GTC
Treatment Contract and Terms and Conditions for Heilpraktikerin for Psychotherapy
§1 Scope of Terms and Conditions
1. The General Terms and Conditions govern the business relationship between the Heilpraktikerin for Psychotherapy and the Client as a treatment contract or counseling/coaching contract (hereinafter referred to as "Contract") within the meaning of §§ 611ff BGB, unless otherwise agreed upon in writing between the contracting parties.
2. The treatment contract is concluded when the Client accepts the general offer of the Heilpraktikerin for Psychotherapy through conclusive actions and seeks her for the purpose of counseling, coaching, or psychotherapy.
3. The Heilpraktikerin for Psychotherapy, however, is entitled to reject a treatment contract without stating reasons, especially if a necessary relationship of trust cannot be expected, or if the complaints involve matters that the Heilpraktikerin for Psychotherapy cannot or may not treat due to her specialization or legal reasons, or if they could put her in ethical conflicts. In this case, the fee claim of the Heilpraktikerin for Psychotherapy for services rendered up to the point of rejection, including counseling, remains valid.
§2 Content and Purpose of the Treatment Contract
The Heilpraktikerin for Psychotherapy provides her services to the Client in a manner where she applies her knowledge and skills of the practice of healing for counseling, coaching, and therapy with the Client, taking into account any treatment bans and her duty of care. Frequently, methods that are not recognized by conventional medicine and do not correspond to the state of science are also applied. In this respect, a subjectively anticipated success of the method cannot be promised or guaranteed. The Heilpraktikerin for Psychotherapy is not authorized to issue medical certificates or prescribe prescription medications.
§3 Client's Participation
The Client is not obligated to actively participate, but participation is beneficial for the process. The Heilpraktikerin for Psychotherapy is entitled to terminate the treatment if the required relationship of trust no longer exists, especially if the Client rejects counseling content, provides incorrect or incomplete information for the anamnesis and diagnosis, or obstructs therapy measures.
§4 Remuneration of the Heilpraktikerin for Psychotherapy
1. The Heilpraktikerin for Psychotherapy has a claim to remuneration for her services. If the fees have not been individually agreed upon between the Heilpraktikerin for Psychotherapy and the Client, the rates listed in the price list of the Heilpraktikerin for Psychotherapy apply. All other fee schedules or directories are not applicable.
2. The fees are to be paid by the Client in cash or by bank transfer before each treatment. At the beginning of each month, the Client will receive an invoice according to Section 7 of the General Terms and Conditions.
3. If a pre-agreed treatment appointment is not utilized, a cancellation fee in the amount of the total fee is to be paid. The above payment obligation does not apply if the appointment is canceled 48 hours before the agreed-upon time or if the Client is prevented from attending (e.g., due to illness or accident, verifiable by a medical certificate).
4. Repeated appointment cancellations may lead to an early termination of treatment. To ensure continuous progress, missed sessions should be rescheduled as soon as possible. In the ideal case, Client should communicate any delays before the scheduled start time, but no later than within the first 15 minutes after the start of the session. Delays of more than 15 minutes without notification to the practitioner will be considered as a missed appointment, and a cancellation fee in the amount of the total fee will be charged.
§5 Reimbursement of Fees by Third Parties
1. If the Client is entitled to reimbursement or partial reimbursement of the fees by third parties or believes to be entitled to it, Section 4 is not affected by this. The Heilpraktikerin for Psychotherapy cannot defer the fees or parts of the fees in anticipation of potential reimbursement.
2. In the context of economic advice according to Section 2 (2), if the Heilpraktikerin provides information to the Client about the reimbursement practices of third parties, such information is not binding. In particular, the usual reimbursement rates do not constitute agreed-upon fees within the meaning of Section 4 (1), and the scope of the services of the Heilpraktikerin for Psychotherapy according to Section 2 (2) is not limited to reimbursable services.
3. The Heilpraktikerin for Psychotherapy does not provide direct information to third parties regarding reimbursement matters. Information and necessary certificates are exclusively provided to the Client. Such services are subject to fees.
§6 Confidentiality of Treatment
1. The Heilpraktikerin for Psychotherapy treats Client data confidentially and provides information regarding the diagnosis, counseling, coaching, therapy, and personal matters of the Client only with explicit written consent from the Client. The written form requirement can be waived if the information is in the interest of the Client and it is assumed that the Client will agree.
2. Paragraph 1 is not applicable if the Heilpraktikerin for Psychotherapy is obligated to disclose data due to legal regulations – for example, reporting requirements for certain diagnoses – or if she is obliged to provide information by official or court order. This also applies to information provided to those with parental authority, but not for information provided to spouses, relatives, or family members. Paragraph 1 is also not applicable if, in connection with counseling, diagnosis, or therapy, personal attacks against her or her professional practice occur and she can defend herself with the use of accurate data or facts.
3. The Heilpraktikerin for Psychotherapy keeps records of her services (case file or electronic client file). The Client has the right to access the case file or electronic client file at any time; however, the Client cannot demand the handover of this case file. Paragraph 2 remains unaffected. The Client agrees to the electronic processing of their data.
4. For the sake of process quality, treatment sequences and progress may be discussed anonymously in supervision and intervision groups. Of course, participants in these collegial groups are also subject to confidentiality and may not disclose any information.
§7 Invoicing
Regarding the invoices received by the Client according to Section 4 (2), two alternative forms can generally be agreed upon:
1. For evidence or reimbursement purposes, the invoice may include the following information: the full name and address of the Heilpraktikerin for Psychotherapy, the full name and address of the Client, consecutive invoice number, date of issue of the invoice, specific diagnosis(es) according to ICD-10, time of service, type and scope of examination or treatment/counseling, amount of fee for the individual service, (total amount), if applicable, indication of tax exemption.
2. Upon request or by agreement, the Client can receive an invoice for submission to the tax authorities that does not contain a diagnosis, or a breakdown of the services used that could lead to a diagnosis being inferred.
§8 Termination
1. The contract can be terminated by both contracting parties at any time without notice.
2. The termination must be made in writing.
3. In order to adequately conclude the treatment process, anchor learned skills and resources, and keep the risk of potential relapses low, at least
three closing sessions should be conducted.
§9 Refund Requests
1. Upon exiting the contract, the Client has no right to demand a refund of paid fees (see Section 4).
2. Sessions that the Client unexcusedly does not attend remain subject to the fee invoice (see Section 4).
§10 Disagreements
Disagreements arising from the treatment contract and the GTC should be amicably resolved. For this purpose, it is recommended to initially present opposing views, differing opinions, or complaints orally and, if necessary, in writing.
§11 Severability Clause
If individual provisions of the treatment contract or GTC are or become invalid or void, this shall not affect the validity of the treatment contract as a whole. The invalid or void provision shall be replaced by a provision that comes closest to the purpose of the contract and the intentions of the parties, to the extent permitted by law.
Legal Venue: Berlin