General Terms and Conditions of Business

Hegistai – Dr. phil. Claudia Rieck – Practice for Psychotherapy according to the Heilpraktikergesetz (law on alternative practitioners)

 

Dr. Claudia Rieck

Dernburgstraße 59

14057 Berlin

TEL 01727903248

info@hegistai.eu

 

In the following referred to as the contractor.

 

§1 Scope of application

(1) The following general terms and conditions of business regulate the treatment contract between the contractor and her clients in terms of paragraphs 611 ff BGB.

(2) the contract between the contractor and the client is concluded when a client accepts one of the offers for the purpose of consultation, diagnosis and/or treatment. By placing an order with the Contractor, the terms and conditions presented to you are deemed to be accepted. Changes to the order must be made in writing.

(3) The Contractor is entitled to refuse an order without stating reasons if the relationship of trust which is fundamental to the treatment cannot be expected, if she is not allowed to treat a Client for professional or legal reasons or if there are reasons which she cannot reconcile with her conscience. This also applies to the refusal of further treatment after it has already begun. The claims for the fee up to this point remain unaffected by this refusal.

 

§2 Content and purpose of the treatment contract

(1) the Contractor shall provide its services to the Client by using its knowledge and skills in the field of psychotherapy on the basis of the Heilpraktikergesetz (law on alternative practitioners). In doing so, the Contractor is entitled to use methods that correspond to the presumed will of the Client, unless the Client decides otherwise.

(2) The success that may be subjectively expected by the Client cannot be promised or guaranteed. The subject of the contract is the provision of a service, not the achievement of a concrete result.

(3) The Contractor shall explain to the Client in advance the methods she is likely to use and their scientific basis. This expressly includes methods not recognised by conventional medicine or academic science. It is up to the client to decide whether to commission the contractor to use this method.

(4) No physical illnesses are diagnosed and treated with the methods applied by the Contractor. Clients are encouraged not to interrupt or abandon medical treatment.

(5) As a non-medical practitioner for psychotherapy, the Contractor may not prescribe any sick leave or prescription medication.

 

§3 Cooperation of the client

The client is not obliged to actively participate, but the treatment is largely dependent on the client’s active cooperation. Therefore, the Contractor is entitled to postpone or cancel the treatment if the Client fails to cooperate.

§4 Fee

(1) The contractor is entitled to a fee for her services. The fees listed in the price list apply. Since treatment by a non-medical practitioner for psychotherapy is a health service, this service is VAT-exempt.

(2) The fee for the contractor can either be transferred in advance of the assignment or is to be paid in cash immediately after each appointment with the contractor against receipt or invoice.

(3) In the case of unused appointments that are not cancelled at least 24 hours before the agreed appointment, the Client undertakes to pay a 50% cancellation fee. In the event of unexcused absence from an agreed appointment, the Client shall owe the Contractor 100% of the cancellation fee. This regulation does not apply if the Client is not responsible for missing the appointment.

(4) As a result of force majeure, the Contractor has the right to postpone agreed dates. This also includes impediments to performance that have arisen due to illness, accident or similar events. In this case the Contractor shall inform the Client immediately and offer an alternative date.

(5) For treatments outside the Contractor’s premises, travel and, if applicable, overnight accommodation costs are contractually agreed in addition to the fee. For these costs a value added tax is due in deviation from the costs of the treatment.

(6) If the Client withdraws from the contract before the start of the treatment, the Contractor can demand an appropriate part of the agreed fee as well as the costs already incurred as compensation for expenses.

(7) The Contractor shall be granted the opportunity to adjust its prices – especially for long-term contractual services – at the beginning of a calendar year.

§5 Confidentiality

(1) The content of the discussions taking place during the treatment as well as the course of the exercises remain strictly confidential. Exceptions to this require the client’s written consent.

(2) An exception to §5.1 is the obligation to pass on data, for example as a result of criminal offences, for courts or authorities that can demand legally secured information.

(3) The contractor keeps records of its services. The Client may inspect these records at any time and demand their return.

§6 Liability

(1) The Contractor shall perform the agreed services to the best of his knowledge and belief on the basis of the applicable legal situation and the information provided by the Client.

(2) The Contractor shall be liable exclusively for the contractual services which have been contractually agreed and discussed with Client.

(3) Contractor shall only be liable for all activities in the event of gross negligence or intent. The Client shall be responsible for providing evidence.

(4) By using the website and purchasing products or services, Client agrees that Contractor is not responsible for the success or failure resulting from the use and application of the product or service.

 

§7 Rights of use

The documents worked on by the contractor are exclusively intended for the personal use of the client and require the contractor’s written permission for passing on, duplication or any other use. This usually results in an additional payment obligation. Publication – even in extracts – is prohibited and can be prosecuted.

 

§8 Disagreements

In the event of disagreement, the Parties undertake to conduct a mediation procedure with the aim of reaching an agreement which is fair and in accordance with the interests of the parties, with the assistance of a mediator, taking into account economic, legal, personal and social circumstances. Only after unsuccessful mediation can legal action be taken.

 

§9 Place of jurisdiction

The place of jurisdiction for all disputes in connection with existing contracts is the court responsible at the contractor’s registered office. The law of the Federal Republic of Germany shall apply.

 

§10 severability clause

Should individual provisions of the treatment contract or the General Terms and Conditions be or become invalid or void, the validity of the treatment contract as a whole shall not be affected. The invalid or void condition is rather to be replaced in free interpretation by a provision which comes closest to the purpose of the contract.

 

General Terms and Conditions of Business

Hegistai – Entwicklungsgesellschaft (Development company)

 

Dr. Claudia Rieck

Wildganssteig 109

13503 Berlin

TEL 01727903248

info@hegistai.eu

 

In the following  referred to as the contractor.

 

§1 Application of the general terms and conditions

(1)The above general terms and conditions of the Hegistai – Practice for Psychotherapy in accordance with the Heilpraktikergesetz apply for the Hegistai-Entwicklungsgesellschaft.

(2) Deviating from this, only the paragraphs formulated below apply.

 

§2 Delimitation

(1) The Hegistai – Entwicklungsgesellschaft offers coaching and consulting as a service. In contrast to psychotherapy, coaching is based on future-oriented and solution-oriented instruments.

(2) Psychotherapy, including the psychotherapy of the Hegistai – Practice, which is practised according to the Heilpraktikergesetz (law on alternative practitioners), is aimed at people who show symptoms or diagnoses of certain mental illnesses. The work there is mainly focused on the past in order to uncover and work on the causes lying there.

 

§3 Fee

Deviating from the fees for the Hegistai – Practice for Psychotherapy, all prices for the Hegistai – Entwicklungsgesellschaft are subject to VAT, as this is not a health care service.

 

Dr. Claudia Rieck

March 2019

Berlin