General Terms of Treatment (ABB)

This translation is provided for information. Only the German version is legally binding.

§1 SCOPE

Unless otherwise agreed, the ABB apply to the contractual relationships between Hair Doctors GmbH (hereinafter the “Clinic”) and patients with regard to outpatient and inpatient clinic services.

§2 LEGAL RELATIONSHIP

The ABB form part of every treatment offer made by the Clinic. The ABB are always handed to patients together with the individual treatment offer, either in person or electronically. They become legally effective for patients once they have accepted the Clinic’s treatment offer, namely either

1. by paying a deposit on the treatment amount of €1,750.00 into the Clinic’s specified bank account, or
2. by the Clinic’s current financing partner approving the patient’s financing application required for the treatment amount.

§3 SCOPE OF THE CLINIC’S SERVICES

(1) The Clinic’s outpatient and inpatient services comprise the general clinic services required to carry out the treatment agreed in each case, i.e. medical, anaesthetic, nursing, ward and catering services and, where applicable, individual optional services. The medicines and materials required to carry out the treatment are also included.

(2) General clinic services are those services which, taking into account the Clinic’s capabilities, are necessary for medically appropriate and adequate care. Under these conditions, they also include services provided by third parties and arranged by the Clinic.

(3) General clinic services do not include aids given to the patient at the end of their stay at the Clinic (e.g. compression garments/support bras), unless otherwise agreed in writing between the Clinic and the patient.

(4) The Clinic’s contractual offer only extends to those services for which the Clinic is equipped in terms of staff and facilities within the scope of its medical objectives.

§4 ADMISSION, TRANSFER AND DISCHARGE

(1) Within the limits of the Clinic’s capabilities, anyone who requires full inpatient clinic treatment will be admitted.

(2) If medically necessary (in particular in emergencies), patients may be transferred to another hospital. The transfer will be agreed with the patient in advance where possible. A transfer at the patient’s request to a hospital close to the patient’s home, without medical necessity and at the expense of the statutory health insurance fund, requires the consent of the statutory health insurance fund pursuant to § 60 SGB V if a flat rate per case (Fallpauschale) is billed. If the statutory health insurance fund refuses its consent, the transfer will only take place at the patient’s express request and at the patient’s own expense. The Clinic will inform the patient of this.

(3) A patient will be discharged if, in the judgement of the Clinic’s treating doctor, they no longer require treatment by the Clinic, or if they expressly request discharge. If the patient insists on being discharged against medical advice or leaves the Clinic of their own accord, the Clinic is not liable for the resulting consequences.

§5 TREATMENT COSTS

(1) The fee for the Clinic’s treatment costs payable by patients in accordance with the Clinic’s treatment offer is, where applicable, set in deviation from the German scale of fees for doctors (Gebührenordnung der Ärzte, GOÄ).

(2) Neither the general clinic services nor any optional services of the Clinic are covered by statutory health insurance. In accordance with the statutory provisions applicable at the time, there is therefore no obligation on the part of a public-law payer (e.g. health insurance fund) to cover the costs. Patients are therefore always self-payers vis-à-vis the Clinic, which means that they themselves are obliged to pay the treatment amount for the Clinic’s services they have used.

(3) The full treatment price, as per the total amount stated in the treatment offer, is due for payment 7 days before the treatment previously agreed to by paying the deposit.

(4) In the event of late payment, default interest of 5 percentage points p.a. above the base rate applicable at the time (§288 BGB) and reminder fees of €10 per reminder letter sent may be charged.

(5) Set-off against claims that are disputed or have not been finally established by a court is excluded.

§6 CANCELLATION AND PROCESSING FEES

(1) If a patient cancels (“withdrawal”) or if a patient requests the postponement of a treatment offer already accepted within the meaning of §2, the Clinic charges a processing fee and, in the case of cancellation by the patient (“withdrawal”), additionally a cancellation fee.

(2) The processing fee is charged for administrative handling and amounts to €250.

(3) The cancellation fee is charged to compensate for preparatory work already performed and as financial compensation. It is staggered and depends on the time remaining between the time of cancellation and the treatment date confirmed by the patient in accordance with the Clinic’s treatment offer. In the event of cancellation, it amounts to

more than 14 days before treatment: €300;

14 days to 8 days before treatment: 30% of the invoiced treatment price, but at least €300 and at most €1,500;

7 days to 1 day before treatment: 50% of the invoiced treatment price, but at least €300;

in the event of cancellation, postponement or absence on the day of treatment: 80% of the invoiced treatment price, but at least €300.

The day of treatment itself is not included in the calculation of the aforementioned periods. If the patient first postpones and subsequently cancels (“withdrawal”), (1) to (3) apply accordingly in such a case. However, the basis for assessing the amount of the fees incurred is then the period between the time of the patient’s first postponement and the treatment date originally confirmed by the patient in accordance with the Clinic’s treatment offer (first treatment date). Processing fees charged in the meantime are not offset against this.

(4) The cancellation fee is to be set higher or lower if the Clinic can prove greater damage or the patient can prove lesser damage.

(5) By way of derogation from (3) and (4), for series treatments (e.g. hair transplants in several stages, series of PRP appointments, series of scalp micropigmentation sessions, etc.), the Clinic will invoice, instead of a cancellation fee, those parts of the service that it has already performed at the time of the patient’s cancellation (“withdrawal”) or postponement. The calculation is based on the list price of these individual parts of the service valid at the time of the patient’s cancellation (“withdrawal”) or postponement.

(6) All fees and/or additional claims for parts of the service performed become due immediately upon cancellation of the respective treatment. If the amount of the fees and/or additional claims exceeds the payments already made by the patient, the patient is obliged to pay the difference.

(7) Cancellations or postponements by patients must always be made in text form. The date on which the Clinic receives the cancellation or postponement is used as the basis for calculating the fees.

(8) If the treatment date agreed in the accepted treatment offer has to be postponed due to illness, the fees under (1) to (3) only lapse if the patient submits a medical certificate to the Clinic, at least in digital form, no later than the second working day following notification of the necessary postponement. The patient must then arrange a new treatment date and pay the Clinic a reduced processing fee of €150 for it. If the patient subsequently withdraws from the treatment definitively, (1) to (3) apply accordingly in such a case. However, the basis for assessing the amount of the fees incurred is then the period between the time of the patient’s first postponement and the treatment date originally confirmed by the patient in accordance with the Clinic’s treatment offer (first treatment date). Processing fees charged in the meantime are not offset against this.

(9) If a treatment date has to be postponed for internal operational reasons of the Clinic, the Clinic undertakes to inform the patient of this without delay and to propose a new treatment date.

§7 COST SHARING FOR SUBSEQUENT ILLNESSES

Patients of the Clinic are informed and must be aware that the medical services offered by the Clinic are measures that are not medically indicated. Patients are informed and advised about the provisions of the health reform act (Gesundheitsreformgesetz) that came into force on 1 April 2007. In particular, they are aware of the following statutory clause of SGB V §52 para. 2: “If insured persons have contracted an illness as a result of a measure that is not medically indicated, such as an aesthetic operation, a tattoo or a piercing, the health insurance fund must require the insured persons to contribute to the costs to a reasonable extent and must refuse or reclaim all or part of the sickness benefit for the duration of this treatment.”

By accepting the Clinic’s treatment offer, patients are aware of the economic consequences of this provision and understand the legal framework.

§8 OBLIGATION TO PAY IF A MEDICAL CONTRAINDICATION IS FOUND

The finding of a medical contraindication (e.g. taking blood-thinning medication, not having fasted on the day of treatment, for instance due to food residues in the stomach) that prevents the Clinic from carrying out the treatment is rare in the course of treatment, but cannot be ruled out. If, following such a medical assessment, the planned treatment cannot be carried out, the Clinic will charge a treatment fee of 20% of the agreed treatment amount for the expenses incurred up to that point. The agreed total treatment amount will not be invoiced beyond this, provided that, at the time of the medical decision, the patient is not using and has not used any other general clinic services or optional services of the Clinic, in part or in full. The invoice is issued immediately after the procedure.

§9 MEDICAL PROCEDURES

(1) Procedures affecting the physical and mental integrity of the patient are only carried out after the patient has been informed of the significance and implications of the procedure and has given their consent.

(2) If the patient is unable to declare their consent, the procedure will be carried out without express consent if, in the conviction of the responsible Clinic doctor, it is immediately necessary to avert an imminent danger to life or because of an imminent serious impairment of the patient’s state of health.

(3) The patient consents to those preliminary examinations that the treating doctor considers necessary for the purpose of medical treatment and with regard to the treating staff. The patient expressly consents to a blood sample being taken for the purpose of testing for HIV infection if this test is indicated from a medical point of view. Tests are indicated from a medical point of view for the differential diagnosis of complaints that may also be caused by an HIV infection, and for including any immunodeficiency in the assessment of whether

1. a particular therapy (in particular an operation) should be carried out,
2. to protect Clinic staff from HIV infection (e.g. needlestick injury or blood/skin contact with infected patients),
3. to protect patients from possible infection.

Through this information, the patient is informed about the nature, scope, significance and implications of, and the reason for, carrying out the HIV test and its possible consequences.

§10 UNFITNESS TO DRIVE AFTER OUTPATIENT TREATMENT

By accepting the Clinic’s treatment offer, patients of the Clinic accept that their attentiveness, speed and reliability of reaction, and ability to coordinate and concentrate may be impaired on the day of treatment to such an extent that driving a motor vehicle or using other technical equipment is not possible on the day of the procedure following the treatment. In this respect, treatments involving anaesthesia services of the Clinic in particular (including so-called sedation with Propofol, Dormicum and/or Midazolan) can only be carried out on an outpatient basis if the patient is collected by an accompanying person after an appropriate rest period at the Clinic.

§11 PHOTOGRAPHIC DOCUMENTATION

The patient agrees that images may be taken to document nursing and therapeutic measures during their inpatient stay in one of the Clinic’s private clinics. The patient further agrees that the images taken may be used for study purposes and for publications in the context of further and advanced training and/or medical papers.

§12 RECORDS AND DATA, DECLARATION OF CONSENT AND RELEASE FROM MEDICAL CONFIDENTIALITY

(1) Patient files and medical histories, in particular progress documentation, examination findings, images from diagnostic medical equipment, photographic documentation and other records, are the property of the Clinic.

(2) Patients have no claim to the surrender of the original documents. Deviating statutory provisions remain unaffected.

(3) The right of the patient or a person authorised by them to inspect the records and, where applicable, to receive copies at the patient’s expense, and the duty of the Clinic’s treating doctor to provide information, remain unaffected.

(4) By signing the information and consent documents, the patient consents to the electronic storage of their data in the Clinic’s hospital information system (KIS), to the (digital) photographic documentation of the treatment, to the transfer of data to third parties involved in the treatment and to the anonymous use of the data for scientific purposes. In addition, the Clinic may write to the patient as part of the satisfaction survey.

(5) The data, including its transfer, is processed in compliance with the statutory provisions, in particular the provisions on data protection, medical confidentiality and social data secrecy (Sozialgeheimnis).

(6) Patients who opt for certain optional services of the Clinic that are provided by external third parties expressly agree to the

1. transfer of the information required for registration for the provision of nutrition and fitness programmes, in particular data from the patient file (name, date of birth, address, treatment data), to Oviva AG, Dortustraße 48, 14467 Potsdam;
2. transfer of the information required in each case for the purpose of financing, in particular data from the patient file (name, date of birth, address), to medipay GmbH, Absatzfinanzierung, Am Turm 22, 53721 Siegburg (hereinafter medipay). In this respect, patients release the Clinic and their treating doctor from the doctor’s duty of medical confidentiality under §203 StGB insofar as this is necessary for billing, asserting the claim and obtaining credit information.
3. transfer of the information required for taking out follow-up cost insurance from the provider MedAssure, in particular data from the patient file (name, date of birth, address) and procedure-related data (surgeon, type and date of treatment), to Jahnke Hoyer & Cie. GmbH and its affiliated company JHC Service GmbH, both based at Konrad-Adenauer-Ufer 39, 50668 Köln, insofar as this is necessary for concluding the insurance contract with the patient and for the insurance cover to take effect.

After the statutory retention periods have expired, the data is destroyed in accordance with the provisions on data protection.

§13 ITEMS BROUGHT INTO THE CLINIC

(1) Only necessary clothing and personal items should be brought into the Clinic.

(2) Items left behind become the property of the Clinic if they are not collected within 12 weeks of a request to do so.

(3) In the case of para. 2, the request will expressly state that the claim to surrender is waived, with the consequence that the items left behind become the property of the Clinic once the deadline has expired.

(4) Para. 2 does not apply to items forming part of a deceased person’s estate or to money and valuables held in safekeeping by the administration. The safekeeping, surrender and realisation of these items take place in compliance with the statutory provisions.

§14 LIMITATION OF LIABILITY

(1) The Clinic is liable in accordance with the statutory provisions. Liability presupposes that the patient fully complies with the instructions of the treating doctors and the nursing staff.

(2) The Clinic is only liable in cases of intent and gross negligence for the loss of or damage to items brought in that remain in the patient’s care, or to the patient’s vehicles parked on the Clinic premises or in a car park provided by the Clinic. The Clinic accepts no liability for money and valuables that have not been deposited if they are lost, destroyed or otherwise reduced in value. The Clinic excludes all liability for deposited money or valuables, e.g. jewellery or electronic devices, worth more than €500 (in words: five hundred euros).

§15 PLACE OF PAYMENT

Patients liable to pay must settle their debt at their own risk and expense in Dortmund, at the registered office of the operator of the Clinic.

§16 ENTRY INTO FORCE

These ABB enter into force on 1 September 2023. At the same time, previous versions of the ABB are repealed.