General terms and conditions of business
The treatment and service contract is implemented at the discretion of the animal physiotherapist/canine nutritionist, based on the needs of the animal being treated. Before treatment begins, an information session is held with the animal owner, in which the treatment method and its associated risks are explained in the specific case.
The animal physiotherapist/canine nutritionist provides his services to the patient by applying his knowledge and skills in the practice of animal physiotherapy/canine nutrition counseling to advise, diagnose and treat the patient.
The pet owner decides freely on the treatment or the content of the service to be provided according to his or her own sensitivities after being informed by the animal physiotherapist/canine nutritionist about the applicable methods and their advantages and disadvantages.
Applicability of the General Terms and Conditions
1) The General Terms and Conditions regulate the business relationship between Animal Physiotherapy & Nutritional Advice for Dogs - Pfötchenblicke, Bianca Cristella as animal physiotherapist and dog nutritionist and the pet 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 and/or dog nutritionist and contacts the animal physiotherapist/dog nutritionist for the purpose of consultation, diagnosis and therapy.
3) However, the animal physiotherapist/canine nutritionist is entitled to refuse a treatment contract without stating reasons, in particular if the necessary relationship of trust cannot be expected, if the condition concerns conditions that the animal physiotherapist/canine nutritionist cannot or may not treat due to their specialization or for legal reasons, or if these conditions could cause them a conflict of conscience. In this case, the animal physiotherapist/canine nutritionist's right to remuneration for services rendered up to the time of refusal, including consultations, remains unaffected.
Content and purpose of the treatment contract
4) The animal physiotherapist/dog nutritionist provides his services to the patient/owner by applying his knowledge and skills in the practice of animal physiotherapy and dog nutrition advice for the diagnosis and therapy of the patient.
5) The animal owner is free to decide on the diagnosis and treatment methods according to their own preferences, after being comprehensively informed by the animal physiotherapist/canine nutritionist about the applicable methods and their technical and economic advantages and disadvantages. If the patient does not decide or is unable to decide, the animal physiotherapist/canine nutritionist is authorized to use the method that corresponds to the presumed wishes of the animal owner.
6) As a rule, animal physiotherapists use methods that are not recognized by conventional medicine and do not correspond to the current state of scientific knowledge. These methods are generally not explicable in a functionally logical way and are therefore not goal-oriented. Therefore, a subjectively expected success of the method can neither be promised nor guaranteed.
7) The animal physiotherapist may not issue sick notes or prescribe prescription medication.
Cooperation of the animal owner
8) Before the start of and during the ongoing treatment, the animal owner must fully inform the animal physiotherapist/canine nutritionist about his animal’s illnesses (especially tumors) and declare that he has provided and is providing the information to the best of his knowledge and belief.
9) The animal owner is not obligated to actively participate. However, the animal physiotherapist/canine nutritionist is entitled to terminate treatment if the necessary relationship of trust no longer appears to exist, particularly if the animal owner negates the contents of the consultation, provides inaccurate or incomplete information regarding the medical history and diagnosis, or frustrates therapeutic measures. The animal physiotherapist/canine nutritionist is not liable for injuries or other damage to the animal caused by the animal owner's participation in the therapy.
10) Animals participating in group therapy must be insured, vaccinated, and free of contagious diseases. They must be kept on a leash during therapy.
11) The animal physiotherapist/canine nutritionist does not guarantee the achievement of the therapy or training goals. The therapy or training is tailored to the specific needs of the client and the capabilities of the animal, based on its species, breed, age, gender, and physical characteristics.
12) The pet owner is advised that the training content and therapies taught through paw gaze can only achieve optimal success if they are consistently implemented outside of the therapy session.
Remuneration of the animal physiotherapist/dog nutritionist
13) The animal physiotherapist/canine nutritionist is entitled to a fee for their services. Unless the fees are individually agreed upon between the animal physiotherapist/canine nutritionist and the pet owner, the rates listed in the applicable price lists or the fee regulations specified by Pfötchenblicke apply. The application of other fee regulations or fee schedules is hereby excluded.
14) The pet owner must pay the animal physiotherapist's fees in cash for each treatment day. Payment by invoice can only be arranged after consultation prior to the start of treatment. Upon completion of a treatment phase, the pet owner will receive an invoice upon request.
The fee for dog nutrition advice is due during the medical history interview.
After a dunning procedure, only cash payment is possible.
Appointment booking/Appointments
15) Appointments can be booked both by phone and independently via Cituro's online appointment booking system. When booking via the online appointment booking system, you agree to the storage of the data entered.
Appointments that the customer does not cancel at least 24 hours before the appointment will be invoiced to the customer and must be paid within one week of the invoice date.
16) The animal physiotherapist/canine nutritionist undertakes to send only one reminder, the reminder fee being €5.
17) If payment is not made within the statutory period, the matter will be handed over to a debt collection agency without further notice and judicial dunning proceedings will be initiated.
18) If the animal physiotherapist/dog nutritionist arranges for services from third parties that they do not professionally supervise (e.g., laboratory services), the animal physiotherapist/dog nutritionist is entitled to claim the amounts invoiced by the third party as their own fee components and to settle the estimated amount with the pet owner. These amounts must be shown separately on receipts and invoices. The animal physiotherapist/dog nutritionist will not accept reimbursements or other benefits from the third parties. However, the animal physiotherapist/dog nutritionist is entitled, subject to a corresponding agreement, to claim their own fees for the arrangement of accompanying services for the patient.
19) If the animal physiotherapist/dog nutritionist has services provided by third parties which he himself supervises (e.g. laboratory services), these services are part of the animal physiotherapist/dog nutritionist’s fees.
travel costs
20) For home visits, travel costs will be charged. The amount of travel costs per kilometer can be found in the current price list or agreed upon individually.
Fees
21) Fees are listed in the current price list and are considered binding.
Liability
22)
a) The animal physiotherapist/dog nutritionist is liable for damages – regardless of the legal basis – in cases of intent or gross negligence. In cases of simple negligence, the animal physiotherapist/dog nutritionist is only liable for damages resulting from injury to body, life, or health and for damages resulting from the breach of a material contractual obligation; in this case, however, liability is limited to compensation for foreseeable, typically occurring damages. The animal physiotherapist/dog nutritionist is not liable for damages caused by the animal owner or their animal. Likewise, the animal physiotherapist/dog nutritionist assumes no liability for the risks associated with the application of physiotherapy treatment, which will be comprehensively explained and expressly pointed out in the initial consultation before treatment begins.
b) The animal owner/authorised person is directly and fully liable for all damage to persons, practice equipment and practice furnishings caused by him or the animal.
Confidentiality of treatment
23)
a) The animal physiotherapist/canine nutritionist treats the animal owner/patient data confidentially.
b) Point a) shall not apply if personal attacks are made against him or his professional training in connection with the consultation, diagnosis or therapy and he can exonerate himself by using correct data or facts.
c) The animal physiotherapist maintains records of his or her services (a manual file). The animal owner is not entitled to inspect these manual files, nor may he or she request them.
d) If the pet owner requests a treatment record, the animal physiotherapist/dog nutritionist will prepare this from the manual file for a fee.
e) The treatment and/or training plan to be drawn up at the request of the animal owner is subject to a fee and will be given to the animal owner in original.
Disagreements
24) Disagreements arising from the treatment contract and the General Terms and Conditions should be settled amicably. For this purpose, it is recommended that any objections, dissenting opinions, or complaints be submitted in writing to the other contracting party.
Appointments / Home visits
25) Appointments are deemed to be contractually agreed upon when they have been confirmed by Pfötchenblicke by mail, fax, email or telephone.
26) Home visits may be delayed due to unforeseeable traffic disruptions or weather conditions. If the customer has provided their telephone number or mobile phone number, they will be informed of the delay immediately, if possible.
Severability clause
27) Should individual provisions of the treatment contract or the General Terms and Conditions be or become invalid or void, this shall not affect the validity of the treatment contract as a whole. Rather, the invalid or void provision shall be replaced, in a free interpretation, by a provision that most closely approximates the purpose of the contract and the parties' intention.
As of June 29, 2020