General Terms of Business of Dr. Hager GmbH
§ 1 Scope of Application
(1) These General Terms and Conditions apply, unless otherwise agreed, to the contractual relationships between the dentist and the patient.
(2) The term “dentist” in these General Terms and Conditions also includes a professional practice community of several dentists. (3) Should the treatment contract be concluded with a person other than the patient, the provisions shall apply equally to them.
§ 2 Legal relationship
The legal relationships between the dentist and the patient are of a private law nature. In the case of treatment for patients with statutory health insurance, the regulations for contract dental care also apply
§ 3 Dental documentation and data protection
(1) The dental documentation, particularly patient files, examination findings, X-rays, and other records, is the property of the dentist.
(2) The patient or an authorised representative has the right to inspect the dental documentation and to request information. There is no right to receive original documents. Copies of written documentation can be provided upon request against reimbursement of costs.
(3) Notwithstanding paragraph 2, temporary transfer of original documents, particularly X-rays, to a lawyer authorised by the patient is possible unless there are overriding interests of the dentist against it. Prior to dispatch, any resulting expenses must be reimbursed, and receipt of the records must be acknowledged. Transfer may be refused until expenses are settled.
(4) The collection, use, and processing of data, including its transfer, shall be carried out in accordance with legal regulations, particularly those concerning data protection, medical confidentiality, and social secrecy.
(5) Duty to Cooperate: Patients are obliged to continuously inform the practice about their pre-existing conditions and/or changes in their medication/illness.
§ 4 Cancellation fee
(1) The agreed treatment appointments are fixed appointments. Treatment times are reserved solely for the patient.
(2) If the appointment cannot be attended by the patient, they must inform the dental practice at least 24 hours before the agreed appointment about their inability to attend.
(3) If the patient fails to do so, they must pay a fee of €280.00 per missed treatment hour as a flat-rate compensation to the dentist.
(4) The claim for compensation is waived if the patient was unable to cancel or attend on time through no fault of their own.
(5) Furthermore, it is open to the patient to prove that no damage or less damage than claimed has occurred to the dentist.
(6) Appointments made online must be confirmed within 60 minutes after booking in order to be definitively reserved.
(7) After missing an appointment three times in one of our practices, we can only offer appointments for pain treatment. In case of missing a Saturday appointment once, there is no further entitlement to another Saturday appointment in our practices.
§ 5 Payment terms
1) Before treatment begins, patients will be informed about expected total costs or personal contributions and additional costs for patients with statutory insurance.
(2) The prices listed on our website are not flat rates; they represent only maximum prices for each service provided.
(3) A treatment plan can only commence if at least 50% of the total costs outlined in that plan have been received in our specified accounts. If a patient is not insured or if German regulations under GOZ do not apply to them, payment for services up to €500 must be made on-site by all patients for billing reasons. This can be done using all common debit and credit cards; however, payment via Postfinance card is not possible for amounts over €500; payment can then be made via bank transfer instead.
(4) Payment becomes due upon receipt of invoice. The patient will fall into arrears after a reminder but no later than 30 days after receipt of invoice. A processing fee of €5.00 will be charged for each reminder.
§ 6 Non-assignment clause
The assignment of claims arising from treatment relationships that have not been legally established or disputed is excluded unless previously agreed by the dentist.
§ 7 Liability limitation
For damages to items brought in that remain in the patient‘s custody and vehicles parked on practice premises, liability rests with the dentist only in cases of intent or gross negligence. The same applies in cases involving loss of money or valuables. No liability is accepted for clothing left in practice premises.
§ 8 Guarantee
All dental activities constitute a service contract (treatment contract) under German law. Treatments also include consultations and explanations provided by a dentist; therefore success cannot be guaranteed. However, we provide a guarantee on dental prosthetics used by us on condition that continuous participation in our follow-up programme Zahnplus+ occurs and that individual dental hygiene intervals as recommended by our dental hygienists are adhered to. The required interval will be determined by our dental hygiene team and documented accordingly; it can also be requested from us. For implant treatments, an interval recommendation is at least every four months. Excluded from this guarantee are inflammations/infections affecting teeth, bones, and gums. Appointments for dental hygiene treatments can be booked at www.drhager.com or by phone at +49 7734 93 69 40 or via email at info@drhager.com. Complaints must be submitted in writing; any guarantee claims require presentation of an original treatment plan signed by the dentist.
§ 9 Consumer dispute resolution
In accordance with obligations under §§ 36, 37 VSBG (Consumer Dispute Resolution Act), we inform our patients that our practice is not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board and does not participate in any such procedures either. In disputes arising from treatment relationships there exists an option for out-of-court clarification before an expert commission regarding questions related to dental liability established at our responsible district dental association.
§ 10 Applicable law
In cases where a patient does not have a general jurisdiction within Germany, jurisdiction shall lie with German courts; this shall also apply if a party subject to litigation relocates their residence or habitual abode outside Germany‘s jurisdiction after conclusion of contract or if their residence or habitual abode is unknown at time litigation commences.
§ 11 Final provisions
Should any provisions within these General Terms and Conditions become invalid or contain gaps, this shall not affect other provisions herein.
V13.02.25
