General Terms and Conditions
1. Scope
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Unless otherwise agreed, these General Terms and Conditions shall apply to
the contractual relationship between the MVZ and the patient.
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If the treatment contract is concluded with a person other than the patient,
the provisions shall apply to this person in the same way.
2. Legal relationship
The legal relationship between the MVZ and the patient is of a private law
nature. In the treatment of patients with statutory health insurance, the
provisions of contract dental care also apply.
3. Dental documentation and data protection
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The dental documentation, in particular patient files, examination findings,
x-rays and other records, are the property of the MVZ.
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The patient or an authorised representative has the right to inspect the
dental documentation and the right to information. There is no entitlement
to the surrender of the original documents. On request, copies of the
written documentation can be provided against reimbursement of costs.
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By way of derogation from para. 2, original documents, in particular x-rays,
may be temporarily handed over to a lawyer authorised by the patient,
provided that this does not conflict with overriding interests of the
dentist. Prior to dispatch, the resulting expenses must be reimbursed and
receipt of the records must be acknowledged. The transfer may be refused
until the expenses have been reimbursed.
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The collection, utilisation and processing of the data, including its
disclosure, shall be carried out in compliance with the statutory
regulations, in particular the provisions on data protection, medical
confidentiality and social secrecy.
4. Cancellation fee
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The agreed treatment appointments are fixed appointments. The treatment
times are kept free for the patient alone.
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If the patient is unable to attend the appointment, he/she must inform the
dental practice of his/her inability to attend at least 24 hours before the
agreed appointment.
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If the patient fails to do so, the MVZ shall be entitled to charge a
cancellation fee of € 75.00 for each hour of treatment cancelled or part
thereof as lump-sum compensation.
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The claim for compensation shall not apply if the patient was prevented from
cancelling or attending the appointment in good time through no fault of
his/her own.
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The patient is also at liberty to prove that the dentist has incurred no or
less damage than the flat-rate compensation claimed.
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After the second unsuccessful reminder of the cancellation fee, the MVZ shall have the right to commission a debt collection agency to collect the outstanding amount at the patient's expense and to transmit the data required to collect the claim for this purpose.
5. Payment regulations
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The patient will be informed of the expected total costs, or co-payments and
additional costs for patients with statutory insurance before the start of
treatment.
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In the case of privately insured patients, the dentist may request payment
of an advance of up to 100% of the expected expenses (material and
laboratory costs) before the start of treatment.
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As a rule, invoices are issued by BFS Health Finance GmbH, in which case
their General Terms and Conditions also apply.
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If the invoice is not issued via BFS Health Finance GmbH, the invoice is due
for payment upon receipt.
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The patient is in default after a reminder, but no later than 30 days after
receipt of the invoice. From this point in time, interest will be charged on
the invoice amount at five per cent above the base interest rate, or at a
higher interest rate actually paid by the dentist. An additional processing
fee of € 5.00 will be charged for each reminder.
6. Prohibition of assignment
The assignment of claims from the treatment relationship that are not legally
established or disputed is excluded unless the dentist agrees to this in
advance.
7. Limitation of liability
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The dentist shall only be liable for damage to items brought into the
practice that remain in the patient's care and to the patient's vehicles
that are parked on the practice premises in cases of intent and gross
negligence. The same applies to the loss of money and valuables.
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No liability is accepted for the patient's wardrobe which he/she leaves on
the practice premises.
8. Consumer dispute resolution
With regard to an obligation under §§ 36, 37 VSBG, 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 out-of-court dispute resolution procedure before a consumer
arbitration board.
In the event of disputes arising from the treatment relationship, there is the
possibility of an out-of-court settlement before the Expert Commission on
Dental Liability. The expert commission has been set up by the district dental
association responsible for us.
9. Final provisions
Should provisions of these General Terms and Conditions be or become invalid
or contain a loophole, the remaining provisions shall remain unaffected.