TERMS & CONDITIONS
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Enrico Fonte - Alternative practitioner for psychotherapy (§ 1 HeilprG - German law on alternative practitioners).
1. Scope of application of the general terms and conditions
1.1 These terms and conditions govern the business relationship between the Heilpraktiker für Psychotherapie and the patient, establishing a treatment contract. Any deviations from these terms must be agreed upon in writing.
1.2 The treatment contract is based on §§ 611 ff. of the German Civil Code (BGB). It is established when the patient accepts the general offer for psychotherapy services and seeks consultation, diagnosis, and treatment.
1.3 The Heilpraktiker für Psychotherapie reserves the right to reject the treatment contract if a relationship of trust cannot be established, if the treatment is beyond their area of expertise or restricted by law, or if ethical concerns arise. In such cases, the Heilpraktiker’s fee for services already provided remains valid.
1.4 The services are aimed at adults and couples. In the case of coaching, services are also offered to companies, public institutions, and associations. Clients are encouraged to carefully review the general terms and conditions before booking.
4.6 The services provided do not include the diagnosis of physical illnesses, and no medical treatments are offered. Clients should not interrupt or discontinue any existing medical treatments without first consulting a licensed healthcare provider.
2. Content and purpose of the treatment contract
2.1 The Heilpraktiker für Psychotherapie provides services based on their knowledge and expertise in psychotherapy, including education, consultation, diagnosis, and treatment.
2.2 Before treatment begins, the Heilpraktiker informs the patient about the potential benefits, risks, and alternatives of the therapeutic methods. The patient decides which methods to use. If the patient cannot decide, the Heilpraktiker will apply a method that corresponds to the presumed will of the patient.
2.3 The Heilpraktiker often uses non-conventional therapeutic methods that may not be scientifically recognized. Therefore, no treatment success can be guaranteed. If the patient prefers scientifically validated methods, they must inform the Heilpraktiker beforehand.
2.4 The Heilpraktiker is not authorized to issue sick notes or prescribe medication. The patient is informed that the information on the website cannot be used for self-diagnosis or self-treatment.
3. Patient Cooperation
3.1 The patient is not legally required to cooperate in the treatment. However, failure to provide essential information may hinder the therapeutic process. In such cases, the Heilpraktiker has the right to discontinue treatment if the therapeutic relationship cannot be adequately established.
4. Remuneration of the Alternative Practitioner for Psychotherapy
4.1 Right to Compensation
The Heilpraktiker is entitled to charge fees for services rendered. The price list is available at www.bodymindtherapy.de. Fees for patients with private insurance are based on the Gebührenverzeichnis für Heilpraktiker (GebüH) and are agreed upon individually, depending on the services provided.
4.2 Payment of Fees
Fees are to be paid in advance through the online booking system. Upon payment, the patient will receive an invoice via Email.
4.3 Special Conditions for Trainings and Workshops
For training or workshop bookings, specific terms and conditions apply. See Terms & Conditions for Massage Courses.
4.4 Scope of Services (Non-medical Services)
The services offered do not include the diagnosis of physical illnesses, and no medical treatments are provided. Patients should not interrupt or discontinue any ongoing medical treatments without first consulting a licensed physician.
5. Cancellation Policy
5.1 Waiver of the 14-Day Withdrawal Right
By booking an appointment online, the patient agrees to waive their 14-day right of withdrawal in accordance with § 356 Abs. 4 BGB, as the service begins within this period. During the booking process, the patient must confirm this waiver by actively checking a box with the following statement: “I agree to waive the 14-day withdrawal period in accordance with § 356(4) BGB and accept the 48-hour cancellation policy.”
5.2 Cancellations
Cancellations can be made up to 48 hours before the appointment and the fee will be fully refunded. If cancellation occurs less than 48 hours before the appointment, the full fee will be retained as a cancellation fee.
6. Reimbursement by Third Parties
6.1 If the patient seeks reimbursement from a private health insurer, the contractual obligation to pay the fees remains unaffected. The Heilpraktiker does not handle direct billing with insurers, and patients are responsible for pursuing reimbursement.
6.2 If information is needed for insurance reimbursement, the Heilpraktiker will provide certificates for a fee. No direct correspondence with third parties will take place.
7. Confidentiality
7.1 The Heilpraktiker is obligated to maintain confidentiality regarding patient information, diagnoses, treatments, and personal circumstances. Disclosure of patient data requires written consent, except in cases where legal obligations necessitate disclosure (e.g., court orders).
7.2 Confidentiality does not apply in cases involving legal guardians (e.g., parents of minors) or when the Heilpraktiker needs to defend against personal or professional attacks.
7.3 The Heilpraktiker keeps written records of treatments. Patients do not have the right to access these notes, but they may request summaries of treatment for a fee.
7.4 Records will be stored for a minimum of 10 years following the completion of treatment, in compliance with legal requirements.
8. Liability
8.1 The Heilpraktiker für Psychotherapie does not assume liability for treatment outcomes. Liability is limited to cases of gross negligence or intent as permitted by German law.
8.2 The patient is obligated to inform the Heilpraktiker of any health conditions that could impact treatment. Failure to provide accurate information may limit the Heilpraktiker’s liability.
9. Jurisdiction and Governing Law
9.1 German law applies to all aspects of the contractual relationship. The place of performance and jurisdiction for all disputes is the registered office of the Heilpraktiker.
10. Severability Clause
10.1 If any provision of these terms is found to be invalid, the validity of the remaining terms will not be affected. The invalid provision will be replaced by a valid one that closely approximates the original intent.
11. Vouchers and Gift Certificates
11.1 Vouchers are non-refundable and must be redeemed within the validity period. Vouchers cannot be exchanged for cash, nor can they be returned for a refund.
11.2 If the purchase amount exceeds the value of the voucher, the remaining balance must be paid using cash, debit card, or credit card.
11.3 Vouchers cannot be replaced in the event of loss or theft. The responsibility for safeguarding the voucher lies with the holder.
11.4 Enrico Fonte reserves the right to cancel any voucher if deemed necessary. In such cases, a replacement voucher of equal value may be issued, provided there is no suspicion of fraud. The voucher remains the property of Enrico Fonte until fully redeemed.
12. Coaching and Massage
12.1 These general terms and conditions also apply to all other services offered by the practice, such as coaching and massage, which are not part of the therapy regulated by the Heilpraktikergesetz.
12.2 The masseur offers massage services within their professional competence. Prior to each massage, an individual consultation (anamnesis) is conducted to identify any potential risks or contraindications. The massage is customized to the client’s needs and preferences.
12.3 The masseur assumes no liability for health issues resulting from failure to disclose medical conditions, contraindications, or risks. It is the client’s responsibility to inform the masseur of any health problems or concerns before the massage.
13. Subletting of the Practice
13.1 The Heilpraktiker assumes no liability for damages caused by subtenants or guests. Each subtenant is responsible for the proper use of the practice.