§ 1 Scope of Application
The General Terms and Conditions (GTC) govern the contractual relationship between the osteopath and naturopath as the provider and the patient as the treatment contract in accordance with §§ 611 ff. BGB, unless otherwise agreed between the contracting parties.
§ 2 Conclusion and Content of the Treatment Contract
- The treatment contract according to § 630a BGB is concluded when the patient accepts the offer of the provider and seeks the naturopath for the purpose of consultation, diagnosis, and therapy. The treatment contract is concluded through the binding booking function on the provider’s website.
- The naturopath is entitled to reject the conclusion of a treatment contract without stating reasons.
- The naturopath provides services to the patient by applying their knowledge and skills for the purpose of informing, advising, diagnosing, and treating the patient.
- The patient freely decides on the diagnosis and therapy options based on their well-being, after being comprehensively informed by the naturopath about the applicable methods and their advantages and disadvantages in professional and economic terms. The individual steps of therapy are agreed upon between the patient and the naturopath. The naturopath is authorized to apply methods that correspond to the presumed will of the patient if the patient does not make a decision about it.
- The naturopath often applies methods that are not medically recognized, not generally explainable, and do not correspond to the state of science. These methods are generally not causally functional and, therefore, not goal-oriented. Subjective success cannot be promised or guaranteed. If the patient rejects the application of such methods and wishes to be advised, diagnosed, or treated exclusively according to scientifically recognized methods, they must declare this to the naturopath in writing before the start of the treatment.
- The naturopath is not authorized to issue sick notes for legally insured individuals and is not allowed to prescribe prescription medications.
§ 3 Use of the E-Appointment Calendar and Cancellation Fee
The appointment reserved in the E-Appointment Calendar is held for the patient in our practice. If the patient fails to attend this appointment without notifying the practice in a timely manner, i.e., 24 hours before the appointment, significant financial losses may occur. In general, other patients cannot be treated during the scheduled treatment time for the respective patient.
Even before the conclusion of the treatment contract, there exists a quasi-contractual trust relationship that obliges adherence to the care required in traffic (culpa in contrahendo, § 311 Abs. 2 BGB in conjunction with §§ 280 Abs. 1; 241 Abs. 2 BGB). Therefore, in the event of a breach of this duty, a claim for damages arises in the amount of the trust damage.
In this case, the appointment will be invoiced to the patient in the normal course, unless the absence was unavoidable. In this case, the patient must communicate the reasons immediately and, if necessary, provide evidence.
§ 4 Confidentiality of Treatment
- The naturopath treats patient data confidentially and provides information to third parties regarding diagnosis, advice, and therapy, their circumstances, and the patient’s personal situation only with the written consent of the patient. The written form requirement can be waived if providing information is in the patient’s interest and corresponds to their presumed will.
- To the extent that the naturopath is legally obligated or entitled to provide information, the naturopath may provide information about the data without the patient’s consent.
§ 5 Access to the Patient File
- The naturopath maintains a digital file for each patient. Release of this file to the patient is excluded.
- The patient can request the release of chargeable copies from the file. This claim does not apply to recordings containing the subjective impressions of the naturopath.
§ 6 Termination of the Treatment Contract
- The treatment contract can be terminated at any time by both parties without observing a notice period.
- However, termination by the naturopath at an inconvenient time is only permissible if there is good cause. Good cause exists, in particular, if the patient does not, incorrectly, or intentionally incompletely provide necessary anamnesis or diagnostic information, if the naturopath cannot or may not treat due to specialization or legal reasons, or if there are reasons that could put the naturopath in a moral conflict.
- Honorarium claims of the naturopath that have arisen at the time of termination remain unaffected by the termination.
§ 7 Remuneration of the Naturopath
- With the conclusion of the treatment contract, e.g., through an appointment arrangement, the naturopath’s claim to remuneration arises against the patient.
- If no fee has been individually agreed between the naturopath and the patient, the fee is based on the Fee Schedule for Naturopaths (GebüH) in its currently valid and updated version.
- Private health insurances or supplementary insurances may reimburse the naturopath’s fee under certain circumstances. The numerous tariffs of private health insurances differ significantly in terms of the scope of services. It is the patient’s responsibility to inform themselves about the respective conditions of their health insurance before treatment. Invoicing is done independently of cost coverage.
- If appointments are not kept by the patient or canceled less than 24 hours before the appointment, the appointments must still be fully compensated. This does not apply if the patient is prevented from attending the appointment due to circumstances beyond their control.
- The naturopath’s fee includes the use of medications and consumables. The use of medications brought by the patient is excluded.
- The dispensing of medications by pharmacies to the patient, recommended or prescribed by the naturopath, constitutes a contract between the patient and the pharmacy, to which these General Terms and Conditions do not apply.
§ 8 Due Date and Invoicing
The fee is due immediately upon the conclusion of the contract, i.e., when an appointment is bindingly booked via the online booking platform.
§ 9 Fee Reimbursement by Third Parties
- To the extent that the patient has a claim for reimbursement of the fee from third parties, the naturopath’s claim to the fee is not affected. The naturopath’s billing is exclusively against the patient.
- The scope of the naturopath’s services is not limited to reimbursable services from third parties.
- In connection with the reimbursement of the fee by third parties, information and certificates related to this will be provided to the patient on request, and they are subject to a fee. Disclosure to third parties will only occur if the naturopath is legally obligated to do so or with the written consent of the patient to the naturopath.
§ 10 Severability Clause
If these General Terms and Conditions have become wholly or partially non-binding or ineffective, the contract remains effective in all other respects. To the extent that provisions of these General Terms and Conditions have not become part of the contract or are ineffective, the content of the contract is determined by statutory provisions.