Valid from 31.03.2021
Applicability of the GTC
1. The GTC govern the business relationship between "BEWUSST BEWEGT - Physiotherapie für Hund und Pferd" as a practice for animal physiotherapy and acupuncture (owners: Theresa Leuschner, Maria Schindler) and the animal owner as a treatment contract within the meaning of §§ 611 ff BGB, unless otherwise agreed in writing between the contracting parties.
Treatment contract
2. The treatment contract is concluded when the animal owner accepts the general offer of the animal physiotherapist to provide physiotherapy and other advice and contacts the animal physiotherapist for the purpose of advice, diagnosis and therapy.
3. However, the animal physiotherapist is entitled to refuse a treatment contract without giving reasons, in particular if the necessary relationship of trust cannot be expected, the animal suffers from diseases that the animal physiotherapist cannot or may not treat due to his specialization or for legal reasons, or which may bring him into conflicts of conscience.
Content and purpose of the treatment contract
4. The animal physiotherapist shall provide his services to the patient/animal owner in such a way that he applies his knowledge and skills in the practice of physiotherapy & alternative veterinary medicine to diagnose and treat the patient.
5. The animal owner shall be free to decide on the diagnostic and therapeutic methods according to his sensitivities after having been fully informed by the animal physiotherapist about the applicable methods and their advantages and disadvantages from a professional and economic point of view. If the patient does not or cannot decide, the animal physiotherapist is authorized to apply the method that corresponds to the presumed will of the animal owner.
Treatment overview for animal owners
6. As in human physiotherapy, many forms of therapy and treatment used in animal physiotherapy have not been examined for their effectiveness based on evidence, even if they are recognized methods in practice. The same applies to animal acupuncture and other forms of alternative medical treatment offered by BEWUSST BEWEGT.
7. The animal physiotherapist, like any therapist or doctor, is not authorized to make a promise of cure at any time, as the course and effectiveness of the therapy may vary from individual to individual. The animal physiotherapist may not issue sick notes or prescribe prescription medication.
Involvement of the animal owner
8. The animal owner is not obliged to actively participate. However, the veterinary physiotherapist is entitled to terminate the treatment if the necessary relationship of trust no longer appears to exist, in particular if the animal owner negates the contents of the consultation, provides the necessary information on the medical history and diagnosis incorrectly or incompletely or thwarts therapeutic measures. The animal physiotherapist shall not be liable for injuries or other damage to the animal caused by the animal owner through participation in the therapy.
9. ATTENTION: In the event of problems such as severe trauma, severe lameness, suspected fracture, torn ligaments or tendons, severe, acute inflammation, infections, fever, phlegmon, consultation with a specialist veterinarian for horses or small animals is strongly recommended.
10. The animal physiotherapist does not guarantee that the therapy or training goal will be achieved. The therapy or training is tailored to the respective needs of the client and the possibilities of the animal according to its species, breed, age, gender and physical conditions.
11. The animal owner is advised that the training content and therapies taught by BEWUSST BEWEGT Physiotherapie can only achieve optimal success if they are consistently implemented outside of the lessons or therapy sessions. (See also point 12)
12. In order to achieve optimum treatment success, it is essential that the animal physiotherapy treatment sessions are carried out regularly and that the treatment recommendations are adhered to; in the case of animal physiotherapy treatments, the cooperation of the animal owner is required outside of the treatment sessions.
Honoring of the animal physiotherapist
13. The animal physiotherapist is entitled to a fee for his or her services. If the fees have not been individually agreed between the animal physiotherapist and the animal owner, the prices listed in the valid price list shall apply. The application of other fee scales or fee schedules is hereby excluded.
14. The fees are to be paid by the animal owner to the animal physiotherapist in cash on the day of treatment. Payment by direct bank transfer is possible by arrangement before the start of treatment. After a reminder procedure, only cash payment is possible.
15 In the event of failure to pay the fixed fee to the animal physiotherapist, this must be made up for no later than 14 days after the treatment date, otherwise a reminder fee of EUR 5.00 (plus treatment fees) will be charged. The animal physiotherapist undertakes to send only one reminder to the animal owner.
16. If payment is not made within the statutory period, the case will be handed over to a debt collection agency without further notice and the judicial dunning procedure will be used.
Travel costs
17. Travel costs are included up to 15 km around 13353 Berlin, each additional kilometer will be charged at 0.50 EUR.
Liability
18. the animal owner/authorized person is liable for all damage caused by him or the animal to persons, practice equipment and practice facilities, directly and in full.
Disclaimer
19. during any examination/treatment or handling of a horse, risks or damage to the animal, the practitioner, assistant or the environment may occur. In this regard, as well as for consequential damages, the practitioner expressly assumes no liability! A valid animal liability insurance is required for each treatment order by the owner.
Confidentiality of the treatment
20. The animal physiotherapist treats the patient data confidentially and only provides information regarding the diagnosis, consultations and therapy as well as the accompanying circumstances of the patient with the express written consent of the animal owner. The written form requirement may be waived if the information is provided in the interest of the animal owner and it can be assumed that the animal owner will consent.
Disagreements
21. Disagreements arising from the treatment contract and the GTC should be settled amicably. To this end, it is advisable to submit counter-arguments, differing opinions or complaints in writing to the other contracting party.
Appointments
22 Appointments are deemed to be contractually agreed if they have been confirmed by post, email, agreed messaging service or telephone by BEWUSST BEWEGT Physiotherapie.
23 For appointments canceled at short notice (less than 24 hours before the appointment) or appointments not attended, the pet owner will be charged a fee in the amount of the scheduled treatment time, as the appointment cannot usually be rescheduled at such short notice. An exception to this is the sudden, serious illness of the pet owner's pet or the pet owner himself. In case of doubt, this must be certified.
Salvatory clause
24 Should individual provisions of the treatment contract or the GTC be or become invalid or void, this shall not affect the validity of the treatment contract as a whole. The invalid or void provision shall rather be replaced by a provision in free interpretation which comes closest to the purpose of the contract and the will of the parties.
Theresa Leuschner
Maria Schindler