Terms and conditions and customer information

§ 1 Scope and contracting party

(1) These terms apply to all treatment contracts for medical video consultations booked through the website heute-krank.de.

(2) Your contracting party is Mirco Giannini, physician, Münsterlandstraße 33, 10317 Berlin, email: kontakt@heute-krank.de (hereinafter „the doctor"). The treatment contract under sections 630a et seq. of the German Civil Code (BGB) is concluded directly with the doctor.

(3) The service is aimed at patients who are of full age and who pay for the service themselves.

§ 2 Conclusion of contract, contract language, contract text

(1) The presentation of the service on the website is not a binding offer but an invitation to book. By completing the booking through the „Book and pay now" button you submit a binding offer to conclude a treatment contract. The contract comes into effect when the doctor confirms the booking by email.

(2) Before submitting the booking you can review and correct your entries on a summary page.

(3) The contract language is German or English, depending on the language in which you complete the booking. If the German and English versions of these terms differ, the German version prevails.

(4) The contract text (booking data and these terms) is stored and sent to you by email with the booking confirmation.

§ 3 Service: medical video consultation

(1) The subject of the contract is a medical consultation by video for mild acute symptoms (a current overview of suitable symptoms is on the website). What is owed is medical treatment according to the generally recognised professional standards in force at the time of treatment, not a particular success or a particular outcome (section 630a (2) BGB).

(2) The consultation takes place as a live video conversation. You need a suitable device with a camera, a microphone and a stable internet connection.

(3) A video consultation does not replace a physical examination. If it emerges before or during the conversation that a physical examination is necessary, the remote treatment is not carried out or is ended and you are referred to a suitable place (a local practice, the German on-call medical service on 116 117, or in emergencies the 112 emergency number).

§ 4 Certificate of incapacity for work: no promise, fixed limits

(1) Whether a certificate of incapacity for work can be issued is decided by the doctor alone, on the basis of the consultation and the examination, according to medical judgement and the rules of professional conduct. There is no entitlement to the issue of a certificate or to any particular content, and no such entitlement can be agreed.

(2) The following fixed limits apply: incapacity for work is certified for a maximum of 3 calendar days. Backdating to past days only takes place in justified exceptional cases after careful assessment and for a maximum of 3 days. A follow-up certificate is issued only after a further medical examination in a follow-up appointment, which the doctor may offer in an individual case. It follows on directly from the first certificate, is issued at most once per illness and, together with the first certificate, covers a maximum of 6 calendar days. There is no entitlement to a follow-up appointment or to a follow-up certificate; where there are warning signs or an unclear course, the doctor refers you to a local practice.

(3) If no certificate is issued, you receive a medical recommendation on how to proceed. The claim to remuneration under § 5 also arises in this case; however, the doctor does not assert it and refunds your advance payment in full.

§ 5 Fees and billing under the GOÄ

(1) Billing follows the German scale of fees for doctors (Gebührenordnung für Ärzte, GOÄ). After the consultation you receive an invoice showing the fee items and multipliers applied (section 12 GOÄ).

(2) The expected total amount for a video consultation is €49.99. The doctor sets the multipliers so that this amount is not exceeded for the consultation booked, unless you expressly agree to additional services during the conversation. If the invoice comes to a lower amount, the difference to your advance payment is refunded. For a follow-up appointment under § 4 (2) the expected total amount is 29,99 €. It covers the same services as the first consultation, including the written medical report under paragraph 3; the lower amount results from a lower multiplier, because for patients already known to the practice the time required and the difficulty of the service are lower (section 5 (2) GOÄ).

(3) The fee is owed for the medical consultation including the written medical report (doctor's letter), which you order together with the booking and which is charged as a service at your request under section 1 (2) GOÄ (GOÄ no. 75). It is payable in full even if, following the consultation, no certificate of incapacity for work can be issued; the medical service has been rendered with the conversation, the assessment, the report and the recommendation.

(4) Information on costs (section 630c (3) BGB): the consultation is a private service that you pay for yourself. Statutory health insurance does not reimburse it. Whether a private health insurer or Beihilfe reimburses depends on your policy; please clarify this before booking if needed. You also receive the expected costs in text form with the booking confirmation.

§ 6 Payment

(1) Payment is made at the time of booking as an advance on the expected fee, through the payment service provider Mollie B.V. The available payment methods are shown during the booking process.

(2) No additional charges are levied for the use of a payment method.

(3) Final billing takes place through the invoice under § 5; the advance payment is set off against it.

§ 7 Cancellation, rebooking, non-attendance, technical problems

(1) You can cancel or rebook the appointment free of charge until it starts (through the link in the booking confirmation or by email to kontakt@heute-krank.de). If you cancel before the appointment starts, the advance payment is refunded in full.

(2) If you do not attend without cancelling, the doctor may charge a missed-appointment fee of 15.00 EUR; the remainder of the advance payment is refunded. The fee is waived or reduced if the slot could be given to someone else, if you are not responsible for the non-attendance, or if you show that no loss or a substantially smaller loss occurred.

(3) The doctor may cancel the appointment, in particular if your answers before the consultation already show that a video consultation is not suitable. In that case the advance payment is refunded in full.

(4) If the video consultation does not take place for technical reasons for which you are not responsible, the appointment is repeated free of charge or, at your request, the advance payment is refunded in full.

§ 8 Your cooperation, ending the consultation

(1) Your details about yourself and your symptoms must be complete and accurate (section 630c (1) BGB). During the consultation the doctor may ask you to show photo identification, to show visible findings, to measure your temperature or to carry out a self-test.

(2) The doctor may end the consultation if the necessary cooperation is not forthcoming, if your identity cannot be established, if there are concrete indications of inaccurate statements, or if warning signs make a physical examination necessary.

(3) If the consultation is ended because cooperation is not forthcoming, because identity cannot be established or because statements are inaccurate, the fee for the service rendered up to that point remains payable (section 628 (1) BGB). If the consultation is ended because a physical examination is necessary, § 5 (3) applies; the medical assessment, including the referral to a suitable place, is part of the service owed.

§ 9 Right of withdrawal, termination

(1) There is no statutory right of withdrawal for treatment contracts under section 630a BGB. Section 312 (2) no. 7 BGB exempts treatment contracts from the provisions on distance contracts, including the right of withdrawal under section 312g BGB.

(2) Independently of that, you can terminate the treatment contract at any time and without giving reasons until the consultation begins (section 627 BGB); in that case § 7 (1) and (2) apply. If you terminate after the consultation has begun, the fee for the service rendered up to that point is payable (section 628 (1) BGB).

§ 10 Documentation, access, data protection

(1) The treatment is documented in a patient record under section 630f BGB; the time and duration of the video consultation and any refusal of treatment together with the reasons for it are documented as well.

(2) You have the right to inspect your patient record and to receive electronic copies (section 630g BGB). The first copy of your data is free of charge (Article 15 (3) GDPR). Please send requests to kontakt@heute-krank.de.

(3) Information on the processing of your personal data can be found in the privacy policy.

§ 11 Liability

The doctor is liable in accordance with statutory provisions. These terms contain no limitation of liability.

§ 12 Consumer dispute resolution

The doctor is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board. Independently of that, you can contact the Ärztekammer Berlin (Berlin medical association) with questions about medical treatment.

§ 13 Applicable law, place of jurisdiction

(1) The law of the Federal Republic of Germany applies. If, as a consumer, you have your habitual residence in another state, this choice of law does not deprive you of the mandatory consumer protection provisions of that state (Article 6 (2) of Regulation (EC) No 593/2008, Rome I).

(2) No place of jurisdiction is agreed; the statutory places of jurisdiction apply.