General Terms and Conditions

(In the following, personal designations refer to both the male and the female form)

§ 1 Scope of Application

(1) These General Terms and Conditions apply, unless otherwise agreed, to the contractual relationship between the MVZ (Medical Art München MVZ GmbH) and the patient. Where the term "MVZ" is used below, it refers to Medical Art München MVZ GmbH.

(2) If the treatment contract is concluded with a person other than the patient, these provisions apply to that person in the same way.

§ 2 Legal Relationship

The legal relationship between the MVZ and the patient is governed by private law. For the treatment of patients covered by statutory health insurance, the provisions governing statutory health insurance dental care (vertragszahnärztliche Versorgung) also apply.

§ 3 Medical/Dental Records and Data Protection

(1) The medical/dental documentation, in particular patient files, examination findings, X-ray images and other records, is the property of the MVZ.

(2) The patient, or a person authorised by the patient, is entitled to inspect the medical/dental records and to receive information. There is no entitlement to the release of the original documents. Upon request, copies of the written documentation may be provided against reimbursement of costs.

(3) Notwithstanding paragraph 2, the temporary release of original documents, in particular X-ray images, to a lawyer authorised by the patient is possible, provided that no overriding interests of the physician/dentist stand in the way. Before dispatch, the expenses incurred as a result must be reimbursed, and receipt of the records must be acknowledged. Release may be refused until these expenses have been settled. Release may furthermore be refused as long as the patient has not settled all outstanding, i.e. due, claims of the MVZ against them (right of retention).

(4) The collection, use and processing of data, including its disclosure, is carried out in compliance with the statutory provisions, in particular the provisions on data protection, medical/dental professional confidentiality and social data confidentiality (Sozialgeheimnis).

§ 4 Cancellation Fee / Cancellation Policy

(1) The agreed treatment appointments are fixed appointments. The treatment times are reserved for the patient.

(2) If the patient is unable to attend an appointment, they must notify the MVZ of this

a) at least 24 hours in advance for appointments of up to one hour,
b) at least 48 hours in advance for surgical appointments and appointments of more than one hour

before the agreed appointment.

(3) If the patient fails to do so, they must pay the MVZ

a) an amount of €140 for appointments of up to one hour,
b) €250 for surgical appointments and appointments of more than two hours,

as liquidated damages (pauschalierter Schadenersatz). By booking the appointment, the patient acknowledges this provision as legally binding.

(4) Appointment cancellations communicated on weekends and public holidays may be made within the above-mentioned deadlines via the practice's email address and are then deemed to have been made in due time, provided the email reaches the MVZ within these deadlines.

(5) The claim for damages does not apply if the patient was prevented, through no fault of their own, from cancelling in due time or attending the appointment and provides evidence of this to the MVZ.

(6) The patient furthermore remains free to prove that the physician/dentist incurred no damage at all, or a lower damage than the liquidated amount claimed.

§ 5 Payment Terms

(1) Before the start of treatment, the patient is informed of the expected total costs or, in the case of patients covered by statutory health insurance, of the co-payments and additional costs.

(2) In the case of privately insured patients, the physician/dentist may require payment of an advance of up to 100% of the expected outlays (material and laboratory costs) before the start of treatment.

(3) Payment becomes due upon receipt of the invoice. If receipt cannot be proven, payment becomes due at the latest within one week of its dispatch.

(4) The patient is in default after a payment reminder, but at the latest 14 days after receipt of the invoice. From this point in time, interest is charged on the invoice amount at five percentage points above the base interest rate (Basiszinssatz), or at a higher interest rate actually paid by the physician/dentist. For each reminder, the MVZ must additionally be reimbursed EUR 5 in expenses.

(5) The collection, use and processing of data, including its disclosure, is carried out in compliance with the statutory provisions, in particular the provisions on data protection, medical professional confidentiality and social data confidentiality (Sozialgeheimnis).

§ 6 Prohibition of Assignment

The assignment of claims arising from the treatment relationship that have not been established by a final and binding court decision, or that are disputed, is excluded unless the physician/dentist consents to it in advance. Likewise, set-off against claims of the MVZ is only possible with counterclaims of the patient that have been established by a final and binding court decision.

§ 7 Limitation of Liability

(1) For damage to items brought onto the premises that remain in the patient's custody, the MVZ is liable only in cases of intent and gross negligence. The same applies to the loss of money and valuables.

(2) No liability is assumed for clothing that the patient deposits in the practice rooms.

§ 8 Final Provisions

Should any provisions of these General Terms and Conditions be or become invalid or contain a gap, this shall not affect the validity of the remaining provisions.

The place of jurisdiction for all legal disputes is Munich.