AGB

Terms and Conditions EB Performance Center

General terms and conditions of EB-Sport & Technik GmbH / EB-Bike EB-Sport EB-Performance EB-Shop EB-Climate EB-Bio


1. Content and conclusion of the travel contract, consulting contract and sales contract Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already objected to.


The contract language is exclusively German.


You can access and print out the currently valid General Terms and Conditions on the website www.elisabeth-brandau.de.

1. The entrepreneur offers guided mountain bike tours, racing bike tours, riding technique courses as well as health advice and events, personal coaching in sports and healthcare as well as products in the online shop. The organizer also offers services in the areas of health and crafts.

2. By registering in writing, by telephone or electronically, the customer offers the

Entrepreneur to conclude a contract. The content of the contract is the advertisement, the brochure or any other printed or digital description of the option to be booked

3. If the customer registers additional participants in an event, a trip or driving technique or personal coaching with his registration, the registrant is also liable for the additional participants unless he has rejected such an obligation by express and separate declaration.

4. The contract comes into effect upon acceptance by the entrepreneur. The customer will receive a written confirmation by email with or immediately after conclusion of the contract. The customer agrees to the storage of his data.

5. If the content of the confirmation differs from the content of the registration, this represents a new offer from the entrepreneur to which the entrepreneur is bound for a period of 10 days. If the person making the booking declares acceptance within the binding period, the contract will be concluded on the basis of this new offer.

6. The company's general terms and conditions apply exclusively to the contract; Other conditions do not become part of the contract, even if they are not expressly contradicted.

7. The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

8.By clicking the “Order now with payment” button, you are making a binding purchase offer (§ 145 BGB).

9.After receiving the purchase offer, you will receive an automatically generated email confirming that we have received your order

10 The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18 (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not concluded through confirmation of receipt.

11.A purchase contract for the goods is only concluded when we expressly accept the goods

Purchase offer or if we send the goods to you - without a prior express declaration of acceptance.


2. Payment

1. If the amount is less than 200 euros and the security certificate is issued, the amount is due immediately. For larger amounts, a deposit of 15% of the total price is due immediately. The remaining payment is due 4 weeks before the booked start of the activity, provided the security certificate has been handed over.

2. If you book at short notice within four weeks before the start of the event, the booking price is due immediately in full.

3. If the booking does not last longer than 24 hours, does not include an overnight stay and the travel price does not exceed 75 euros, the full booking price may be requested in accordance with Section 651k of the German Civil Code (BGB) even without issuing a security certificate. Overnight tours must be paid in advance. Without timely payment of the full travel price, the traveler is no longer entitled to the provision of the travel service, but is obliged to pay the cancellation fees.

4. The travel/event documents will be handed over immediately after full payment has been received.


3. Performance


1. The content and scope of the services result from the advertisement on the homepage, in the brochure or from the descriptions according to 1. No. 2 of these general terms and conditions as well as information in the travel confirmation.


4. Performance changes

1. The travel description represents the planned itinerary without guaranteeing the exact process in detail. Changes to individual travel services, such as: B. route or overnight stays, as well as changes to the itinerary for weather-related and organizational reasons that arise after the contract has been concluded and deviate from the contractually agreed content of the travel contract, are permitted as long as these are not significant and do not affect the overall character of the booked trip.


5. Prices

1.The prices stated on the product pages include statutory VAT and other price components and do not include the respective shipping costs


6. Price Change

1. The tour operator is entitled to increase the travel price if this takes into account an increase in transport costs or charges for certain services, such as a change in the exchange rates applicable to the trip in question, and if there are more than four months between the conclusion of the contract and the agreed start of the trip lay. The customer will be informed of this at least 21 days before the start of the trip.

2. If the permissible travel price increase is more than 5% of the originally agreed travel price, the customer has the right to withdraw or to take part in a trip of at least equivalent value. The participant must assert these rights in writing immediately after notification of the price increase.


7.Payment conditions; Default

1. Payment can be made either: invoice in advance, credit card, or Paypal. If you select the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.

2. When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (“authorization”). Your credit card account will actually be charged at the time we ship the goods to you.

3. If you default on a payment, you are obliged to pay statutory default interest of 5 percentage points above the base interest rate. For each reminder letter that is sent to you after the default occurs, you will be charged a reminder fee of EUR 2.50, unless lower or higher damage can be proven in the individual case.

4.The booking price for events/events/coachings and products is due immediately in full.

Without timely payment of the full travel price, the traveler is no longer entitled to the provision of the travel service, but is obliged to pay the cancellation fees.

5.The travel/event documents will be handed over immediately after full payment has been received.


8. Set-off/right of retention

1. You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us or has a close synallagmatic relationship to our claim.

2.You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.


9.Delivery; Retention of title


1. Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided.

2.The goods remain our property until the purchase price has been paid in full.

3. If you are an entrepreneur within the meaning of Section 14 BGB, the following also applies:

We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.

You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.

If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

– We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We are responsible for selecting the securities to be released.


10. Cancellation policy for goods (does not apply to coaching, consultations, tours, events): see General Terms and Conditions


11)

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you make the purchase for purposes that cannot primarily be attributed to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions. Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.


In order to exercise your right of withdrawal, you must contact us


Company: EB-Sport & Technik GmbH Address: Holzgerlingerstr.16 71101 Schönaich Email: info@ebsportundtechnik.de


inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory.


In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.


Consequences of revocation

1. If you revoke this contract, we must repay all payments that we have received from you, excluding delivery costs, immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

2. We can refuse the refund until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

3. You must return or hand over the goods to us or to EB-Sport GmbH immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

4.You bear the direct costs of returning the goods.

5. You only have to pay for any loss in value of the goods if this loss in value is due to handling other than what is necessary to check the nature, properties and functionality of the goods.


ATTENTION: Depending on the time period before the event/course, a 100% refund will not always be possible for events/courses! see below!


If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract Comparison with the overall scope of services provided for in the contract.


Sample cancellation form If you want to cancel the contract, please fill out this form and send it back.


An


Company: EB-Sport & Technik GmbH Address: Holzgerlingerstr.16 | 71101 Schönaich Email: info@ebsportundtechnik.de


I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):


Ordered on (*)/received on (*) Name of consumer(s): Address of consumer(s):


Signature of the consumer(s) (only for paper notification) Date


(*) Delete what is not applicable.


End of revocation


The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name), when delivering sealed goods that are not suitable for return for health or hygiene reasons if their seal has been removed after delivery or if audio or video recordings or computer software are delivered in a sealed package if the seal has been removed was removed upon delivery.


Please avoid damage and contamination. If possible, please send the goods back to us in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to damage caused by inadequate packaging.

Before returning, please call us on 49 7031 4298290 to announce the return. In this way, you enable us to assign the products as quickly as possible. Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal

ATTENTION: Depending on the time period before the event/course, a 100% refund will not always be possible for events/courses! Have you requested that the services be provided during the cancellation period

should begin, you must pay us an appropriate amount which corresponds to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.


12. Withdrawal by the participant from events/trips/services


1. The participant can withdraw from the event at any time. The withdrawal becomes effective once we have received the declaration in writing.


2. Due to withdrawal (cancellation) or non-attendance of the event, according to § 651i paragraph 2


S. 2 BGB a flat-rate cost compensation may be required. The following fees generally apply:


– up to 30 days before the start of the trip/event/event 15%


– from 29 to 15 days before the start of the trip / event / event 80%


– from 14 to 2 days before the start of the trip/event/event 90%


– 1 day before & if you don’t show up 100%


3. The participant is entitled to prove that no or lesser damage occurred.


4. Requirements for participation: Anyone who has the physical and health requirements required by the event description and can prove that they have paid the event price can take part. The tour guide or representative of the organizer is entitled to exclude from the event at the beginning or during the event a participant who clearly does not meet one of these characteristics. In this case, there is no claim for a refund of the travel price paid!


13). Obligation of participants to cooperate


1. The participant is obliged to cooperate in the event of service disruptions within the framework of the legal provisions in order to avoid or minimize any damage.

2. The participant is particularly obliged to report his complaints immediately to the local authority

To inform the organizer management. If the customer culpably fails to report the defect, his claims for reduction and compensation are excluded.


14). Cancellation by the organizer


1. The organizer can not be contacted up to 14 days before the start of the event

The number of participants can be withdrawn by making a written declaration to the customer if the event description for the relevant event indicates a number of participants. The customer will receive a refund of the event price paid. There are no further claims

2. If the customer disrupts the execution of the event despite warnings from the organizer or behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified, the organizer can terminate without notice. This includes in particular if the customer does not observe safety regulations or endangers himself or others. In this case, the organizer retains the right to the event price, but must be credited with the value of the saved expenses as well as the benefits that he obtains from other uses of the unused parts of the service, including the amounts credited to him by the service providers.

3. If the trip is made significantly more difficult, endangered or impaired as a result of force majeure that was not foreseeable at the time the contract was concluded, both the organizer and the customer can terminate the contract. If the contract is terminated, the organizer can demand appropriate compensation for the travel services already provided or still to be provided before the end of the event. Both parties shall bear half of the additional costs incurred in the event of force majeure, particularly the additional costs incurred for return transport.

4. A doctor should check whether your health is suitable for the demands of such a sports trip. The customer is obliged to inform the organizer in the event of previous illnesses, allergies or health restrictions, as well as regular or emergency medication administration. If the risk is too high, the organizer/tour guide is also allowed to withdraw immediately before the start of the event without reimbursement of costs


15). Exclusion of claims, limitation period


1. The customer must make claims due to non-contractual provision of the event to the organizer in writing within one month of the contractually agreed completion of the event. After the deadline has expired, the customer can only assert claims if he was prevented from complying with the deadline through no fault of his own.

2. Claims of the customer according to §§ 651 c, 651 f BGB expire after one year. The limitation period begins on the day on which the event was supposed to end according to the contract. If negotiations regarding the claim or the circumstances giving rise to the claim are pending between the customer and the organizer, the statute of limitations is suspended until the customer or the organizer refuses to continue the negotiations. The statute of limitations occurs at the earliest three months after the end of the suspension.


16). Rebookings/substitute participants


1. If rebookings are made at the participant's request after conclusion of the contract, the processing costs actually incurred, at least EUR 25.00, will be charged in addition to any changed price.

2. In accordance with Section 651b of the German Civil Code (BGB), the participant can request that a third party assume the rights and obligations arising from the contract instead of him or her until the start of the trip. There is then joint and several liability. The change of person can be objected to if the third party does not meet the special travel/event requirements or conflicts with legal or official requirements.


17) Warranty


1. If the trip is not provided in accordance with the contract, the customer can request redress. The organizer can also remedy the situation by providing an equivalent replacement service. The organizer can refuse the remedy if it entails disproportionate effort.

2. The customer can demand a corresponding reduction in the price (reduction) for the duration of a non-contractual provision. The price is to be reduced in the ratio in which the value of the event in a defect-free condition would have stood at the time of sale to the actual value. The reduction does not apply if the customer culpably fails to report the defect.

3. If an event or trip is significantly impaired as a result of a defect and the organizer does not provide remedial action within a reasonable period of time, the customer can, within the framework of the legal provisions, terminate the contract by submitting a written declaration to the organizer. The same applies if the customer cannot reasonably be expected to attend the event due to a defect for an important reason that the organizer is aware of. There is only no need to set a deadline for remedy if the remedy is impossible or is refused by the organizer. If a special interest of the customer justifies the immediate termination of the contract, only the part of the price that was of interest to the customer is owed.

4. In the case of health consultations, the success of the treatment is the responsibility of the customer. There are no warranty claims whatsoever here. Not all treatment methods are recognized by conventional medicine and are only used with the consent of the customer.

5. The statutory warranty obligation applies to goods


18). Distance selling contracts § 312b


1. The regulations regarding distance selling contracts, in particular the right of withdrawal, can be found at

Booking a trip online is not an application. Package tours are services that are provided at a specific time or within a precisely defined period of time.

2. The participant can only sue the organizer at its registered office. For any legal action brought by the organizer against the participant, the participant's place of residence is decisive. This is not the case if the lawsuit is directed against registered traders or persons who have moved their place of residence abroad after the contract has been concluded, or who have moved their place of residence or habitual residence abroad. In these cases, the location of the organizer is relevant.


19) Liability


1. By booking, the customer releases the company EB-Sport & Technik GmbH, its representatives, representatives and auxiliary persons from liability claims for damages from the event booked above, unless they were caused by gross negligence or intentionally. In case of damage,

If the damage is not personal injury, was not caused by gross negligence and was caused solely by the organizer or his assistants, the organizer is only liable up to three times the travel price.

2. The customer takes part in mountain bike tours, sporting activities of all kinds and similar activities involving particular dangers at his own risk and risk. At cycling events (regardless of whether MTB, racing bike, e-bike or trekking bike), the customer is responsible for his or her riding style and for registering in a group appropriate to his or her riding ability, as well as for his or her physical suitability. Every customer is aware that cycling, even when practiced properly, is associated with dangers.

3. A doctor should check whether your health is suitable for the demands of such a sports trip. The customer is obliged to inform the organizer in the event of previous illnesses, allergies or health restrictions, as well as regular or emergency medication administration. If the risk is too high, the organizer/tour guide must also withdraw immediately before the start of the event without reimbursement of costs.

4.. The customer undertakes to observe the announced rules of conduct and the

Follow the instructions of the organizer and its tour guides and driving technique trainers.

5.The organizer assumes no liability for damage or loss of private or rented bicycles or other equipment. The organizer is not liable for damage caused by third parties or other tour participants or through failure to follow instructions from the group leader or disregard the road traffic regulations.

6. If individual travel services such as hotel/accommodation are provided by EB-Sport GmbH, the respective conditions of the third-party contractual partner apply. It is strongly recommended that you take out baggage, travel cancellation, liability, accident and international health insurance.

7. If the customer registers additional participants in a trip or driving technique or personal coaching with his registration, the registrant is also liable for the additional participants unless he has rejected such an obligation by express and separate declaration.


20. Organizer/entrepreneur:

EB-Sport & Technik GmbH Holzgerlngerstr.16 71101 Schönaich


EB-Technik


I. Scope

1. Form the contractual basis for this order

a) the following general terms and conditions

b) the provisions of the Civil Code on contracts for work and similar contracts, §§ 631 ff. in the version valid at the time the contract was concluded. They are already agreed now for all future contractual relationships. The client's general terms and conditions only apply to the extent that the contractor has expressly agreed to them in writing or in electronic form. The contractor's silence on the client's sent general terms and conditions does not constitute consent.

2. The content of the contract is determined by the contractor's order confirmation or - if one is not available - his offer. If the client accepts an offer from the contractor with changes or extensions, the content of the contract depends on the acceptance by the contractor.

3. All documents belonging to the offer - such as drawings, illustrations, weight and breakthrough information, etc. - are only approximately authoritative, unless expressly designated as binding at the request of the client. All property rights and copyrights to the offer and all documents remain reserved. The offer and the documents may not be passed on, published or reproduced without the permission of the provider, nor may they be used for any purpose other than that agreed upon.

4. The offer is made on the condition that

a) the media used in the operation of the system (water, air, etc.) are not aggressive, b) during the execution of the work, no hazardous substances within the meaning of the Hazardous Substances Ordinance occur or have to be eliminated that are not expressly stated in the service description in terms of type and scope are.


II. Construction templates and official approvals The client shall, at his own expense, obtain the approvals required for the construction and operation of the system in a timely manner. If the contractor helps him with this, the client also bears the resulting costs.


III. Prices and payments

1. The prices in the offer only apply when ordering the entire system. They are plus VAT at the legally stipulated amount (service prices). Increases in the sales tax rate entitle the contractor to make corresponding price adjustments; this does not apply to services that are to be provided within four months of the conclusion of the contract.

2. All additional work (e.g. bricklaying, chiseling, plastering, carpentry, earthworks, electrical work, painting work) is not included in the offer unless they are listed separately in items with quantity and price. If they are carried out by the contractor, they must be paid for separately.

3. Installations that are carried out additionally or repeated for reasons beyond the control of the contractor must be paid for separately.

4. If assembly is interrupted for reasons for which the contractor is not responsible, the resulting additional costs will be charged to the client.

5. The order will be invoiced based on measurements at the agreed standard prices, unless a flat rate price has been expressly agreed.

6. Advance payments are to be made upon request at the shortest possible intervals or at the agreed times and in the amount of the value of the proven contractual services, including the stated VAT amount applicable thereto. The services must be proven by a verifiable list. The list must enable a quick and reliable assessment of the performance. The final payment is due two weeks after acceptance of the work.


IV. Retention of title

The contractor reserves ownership and the right of disposal of the delivery item until all payments under the contract have been received. To the extent that the delivery items have become essential components of the property and the client is the owner of the property, the client undertakes, if the agreed payment dates are not met, to allow the contractor to dismantle the items that can be removed without significantly affecting the structure and to retain ownership of them to transfer these items back. If the client impairs the aforementioned rights of the contractor, he is obliged to pay him compensation. The dismantling and other costs are borne by the client.

If delivery items are firmly connected to another item, the client transfers his claims or his co-ownership rights to the new item to the contractor in the amount of the contractor's claim, if this results in claims or co-ownership. At the request of the client, the contractor undertakes to release securities that he has obtained on the basis of this contract to the extent that these exceed the value of all secured claims of the contractor by more than 20%.


V.Assembly, execution deadline and information requirements for welding work

1. Execution deadlines must be agreed in good time. The prerequisite for the start of assembly is that the preparatory work on site has progressed to such an extent that assembly can be carried out unhindered. The execution period only begins with the final determination of all commercial and technical requirements for the execution of the system and not before the approvals to be obtained by the client in accordance with No. II have been provided and not before receipt of any agreed down payment.

2. If cutting, welding, thawing and/or soldering work is carried out, the contractor must inform the client of the associated risks. The client is obliged to make the contractor aware of any dangers (e.g. fire hazards in rooms or materials) and to take all safety measures (e.g. positioning fire guards, fire extinguishing materials, etc.).

3. If work is to continue in particularly unfavorable weather, it is the responsibility of the client to create the conditions for the work to continue.


VI. Acceptance and transfer of risk1. The contractor bears the risk until the system is accepted. However, if the system is damaged or destroyed before acceptance due to force majeure or other objectively unavoidable circumstances for which the contractor is not responsible, he is entitled to payment for the work carried out to date as well as the other costs incurred.2. The system built by the contractor must be accepted after completion of the service, even if the final adjustment of the system has not yet taken place. Particularly self-contained parts of the service must be accepted upon request. The system may only be used before acceptance with the express consent of the contractor. Acceptance is deemed to be the same if the client does not accept the work within a reasonable period of time specified by the contractor, even though he is obliged to do so.

3. During the trial commissioning, the client's operating personnel will be instructed by the contractor in how to operate the system.

VII. Claims for defects

The client's rights arise from Section 634 of the German Civil Code (BGB). The limitation period for claims for defects is one year unless the services provided involve work on a building. In this case, the statutory deadlines apply.


VIII. Liability

In the case of simple negligence, but not gross negligence or intent, the client's compensation is limited to the foreseeable damage that is typical for the contract. However, the contractor is liable without limitation in the event of injury to the life, body or health of the client that is based on an intentional or negligent breach of duty by the contractor or an intentional or negligent breach of duty by his legal representatives or his vicarious agents.

 

 


 



General terms and conditions of alternative practitioner activities


General terms and conditions for alternative practitioners

§ 1 Application of the General Terms and Conditions

1. The General Terms and Conditions regulate the terms and conditions between alternative practitioners and patients as a treatment contract within the meaning of §§ 611 ff BGB, unless otherwise agreed in writing between the contracting parties.

2. The treatment contract is concluded when the patient accepts the alternative practitioner's general offer to practice medicine for everyone and turns to the alternative practitioner for the purpose of advice, diagnosis and therapy.

3. The alternative practitioner is entitled to reject a treatment contract without giving reasons if the required relationship of trust cannot be expected, if the alternative practitioner cannot or is not allowed to treat due to his specialization or for legal reasons, or if there are reasons that bring him into conflicts of conscience could. In this case, the alternative practitioner's claim to fees for the services provided up until the treatment was refused, including treatment, remains intact.

 

§ 2 Content of the treatment contract

1. The alternative practitioner provides his services to the patient in such a way that he applies his knowledge and skills for the purpose of practicing medicine to educate, advise, diagnose and treat the patient.

2. The alternative practitioner is entitled to use the methods that correspond to the patient's presumed wishes, provided that the patient does not make a decision about this.

3. Alternative practitioners use methods that are generally not recognized by conventional medicine and cannot be generally explained. The patient's subjectively expected success cannot be promised or guaranteed. If the patient rejects the use of such methods and wants to be advised, diagnosed or treated exclusively according to scientifically recognized methods, he must explain this to the alternative practitioner.

4. The alternative practitioner is not allowed to issue sick notes and is not allowed to prescribe any prescription medication.

 

§ 3 Participation of the patient

The patient is not obliged to actively participate. However, the alternative practitioner is entitled to end the treatment if trust is no longer given, especially if the patient denies the content of the consultation, does not provide the necessary anamnesis or diagnostic information and thus prevents the therapeutic measures.

§ 4 Remuneration of the alternative practitioner

1. The alternative practitioner is entitled to a fee for his services. If the fees have not been agreed individually between the alternative practitioner and the patient, the rates listed in the alternative practitioner's price list apply. All other

Fee schedules or schedules do not apply.

2. The fees are to be paid by the patient in cash after each treatment upon receipt of a receipt. After completion of the treatment, the patient will receive an invoice for a fee upon request

 

§ 7 of the General Terms and Conditions.

3. If the alternative practitioner provides services from third parties that he does not supervise professionally (e.g. laboratory services), the alternative practitioner is entitled to claim the amounts invoiced by the third party as his own fee components and to settle them with the patient in the expected amount in accordance with paragraph 2. These amounts must be shown separately in receipts and invoices. The alternative practitioner is entitled to charge his own fees for providing accompanying services to the patient.

4. If the alternative practitioner has services provided by third parties that he himself monitors, these services are part of the alternative practitioner's fees. Unless an inclusive agreement has been made, these costs will be invoiced.

5. In the cases of paragraphs 3 and 4, the alternative practitioner is exempt from the restrictions of § 181 BGB and may enter into legal transactions as the patient's representative between the third party (e.g. laboratory) and himself. This also applies if Section 181 of the German Civil Code would also apply to the legal relationship between alternative practitioners and third parties; regardless of any exemption in this regard.

6. Due to legal regulations, naturopaths are not permitted to dispense medicines that are sold in pharmacies. However, direct administration to patients by alternative practitioners is still permitted, as this is not a delivery but a use. It follows from this that alternative practitioners' fees generally include the medicines used and any kind of deduction or specification is not possible. The use of medicines brought by the patient by the alternative practitioner is excluded.

7. On the other hand, the dispensing of medicines by pharmacies to the patient for prescribed or recommended medicines represents a direct transaction not covered by these General Terms and Conditions, which has no influence on the alternative practitioner's fees and invoices. This also applies to over-the-counter medicines, dietary supplements and other aids that are recommended or prescribed by the alternative practitioner and purchased by the patient from relevant sales outlets.

8. The alternative practitioner or companies economically affiliated with him are permitted to supply over-the-counter medicines, dietary supplements and other aids. Under the premise of free choice of point of sale, these products can be sold by the alternative practitioner with a view to making a profit or brokered for a commission.

§ 5 Reimbursement of fees by third parties

1. If the patient is or believes he is entitled to reimbursement or partial reimbursement of the fee from third parties, § 4 is not affected by this. The alternative practitioner does not carry out direct billing and cannot defer the fee or fee components in anticipation of a possible reimbursement.

2. If the alternative practitioner provides the patient with information about the reimbursement practices of third parties, these are non-binding. In particular, the usual reimbursement rates do not count as an agreed fee within the meaning of Section 4 Paragraph 1. The scope of alternative practitioner services is not limited to reimbursable services.

3. The alternative practitioner does not provide any direct information to third parties regarding reimbursement issues. Only the patient receives all information and necessary certificates. Such services are subject to a fee.

§ 6 Confidentiality of treatment 1. The alternative practitioner treats the patient's data confidentially and only provides information regarding the diagnosis, consultations and therapy as well as the accompanying circumstances and the patient's personal circumstances with the patient's express consent. The written form can be dispensed with if the information is in the patient's interest and it can be assumed that the patient will agree.

2. Paragraph 1 does not apply if the alternative practitioner is obliged to pass on the data due to legal regulations - for example the obligation to report certain diagnoses - or is obliged to provide information by official or court order. This also applies to information provided to legal guardians, but not to information provided to spouses, relatives or family members. Furthermore, paragraph 1 does not apply if personal attacks against him or his professional practice take place in connection with the advice, diagnosis or therapy and he can exonerate himself by using accurate data or facts.

3. The alternative practitioner keeps records of his services (hand files). The patient is not entitled to view this file; He cannot demand this hand file either. Paragraph 2 remains unaffected. 4. If the patient requests a treatment or medical file, the alternative practitioner will create this from the manual file for a fee and charge. If there are originals in the file, copies of these will be included in the treatment file. The copies receive a note that the originals are in the file.

§ 7 Invoicing

1. In addition to the receipts according to § 4, the patient will receive an invoice upon request after completion of the treatment phase, the issuance of which is subject to a fee.

2.The invoice contains the patient's name and address as well as the treatment period, all types of services and the diagnosis. The applicable VAT rate is shown.

3. If the patient does not wish to have a diagnosis or therapy specification included in the invoice, he or she must inform the alternative practitioner accordingly.

§ 8 Disagreements

Disagreements arising from the treatment contract and the general terms and conditions should be resolved amicably. It is advisable to submit counter-opinions, differing opinions or complaints in writing

each other contracting party.

§ 9 Severability clause

Should individual provisions of the treatment contract or the general terms and conditions be or become invalid or void, the effectiveness of the treatment contract as a whole will not be affected. Rather, the invalid or void provision must be freely interpreted and replaced by a provision that comes closest to the purpose of the contract or the wishes of the parties.

 

 

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