PUBLIC AGREEMENT FOR THE PROVISION OF PAID SERVICES
This document, posted by the "Magistralny" Sanatorium of the separate structural subdivision (branch) of the transport republican unitary enterprise "Baranovichi Branch of the Belarusian Railway" on the Internet at the address: https://magistralny.by, as well as in a publicly accessible place on the information board at the address: Baranovichi, Gaievaya Street, 61, constitutes, in accordance with Clause 2 of Article 407 of the Civil Code of the Republic of Belarus, a public offer to every individual, hereafter referred to as the Customer, seeking the provision of paid medical services, accommodation services, catering services, spa procedures, swimming pool, sauna, and other services (hereinafter referred to as paid services).
Acceptance of the offer means that the Customer agrees with all the provisions of this proposal (offer) and is equivalent, in accordance with Article 396 of the Civil Code of the Republic of Belarus, to the conclusion of a public agreement for the provision of paid services with the Enterprise "Baranovichi Branch of the Belarusian Railway", hereafter referred to as the Performer, represented by the Head of the "Magistralny" Sanatorium, Igor Leonidovich Nevar, acting under authorization No. 72-25-15/48 dated September 23, 2024, with every individual, hereafter referred to as the Customer, who has approached the Performer for such paid services.
The public agreement for the provision of paid services must be accepted by the Customer by joining the agreement as a whole without any conditions, exceptions, or reservations (Article 398 of the Civil Code of the Republic of Belarus).
The full and unconditional acceptance of this public offer is the signing of the Voluntary Informed Consent for the provision of paid services (Appendix to this Public Agreement for the provision of paid services - offer for the provision of paid services) by the Performer and/or the payment by the Customer for the paid services proposed by the Performer (Clause 3 of Article 408 of the Civil Code of the Republic of Belarus).
This agreement (hereinafter referred to as the Agreement), provided the procedure for its acceptance is observed, is considered concluded in simple written form (Clauses 2, 3 of Article 404 and Clause 3 of Article 408 of the Civil Code of the Republic of Belarus). Services under the Agreement can be provided repeatedly.
1. SUBJECT OF THE AGREEMENT
1.1. In accordance with the Agreement, the Performer undertakes to provide the Customer with paid services on a reimbursable basis, meeting the requirements for diagnostic, preventive, and treatment methods permitted in the territory of the Republic of Belarus, and the Customer undertakes to timely pay the cost of the provided paid services, as well as comply with the Performer's requirements ensuring the quality provision of medical services, including providing the necessary information about themselves for this purpose, and comply with the Performer's internal regulations.
1.2. The list and cost of paid services provided to the Customer are established by the Performer's Price List.
1.3. In executing the Agreement, the Performer and the Customer, jointly referred to as the Parties, are guided by the current legislation of the Republic of Belarus regulating the provision of paid services to the public.
1.4. The Customer confirms that before the moment of concluding this Agreement, they have familiarized themselves with and agree to the Performer's Price List for paid services, published on the Performer's website https://magistralny.by and/or in a publicly accessible place on the Performer's information board at the address: Baranovichi, Gaievaya Street, 61.
1.5. The Parties recognize the location of the Performer as the place of conclusion of the Agreement and the place of provision of paid services: the city of Baranovichi, Gaievaya Street, 61. By concluding the Agreement, the Customer confirms that they have familiarized themselves with and agree that at the location of the Performer and provision of paid services, for the purpose of quality control, the Performer conducts audio and video surveillance and recording.
1.6. Provision of services to Customers in relation to minors (under eighteen years) or incapacitated citizens is allowed only in the presence of their legal representatives (parents, adoptive parents, guardians, trustees) upon presentation of documents confirming such status.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Performer has the right:
2.1.1. To independently determine the nature, scope of examinations and manipulations necessary for establishing the diagnosis, prevention, and treatment of the Customer. 2.1.2. To unilaterally make changes to the Price List and the Agreement for the provided paid services. 2.1.3. Not to commence the provision of paid services or postpone the date of provision of such services to another time if the Customer does not provide the information necessary for the Performer to fulfill its obligations for the provision of paid services. 2.1.4. In case of unforeseen absence of the specialist doctor to whom the Customer is booked, on the day appointed for the provision of the paid service, the Performer has the right to refer the Customer to another specialist doctor provided the Customer agrees. 2.1.5. To cooperate, when providing paid services, with other medical institutions and specialists (third parties), including engaging them for the provision of services in accordance with this Agreement. In case of engaging third parties, the Performer bears responsibility to the Customer for the quality of services provided with the involvement of third parties, and the Performer guarantees that said third parties possess all necessary special permits (licenses), qualifications, and powers required by the current legislation of the Republic of Belarus for conducting medical activities. 2.1.6. To refuse admission to the Customer, if this does not threaten the Customer's life and is not related to emergency assistance, in cases of:
2.2. The Performer is obligated:
2.2.1. To timely and qualitatively provide services in accordance with the terms of the Agreement and in compliance with the requirements of the current legislation of the Republic of Belarus. If necessary, to compile and agree with the Customer, orally or in writing, the sequence and timelines for the provision of paid services. 2.2.2. In its activities for providing paid services, to use methods of prevention, diagnosis, treatment, medical technologies, medicines, medical devices, and disinfectants permitted for use in the manner established by the current legislation. 2.2.3. To provide the Customer with information, including details about the place of service provision, the Performer's working hours, list of services indicating their cost, the procedure for service provision, as well as information about the qualifications of the Performer's specialist doctors. 2.2.4. To ensure the confidentiality regime regarding the Customer's health status in accordance with the legislation on medical confidentiality. 2.2.5. To provide the Customer with access to medical documentation regarding their health status and to issue, upon their written request, appropriate extracts from medical documents. 2.2.6. To comply with the requirements of the legislation of the Republic of Belarus, including those stipulated by the Law of the Republic of Belarus dated May 7, 2021 No. 99-3 "On the Protection of Personal Data", aimed at ensuring the protection of personal data, rights, and freedoms of individuals during the processing of their personal data.
2.3. The Customer has the right:
2.3.1. To receive from the Performer, in an accessible form, reliable and complete information about the services provided by the Performer, their cost, payment conditions, and the Performer's working hours. 2.3.2. To obtain from the Performer available information about their own health status, including information about examination results. 2.3.3. To independently, based on the Performer's current Price List, determine the list of services they wish to receive within the framework of this agreement, taking into account recommendations received from the Performer. 2.3.4. To obtain extracts from medical documents about their health status on paper, upon written request, based on an identity document. 2.3.5. To protection and non-dissemination of information constituting the Customer's medical confidentiality. 2.3.6. To respectful and humane treatment from the Performer's employees.
2.4. The Customer is obligated:
2.4.1. To timely and fully pay for the Performer's services in accordance with the terms of this Agreement. 2.4.2. To comply with the agreed with the Performer timelines (time) for the provision of paid services. In case of impossibility to arrive at the agreed with the Performer timelines (time) for receiving services, to contact the Performer beforehand about changing the timelines (time) or cancelling the provision of services. 2.4.3. To provide the Performer with their personal data and other information, and documents necessary for the execution of this Agreement. The Customer expresses consent to the Performer for the collection, storage, processing, and use of their personal data for the purpose of performing actions established by the Agreement, including for the purpose of maintaining communication, sending correspondence to the provided postal address, making calls to the provided telephone number(s), sending SMS messages to the provided mobile phone number(s), sending electronic letters to the provided.
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2.4.4. Properly fulfill the terms of this agreement and timely inform the Performer about any circumstances hindering the execution of this Agreement, including informing the Performer about possible allergic reactions to any medications, about past illnesses and complications arising as a result.
2.4.5. Comply with sanitary and hygienic standards at the place of service provision (including: wearing shoe covers, leaving outerwear in the lobby cloakroom).
2.4.6. Treat specialist doctors (medical workers) and other employees of the Performer with respect. The Customer is prohibited from: smoking, consuming alcoholic beverages, narcotic substances on the premises of the Performer (places of provision of paid services, utility rooms, and adjacent territories), using open flame (matches, lighters, etc.), bringing flammable and combustible liquids with them, arriving in a state of alcohol, narcotic, or toxic intoxication.
2.4.7. Treat the Performer's property with care.
2.4.8. Fulfill other obligations provided for by the legislation of the Republic of Belarus.
3. COST OF SERVICES AND SETTLEMENT PROCEDURE
3.1. Payment for services is made by the Customer in the amount of 100% prepayment (one hundred percent) of the cost of the services provided, based on the Performer's current Price Lists.
3.2. Payment for the Performer's services is made by the Customer in Belarusian rubles in cash through the Performer's cash desk, or in Belarusian and Russian rubles by non-cash transfer to the Performer's current (settlement) account, including via a payment terminal. A cash receipt (a copy of the receipt upon request) is issued to the Customer as proof of payment. Payment for paid services provided to a minor or incapacitated citizen is made by their legal representatives - parents, adoptive parents, guardians, or trustees, who in this case act as the Customer.
3.3. The Customer's obligations to pay for services are considered fulfilled at the moment of actual receipt of funds by the Performer.
3.4. The basis confirming the fact of provision of services and their volume is an entry in the sanatorium booklet, a cash receipt, or other documentary information about the volume of provided paid services, drawn up in writing.
The Customer agrees that the primary accounting document confirming the completion of a business transaction is drawn up by the Performer unilaterally in accordance with Resolution of the Ministry of Finance of the Republic of Belarus dated February 12, 2018 No. 13 "On Unilateral Drawing Up of Primary Accounting Documents". The Customer agrees that information on the volume of provided paid medical services is drawn up by the Performer unilaterally in accordance with the current legislation of the Republic of Belarus.
4. FORCE MAJEURE CIRCUMSTANCES
4.1. The Parties are released from liability for partial or complete non-fulfillment of obligations under the Agreement if such non-fulfillment was a consequence of force majeure circumstances.
5. CONFIDENTIALITY
5.1. For the purpose of executing this Agreement, the Customer provides the Performer with their personal data (including: last name, first name, patronymic, date of birth, data of an identity document, registration address and residence address, contact details, etc.).
5.2. According to this agreement, information about the Customer's health status, diagnosis, as well as other information obtained during the provision of services is considered confidential.
5.3. The transfer to third parties, in the interests of examination and treatment of the Customer, of information constituting the Customer's medical confidentiality, is carried out upon written request from medical institutions, law enforcement agencies, and other authorized state organizations in accordance with the current legislative acts.
6. DISPUTE RESOLUTION PROCEDURE. ADDITIONAL CONDITIONS
6.1. The Parties will take all necessary measures to ensure that any contentious issues, disagreements, or claims concerning the Agreement are settled through negotiations and mutual agreement.
6.2. In case the Parties fail to reach an agreement through mutual negotiations, the Party whose rights, in its opinion, have been violated, has the right to file a lawsuit in court. Judicial disputes are subject to consideration at the location of the Performer in accordance with the legislation of the Republic of Belarus.
6.3. The Performer reserves the right to unilaterally change or supplement the terms of the Agreement (public offer), change current tariffs (Price List), introduce new Appendices and Addenda to this agreement. Information about such changes is posted in a publicly accessible place on the Performer's information boards and published on its official website https://magistralny.by.
6.4. The Customer is obliged to independently check for changes or additions to the terms of the Agreement on the Performer's information boards and its official website https://magistralny.by. Continued use of paid services after notification on the Performer's information boards and its official website about changes to the current terms of the Agreement is considered as the Customer's consent to the introduced changes and additions.
7. LIABILITY OF THE PARTIES
7.1. A Party that fails to fulfill or improperly fulfills its obligations under this Agreement bears liability in accordance with the current legislation of the Republic of Belarus.
7.2. The Performer is released from liability for non-fulfillment or improper fulfillment of this Agreement, the cause of which was the Customer's violation of the terms of this Agreement, as well as on other grounds provided for by the legislation of the Republic of Belarus.
7.3. The Customer bears full material liability for damage (damage, destruction) caused to the Performer's property, unless they prove the absence of their guilt.
7.4. The Party whose rights under this Agreement have been violated has the right to send a letter to the other Party outlining its claims. The Party that has received the claim is obliged to respond to it in accordance with the procedure established by law.
7.5. In all cases not provided for in this Agreement, the parties bear liability in accordance with the legislation of the Republic of Belarus.
8. TERM OF THE AGREEMENT
8.1. The Agreement comes into force from the moment of acceptance of the offer and is valid until the Parties fulfill their obligations.
9. FINAL PROVISIONS
INFORMATION ABOUT THE PERFORMER:
Enterprise "Baranovichi Branch of the Belarusian Railway" Sanatorium "Magistralny" 225 410, Brest Region, Baranovichi, Gaievaya St., 61 Account BY09AKBB30126003200151300000 Account BY09AKBB30126003200281300000 at CBU 127 of JSC "ASB "Belarusbank" 225 409, Brest Region, Baranovichi, Shtokkerau Boulevard, 8a BIC AKBBBY2X UNN 200472478 OKPO 01064077