The general terms and conditions stipulate the rights, obligations and responsibilities of Sakala Hambaravi (Bluegate OÜ, registry code 10871635, located at Kotka 12, Tallinn 11315, hereinafter Sakala Hambaravi) and the patient of Sakala Hambaravi (hereinafter the Patient) when providing dental care services to the Patient.
Matters not regulated in the general terms and conditions are governed by the Law of Obligations Act, the Health Service Organization Act, other laws and legislation adopted on the basis of them.
- Entering into the contract and registering for the service
1.1. The Patient can register for an appointment, procedure or other service (hereinafter referred to as the Service) at the clinic, by phone, via the Internet, or via the Sakala Hambaravi website.
1.2. A preliminary contract (booking) for the provision of health care services between Sakala Hambaravi and the Patient shall be deemed to have been concluded upon the registration of the Patient for the provision of the Service. Under the preliminary contract (booking), the Patient is entitled to receive the health care service at a pre-registered time.
1.3. These general terms and conditions, the contract concluded orally or in writing with the Patient, and the procedures, rules and requirements valid in Sakala Hambaravi and notified to the Patient constitute the contract for the provision of health care services.
1.4. By registering for the Service, the Patient agrees to comply with the terms and conditions of providing the Service.
- Terms and conditions of providing the Service
2.1. The patient must pay for the health care service provided to them in accordance with the price list established by Sakala Hambaravi. The indicative price list can be consulted by the Patient at any time on the website of Sakala Hambaravi. The exact cost of the provided service will be determined after the Service has been provided.
2.2. Sakala Hambaravi has the right to request from the Patient a reasonable advance payment, which shall not exceed 50% of the cost of the planned Service.
2.3. Sakala Hambaravi has the right to change the price list at its discretion at any time. The price of the Service for which the Patient has registered shall apply to the Patient as it was at the time of the provision of the Service, irrespective of the changes to the price list. The price of possible subsequent Services that might be provided shall be subject to the revised price list.
2.4. The Patient shall be informed of the exact amount payable after the Service has been provided, and the Patient shall pay for the Service at the Sakala Hambaravi reception desk after the Service has been provided. The Patient can consult, should they submit the corresponding request, the indicative price list of the Services prior to the provision of the Services. At the request of the Patient, Sakala Hambaravi shall issue a treatment plan and a price calculation when planning the provision of dental services.
2.5. If the Patient has paid for the Service in advance and fails to appear for the Service at least two (2) times without a valid reason and does not cancel the visit within the prescribed time, Sakala Hambaravi shall have the right not to refund the advance payment to the Patient and to consider it as a payment for the costs of preparation for the provision of the Service.
General terms and conditions of Sakala Hambaravi
2.6. In case the Patient is late in paying for the Service, Sakala Hambaravi shall have the right to charge the Patient interest on the unpaid amount at the rate of 0.07% per day for each day of the delay until the amount is paid in full. Sakala Hambaravi has the right to assign any claims against the Patient to a debt collection agency.
2.7. Sakala Hambaravi has the right to refuse to provide the Service to the Patient, including registration for the provision for the Service, if the Patient has not paid the prescribed amounts or if the Patient has any outstanding debts to Sakala Hambaravi or if the provision of the Service is in breach of these general terms and conditions or in case of occurrence of any other circumstances provided for in the law.
2.8. Sakala Hambaravi shall not be liable for any items brought by the Patient to the premises of Sakala Hambaravi.
- Rights and obligations of the parties
3.1. Sakala Hambaravi undertakes to:
3.1.1. inform the Patient, upon the submission of a corresponding request, of the results of their examination, the nature, purpose and objectives of the Service provided, the risks and consequences of the provision of the Service;
3.1.2. provide the Patient with a health care service, which is in accordance with the general level of (dental) medicine at the time of the provision of the Service and to provide it with the care customarily expected of a health care provider;
- 3.1.3. provide a safe and secure treatment environment;
- 3.1.4. document the provision of the Service in accordance with applicable requirements.
3.2. Sakala Hambaravi has the right to:
3.2.1. unilaterally change the time booked by the Patient for organisational reasons of Sakala Hambaravi or other important reasons. Sakala Hambaravi shall inform the Patient of a change of the booked appointment time, including the change of the doctor, by the means used for the registration for the Service;
3.2.2. refuse to provide the Service to the Patient or to terminate the provision of the Service if the Patient does not agree to or breaches the terms of the health care service contract or if the Patient repeatedly disregards the instructions of the health care provider without which, in the opinion of the health care provider, the provision of the Service is not expedient or without which, in the opinion of the health care provider, the purpose of the provision of the Service cannot be achieved;
3.2.3. refuse to provide the Service if the Patient arrives for the appointment intoxicated, in an inappropriate state or otherwise fails to comply with Sakala Hambaravi’s justified instructions, repeatedly behaves in a rude or aggressive manner (including towards third parties present in the Sakala Hambaravi premises);
3.2.4. refuse to provide the Service to Patients who have failed to show up for a booked appointment more than five (5) times without complying with the relevant rules;
3.2.5. charge Patients a continuation of treatment fee of € 40 after more than two (2) unannounced cancellations.
3.3. The patient has the right to:
3.3.1. actively participate in the decision-making process concerning the Service, to be involved in the process of providing the Services, consent to or refuse the provision of the Services. A consent to start a treatment is deemed to be the Patient’s consent to the provision of the Service. By giving consent, the Patient is deemed have been informed and aware of the possible risks and consequences regarding the provision of the Services;
3.3.2. cancel the time booked by them without revealing a reason, in compliance with the period of notice provided for in the general terms and conditions.
3.4. The Patient undertakes to:
3.4.1. disclose to Sakala Hambaravi all the facts necessary for the provision of the Service and to provide the assistance required by Sakala Hambaravi for the provision of the Service. The Patient undertakes to disclose all the facts about their health that are necessary for the provision of the Service, including all health information necessary for the provision of the Service, among other things, information about any medication the Patient is currently taking or has recently taken, and to inform Sakala Hambaravi of any allergies the Patient may have;
3.4.2. appear at the agreed time for the provision of the Service at the premises of Sakala Hambaravi. In the event that the Patient is unable to arrive for the provision of the Service at the agreed time, the Patient must notify Sakala Hambaravi at least 48 hours prior to the time of the visit, and, in the case of weekends/holidays, no later than 12:00 noon on the preceding working day. If the Patient fails to appear for the Service at the agreed time and has not duly informed Sakala Hambaravi in advance, Sakala Hambaravi has the right to charge the Patient a contractual penalty, either in the amount of an advance payment or up to the amount of the fee for the registered Service. If the Patient has paid for the Service, including making an advance payment, Sakala Hambaravi has the right to not refund the payment to the Patient and deem it to be a contractual penalty.
3.4.3. comply with the medically justified treatment, prescriptions and instructions prescribed by the health care provider that provides the Service, during, before and after the provision of the Service; comply with the written orders and safety rules displayed in the premises of Sakala Hambaravi and the instructions of the health care provider; comply with the written and oral instructions of the health care provider prior to the provision of the procedures.
3.4.4. immediately notify Sakala Hambaravi of any complications arising after the provision of the health care service or of the failure to follow the treatment plan and the instructions of the health care provider.
- Quality and general conditions of the health care service provided
4.1. The quality of the Service provided by Sakala Hambaravi shall correspond at least to the general level of (dental) medicine at the time of the provision of the Service and it shall be provided with the care customarily expected from a health care provider.
4.2. Pursuant to Section 766 (2) of the Law of Obligations Act, Sakala Hambaravi cannot make a promise that the Patient will recover or that the examination/surgery will be a success. Also, due to the above mentioned provision, Sakala Hambaravi cannot provide any guarantees for the provided Services.
- Informing the Patient and giving consent
5.1. The provision of the Service is subject to the Patient’s consent, which is given after they have been informed by the health care provider in accordance with provision 3.1.1 of the general terms and conditions. The Patient shall be deemed to have given consent to the provision of the health care service by knowingly being present for the provision of the Service. In case of extensive treatments and at the request of the Patient, Sakala Hambaravi can draw up a treatment plan and a price calculation, which shall be signed by the parties, in order to document the scope of the work to be carried out and the indicative cost. This cost is an estimate and is not definitive, as the need for further treatment may become evident during the course of the treatment.
5.2. The Patient may withdraw consent within a reasonable time after giving it. The request to withdraw consent shall always be made in writing.
- Applicable law. Settlement of complaints
6.1. The Patient has the right to submit complaints against the Service provider. The parties will attempt to settle disputes arising from the provision of the Service by negotiation. If disputes cannot be resolved by negotiation, either party may refer such disputes to the Harju County Court. Complaints can be submitted to Sakala Hambaravi by e-mail to firstname.lastname@example.org. The Patient’s complaint shall include the name and contact details of the Patient, the time the service was provided, the circumstances underlying the lodging of the complaint, and the complainant’s claim against the health care provider. Sakala Hambaravi has the right to invite the Patient to a further appointment in connection with the complaint and, if Sakala Hambaravi considers the complaint to be justified, to remedy the deficiencies at its own expense. Sakala Hambaravi shall not compensate for any damages (including any refund of the payment made by the Patient for the Service) if the Patient fails to attend a follow-up appointment or unreasonably refuses to have the deficiencies remedied by Sakala Hambaravi.
6.2. Sakala Hambaravi shall register all complaints and shall respond to the Patient’s complaint within 30 days of the registration of the complaint. In addition to the health care provider, the Patient has the right to file a complaint about the provision of health care services to the Ministry of Social Affairs, the Estonian Health Insurance Fund, and the Health Care Board.
6.3. The laws of the Republic of Estonia shall apply to the entering into and performance of the contract and to the interpretation of the contract and the resolution of disputes arising therefrom.
7.1. Sakala Hambaravi and the direct provider of the health care service shall be liable for wrongful breach of their obligations. Sakala Hambaravi shall not be liable for any negative consequences arising from the provision of the Service, if the Patient has been informed by the direct provider of the health care service of the relevant potential risks and consequences and the Patient has given their consent to receive the health care service.
7.2. The circumstance underlying the liability of Sakala Hambaravi and of the direct provider of the health care service shall be established by the Patient, unless the provision of the health care service to the Patient has not been duly documented.
7.3. In the event that the Patient fails to comply with the treatment plan and the instructions of the health care provider before, during or after the provision of the health care service, the Patient shall be liable for the consequences of the failure to comply with the treatment plan and instructions.
- Data protection
8.1. Pursuant to Section 768 of the Law of Obligations Act, the health care provider and the persons involved in the provision of the health care service are obliged to maintain confidentiality of the information about the patient’s identity and health condition that has come to their knowledge in the course of the provision of the health care service or of the performance of their duties. A health care provider may deviate from this obligation to a reasonable extent if the failure to disclose the information could result in substantial harm to the Patient or to others or if the obligation to disclose the information is required by law.
8.2. The processing of the Patient’s personal data is carried out in accordance with the Personal Data Protection Act and the EU General Data Protection Regulation. The Patient’s personal data is used only for the purposes of providing the Service to the Patient and for the activities related to the provision of the Service (billing, etc.). Access to the Patient’s data by third parties is only granted with the consent of the Patient. The Patient’s consent is not required for the transfer of or access to the data to persons who have a legal right to access the data.
- Headings, singular, plural and general conditions thereof
9.1. The headings of clauses and sub-clauses used in this contract are for reference purposes only and to facilitate the reading of the text of the contract. These headings have no legal significance for the performance and interpretation of the contract.
9.2. All terms and definitions used in this contract in the singular shall have the same meaning as in the plural and vice versa, unless the text or spirit of the contract provides otherwise.
- Delay and invalidity of a provision
10.1. Any delay of the exercise of a right and the performance of an obligation under the contract shall not constitute a waiver of such right and obligation, nor shall any failure to exercise a right, in whole or in part, preclude the further exercise of that right or the exercise of any other right and/or the performance of any other obligation.
10.2. The invalidity of any provision of these terms and conditions by reason of it being in conflict with the law shall not invalidate the whole contract or any other provision of the contract. In the event of the occurrence of such a provision, the parties shall make their best efforts to replace such a provision with a provision which is in conformity with the law.
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