General Terms and Conditions
Please note: The German version of these General Terms and Conditions (“Allgemeine Geschäftsbedingungen”, AGB) is legally binding. This English version is provided for your convenience only. In the text below, “the user” (Verwender) refers to the practice.
§ 1 Scope
These General Terms and Conditions (GTC) govern the contractual relationship between “Osteopathiepraxis Bernau - John Bochnig” as the user (Verwender) and the patient as a treatment contract within the meaning of §§ 611 et seq. of the German Civil Code (BGB), unless otherwise agreed between the contracting parties.
§ 2 Formation and content of the treatment contract
- The treatment contract pursuant to § 630a BGB is concluded when the patient accepts the user’s offer and approaches the user for the purpose of consultation, diagnosis and therapy. No treatment contract is concluded through the booking function on the user’s website.
- The user is entitled to refuse the conclusion of a treatment contract without giving reasons.
- The user provides their services to the patient in such a way that they apply their knowledge and abilities for the purpose of practising the healing arts and osteopathy for the patient’s information, consultation, diagnosis and therapy.
- The patient decides freely on the diagnosis and treatment options according to their own state of health, after being comprehensively informed by the user about the applicable methods and their advantages and disadvantages from a professional and economic point of view. The individual treatment steps are agreed between the patient and the user. The user is entitled to apply the methods that correspond to the patient’s presumed wishes, if and to the extent that the patient does not make a decision on this.
- Success of the treatment cannot be guaranteed. The user also applies methods that are not recognised within conventional medicine, that are not generally explicable and that correspond to the state of science. If the patient wishes to be advised, diagnosed or treated exclusively according to scientifically recognised methods, they must declare this to the user in writing before the start of treatment.
- The user may not issue certificates of incapacity for work (sick notes) for patients with statutory health insurance and may not prescribe prescription-only medication.
§ 3 Use of the Billfox appointment calendar and cancellation fee
The appointment reserved in the Billfox appointment calendar is held open for the patient in our appointment-only practice (Bestellpraxis). If the patient does not attend this appointment without informing the practice in good time – i.e. 24 hours before the appointment – this can result in considerable financial losses due to downtime. As a rule, no other patients can be treated at short notice during the treatment time scheduled for the respective patient.
Even before the treatment contract is concluded, there is a contract-like relationship of trust that requires the exercise of the care customary in business dealings (culpa in contrahendo, § 311 (2) BGB in conjunction with §§ 280 (1); 241 (2) BGB), which is why a breach of this duty gives rise to a claim for damages in the amount of the reliance loss (Vertrauensschaden).
In this case, the patient will be charged a flat-rate cancellation fee of EUR 80.00 for the scheduled treatment, unless the absence was through no fault of the patient. In that case, the patient must communicate the reasons immediately and, if necessary, provide evidence.
§ 4 Confidentiality of treatment
- The user treats patient data confidentially and provides information to third parties regarding diagnosis, consultation and therapy, their accompanying circumstances and the patient’s personal circumstances only with written consent. The written form may be waived if the provision of information is in the patient’s interest and corresponds to their presumed wishes.
- Insofar as the user is legally obliged or entitled to provide information, the user may provide information about the data even without the patient’s consent.
§ 5 Access to the patient file
- The user keeps a digital working file (Handakte) on each patient. Surrender of this file to the patient is excluded.
- The patient may request the provision of copies from the file, subject to costs and fees. This entitlement does not apply to records containing subjective impressions of the user.
§ 6 Termination of the treatment contract
- The treatment contract may be terminated by either party at any time without observing a notice period.
- Termination by the user at an inopportune time (zur Unzeit) is only permissible for good cause. Good cause exists in particular if the patient intentionally fails to provide information required for treatment, or provides it incorrectly or incompletely, if the user cannot or may not treat, or if a conflict of conscience may arise.
- The user’s fee claims that have arisen at the time of termination remain unaffected by the termination.
§ 7 Remuneration of the Heilpraktiker
- Upon conclusion of the treatment contract, the user’s claim to remuneration against the patient arises.
- If no fee has been individually agreed between the user and the patient, the fee is based on the fee schedule for non-medical practitioners (Gebührenverzeichnis für Heilpraktiker, GebüH) in its respective applicable and current version.
- Private health insurers or supplementary insurers may, under certain circumstances, reimburse the fee of the Heilpraktiker. The numerous tariffs of private health insurers differ considerably in their scope of benefits. It is the patient’s responsibility to find out about the respective conditions of their health insurance before treatment.
- If appointments are not kept by the patient or are cancelled less than 24 hours before the appointment, the appointments must nevertheless be paid in full. This does not apply insofar as the patient is prevented from attending the appointment due to a circumstance for which they are not responsible.
- The user’s fee claim includes the medicinal products and consumables used. The use of medicinal products brought by the patient is excluded.
- The dispensing of medicinal products to the patient by pharmacies, where recommended or prescribed by the user, constitutes a contract between the patient and the pharmacy, to which these General Terms and Conditions do not apply.
- In special cases that go beyond the usual treatment time or require a home visit, additional costs apply. These costs are not based on the duration of a treatment.
§ 8 Due date and invoicing
Invoices are sent by email following the appointment. The fee is due immediately after completion of a treatment unit. The fees must be transferred by the patient within 14 days of receipt of an invoice.
§ 9 Reimbursement of the fee by third parties
- Insofar as the patient has a claim to reimbursement of the fee against third parties, the user’s fee claim is not affected by this. The user invoices exclusively to the patient.
- The scope of the user’s services is not limited to reimbursable services of third parties.
- Information and certificates in connection with the reimbursement of the fee by third parties are provided to the patient on request, subject to a fee. Information is provided to third parties only insofar as the user is legally obliged to do so, or after written release from the duty of confidentiality by the patient towards the user.
§ 10 Severability clause
If these General Terms and Conditions have not become part of the contract in whole or in part, or are invalid, the remainder of the contract shall remain effective. Insofar as provisions of these General Terms and Conditions have not become part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.