General terms of treatment (ABB)

§ 1 Scope of application

Unless otherwise agreed, the ABB apply to the contractual relationships between Weight Doctors GmbH (hereinafter the “clinic”) and patients for 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 of €1,750 towards the treatment amount into the clinic’s stated bank account, or
2. through approval, by the clinic’s
current financing partner, of 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 elective services. The medicines and benefits in kind required to carry out the treatment are also included.

(2) General clinic services are those services that, taking into account the clinic’s capacity, are necessary for medically appropriate and sufficient care. Under these conditions, this also includes services provided by third parties arranged by the clinic.

(3) Aids that are given to the patient on leaving the clinic (e.g. compression garments/support bras) are not part of the general clinic services, unless something else has been agreed in writing between the clinic and the patient.

(4) The clinic’s contractual offer extends only 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 clinic’s capacity, anyone who requires full inpatient clinic treatment is admitted.

(2) Where medically necessary (in particular in emergencies), patients may be transferred to another hospital. The transfer is agreed with the patient beforehand – as far as possible. A transfer to a hospital close to home, made at the patient’s request without medical necessity and at the expense of the German statutory health insurer, requires the consent of the statutory health insurer pursuant to § 60 SGB V where a flat-rate case payment is billed. If the statutory health insurer refuses its consent, the transfer takes place only at the express request and at the patient’s own expense. The clinic informs the patient of this.

(3) A patient is discharged if, in the opinion of the treating physician of the clinic, they no longer require treatment by the clinic, or if they expressly request discharge. If the patient insists on discharge against medical advice or leaves the clinic on their own authority, the clinic is not liable for the resulting consequences.

§ 5 Treatment costs

(1) The fee payable by patients for the clinic’s treatment costs in accordance with the clinic’s treatment offer may, where applicable, be set differently from the German medical fee schedule (GOÄ).

(2) Neither the general clinic services nor any elective services of the clinic are covered by German statutory health insurance. In accordance with the statutory provisions in force at the time, there is accordingly no obligation to provide benefits on the part of a public-law payer (e.g. health insurer). Patients are therefore always self-paying patients towards the clinic, which means they are themselves obliged to pay the treatment amount for the clinic services they use.

(3) The full treatment price, according to the total amount stated in the treatment offer, falls due for payment 7 days before the treatment to which consent was previously given by paying the deposit.

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

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

§ 6 Cancellation and processing fees

(1) If patients cancel (“withdrawal”) or wish to postpone a treatment offer already accepted within the meaning of §2, the clinic charges a processing fee and, in the case of cancellation by patients (“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 services already rendered and as financial compensation. It is graded and depends on the time remaining between the date of cancellation and the treatment date promised by the patient in accordance with the clinic’s treatment offer. In the event of cancellation, it amounts to

more than 14 days before the treatment:
€300;

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

7 days to 1 day before the 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 above-mentioned periods. If a postponement by the patient occurs first and a cancellation (“withdrawal”) follows, (1) to (3) apply accordingly in such a case. The basis for calculating the amount of the fees incurred is then, however, the period between the date of the patient’s first postponement and the treatment date originally promised by the patient in accordance with the clinic’s treatment offer (first treatment date). Processing fees charged in the meantime are therefore not offset.

(4) The cancellation fee is to be set higher or lower if the clinic can prove higher damage or patients can prove lower damage.

(5) By way of derogation from (3) and (4), in the case of drug therapies such as GLP-⁠1, instead of a cancellation fee, those parts of the service that the clinic had already performed at the time of cancellation (“withdrawal”) or postponement by the patient are invoiced. The list price in force for these individual parts of the service at the time of cancellation (“withdrawal”) or postponement by the patient is decisive for the calculation.

(6) All fees and/or additional claims for parts of the service rendered fall due immediately upon cancellation of the treatment concerned. If the amount of the fees and/or additional claims exceeds the payments already made by patients, patients are obliged to pay the difference.

(7) A cancellation or postponement by patients must always be made in text form. The date on which the cancellation or postponement is received by the clinic is the basis for calculating the fees.

(8) If the treatment date agreed on the basis of the accepted treatment offer has to be postponed because of illness, the fees under (1) to (3) are waived only if patients submit a medical certificate to the clinic, at least in digital form, no later than the second working day following notification of the necessary postponement. Patients must then agree a new treatment date and pay the clinic a reduced processing fee of €150 for it. If patients subsequently withdraw from their treatment definitively, (1) to (3) apply accordingly in such a case. The basis for calculating the amount of the fees incurred is then, however, the period between the date of the patient’s first postponement and the treatment date originally promised by the patient in accordance with the clinic’s treatment offer (first treatment date). Processing fees charged in the meantime are therefore not offset.

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

§ 7 Cost contribution for secondary 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 that came into force on 1 April 2007. In particular, the following statutory clause of SGB V §52 Abs. 2 is known in this regard: “Where insured persons have contracted an illness through a medically non-indicated measure, such as an aesthetic operation, a tattoo or a piercing, the German health insurer must require the insured persons to contribute to the costs to an appropriate extent and withhold or reclaim sickness benefit in whole or in part 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 statutory framework.

§ 8 Obligation to pay where a medical contraindication is established

The finding of a medical contraindication (e.g. taking blood-thinning medication, not being fasted on the day of treatment, for instance because of food residue 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 charges a treatment fee of 20% of the agreed treatment amount for the expenses incurred up to that point. The agreed total treatment amount is not invoiced beyond this, provided that the patient has not, at the time of the medical decision, used or already used other general clinic services or elective services of the clinic in part or in full. The invoice is issued immediately after the procedure

§ 9 Medical procedures

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

(2) If the patient is unable to give consent, the procedure is carried out without express consent if, in the opinion of the responsible clinic physician, it is required without delay to avert a threat to life or because of an immediately threatening serious impairment of the patient’s state of health.

(3) The patient agrees to those preliminary examinations that the treating physician considers necessary for the purpose of medical treatment and out of consideration for the treating staff. The patient expressly agrees to a blood sample being taken for the purpose of testing for an HIV infection if this test is medically indicated. From a medical point of view, tests are indicated for the differential-diagnostic clarification of complaints for which an HIV infection is also a possible cause, for taking any immune deficiency into account in assessing whether
1. a particular therapy (in particular an operation) should be carried out,
2. to protect clinic staff from an 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 attention, speed and reliability of reaction, and the 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 after the treatment. In this respect, treatments involving anaesthetic services of the clinic (including so-called sedation using propofol, Dormicum and/or midazolam) can be carried out on an outpatient basis only if patients are collected by an accompanying person after an appropriate rest period at the clinic.

§ 11 Image documentation

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

§ 12 Records and data, declaration of consent and release from medical confidentiality

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

(2) Patients have no right to the release 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 be given copies at their own expense, and the duty of the clinic’s treating physician 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 passing on 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 processing of the data, including its disclosure, takes place in compliance with the statutory provisions, in particular the provisions on data protection, medical confidentiality and social secrecy.

(6) Patients who opt for certain elective services of the clinic that are provided by external third parties expressly consent to the
1. disclosure 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. disclosure of the information required in each case for 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 physician from medical confidentiality under §203 StGB, insofar as this is necessary for billing, for
asserting the claim and for obtaining a credit report.
3. disclosure 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, each with its registered office at Konrad-Adenauer-Ufer 39, 50668 Cologne,
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 Personal belongings brought in

(1) Only the necessary items of clothing and articles for daily use 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.

(3) In the case of para. 2, the request expressly states that the claim for return is waived, with the consequence that the items left behind become the property of the clinic after the period has expired.

(4) Para. 2 does not apply to items from an estate or to money and valuables held by the administration. The safekeeping, return 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 follows the instructions of the treating physicians and the nursing staff.

(2) For the loss of or damage to personal belongings that remain in the patient’s custody, or to the patient’s vehicles parked on the clinic grounds or in a car park provided by the clinic, the clinic is liable only in cases of intent and gross negligence. 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 any 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 discharge 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 come into force on 1 September 2023. At the same time, the earlier version of the ABB is repealed.

As of: 1 September 2023; Version: 2.0