General Terms of Business of Dr. Hager GmbH
§ 1 Scope
(1) Unless otherwise agreed, these General Terms of Business apply to the contractual relations between the dentist and the patient.
(2) Dentist within the meaning of these General Terms of Business also refers to the group practice of multiple dentists.
(3) Should the treatment agreement be concluded with a person other than the patient, the provisions apply to this person equally.
§ 2 Legal relationship
The legal relationship between the dentist and the patient is of a private-law nature. Moreover, for the treatment of patients with statutory health insurance, the provisions of contracted dentistry care also apply.
§ 3 Dental documentation and data protection
(1) The dental documentation – in particular patient files, examination results, X-ray images and other records – is the property of the dentist.
(2) The patient or their authorised representative is entitled to view the dental documentation and obtain information. No claim to the provision of the original documents exists. Upon request, copies of the written documentation may be provided in exchange for reimbursement of the costs.
(3) In deviation from Section (2), the temporary provision of original documents – in particular X-ray images – to a lawyer authorised by the patient is possible insofar as this is not contradicted by the prevailing interest of the dentist. Prior to dispatch, the expenses thereby incurred shall be reimbursed and receipt of the records shall be acknowledged. Provision may be declined until payment of the expenses.
(4) The collection, use and processing of data, including the sharing thereof, occur in compliance with the statutory regulations, in particular the provisions on data protection, the medical duty of confidentiality and the secrecy of social data.
§ 4 Cancellation fee
(1) The agreed treatment appointments are binding. The treatment times are kept free solely for the patient.
(2) Insofar as the patient is unable to attend the appointment, the patient must inform the dental practice about this circumstance no later than 24 hours prior to the agreed appointment.
(3) Insofar as the patient fails to comply with this obligation, the patient shall pay the dentist an amount of EUR 280 per cancelled treatment hour as a lump sum compensation.
(4) The claim to compensation shall lapse if the patient was unable to cancel or attend the appointment through no fault of their own.
(5) Moreover, the patient is free to demonstrate that no or lesser damages were incurred to the dentist than the asserted lump sum compensation.
(6) Appointments arranged online must be confirmed within 60 minutes of booking for their definite reservation.
(7) In the event of three appointment no-shows at one of our practices, we may only offer appointments for the treatment of pain. In the event of a one-time no-show for a Saturday appointment, no further claim to a Saturday appointment at our practices shall exist.
§ 5 Payment terms
(1) The patient shall be informed of the expected overall costs, any co-payments and additional costs for patients with statutory insurance prior to the beginning of treatment.
(2) In the case of privately insured patients, the dentist may request the settlement of an advance payment of up to 100% of the expected expenses (material and laboratory costs) prior to the beginning of treatment. Insofar as the patient has no health insurance or the German provisions of the GOZ do not apply to the patient, for technical billing reasons the payment of the services shall occur on site for all patients up to EUR/CHF 500. Payment is possible by cash or card (all common debit and credit cards). From an amount of over EUR/CHF 500, payment may be made by bank transfer. Card payment with Postfinance is not possible.
(3) The payment becomes due upon receipt of the invoice. The patient shall enter default following a reminder, yet no later than 30 days of receipt of the invoice. An administration fee of EUR 5 shall be charged for each reminder.
§ 6 Non-assignment clause
The assignment of disputed or not legally determined claims from the treatment relationship is excluded insofar as the dentist does not consent to this in advance.
§ 7 Liability limitation
For damages to items brought onto the premises, which remain in the care of the patient, and to vehicles of the patient parked on the premises, the dentist shall only be liable in the event of intent and gross negligence. The same applies to the loss of money and valuables. No liability is accepted for clothing of the patient which is hung on coat racks etc. in the practice premises.
§ 8 Guarantee
All dental activities constitute a service agreement (treatment agreement) according to German law. Treatments also refer to consultations and information provided by a dentist. No guarantee of success can be provided. Nonetheless, we provide a guarantee for dentures and implants which we produce. This is subject to the requirement of regular dental care (dental hygiene appointments) in one of our practices. Corresponding appointments can be arranged online at http://dentalhygiene-drhager.com/termine, by telephone on +49 7734 93 69 40 or by email at firstname.lastname@example.org. The necessary frequency of appointments for the individual patient shall be determined, communicated and documented by our dental hygiene staff. Complaints must be made in writing.
§ 9 Consumer dispute resolution
With respect to an obligation arising from Sections 36 and 37 of the German Act on Alternative Dispute Resolution in Consumer Matters (Gesetz über die alternative Streitbeilegung in Verbrauchersachen – VSBG), we hereby inform our patients that our practice is not obliged to participate in extrajudicial dispute resolution proceedings in front of an arbitration board and shall also not participate in any extrajudicial dispute resolution proceedings in front of an arbitration board. In the event of disputes arising from the treatment relationship, there is the option of extrajudicial settlement in front of an advisory board for matters of dental liability. The advisory board is established at the district chamber of dentists responsible for us.
§ 10 Applicable law
In the event that the patient has no general place of jurisdiction in the Federal Republic of Germany, the competence of the German courts is agreed. This shall also apply insofar as the party claimed against in the legal action moves its place of residential or habitual address outside the jurisdiction of German law after contractual conclusion or if its residence or habitual address is not known at the time of filing the legal action.
§ 11 Final provisions
Should provisions of these General Terms of Business be or become invalid or if they contain an omission, this shall not affect the validity of the remaining provisions.