Ultrasound examination: lawsuit threatens lawsuit

Ultrasound examination: lawsuit threatens lawsuit

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What happens when you schedule an appointment for an ultrasound scan but cancel it? Right of abatement and a doctrinal story. Not just for baby.

An ultrasound examination and lessons

In the contract loser?

Our story involves a 37-week-old mom who inquired by phone after a private 2D ultrasound examination. Since the order is very favorable, the 2D ultrasound was also advertised for below 5000 HUF, so the choice was made. After asking for my home and phone number, I found a $ 9,000 test price, which the lady, after a short thought, waived. However, the reaction was more than surprising. In a short sms, not even in a friendly tone, the operating company announced (the exact name of the company cannot be given for legal reasons) that according to their terms of business, the examination fee must be paid even if the patient does not arrive for the examination. He also made it clear that if the mother does not transfer the money to the given number, she will turn to her, and naturally the overpaying mother will have to pay.
The lady has repeatedly told the company that she does not want to take the service.
However, it seems that the company is not letting the customer down. Another phone call, another threatening tone came via sms. Here, however, the maternal patience of the mother has already been exhausted: she looks to turn to consumer protection.

The other side

The point of the company is that the whole conversation was recorded over the phone, which clearly shows that the lady signed up for us, which is a treaty. The more expensive exam is because the mother is 37 weeks pregnant, so she needs a more complex exam.
The ultrasound examination company website does indeed contain a business code which states that telephone appointment is considered a verbal contract. This means that the reservation cannot be canceled unless the patient signs up at another time. If you do not make the reservation by the due date, the reservation will be canceled as it was created at check-in.
In other words, if you make an appointment, you should definitely pay for it. Even if you do not subscribe to the service.
A brief search revealed that the company also provides other health services, and sells the same in the same way. According to these terms, the booking is considered to be a freelance contract and cannot be canceled within 24 hours.
However, a relatively new 2014 government decree says nothing.

Consumer reaction

The lady and her couple have come into contact with consumer protection because, in their view, they have the ability to make money from the contractor. The National Consumer Protection Council has given them the truth. We also advised you to complain about the Consumer Center.

But let's see what exactly you are up to!

What do you need to know about a phone contract?
When entering into a telephone contract, the service provider must disclose the name, address and telephone number of the service provider, as well as expressly inform you that the contract is to be booked in this case.
Unless you give us an unambiguous, expressly affirmative statement on the phone offer, the contract will not be established. When you sign up for a telephone contract, you need to know that within 14 business days of your contract, you may withdraw from the contract without any adverse legal consequences. The expectant mother did this from 2 уrбn.
The right of withdrawal is limited in that you cannot exercise it once the service has already begun to be provided. In the present case, this did not happen, the service was not used by the expectant mother. Further information that if your business does not provide you with a deadline and other terms and conditions for exercising your right of employment, your term of service will be extended by twelve months.

Elgondolkodtatу ...

It seems that the practice of the company is not in line with the law. And this raises countless requests.
Does this ugly bitch get pregnant for a little mom? What can other expectant mothers react to this seemingly unethical behavior? Could they have chosen to avoid paying the higher penalty, rather than paying for the service that was not required?

A phone

Of course, I also found the address by phone. First and foremost, I was interested in what the temptingly low-priced test price on the homepage is. My caller Price said bluntly that this is marketing. After all, if I can get it, I know that the lure will get the baby too. First, I just click on a menu point a couple of inches away and see what I get three times as many test awards.
Following this, in a very detailed briefing, I tried to convince myself that I would be much better off with my baby if I chose their more expensive warranty package. He explained in detail that while the cheaper 4D exam will take less time to ultrasound, the more expensive package will come with a 20- to 25-minute 4D performance, which they guarantee. If necessary, they will be extended during the exam, and if they fail, I will get the money back.
I did not get a response to ask who is doing the exam. However, yes, it is worth choosing 4D ultrasound from the age of 12 weeks, so I have to go after the genetic test.
There was no additional information about the appointment (although the website does inform about this), but yes, the weekly exam is called for.
No information was given about the test taker (possibly the doctor). I didn't make an appointment. I didn't want to expose myself to endless phone harassment.

And what's the lesson?

Pay attention to your rights and opportunities in paid health services for pregnant women! Don't let them talk about something you don't want with a determined, violent style. If you are uncertain, make a decision before committing to a service!
And remember: you also have the right to survive!
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