General Terms and Conditions

GTC

 

General Terms and Conditions of the Private Practice for Osteopathy Uta Pittino (valid from 01.08.2021)
§ 1 Business relationship
  1. These GTC govern the business relationship between the private practice for osteopathy and physiotherapy Uta Pittino and the patient as a treatment contract within the meaning of §§611 ff. BGB (German Civil Code) – unless otherwise agreed in writing between the contracting parties.
  2. The business relationship begins as soon as the patient arranges a treatment appointment with the private practice for osteopathy and physiotherapy Uta Pittino. The business relationship can be fixed by a mutually signed treatment fee contract (this is concluded on site) both by the service provider (private practice for osteopathy and physiotherapy Uta Pittino) and by the patient. The contractual relationship exists between patient and service provider (private practice for osteopathy and physiotherapy Uta Pittino).
§ 2 Reimbursement of costs, health insurance and payment methods
  1. Claims of the patient for reimbursement or partial reimbursement of the fee by a health insurance do not affect the fee claims of the practice. The practice is always entitled to the fee for its services – even if the patient’s insurance or other third parties do not pay or do not pay in full. The practice receives the fee directly from the patient and does not carry out direct billing with his insurance company or other third parties. Fees or fee shares are also not deferred with regard to a possible refund. If the designated insurance company rejects the reimbursement in whole or in part, the patient still has to pay the fee.
  2. Private physiotherapy services:
    For private physiotherapy services, the prices are not set by law. Our currently valid remuneration rates for holistic physiotherapy are based on the local prices. Physiotherapy treatment takes 55 minutes, including in-depth examination, treatment, consultation and documentation. The patient should inquire with his payer whether and to what extent the costs for physiotherapy measures are covered. There is no entitlement to a remuneration agreement in accordance with its individual insurance conditions or in accordance with the State aid directives. The remuneration is billed to the patient via the practice’s billing office – PAS Dr. Hammerl – by means of an invoice.
  3. Naturopath services:
    In terms of content and amount, alternative practitioner services are expressly not limited to those services that are reimbursed by the patient’s health insurance company. They are provided solely on the basis of diagnostic and therapeutic decisions in the sense of naturopathic step diagnostics. Insofar as fees have not been agreed individually, the practice is based on the list of fees for alternative practitioners (GebüH) in the current version. If the patient presents a prescription for osteopathy, the practice charges a flat fee.
  4. Bill
    Billing is always based on performance (anamnesis, tests, treated structures and documentation) and never according to time spent. The duration of the treatment (usually between 30 and 60 minutes) depends individually on the course of treatment. There is no billing to third parties (e.B health insurance companies). Whether and to what extent the remuneration for the treatment is covered by the patient’s insurance depends individually on the insurance rate chosen by the patient – or .dem scope of services of his statutory health insurance. The patient must clarify this (in advance) with his insurance company himself. Regardless of the reimbursement behavior of the patient’s health insurance / health insurance company, the invoice must be paid in full by the patient.
  5. Payment:
    All invoiced treatment costs are due for payment within 14 days of the invoice date – regardless of whether reimbursement by a subsidy agency and/or private health insurance is possible. If the payment deadline is exceeded, a claim for calculation of the statutory default interest in the amount of five percentage points above the base interest rate arises – without further request for payment or reminder.
§ 3 Data protection – data transfer

Patient data will only be passed on to third parties if there is a written declaration of consent from the patient. The patient receives the data protection declaration of the billing company together with the treatment contract in the practice before his 1st appointment. The private practice for osteopathy and physiotherapy Uta Pittino works together with the billing company PAS Dr. Hammerl GmbH & Co.KG, Gewerbestraße 21, 86720 Nördlingen. The clearing house prepares the invoices on behalf of the practice and collects the fee claims. By signing, the patient revocably gives his consent that the personal treatment data necessary for invoicing, collecting and assigning the claim will be transmitted to the above-called clearing house. This data includes a detailed list of the services provided with the date of treatment, the associated diagnoses as well as the name, address and date of birth of the patient.

§ 4 Data protection – rights of access to files and confidentiality of the practitioner
  1. All patient data is treated confidentially by the practice. No information will be provided to third parties regarding diagnosis, content of consultations, therapy and other accompanying circumstances as well as the personal circumstances of the patient, unless the patient expressly agrees to this in writing or in text form. However, this does not apply if the practice is obliged to pass on the data due to legal regulations, e.B. in the case of a reporting obligation in accordance with the Infection Protection Act or an obligation to provide information by official or court order. The secrecy of the practice also applies to spouses, relatives and family members, unless the patient determines otherwise. Confidentiality does not apply to caregivers within the meaning of the German Civil Code (BGB) or to persons entitled to custody of minors up to the age of 14.
  2. Personal patient data will only be stored by the practice insofar as this is necessary for diagnostic advice and therapy as well as for the execution of the contractual relationship. The provisions of the European General Data Protection Regulation (GDPR) apply here. Within the framework of the statutory retention obligations, the practice collects, stores, uses and processes personal patient data. In the health sector according to § 630 g BGB (documentation obligation) for a maximum of 30 years after the last treatment and according to the accounting regulations for a maximum of 10 years after the last invoicing.As far as it is exclusively necessary for diagnosis, consultation and therapy, health-related patient data are collected, stored and processed The provisions of the European General Data Protection Regulation apply.
    The practice may also use these categories of data if, in connection with counselling, diagnosis or therapy, personal attacks take place against the practice or a member of the practice and his/her professional practice and he/she can relieve himself/herself with the use of accurate data and facts. The data will also be passed on and stored in the interest of legal prosecution. For all data categories, the patient has the right to receive information about the data stored about him from the practice and to request their deletion informally by simple e-mail – or alternatively to block them if statutory retention obligations preclude complete deletion. Furthermore, the patient has the right to complain to the state data protection authority. The practice may also pass on stored data to external service providers insofar as this is necessary for the execution and processing of the contractual relationship, for example to lawyers, accounting service providers and tax consultants.
§ 5 Cancellation of appointments, cancellation clause, cooperation of the patient
  1. All appointments that the patient cannot attend must be cancelled no later than 24 hours in advance. This rejection must be received by the private practice for osteopathy and physiotherapy Uta Pittino by telephone, orally or by e-mail. This agreement corresponds to an obligation to be complied with.
  2. The private practice for osteopathy and physiotherapy Uta Pittino is run according to the ordering system. The time agreed with the patient is reserved exclusively for him. If the patient does not cancel the agreed treatment date in good time, the agreed date may be invoiced to him in full amount of the remuneration.
  3. The practice is entitled to discontinue the treatment if the required relationship of trust no longer appears to exist, in particular if the patient does not carry out therapy assurance measures after the treatment appointment, rejects the contents of the consultation or it turns out that he has culpably provided information on the anamnesis and diagnosis incorrectly or incompletely or deliberately thwarts therapy measures through his lifestyle.
§ 6 Delays and cancellation of appointments

If the patient is late for an appointment, his treatment time is shortened accordingly. Delays of more than 30 minutes are considered a cancelled appointment and will be charged.

§ 7 Right of withdrawal of the patient

If the patient is not satisfied with the services of the private practice for osteopathy and physiotherapy Uta Pittino during the provision of services, he can withdraw from the treatment contract. He is not entitled to negotiate the services already provided up to this point in time in his statement. This means that services that have already been provided must be paid in full. A withdrawal from the treatment contract must be received at the private practice for osteopathy and physiotherapy Uta Pittino at least 24 hours before the next appointment – by telephone, orally or by e-mail.

§ 8 Right of withdrawal of the practice

The private practice for osteopathy and physiotherapy Uta Pittino is entitled to withdraw from the contract if the patient behaves contrary to these GTC. In this case, too, the services already provided up to this point in time are to be paid immediately after receipt of the invoice. All damages caused by the non-performance of the contract by the patient will also be charged.

§ 9 Provision of services

The service provider (the private practice for osteopathy and physiotherapy Uta Pittino) undertakes to comply with the agreed appointments with reasonable deviations.

§ 10 Claim for damages

The patient is not entitled to damages with regard to § 7.

§ 11 Default of payment

If the invoice amount has not been received within the payment period of 14 days on the account of the private practice for osteopathy and physiotherapy Uta Pittino, the private practice for osteopathy and physiotherapy Uta Pittino is entitled to charge default interest of 5% above the valid base interest rate (§ 288 BGB).

§ 12 Disclaimer

The private practice for osteopathy and physiotherapy Uta Pittino, is not liable for damage to the private property of the contractual partner – unless the damage was caused intentionally or willfully. Likewise, liability for theft or the like is excluded. In addition, the Private Practice for Osteopathy and Physiotherapy Uta Pittino excludes any liability for damage to the patient caused by non-compliance with the GTC or by misconduct/negligence of the patient.

§ 13 Place of execution

The place of execution of the contract is always one of the two practice headquarters, Ohmstraße 1 in 80802 Munich or Mauerkircherstraße 12 in 81679 Munich.

§ 14 Terms and Conditions of Contract

In principle, the agreements concluded between the private practice for osteopathy and physiotherapy Uta Pittino and the contractual partner (patient) apply. An amendment to the contract can only be made in writing and must be signed by both contracting parties.

§ 15 Severability clause

Should any clause of these terms and conditions be invalid, this shall not affect the validity of the other clauses. If one clause of these terms and conditions is only partially invalid, the other part shall remain valid. The contracting parties are obliged to replace an ineffective clause with a valid provision that comes as close as possible to the economic purpose of the ineffective contractual condition. If the GTC are not contradicted within 14 days, they are valid under German law.

§ 16 Final provision

Statements made by the owner or the employees of the private practice for osteopathy and physiotherapy Uta Pittino are always based on the respective level of knowledge. Since there are different doctrines on some topics, we cannot guarantee in every respect that we have made (or applied therapy) the most recent (or currently recognized as best) statement.

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