General Terms and Conditions

Dental Practice Eversmile, Drs. Künzle in Hamburg

1. Scope of Application

1. These General Terms and Conditions (GTC) apply to all contractual relationships between the dental practice Eversmile, Drs. Künzle (hereinafter referred to as "Dentist"), and its patients, unless otherwise agreed.
2. Dentist within the meaning of these GTC also includes the group practice and all dentists working in the practice.
3. If the treatment contract is concluded with a person other than the patient, these provisions apply equally.

2. Legal Relationship

The legal relationship between the dentist and the patient is of a private nature. For patients with statutory health insurance, the regulations of contractual dental care also apply.

3. Dental Documentation and Data Protection

1. The dental documentation, including patient files, examination findings, X-rays, and other records, remains the property of the dentist.
2. Patients or their authorized representatives have the right to inspect the documentation and may request copies against reimbursement of costs. There is no entitlement to the release of original documents.
3. In exceptional cases, such as authorization of a lawyer, original documents may be temporarily provided, unless overriding interests of the dentist prevent this. Expenses incurred must be reimbursed before handover.
4. The collection, processing, and use of personal data are carried out in compliance with legal provisions, particularly data protection laws, medical confidentiality, and social privacy regulations.

4. Missed Appointment Fee

1. Agreed treatment appointments are binding. The time is reserved exclusively for the patient.
2. If the patient cannot attend an appointment, the practice must be informed at least 24 hours in advance.
3. In the case of late cancellation or no-show, the patient must pay an appropriate flat-rate compensation fee. This is currently €45.00 per 15 minutes.
4. The compensation fee is waived if the patient was prevented from timely cancellation or attendance through no fault of their own.
5. The patient is free to prove that no damage or lesser damage occurred.

5. Payment Terms

1. Before treatment begins, the patient will be informed of the expected costs, particularly co-payments and additional costs.
2. For private patients, the practice may request an advance payment of up to 100% of the expected material and laboratory costs.
3. Invoices are due for payment upon receipt.
4. The patient is in default at the latest 30 days after receipt of the invoice. From this point on, the outstanding amount will be charged interest at five percentage points above the base rate. An additional processing fee of €5.00 will be charged for each reminder.

6. Assignment Prohibition

The assignment of claims from the treatment relationship is only permitted with the prior written consent of the dental practice.

7. Limitation of Liability

1. The dentist is only liable for damages to personal items brought in, vehicles parked on the practice premises, and loss of money or valuables in cases of intent or gross negligence.
2. No liability is accepted for the patient's coat or other items left in the practice premises.

8. Consumer Dispute Resolution

1. The dental practice Eversmile, Drs. Künzle does not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of Sections 36 and 37 VSBG.
2. In the event of disputes arising from the treatment relationship, patients can contact the expert commission for dental liability matters at the Hamburg Dental Association. Further information can be obtained from the Hamburg Dental Association.

9. Final Provisions

Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

These GTC apply from January 1, 2025.