Standard Contract Terms and Conditions (T&Cs)

Standard Contract Terms and Conditions (T&Cs) for outpatient examination services for radprax MVZ GmbH – Airport City – Peter-Müller-Straße 20, 40468 Düsseldorf/Germany

Section 1 Applicable Scope
Unless agreed otherwise, the T&Cs apply to the contractual relationships between radprax Vorsorgeinstitut GmbH, - Airport City – Peter-Müller-Straße 20, 40468 Düsseldorf/Germany and patients for outpatient examination services.

Section 2 Legal Relationship
The legal relationships between radprax and the patient are governed by private law. German law applies exclusively.

Section 3 Scope of Services
(1) The contractual services offered by radprax only extend to those services for which radprax is properly staffed and equipped to meet its medical objectives.

(2) The services offered by radprax are non-binding. An agreement to render medical examination services is only constituted based on the patient's offer and the written confirmation by radprax. A treatment agreement is also constituted when radprax begins rendering medical examination services with the patient's consent.

Section 4 Remuneration

(1) The medical services rendered by radprax are remunerated based on a separately concluded remuneration agreement.
(2) If a separate remuneration agreement is not concluded, radprax will invoice the rendered services for self-payer patients pursuant to the German Fee Ordinance for Medical Doctors (Gebührenordnung für Ärzte - GOÄ) in the respectively applicable version.

Section 5 Remuneration Invoicing

(1) An invoice is created following treatment. The invoice amount is due upon receipt by the patient or a different invoice recipient.

(2) radprax reserves the right to retroactively invoice services not included in the final invoice and to correct errors.

(3) Upon payment default, default interest of 5 percentage points above the base interest rate per year (Section 288 para. 1 German Civil Code - Bürgerliches Gesetzbuch - BGB) can be invoiced; dunning fees of EUR 150,00 can also be invoiced unless the patient demonstrates that no, or only immaterial damages were incurred.

(4) Offsetting with disputed or not legally established claims is excluded.

(5) Before rendering medical services to patients who do not reside domestically, radprax can demand an appropriate advance payment for the expected remuneration claims. An advance of 50% of the expected remuneration claim is generally considered appropriate.     Alternatively to this, radprax can also demand posting of collateral in the form of a credit cost guarantee for the expected remuneration claim. radprax can decline to render the medical services if the advance payment is not provided or the collateral is not posted.

Section 6 Cancellation

The radprax practice is operated based on a reservation system. This means that the time agreed for rendering the medical services is reserved for the patient, and the patient is as a result generally spared the otherwise typical waiting periods. This system requires the patient to cancel any scheduled appointment he is unable to meet no later than 48 hours in advance, so radprax can reassign the appointment reserved for the patient. This agreement not only avoids waiting times in the organizational sense, but also constitutes a mutual contractual obligation. As a result, the patient incurs an acceptance default upon accepting the medical service if he fails to cancel and appear for the appointment when scheduled. In this case, radprax is entitled pursuant to Section 615 German Civil Code (Bürgerliches Gesetzbuch - BGB) to demand the remuneration pursuant to Section 4, without being required to render services retroactively. However, radprax must give credit for amounts radprax saves by not rendering medical services, or for amounts earned by employing its medical services otherwise, or for amounts willfully not earned.

Section 7 Records and Data

(1) Medical histories, in particular patient sheets, examination results, x-ray images, and other records are the property of radprax.

(2) Patients are generally not entitled to demand surrender of patient records. Deviating statutory regulations are not affected by this.

(3) The patient's rights or those of a person authorized by the patient to review the records, to obtain copies at its expense, even in the form of electronic copies, and the treating physician's duty to supply information, remain unaffected by this.

(4) Data processing, including forwarding of the latter, is accomplished in compliance with statutory regulations, in particular with privacy regulations, doctor-patient confidentiality, and social data confidentiality.

Section 8 House Rules

The patient is required to observe the house rules issued by radprax.

Section 9 Personal Property Brought into the Practice

(1) Only essential clothing and personal goods should be brought into radprax offices.

(2) radprax recommends that patients store money and valuables in the lockbox.

(3) Items left behind become the property of radprax if these are not picked up within 12 weeks following a request. Items left behind are shipped to patients at their own expense and risk.

Section 10 Liability Disclaimer

(1) radprax is only liable for the loss or damage of personal property brought into the practice or for patient vehicles parked in the underground garage for cases involving intent or gross negligence; the same applies to the loss of money and valuables not stored in the lockbox.

(2) Liability claims for loss or damage of money and valuables stored in the lockbox must be asserted in writing within a period of 3 months after the loss or damage becomes known.

Section 11 Payment Location

The patient must meet its payment obligations in Düsseldorf at its own risk and expense.

Section 12 Effective Date

These T&Cs go into effect on July 1, 2015.