STANDARD FORM CONTRACT FOR RENDERING OF FEE-BASED SERVICES
This Public Contract (hereinafter referred to as the "Contract ") defines the procedure for provision of health treatment and recovery services as well as other services provided by the Health Resort, mutual rights, obligations, order of mutual relations between the Health Resort "Berezka", JSC "Belaruskali", hereinafter referred to as the "Contractor", represented by the Head of Department for Social Development and Housing & Public Utilities, acting on basis of the Power of Attorney No. 225 dd. 15.12.2017, and the consumer of services, hereinafter referred to as the "Customer", who accepted the public offer to conclude the present Contract.
1. DEFINITIONS USED IN THE CONTRACT
1.1. Terms and definitions
In this Offer, unless the context requires otherwise, the following terms have the following meanings:
Contractor is the Health Resort "Berezka", JSC "Belaruskali", registered by the decision of the Minsk Regional Executive Committee dated 27 September 2010 in the Unified State Register of Legal Entities and Individual Entrepreneurs under No. 600122610, a special permit (license) for the right to carry out medical activities No. 02040/6673 dated 25 November 2010 (valid up to 25 November 2025), legal/postal address - Republic of Belarus, Soligorsk, Korzha St., 5 / Soligorsk, Lesnoy proezd, 1, official website - http://berezka-sanatory.by.
Customer is an individual person that concluded this Contract with the Contractor on terms and conditions fixed therein, ordering, purchasing the goods (works, services) or using the goods (the results of works, services) exclusively for personal, family, household and other needs not related to implementation of business activities, or a person specified (mentioned) while placing the Order as a Customer.
Parties are a reference to the Contractor and the Customer when jointly mentioned in this Contract.
Official website is an information resource placed by the Contractor in Internet at http://berezka-sanatory.by, allowing to carry out an order for purchase or selection and purchase of services for health treatment and recovery as well as other services provided by the Health Resort.
Health treatment and recovery services as well as other services provided by the Health Resort are the subject of purchase and sale submitted by the Contractor for sale and formation of the Order.
Order is separate items from the list of services provided by the Contractor, specified by the Customer while placing the Order by telephone and fax, e-mail (http://berezka-sanatory.by), official pages of social media sites in Internet and other resources, as well as personal address to the Contractor.
Offer is a public offer of the Contractor addressed to any individual to conclude a contract of sale on terms stipulated in this Contract.
Acceptance is a full and unconditional acceptance by the Customer of the terms and conditions of this Contract.
Transfer is the transfer of goods (results of works, services) to the Customer by the Contractor in one of the ways listed on the official website and chosen by the Customer while placing the Order.
Selection is the offer of a service on terms listed on the official site and selected by the Customer while placing the Order.
2. GENERAL PROVISIONS. CONCLUSION OF THE CONTRACT.
2.1. Conclusion of the Contract shall be carried out by means of the Customer's accession to this Contract, i.e. by means of acceptance of terms and conditions of this Contract as a whole without any conditions, withdrawals and limitations (Article 398 of the Civil Code of the RB).
2.2. Acceptance of this offer is the Customer's advance payment of the Order in accordance with terms and conditions of the Contract which is equivalent to the conclusion of the contract on terms and conditions set forth in the Offer.
2.3 This Contract is considered to be concluded in a simple written form (paragraphs 2, 3 Article 404, paragraph 3 Article 408 of the Civil Code of the Republic of Belarus) provided that the procedure of its acceptance was followed correctly.
2.4. The Contractor reserves the right to make changes in this Contract and in data on the official website, in this respect the Customer undertakes to get acquainted with the text of this Contract and the data on the official site at the moment of placing the Order.
2.5. The Customer by accepting this Offer agrees with all terms and conditions set forth in this Contract, with the invoice and data posted on the official website at the moment of placing the Order.
2.6. Each Party guarantees to the other Party that it has the right and sufficient legal capacity, as well as all other rights and authorities necessary for the conclusion and execution of this Contract.
2.7 Based on the above, carefully read the text of the public offer, and if you do not agree with any point of the offer, you are invited to refuse to purchase and use the services provided by the Contractor and not to take actions to accede to the Contract.
3. SUBJECT OF THE CONTRACT AND PRICE OF THE SERVICES
3.1 The Contractor is obliged to provide and the Customer shall accept and pay for services for health treatment and recovery as well as other services provided by the Health Resort in accordance with terms and conditions of this Agreement posted on the official website of the Contractor and on information stands of the Contractor.
3.2 Prices for health treatment and recovery services, as well as other services provided by the Health Resort are determined by the Contractor and indicated on the official website of the Contractor.
3.3 Price for health treatment and recovery services as well as other services provided by the Health Resort is indicated for each category of the rooms in BYN for residents of the Republic of Belarus and for non-residents of the Republic of Belarus.
3.4. Price for spa treatment and recovery services as well as other services provided by the Health Resort may be changed by the Contractor unilaterally. However, the price of services for health treatment and recovery (other services provided by the Health Resort) fixed in the Order and paid by the Customer in full in accordance with the procedure, within the period and under the conditions specified in this Contract, is not subject to change, except in the case when the change in price is caused by the requirements of regulatory legal acts of the Republic of Belarus.
In case when increase in prices for services is caused by the requirements of the regulatory legal acts of the Republic of Belarus, the Contractor has the right to offer the Customer to make an extra payment, and in case of its refusal to cancel the Contract and return the money.
3.5 The Contractor shall be entitled to provide the Customer with discounts on spa treatment and recovery services, as well as other services provided by the Health Resort and establish a bonus system. Types of discounts, procedure and terms of accrual and provision may be changed by the Contractor unilaterally.
3.6. Health Resort treatment and recovery services are registered in a voucher. The purpose of purchase of services is exclusively for: personal, family, household and other needs not related to the implementation of business activities.
3.7 The Customer has the right to purchase extra medical services (in the absence of contraindications and by prescription of the Contractor's doctor) on a compensatory basis at prices and conditions specified in this Contract and placed on the Contractor's information stands, if there is availability.
4. PLACEMENT AND CANCELLATION OF THE ORDER. ON-LINE REGISTRATION
4.1 The Customer may place an order for services for health treatment and recovery as well as other services provided by the Health Resort by phone, fax, e-mail (http://berezka-sanatory.by), completing the special forms and online consultant on the official website of the Health Resort “Berezka”, JSC Belaruskali, official pages in social networks in Internet and other resources as well as addressing the Contractor personally.
4.2 When the Order is placed, the Contractor shall process the Order (if necessary, it agrees with the Customer the information fixed in the Order by contact phone, e-mail or otherwise to clarify and check the correctness of the Order) and confirm the Order to the Customer sending an invoice or a message on information required for payment by phone and fax, e-mail or by posting messages on the official website of the Health Resort “Berezka”, JSC Belaruskali, social media or by courier.
4.3. All data presented on the Contractor’s Official website, social media in Internet are of a reference nature only and cannot fully present the entire information on certain properties and parameters of services for health treatment and recovery as well as other services provided by the Health Resort and do not take into account the individual physiological measurements of the Customer. In case the Customer has any questions regarding the properties and parameters of services for health treatment and recovery as well as other services provided by the Health Resort, then before placing the Order the Customer should ask the Contractor for an advice by phone specified in the section "Contacts" on the Official website of the Contractor, send a request to the e-mail address of the Contractor, contact the Contractor online on its official site or use "Feedback" form.
4.4. Publication of information that obviously does not correspond to spa treatment and recovery services as well as other services provided by the Health Resort, including prices, photos and descriptions, is recognized as a technical error.
4.5. While online registering on the Official website and placing an Order, the Customer provides (and, if available, the Contractor confirms) the following information on itself and persons it buys services for:
1. full name of the Customer;
2. date of birth;
3. phone number (in the international format: country code, operator code, phone number, e.g +375 44 7959218);
5. passport data: series, number, date of issue, issuing authority
6. personal ID number;
7. postal code;
8. address of registration and/or address of residence;
9. other information required.
4.6. The Customer agrees and allows the Contractor to collect, process and store its personal data specified during the registration (Order execution) in order to implement the conditions of this Contract.
4.7. The Contractor undertakes not to disclose the Customer's personal data to persons not related to the execution of the Order, except in cases where submission of such data must be effected in accordance with the requirements of the legislation of the Republic of Belarus.
4.8. The Customer is solely responsible for the content and reliability of the information provided during the registration and ordering process.
4.9. The Customer confirms that prior to the registration of the Order the Customer has been provided with and fully acquainted on the official website of the Contractor or on the information stands of the Contractor with the necessary and reliable information on the purchased services for health treatment and recovery as well as other services provided by the Health Resort, the related services provided by the Contractor, including the information containing:
name (company name) of the Contractor, its location, operation mode;
name of services;
regulation documents regarding requirements to the quality of goods;
information on the main consumer properties of services;
price and terms of payment for services;
types and features of services offered by the Contractor;
information on terms and conditions of the Order.
4.10. The Customer confirms the purchase of services for use not related to business activity.
5. PAYMENT OF THE ORDER AND SETTLEMENT PROCEDURE
5.1. Payment for the Order by the Customer shall be made on terms and conditions specified on the official website and information stands of the Contractor, invoice for the purchased services by bank transfer of funds to the current account, through WebPay payment system, by credit card or in cash at the cash desk of the Contractor.
5.2. Payment is made:
5.2.1. by residents and non-residents of the Republic of Belarus in BYN in form and methods specified in the "Voucher" section on the official website of the Contractor;
5.3. The date of payment is considered to be the date of receipt of funds to the current account of the Contractor or the date of cash deposit to the cash offices of the Contractor.
5.4. No interest for the use of commercial loan is charged on the amount of advance payment.
5.5. In case of non-payment of the Order within the established term, the Order will be cancelled. If advance payment is made by the Customer after the payment deadline, these funds are accepted by the Contractor in the form of advance payments (advance payment) for the future Orders of the Customer, issued in accordance with the terms of this Contract.
5.6. The Customer pays the Resort Fee upon arrival at the Health Resort in the amount of a percentage established by the regulation on the Resort Fee in the wording of the decision of the Soligorsk District Council of Deputies.
5.7. In case of return of a voucher and cancellation of an order from individuals for which partial or full payment has been made, unless otherwise specified in the Contract, the refund is made in the following cases and amounts:
5.7.1. if it is necessary to cancel the reservation, return the voucher purchased by the person or reduce the period of stay for valid reasons (acute illness, period of reconstruction after the infectious disease, death of close relatives, withdrawal from vacation), confirmed by the relevant documents (upon presentation of a medical report on contraindications to the health treatment of the holder of the voucher, issued after signing the Contract for the purchase of services, etc.) - in the amount of the voucher. If a partial payment is made for the voucher - in the amount of the deposited funds;
5.7.2. in case of failure to arrive, delay, early departure from the Health Resort without a valid reason, the funds for unused days and the partial payment are not returned.
6. PROCEDURE AND TERMS OF SERVICE PROVISION
6.1. Services for health treatment and (or) recovery as well as other services provided by the Health Resort are rendered in case of their full payment by the Customer in accordance with the procedure and within the terms specified in this Contract and after payment of taxes and fees which are mandatory in accordance with the requirements of the legislation of the Republic of Belarus.
6.2. In case of refusal to pay for services, taxes and fees, payment for which is mandatory in accordance with the requirements of the legislation of the Republic of Belarus, in full or in part, as well as absence of information on payment of such services, taxes and fees, the Contractor has the right not to issue a voucher(s) to the Customer and not to provide services.
6.3. Documents confirming the right to provide medical treatment and recovery services may be handed over in the form of a voucher in a written form by mail or courier.
6.4. Additional services that are not included in the package of services purchased by the Customer under the voucher or other type of services for temporary accommodation may be provided only upon availability for its provision, absence of medical contraindications, presence of medical indications after the conclusion of the physician of the Contractor (for medical services), however absence of necessary information that does not allow to determine the possibility of providing such services to the Customer is a reason for refusal to provide them.
6.5. Upon arrival at the Health Resort the Customer is obliged to present its passport, a voucher (if it was sent to the Customer under conditions of this Contract), certificate of health (or Medical records certificate or health resort medical card, epicrisis, other document containing similar information on health of the client, certified accordingly) issued not later than one month prior to the arrival date.
6.6. Upon arrival at the Health Resort the Customer shall sign the registration form which is an integral part of the Contract, thus also confirming its agreement with all the terms and conditions of the Contract. Failure to sign the registration form by the Customer does not allow the Contractor to provide services and the advance payment made is not refundable.
6.7. Other issues not included in this Contract shall be regulated in accordance with the current legislation of the Republic of Belarus.
6.8. The Contractor shall have the right to terminate the Contract unilaterally in case of adoption (publication) of a regulatory legal act, which does not allow him to ensure the performance of this Contract.
7. DETAILS OF THE PARTIES
7.1. The Parties unconditionally agree to consider the information specified by the Customer while placing the order for health treatment and recovery services as the Customer's details.
7.2. Contractor’s details:
223710 Minsk Region
Soligorsk, Korzha St., 5
current account BY88AKBB30120015901246600000
JSC “ASB “Belarusbank”
Soligorsk, Kozlova St., 23а
UNP (Taxpayer Identification Number) 600122610,
OKPO (State Registry of Enterprises and Organizations) 00203950
tel. + 375 174 25 67 14