General Terms and Conditions (GTC) for the Video Consultation Hour

The aim of the video consultation is to adapt patient consultation and patient care to communication habits and to make it possible in a contemporary way via a ubiquitous medium.

Participation in the video consultation is voluntary.

In urgent cases, dial 112 or go to an emergency room.

These GTC apply to the use of the video consultation by patients.

By accepting the General Terms and Conditions in the course of booking an appointment via opt-in, a usage agreement is concluded in accordance with these General Terms and Conditions.

Risks

The video consultation does not replace the examination and personal consultation. As with any medical procedure, there are potential risks associated with the use of telemedicine. The transmitted information may be of insufficient quality. This may limit the reliability of a recommendation. An interview and on-site examination should be perceived as complementary. Limited assessability via video transmission may result in a delay in medical evaluation and treatment. In principle, unauthorized access to data transmission by third parties with a violation of privacy is possible with any electronic form of communication.

Your data will be treated confidentially according to DGSVO, just like during the on-site consultation. You have the right to revoke your consent to use the video consultation at any time. As an alternative to the telemedical consultation, a personal consultation and examination is possible. Medical data can be forwarded to other physicians for co-judgment. You cannot be guaranteed any benefit from using the video consultation. Your health information may be shared with others for planning and billing purposes. Medical support staff may also be present during the video consultation. It goes without saying that all medical personnel are bound by professional secrecy. You have the right to omit information about your person and health. Withholding information can lead to a momentous misjudgment of your health or mishandling of your care.

CenterPlast endeavors to ensure proper operation of the video consultation, but does not vouch for uninterrupted usability or accessibility and, in particular, is not liable for delays, interruptions or failures due to technical reasons.

Terms of use for participation in the video consultation.

For use, the patient must be at least 18 years old and have unlimited legal capacity.

The use of the video consultation requires that the patient truthfully and completely submits all data requested in the appointment booking mask.

The video consultation offered is a medically reasonable health service (SINGeL service). The fee calculation is based on the GOÄ. The duration of the consultation is limited to twenty minutes. Between Dr. med. Santos Stahl / Priv.-Doz. Dr. med. Stéphane Stahl of CenterPlast Joint Practice and the patient the following medical fee agreement is made according to §2 GOÄ:

The service must be paid for privately according to the applicable tariff of the GOÄ (Gebührenordnung für Ärzte), as this service is not included in the list of services covered by health insurance.

You are not entitled to reimbursement or cost sharing from your statutory health insurance.

Adequate privacy should be ensured in the rooms used. At the beginning of the video consultation, an introduction of all persons present in the room must be made on both sides.

Prescribing medication or issuing certificates of incapacity for work is not possible during a video consultation.

Limitation of liability

We point out that the transmission of access data to external providers is unavoidable due to the technical functioning of information transmission on the Internet. The third-party providers themselves are responsible for the data protection-compliant operation of the IT systems they use. The decision to use video transmission and the selection of the video service provider is the patient’s responsibility. CenterPlast does not warrant the privacy and data security of the favored video service provider. This concerns, among others:

• the video transmission of the video service provider via a peer-to-peer connection, without using a central server.
• the cryptographic protocols (IPsec, IKEv2, SSH) of the video service provider.
• the location of the video service provider’s server in the EU.
• the technical security policies of the video service provider.
• the data storage or sharing by the video service provider.
• any liability of the physician for certificates or seals of quality of the German Accreditation Body (DAkkS) of the video service provider is excluded.

The physician does not assume any warranty for

• Internet connection quality

With regard to data security aspects, we refer to:
www.whatsapp.com/security/
www.securemessagingapps.com

CenterPlast’s liability, irrespective of the legal grounds, for damages caused by it, its legal representatives or its respective vicarious agents shall be limited as follows:

• In the event of a slightly negligent breach of a material obligation arising from the contractual relationship (“cardinal obligation”), CenterPlast’s liability shall be limited to the amount of the damage foreseeable at the time of conclusion of the contract and typical for the contract.
• “Cardinal obligations” are those obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance a contracting party may regularly rely.
• CenterPlast shall not be liable for the slightly negligent breach of non-substantial obligations arising from the contractual obligation.

The aforementioned limitations of liability shall not apply in cases of gross negligence or intentional acts as well as in cases of mandatory legal liability, in particular in the event of the assumption of a guarantee or in the event of culpable injury to life, limb or health.

Duties of the user

The patient is obliged to provide information required for the provision of services correctly, comprehensively and truthfully.

Changes/additions to the terms of use

CenterPlast reserves the right to amend these General Terms and Conditions in part or in full at any time in the event of a gap in this agreement or in the event of a disruption of the original relationship between performance and consideration, provided that you are not unreasonably disadvantaged as a result. This is particularly the case if the changes are without economic disadvantages for you, such as an adaptation of the General Terms and Conditions to changed registration procedures as well as to changed functionalities or services. You will be informed about the changes in due time by e-mail or when logging in, before the new Terms and Conditions come into force; we will keep a reasonable period of time. If the changes are not acceptable to you, you may terminate your registration at any time. You will be deemed to have approved the changes if you continue to use Video Consultation after the effective date of the changes. These legal consequences will be pointed out to you separately.

Final provisions

The exclusive place of jurisdiction for all disputes arising from this contract shall be Saarbrücken, Germany, provided that the member is a merchant or has no general place of jurisdiction in Germany; this shall also apply in the event that the member relocates his residence or habitual abode outside Germany after conclusion of the contract or his residence or habitual abode is unknown at the time the action is filed.

The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and German private international law.

Should provisions of these general terms and conditions be or become invalid in whole or in part, the remaining provisions shall remain unaffected.