§1 Scope of application
(1) These General Terms and Conditions apply, if nothing to the contrary has been agreed, to the contractual relationships between the dentist1 and the patient1.
(2) Dentist in terms of the General Terms and Conditions also refers to the group practice of several dentists.
(3) If the treatment contract is concluded with a person other than the patient, these rules will also apply to this person in the same manner.
§ 2 Legal relationship
The legal relationships between the dentist and the patient falls under private law. Furthermore, the provisions of contractual dental care apply to the treatment of patients insured under statutory health care.
§ 3 Dental documentation and data protection
(1) The dental documentation, particularly patient files, finding, X-ray images and other recordings, are owned by the dentist.
(2) The patient or an authorised representative is entitled to view the dental documentation and has the right of access. However, the patient is not entitled to receive the original documents. Copies of the written documents can be handed over upon request against the reimbursement of costs.
(3) By way of derogation from para. 2, the temporary allocation of original document particularly that of X-ray images to the patient’s authorised lawyer is permitted, provided there are no overriding interests of the dentist that oppose it. Prior to the shipping, the expenses incurred must be reimbursed and the receipt of the recordings must be acknowledged. A handover can be refused until the expenses have been reimbursed.
(4) The collection, usage and processing of data, including the forwarding thereof, is carried out in consideration of the legal regulations, particularly the data protection provisions, doctor-patient confidentiality and secrecy of personal data.
§ 4 Cancellation fee
(1) The agreed treatment appointments are fixed appointments. The treatment times are kept free for all patients.
(2) If the appointment cannot come to the appointment, the patient must inform the dental practice at least 24 hours before the agreed appointment about not being able to attend.
(3) If the patient does not follow up on the cancellation notice, he/she will have to pay the dentist an amount of €120.00 for each missed treatment hour as a lump sum compensation.
(4) The claim for damages does not apply if the patient was prevented from the timely cancellation or attending the appointment, through no fault of his/her own.
(5) Furthermore, the patient is entitled to provide evidence showing that the dentist did not incur any or a less than the enforced lump-sum compensation.
§ 5 Payment arrangements
(1) The patient is informed of the estimated total costs or own contribution and additional costs for legally insured patient prior to starting treatment.
(2) In the case of privately insured patients, the dentist can demand an advance payment or even 100% of the expected expenses (material and laboratory costs) prior to treatment.
(3) The payment is due once the invoice has been received.
(4) The patient will receive a warning no later than 30 days after receiving the invoice. After this point in time, the invoice amount will be charged interest with five percent above the base rate or a higher, actual interest rate that is paid by the dentist. An additional €2.50 is added as a processing fee for each warning.
§ 6 Prohibition of assignment
The assignment of claims not enforced by law or contested claims from the treatment relationship is excluded provided the dentist does not agree to this in advance.
§ 7 Limitation of liability
(1) The dentist is only liable for damages on things brought in that remain in the care of the patient, vehicles belonging to the patient that are parked on the property of practice, in the case of intent or gross negligence. The same applies to the loss of money and valuables.
(2) No liability is assumed for the patient’s clothes that were placed in the practice rooms.
§ 8 Final provisions
If such regulations of the General Terms and Conditions are or become ineffective or include a gap, then the effectiveness of the remaining provisions shall remain hereby unaffected.
1 For the purposes of personal identification, both the male and female forms are used
As of: 30.09.2012