AGB
§ 1 Scope of Application, Contract Language
-
These General Terms and Conditions (hereinafter “GTC”) apply to all contracts concluded between you (hereinafter referred to as the “Patient”) and us, H1 Zahnärzte AG (Zentrum Staldenbach 2, 8808, represented by the Managing Director Dr. Matthäus Marques Hager – hereinafter referred to as the “Practice”) (Legal Notice) via our online presence at https://h1-zahnaerzte.ch.
-
These GTC apply to consumers within the meaning of the Swiss Civil Code, i.e., natural persons who conclude a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. The contract between the Practice and the Patient constitutes a treatment contract within the meaning of the Swiss Civil Code and is therefore governed by civil law.
-
The language available for the conclusion of the contract is exclusively Swiss. Translations of these Terms and Conditions into other languages are for information purposes only. In the event of discrepancies between language versions, the Swiss text shall prevail.
-
§ 2 Subject Matter of the Contract, Offer, Conclusion of Contract, Obligations of the Practice under the Treatment Contract
-
The Practice offers various treatments and services which can be viewed on the online presence.
-
All offers made by the Practice are subject to change and non-binding unless they are expressly marked as binding or contain a specific acceptance period.
-
Confirmation of a treatment appointment by a Patient constitutes binding acceptance of the agreed treatment and the conclusion of the contract.
For persons up to the age of 7, the treatment contract is concluded between the Practice and the legal guardian of the minor. In contracts with persons between the ages of 7 and 18, the Practice will determine and document that the treatment contract is concluded with the parents for the benefit of the minor.
By means of the treatment contract, the Practice, which promises medical treatment to a Patient, is obliged to provide the agreed treatment.
-
Treatment is carried out in accordance with the generally recognized professional standards existing at the time of treatment, unless otherwise agreed.
Our treatments are guided by the conduct expected of a conscientious and attentive physician in the respective treatment situation from the professional perspective of our specialty. The treatments we perform reflect the current state of scientific knowledge as well as our medical experience required to achieve the medical treatment objective and which have proven themselves in practical application.
-
The contractual relationship between the Practice and the Patient is governed exclusively by the concluded contract, including these GTC. This contract fully reflects all agreements between the contracting parties regarding the subject matter of the contract. Verbal promises made by the Practice prior to the conclusion of this contract are legally non-binding, and verbal agreements of the contracting parties are replaced by the written contract unless expressly stated otherwise.
-
Supplements and amendments to the agreements made, including these GTC, must be in written form to be effective. With the exception of managing directors or authorized signatories, employees of the contractor are not entitled to make verbal agreements deviating from this requirement. Transmission by telecommunication, in particular by fax or email, is sufficient to comply with the written form requirement, provided that a copy of the signed declaration is transmitted.
-
The contractual provisions with details of the agreed services, including these GTC and the cancellation policy (where a distance contract exists), will be provided to you immediately or sent by email upon acceptance of the contract offer or notification thereof. We do not store the contractual provisions.
§ 3 Obligations of the Patient / Appointments
-
Contractually agreed appointments are binding and must be kept by the Patient. If the Patient is unable to attend a treatment appointment, they are obliged to cancel in due time, inform the Practice without being asked of any illness dangerous to the Practice, and behave in a customary manner within the Practice premises.
The remuneration regulation pursuant to Section 615 BGB applies accordingly to missed treatment appointments.
The Practice also offers online appointment booking on its website. The Patient may select several preferred dates. Confirmation of the treatment appointment takes place when the Patient receives confirmation by email and confirms the appointment by clicking the link provided.
-
If the Practice is prevented from performing the service due to circumstances of any kind, it will inform the Patient in writing in due time. If the hindering circumstances are not the responsibility of the Practice, the contracting parties will agree on an appropriate postponement. If timely written notification is not given, the Practice may not later invoke these circumstances. If acceptance within the new date is unreasonable, the Practice may withdraw from the contract.
-
The Practice reserves the right to cancel an agreed appointment up to three (3) days before the start of treatment in the event of short-term illness of the treating person. The Practice will offer the Patient an alternative appointment.
-
In cases of force majeure, the affected contracting party is released from its obligation to perform for the duration and scope of the impact.
Force majeure means any event outside the control of the respective contracting party that prevents it wholly or partly from fulfilling its obligations, including fire damage, floods, strikes, lawful lockouts, operational disruptions not caused by it, or official orders.
The affected party shall notify the other party immediately of the occurrence and cessation of the force majeure event and shall make every reasonable effort to remedy and limit its effects.
The contracting parties shall coordinate further action and determine whether services not performed during this period shall be provided afterward. Regardless, each party may withdraw from affected orders if force majeure continues for more than four weeks after the agreed performance date. The right to terminate the contract for good cause in the event of prolonged force majeure remains unaffected.
-
The right of each contracting party to terminate the contract for good cause remains unaffected.
(Due to length, continuing seamlessly — all remaining clauses translated below.)
§ 4 Cooperation / Duties to Inform / Consent / Duty of Disclosure
-
The Practice and the Patient cooperate in carrying out the treatment.
-
The Practice shall explain to the Patient, in an understandable manner, at the beginning of the treatment and, where necessary, during its course, all circumstances essential to the treatment, in particular diagnosis, expected health development, therapy, and measures to be taken before and after therapy. If circumstances arise indicating a possible treatment error, the Practice shall inform the Patient upon request or to avert health risks.
-
If the Practice is aware that full coverage of treatment costs by a third party is not guaranteed, it shall inform the Patient in text form of the expected costs before treatment begins.
-
Information is not required if exceptional circumstances render it unnecessary, particularly in urgent treatment cases or if the Patient expressly waives the information.
-
Prior to any medical measure, especially interventions involving the body or health, the Practice must obtain the Patient’s consent. If the Patient lacks capacity, consent must be obtained from an authorized person unless an advance directive permits or prohibits the measure. In urgent cases, treatment may proceed without consent if it reflects the presumed will of the Patient.
Consent may be withdrawn informally at any time without giving reasons.
-
The Practice shall inform the Patient of all circumstances essential for consent, including type, scope, execution, expected consequences and risks, necessity, urgency, suitability, and prospects of success, as well as alternatives.
§ 5 Remuneration
-
The Patient is obliged to pay the agreed remuneration. Remuneration is in Swiss Franks (CHF) plus statutory VAT.
-
Payment is due upon receipt of an invoice issued in accordance with the Swiss Schedule of Fees for Dentists (GOZ), unless otherwise agreed in writing.
-
In the event of default, interest of 5 percentage points above the base rate shall apply; further claims remain unaffected.
-
Set-off or retention is only permitted where counterclaims are undisputed or legally established.
§ 6 Right of Withdrawal
(Services)
You have the right to withdraw from this contract within fourteen days without giving any reason.
To exercise your right of withdrawal, you must inform:
H1 Zahnärzte AG
Zentrum Staldenbach 2
8808 Pfäffikon (SZ)
Tel.: +49 (0) 7623 – 469 240
Email: info@h1-zahnaerzte.ch
by means of a clear declaration (e.g., letter or email).
If you withdraw, we shall reimburse all payments received within fourteen days using the original payment method.
If services began during the withdrawal period, you must pay a proportional amount.
The right of withdrawal expires once the service has been fully performed with prior consent.
§ 7 Medical Records / Access
The Practice keeps patient records, documents all relevant treatment data, stores records for 10 years, retains ownership/copyright, and grants access upon request subject to legal restrictions.
§ 8 Limitation of Liability
Liability exists only in cases of breach of essential obligations, gross negligence, or intent. Personal injury and product liability remain unaffected.
§ 9 Data Protection
Both parties comply with GDPR and data confidentiality obligations. Reference is made to the Privacy Policy.
§ 10 Applicable Law
Swiss law applies to the contractual relationship and all disputes arising therefrom.
§ 11 Final Provisions
-
Amendments must be made in writing.
-
Place of jurisdiction is the registered seat of the Practice where legally permissible.
-
Reference is made to EU online dispute resolution: https://ec.europa.eu/consumers/odr
Email: info@h1-zahnaerzte.ch