breach of contract

a) The fee for the Services under the contract is the fee as quoted by the Service Provider, which includes the treatment fee and the cost of materials. The Patient acknowledges that the price quoted is valid only under unchanged circumstances, i.e. the rates provided for in the price quote may be subject to change due to professional reasons arising during the treatment, e.g. unforeseen interventions, additional material requirements, etc.

b) In any case, the Patient shall pay the Provider the fee for the Services provided, even if he/she claims to be dissatisfied with the result of the treatment.
The Patient is also liable to pay the full fee if he/she is late but the Provider agrees to provide the treatment, but for a shorter period than planned. In this case, it is not possible to make up for the missing time and the Patient is not entitled to compensation.

c) The Patient shall pay the fee before or after the treatment, on the spot, in cash or by bank card (VISA, MASTERCARD, MAESTRO).

d) In the event of late payment, the Patient shall be liable to pay the statutory default interest according to the Civil Code.

e) If the Patient pays the fee from a foreign bank account or bank card, all costs, including conversion costs, shall be borne by the Patient.

f) If the Patient requests the interruption or termination of the treatment started, he/she shall pay to the Service Provider the fee for the service used, the resulting damage incurred by the Service Provider, as well as the justified and documented costs incurred, but at least the fee for one hour of specialist time.

g) If the Service Provider refuses to provide the Service for any of the reasons specified in these GTC, including the case when the Service Provider has started the treatment but its completion or its result fails due to the Patient’s breach of contract, or the treatment cannot be completed due to the Patient being late, the Patient shall be liable to pay a penalty for the breach of contract, equal to the fee for the treatment, or in case of a consultation, the fee for one hour of specialist time.

h) If the Patient cancels a consultation appointment within 24 hours prior to the treatment, the Patient shall be liable to pay the resulting damage and the justified and documented costs incurred by the Service Provider, but at least the fee for one hour of specialist time.

e) If, due to any unforeseen and unexpected external causes or circumstances, the Service Provider is unable to provide the Service at the booked time or place, this shall not constitute a breach of contract on the part of the Service Provider, and the Patient may use the Service at a new agreed time or alternative place, without any claim for damage or costs.

j) In the case of plastic surgery, the Patient must pay 50% of the fee for the surgery according to the preliminary price quote in advance, in cash, by bank card or by bank transfer, on the basis of a fee request issued by the Service Provider within 48 hours of its issue, or if the appointment is scheduled within one week, within 24 hours.
If the fee for the intervention is not paid 7 days prior to the surgery or if the appointment is scheduled within one week from the issue date of the payment request, not paid within 24 hours, the Provider has the right to withdraw from the contract and cancel the Patient’s appointment. In this case, the Patient will be liable to pay a cancellation penalty equal to 50% of the surgical fee according to the preliminary price quote.

Otherwise, in the case of plastic surgery, the provisions of section 6 shall apply, as appropriate.

k) The Patient acknowledges that the Service Provider is entitled to settle obligations by offsetting.

l) If the Service is failed to be performed for reasons for which the Patient is not responsible (including, in particular, if the surgery cannot be performed due to any health problem affecting the surgery or the result of any of the prior medical tests) and if the Patient provides official documentation to prove this, no payment will be due.

7. Data protection:

a) The Service Provider shall inform the Patient about the processing of his/her personal data in a separate information notice.

b) The Service Provider shall inform the Patient that the provision of data by the Patient is voluntary, however, the disclosure of data and information requested by the Service Provider about the Patient’s health status and any changes thereto is necessary for the provision of the Health Service.
If no data is provided, the Service Provider may not be able to provide the appropriate treatment or to properly assess the risks associated with the interventions.

c) The Service Provider records the Patient’s contact details (name, phone number, e-mail address, postal address) in its database in order to inform the Patient of the appointments or any changes thereto, or any other changes affecting the Patient.

8. Liability, warranty

a) The Service Provider shall provide the Services in accordance with the professional rules and with the utmost professional care.
The Patient acknowledges that all interventions and treatments are subject to risks, and that any risk for which the Service Provider cannot be held liable, i.e. when the Service is carried out in accordance with the professional rules, must be borne by the Patient.

b) The Service Provider shall do everything possible to achieve the desired effect and result, however, the Patient acknowledges that depending on the biological reactivity of the body and the foreseeable and unforeseeable risks, the expected result may differ from the average expected outcome, for which the Service Provider shall not be liable.
Furthermore, given that the assessment of the results of aesthetic interventions is highly subjective depending on the individual, the service Provider shall not be liable or excludes any liability, financial or otherwise, in the event of aesthetic complaints.

c) In addition to the well-known risks of surgical and other interventions, which the Service Provider has explained to the Patient, sometimes unforeseeable, special, primarily aesthetic complaints, symptoms, consequences may occur as a result of the intervention requested by the Patient, in the form of haemorrhages, skin discolouration, scars of varying thickness, deformities, etc. for which the Service Provider is not liable if it has acted in accordance with the rules of the profession. The occurrence of such risks, complaints or symptoms shall not constitute a breach of contract on the part of the Service Provider and the Service Provider shall not be liable for them.

d) The Service Provider shall not be liable for complications or other illnesses resulting from the Patient’s failure to comply with the obligations set out in these GTC or in the separate contract, or to follow the instructions, suggestions or advice given by the treating physician – or by a person acting on behalf of the Service Provider -.

e) Any damages resulting from the withholding of information (including: surgery, pregnancy, breastfeeding, medication), which may have been withheld or not disclosed by the Patient, beyond the medical or treatment history taken by the physician or practitioner prior to the use of all Services provided by the Service Provider, but which may have important factors influencing the treatment and the outcome, shall be borne solely by the Patient and the Service Provider shall not be liable for them.

f) The Patient using the Service is obliged to attend the follow-up examination proposed by the Service Provider in relation to the treatment provided. If the Patient fails to attend the follow-up examination, or does not comply with the Service Provider’s instructions regarding the treatment, or contacts another service provider in order to solve any problems that may have arisen in connection with the treatment, and if another intervention is carried out by another service provider in the treated area, the Service Provider is discharged from liability for the treatment carried out on the Patient.

g) In addition to the above cases, the Service Provider shall also be exempted from liability if the Patient has not used all recommended treatments and the complaint is the result of the incomplete series of treatments; or for any health deterioration of the Patient and/or the resulting failure of the material used, caused by the Patient’s lifestyle, bad habits or illness; or for any complaints resulting from the Patient’s inappropriate lifestyle, smoking, alcohol abuse or the effects of drugs or medication; or in the event of a significant change in the Patient’s weight; or in the event of other serious general medical conditions.

h) The Service Provider is not liable for any costs or damages incurred by the Patient due to the temporary inability of the Service Provider to provide its services in case of force majeure. For the purposes of these GTC, force majeure shall be deemed to include, in particular, war, natural disasters or the illness, death, strike or temporary absence of the attending physician or of a member of the Provider’s staff for any reason whatsoever in connection with the Service in question, as well as the interruption of public services affecting the Service Provider’s premises.

i) The Service Provider is not responsible for the Patient’s personal belongings in the New Beauty Medical Aesthetic Centre and is not obliged to keep or send to the Patient any personal belongings left behind by the Patient in the Centre.

j) In addition to the above, the Service Provider shall only be liable for any breach of contract or damage caused intentionally and which is specifically and directly related to the provision of the Service or the conduct of the Service Provider. The exclusion of liability does not apply to any breach of contract causing damage to human life, physical safety or health.

9. Miscellaneous provisions

a) The contract is concluded for a fixed term until the performance of the ordered Service.

b) The Service Providers are entitled to modify the provisions of these GTC at any time, in particular in the event of changes in the legislation, the professional standards, protocols, or the standards of its international partners. The amended GTC shall be effective as of the date indicated thereon and shall be published on the Service Providers’ website prior to its entry into force.
Please check the GTC for any changes before ordering or using the Service.

c) The Parties are obliged to cooperate and inform each other of any material circumstances affecting the contract and of any changes thereto during the conclusion and performance of the contract. The legal consequences arising from the failure to provide information or a delay in providing the information shall be borne by the Party that fails to provide the information or is late in providing it.

d) The Patient has the right to lodge a complaint with the Service Provider about the Health Services provided.
The Service Provider is obliged to investigate the complaint and to inform the Patient in writing of the outcome of the investigation as soon as possible, but not later than within 30 working days. The exercise of the right to lodge a complaint does not affect the right of the Patient to apply to the official bodies employing a patient advocate or children’s advocate – in order to have the complaint investigated – as provided for in the specific legislation, or to other official bodies.

e) If the Patient qualifies as a consumer, he/she has the right to lodge a complaint orally or in writing about the conduct, activity or omission of the Service Provider or the person acting on its behalf. The notification of a warranty claim (a claim to remedy a breach of contract) does not constitute a complaint. The Service Provider handles the consumer complaints in accordance with the provisions of Act CLV of 1997 on Consumer Protection. The place to lodge a complaint is the registered office of the Service Provider, indicated on the first page of the GTC. Patients can also send letters to this address.

f) In the event of a dispute, a Patient who is a consumer may also refer the dispute to the conciliation body competent for his/her place of residence or stay, if he/she has tried to settle the dispute with the Service Provider but has not been successful. Information on the contact details, location, phone and internet contact details and the postal address of the conciliation bodies can be found on the Service Provider’s website. The rules governing the procedure of the conciliation body are set out in Articles 18-37 of Act CLV of 1997 on Consumer Protection. The conciliation body according to the Service Provider’s registered office: in the case of New Beauty Aesthetics Kft., the Budapest Conciliation Board (registered office: 1016 Budapest, Krisztina krt. 99., phone: 06-1-488-2131, e-mail: bekelteto.testulet@bkik.hu), and for Korzicon Kft., the Pest County Conciliation Board (registered office: 1055 Budapest, Balassi Bálint utca 25, IV. emelet 2, phone: (1) 792-7881, e-mail: pmbekelteto@pmkik.hu).

g) In the event of a breach of the consumer protection rules, consumers can lodge complaints with the competent territorial Government Offices. The Patient is also entitled to take legal action to enforce his/her claim.

h) In matters not regulated in these GTC, the provisions of the Hungarian legislation in force, in particular Act V of 2013 (the Civil Code) and Act CLIV of 1997 on Health Care (the Health Care Act) shall apply.

Annex: House Rules

Korzicon Kft., as Service Provider and
New Beauty Aesthetics Kft., as Service Provider