1. GENERAL PROVISIONS
1.1. The general terms and conditions (hereinafter General Terms and Conditions) for the provision of health care services by the Mental Health Centre (hereinafter MHC) set out the rights, obligations and responsibilities of the MHC and the recipient of the services (hereinafter Client) in the provision of the MHC’s health care services (hereinafter Service) to the Client.
1.2. The contract for provision of services consists of the General Terms and Conditions, the terms and conditions agreed separately with the patient either orally or in writing and, in addition to the above, the relevant legislation of the Republic of Estonia and the European Union (including the Law of Obligations Act, the Health Services Organisation Act, the Health Insurance Act, the General Data Protection Regulation of the European Union).
2. THE CONCLUSION, TERMINATION, AND EXPIRY OF THE CONTRACT FOR PROVISION OF SERVICES.
2.1. The contract for provision of services shall be deemed to be concluded between the MHC and the Client when the Client books an appointment for the Service or, in the absence of a booking, when the provision of the Service commences.
2.2. The MHC may refuse to conclude the contract if it is not necessary or indicated for the Client’s health.
2.3. The contract for provision of services shall terminate upon the termination of the provision of the Service, the transfer of the provision of the Service to another service provider, the death of the Client, or the termination of the contract.
2.4. The Client may terminate the contract for the provision of services at any time without giving any reason.
2.5. The MHC may only terminate the contract for duly justified reasons if, considering all circumstances, it is not possible to continue to provide the Service. The MHC must, where necessary, instruct the Client to obtain the Service elsewhere.
3. BOOKING, CHANGING, AND CANCELLING AN APPOINTMENT.
3.1. An appointment for the Service can be booked on site, via the booking system on the website, by e-mail or by phone.
3.2. The Client has the right to change or cancel the appointment by informing the MHC at least 24 hours before the beginning of the appointment using a communication channel of their choice (phone, email, social media, etc.)
3.3. If the Client fails to come to the appointment at the agreed time and does not notify the MHC of their arrival at the appointment, the Client undertakes to pay the appointment fee in accordance with the MHC’s price list.
3.4. The MHC has the right to change the time of the Service if the Service cannot be provided at the agreed time due to a problem with the organisation of work.
3.5. The MHC may change or cancel a booking if the Client’s condition makes it impossible to provide the Service.
3.6. The MHC may change or cancel a booking if the Client is late for the appointment.
3.7. The MHC will inform the Client of changes to the appointment time at the first opportunity and propose a new time as soon as possible.
4. OBLIGATIONS OF THE MENTAL HEALTH CENTRE
4.1. The MHC is obliged to comply with the provisions of Chapter 41 of the Law of Obligations Act applicable to contracts for the provision of services.
4.2. The MHC undertakes to provide the Client with a high-quality service that the Client requests.
4.3. The MHC is obliged to provide the Service in Estonian. The Service may also be provided in another language by agreement between the MHC and the Client.
4.4. The MHC is obliged to inform the Client about his/her results and state of health, possible illnesses and their course, the nature of the Service provided, and possible risks and consequences of the Service.
4.5 The MHC is obliged to document the provision of the Service in accordance with the applicable requirements.
4.6. The MHC is obliged to keep confidential any information about the Client’s identity and medical condition that has become known during the provision of the Service.
5. RIGHTS OF THE MENTAL HEALTH CENTRE
5.1. The MHC has the right to terminate the provision of the Service to a Client who is in material breach of the General Terms and Conditions.
5.2. The MHC has the right to refuse to provide services to Clients who show signs of drug, psychotropic, alcoholic or other intoxicating substance use or residual symptoms.
5.3. The MHC reserves the right not to provide alternative or new appointment times if the Client has not notified of their failure to come to an appointment.
5.4. In the event of late arrival, the MHC has the right to provide the Client with a partial Service or to refuse to provide the Service if it is no longer possible to provide it in time.
5.5. In the event of a breach of the General Terms and Conditions and termination of the Service, the MHC has the right to inform the party who ordered the Service, if it is another institution.
5.6. The MHC has the right to ask for advance payment for the Services.
6. OBLIGATIONS OF THE CLIENT
6.1. The Client is obliged to appear at the appointment at the agreed time.
6.2. The Client is obliged to disclose to the MHC truthfully and to the best of his or her knowledge all the facts necessary for the provision of the Service.
6.3. The Client is obliged to follow the instructions given by the MHC, which the MHC needs to provide the Service.
6.4. The Client undertakes to comply with the clinic rules of the MHC and any other rules and requirements that the Client has been notified of.
6.5. The Client is obliged to inform the MHC of any change in his or her contact details as soon as possible. If the Client fails to notify the MHC of his or her changed contact details, the MHC is not responsible for the receipt of the information.
7. RIGHTS OF THE CLIENT
7.1. The Client has the right to receive a Service tailored to his or her needs.
7.2. The Client has the right to receive necessary and accurate information about the Services provided.
7.3. The Client have the right to receive advice and assistance if their rights have been infringed.
8. PAYMENT FOR THE SERVICE
8.1. The Client undertakes to pay for the health care service provided to him or her according to the valid price list of the MHC, unless the obligation to pay is assumed by the Health Insurance Fund or another person.
8.2. The current price list is published on the MHC website at www.vaimsetervisekeskus.ee/hinnakiri
8.3. The Client shall pay 100% of the advance payment at the time of booking.
8.4. If the Client is unable to come to the appointment and has given 24 hours of advance notice of this, the MHC undertakes to offer the Client a new appointment or to refund the Client the amount of the advance payment within three working days.
8.5. In the case of less than 24 hours’ notice, the MHC will refund 50% of the service price. If the Client does not appear at the appointment, the MHC is not obliged to reimburse the Client for theamount paid for the Service.
9. PROTECTION AND PRIVACY OF PERSONAL DATA
9.1. The MHC shall protect and keep confidential the personal information disclosed to it, record only the relevant information and not disclose the information received without the Client’s consent.
9.2. The obligation of secrecy may be deviated from to a reasonable extent, if the Client or other persons would be significantly harmed by the non-disclosure of the information.
9.3. The MHC shall provide information on attendance at appointments or therapy if an official request is made by the police.
9.4. The MHC processes personal data, including the Client’s health data, for the provision of the service and for the performance of other tasks required by law for the provision of the Service.
10.1 The Client understands that the Service can be provided to a high standard if the Client actively participates in the provision of the Service and follows the instructions given by the MHC staff.
10.2. The Client understands that the MHC cannot guarantee the success of the Service or that the result of the provision of the Service will fully meet the Client’s expectations.
10.3. The MHC cannot guarantee the Client’s recovery.
11. RIGHTS TO THE RESULTS OF INTELLECTUAL ACTIVITY
11.1 The exclusive rights to the Service are owned by the MHC.
11.2. Except in cases expressly provided in this contract, the Client shall not acquire any intellectual property rights in the use of the Services.
11.3. All intellectual property and other applicable rights related to the Service and its components are owned by the MHC.
11.4. The Client is prohibited from copying, reproducing, modifying, processing, displaying, distributing, publishing, transferring, selling or otherwise exploiting, in whole or in part, the results of intellectual activity without the prior and explicit authorisation of the service provider. Except in cases where the representative of the MHC has expressly consented to the free use of the result of the intellectual activity by any person.
11.5. Any use of the Service, except as expressly permitted by this contract, is prohibited for the user and shall be deemed a breach of the terms and conditions of the contract.
12. FORCE MAJEURE CIRCUMSTANCES
12.1 The parties shall be released from any liability for the partial or total non-performance of any of their obligations under this contract if such performance became impossible due to force majeure resulting from extraordinary events occurring after the conclusion of the contract, including but not limited to the following circumstances:
12.1.1. war, hostilities (whether or not war is declared), invasion, unexpected military attack, action by an enemy army, state, or enemy;
12.1.2. insurrection, rebellion against lawful authority, civil disturbance, riot, rebellion, organised armed resistance against the government, military coup, civil war, training to prevent terrorist attacks, riots in crowded places;
12.1.3. flood, fire, arson, earthquake, storm, lightning strike, landslip (landslide), or other acts of God;
12.1.4. epidemic, disease, death, raid, sabotage, crime, explosion, acts of terrorism of any kind;
12.1.5. Adoption of acts by public or municipal authorities and administrative bodies which impede performance of the contract;
12.1.6. technical failure of public telecommunication and/or electricity networks, malicious programmes, as well as dishonest activities by third parties in the form of actions aimed at unauthorised access to and/or denial of access to the software and/or hardware or other such event.
12.2 The party affected by an event of force majeure shall, as soon as possible, notify the other party in writing within three (3) working days, providing confirmation of the event of force majeure issued by a competent state or public authority.
12.3. In the event of force majeure, the time limit for the performance of the parties’ obligations under this contract shall be extended in proportion to the duration of the force majeure circumstances.
12.4. If circumstances of force majeure persist for more than one (1) month, either party shall be entitled to refuse further performance of their obligations under this contract, provided that the other party is reimbursed for the expenses actually incurred.
13. FINAL PROVISIONS
13.1. Matters not covered by this contract shall be governed by applicable law.
13.2 All disputes and disagreements arising from or in connection with the contract shall be settled, where possible, by negotiation between the parties. If the parties do not reach an agreement, the disputes will be heard by the Harju County Court in the manner prescribed by the applicable legislation. It is obligatory for the parties to follow the complaints procedure in the settlement of disputes, while the time for responding to a complaint should not exceed 14 (fourteen) calendar days as from the date of its receipt.
13.3. The contract shall enter into force from the moment the Client books an appointment to receive the Service and shall remain in force until the parties’ obligations have been performed in full.