§ 1 Scope of application

(1) Unless otherwise agreed, these General Terms and Conditions apply to the contractual relationship between the doctor and the patient or between the doctor’s practice and the patient.
(2) Doctors within the meaning of the General Terms and Conditions are also the doctors employed in our practice.
(3) 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 doctor and the patient is of a private law nature.

§ 3 Medical documentation and data protection

(1) The medical documentation is the property of the doctor.

(2) The patient or a person authorized by the patient has the right to inspect the medical documentation and the right to information. There is no entitlement to the surrender of the original documents.

(3) By way of derogation from para. 2, the temporary transfer of original documents to a lawyer authorized by the patient is possible, provided that this does not predominantly conflict with the interests of the doctor. The resulting expenses must be reimbursed prior to dispatch. The transfer may be refused until the expenses have been paid. Receipt of the records must be acknowledged.

(4) The collection, use and processing of data, including its disclosure, shall be carried out in compliance with the statutory provisions, in particular the provisions on data protection, medical confidentiality and social secrecy. The release from confidentiality applies exclusively in communication with your other treating physicians.
(5) To verify the data and address you have provided to us, your identity document can be inspected at our patient registration desk.

§ 4 Recall program

In order to enable the private dermatology practice at Schweizer Platz to provide extended medical care, you consent to the storage of your data, which is necessary for your personal identification. As part of a recall program for e.g. follow-up treatments, you agree to be contacted via your telephone number, e-mail address or by post. This data remains on the system of the private dermatology practice at Schweizer Platz and is not passed on. You also agree to be reminded of future appointments at the practice by text message or e-mail via the Doctolib appointment platform. Doctolib undertakes to comply with German and European regulations on the protection of personal data, in particular the General Data Protection Regulation (EU) of April 27, 2016 (“GDPR”).

§ 5 Default fee

(1) The practice is an order-only practice. The agreed treatment appointments are fixed appointments. The treatment times are kept free for the patient alone.

(2) If the patient is unable to attend the appointment, he/she must inform the practice in good time that he/she is unable to attend:

at least 24 hours in advance in writing by email to: info@hautarzt-markovic.de , so that we can make other plans for the time you have set aside. The time refers to working days. If the appointments are on a Monday, then the appointments must be canceled before the weekend. Cancellation via the Doctolib portal alone will not be accepted. This agreement not only serves to avoid waiting times in the organizational sense, but also creates contractual obligations for both parties. If you do not cancel the appointment in good time, you will be charged for the scheduled time and the remuneration or the unused time.

(3) In the event of non-appearance on the agreed date, we will charge you the full amount of the lost fee or agreed price, but at least €70. It is agreed that otherwise default of acceptance shall occur if the agreed date is not canceled and adhered to in due time.

(4) The reference to the fact that the practice could not be reached by telephone or, in the event of non-reachability, by email, shall not serve as an excuse for a cancellation that was not submitted on time.
(5) The claim for damages shall not apply if the patient was demonstrably prevented from canceling or attending the appointment on time through no fault of his own. This must be proven within 7 working days without being asked.
(6) The patient is also free to prove that the doctor has suffered no loss or a lesser loss than the lump sum claimed.

(7) The corresponding compensation is due for payment at the latest after the statutory payment period of 30 days.

§ 6 Payment regulations

For treatments for private medical services and optional medical services:

(1) For the provision of these medical services, the practice receives a fee based on
according to the guidelines of the German Medical Fee Schedule (GOÄ) in the latest version of May 1, 2001 and, if applicable, the analog billing recommendations of the German Medical Association up to 2.3 times the standard rate, in the case of above-average difficulty or time expenditure also up to 3.5 times the rate for medical services and 2.5 times the rate for technical services. Any additional increase rates will be agreed individually in advance and recorded in writing in your patient file. Deviating aid provisions or insurance tariffs cannot be taken into account.
(2) If necessary, so-called analog numbers (usually according to the recommendations of the German Medical Association) are applied. Analog codes relate to services that are not or only insufficiently covered in the GOÄ. If services are provided by third parties (e.g. laboratory, histology), they will issue a separate invoice to the patient.

(3) However, we expressly do not guarantee full reimbursement of the invoice amount by insurers or subsidy offices, because “the orientation of medical action according to the insured person’s reimbursement options, which are unknown in their diversity, is inadmissible” (OLG Koblenz 6U286/87 and 7U50/85). This takes into account, among other things, the fact that the doctor is solely liable for the provision of high-quality and comprehensive services in accordance with medical necessity and not the payer.

(4 ) The obligation to pay a correctly issued medical invoice lies with the patient or their legal representative. According to the legal basis of the GOÄ, an invoice issued is due for payment immediately upon receipt.

(5) In the case of purely aesthetically motivated issues, there is no obligation for reimbursement by cost bearers. In these cases, we are obliged to charge the statutory VAT on the invoice amount and pay it to the tax office. Medically necessary services, on the other hand, are exempt from VAT.

(6) The fee is due no later than 30 days after invoicing. The patient is advised that the fee is payable in full even if private health insurance, the subsidy provider or other cost bearers do not reimburse the fee in full. It is recommended that the patient clarifies the assumption of treatment costs in advance.
(7) In the case of elective medical services (IGeL) based on the Official Scale of Fees for Physicians (GOÄ) in accordance with § 1-12 (with the exception of § 2 GOÄ), a fee agreement shall apply at the following fee rates:
a) the medical service from 1 to 5 times the rate
b) the medical-technical services from 1 to 5 times the rate
– The decisive factor for the decision on the fee agreement is that the desired treatment is not part of the contract doctor’s prescription
– The decisive factor for the decision is that although the desired treatment is part of the prescription issued by a panel doctor, the patient wishes to be treated and paid for by a private doctor for personal reasons.

In the case of optional medical services, the patient will be informed of the expected total costs before the start of treatment. Invoices for elective medical services are due immediately, otherwise we request payment of invoices issued within 3 weeks of the invoice date. Of course, anyone can forget something, but any necessary reminders are subject to a charge, as we also incur costs for this (printing, postage, personnel costs). After 2 necessary reminders, we hand over cases directly to Fiduzia Inkasso.

(8) Legal guardians shall join the claims against their children.

§ 7 Prohibition of assignment

The assignment of legally established or undisputed claims arising from the treatment relationship is excluded, unless the doctor agrees to this in advance.

§ 8 Limitation of liability

(1) The practice shall only be liable for damage to items brought in that remain in the care of the patient, loss of money or valuables in cases of intent and gross negligence.

(2) No liability is assumed for the patient’s wardrobe.

§ 9 Final provision

Should provisions of these General Terms and Conditions be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.
The practice must be informed in good time of any changes of address and other data important for billing and medical care.
Status 01.04.2024