General Terms and Conditions of MyoEnergetik GmbH

Status: 01.12.2024

1. Scope of application

1.1. These General Terms and Conditions (hereinafter "GTC") apply to the entire business area of Myoenergetik GmbH, Haldenstrasse 4, 6006 Lucerne ("Contractor").

 

1.2 The Contractor's business area includes in particular the provision of services in the field of Myoenergetik® massage treatments, massage treatments and psychological services in accordance with the agreement between the parties.

 

1. Subject matter of the contract

2.1 Subject matter of the GTC

These GTC govern the legal relationship between the Contractor and the natural persons who utilise the services offered ("Client").

 

2.2 Scope of services

The scope of services includes the services specified in the booking or in an offer. In particular, the Contractor offers treatments and counselling that may be partially covered by health and/or accident insurance, provided that the legal requirements are met.

 

2.3 Assumption of costs by insurance companies

The client is informed that

• costs may be covered by health or accident insurance companies if the service provided meets the legal requirements and guidelines of the respective insurance company;
• before utilising the services, the client must clarify on her own responsibility whether and to what extent her insurance will cover the costs;
• upon request, the Contractor shall prepare invoices that meet the requirements for submission to the insurance company.

 

2.4 Responsibility for payment

Irrespective of whether costs can be covered by insurance, the Client shall remain obliged to pay for the agreed services in full. The Contractor assumes no guarantee for reimbursement by insurance companies.

 

2.5 Changes to services

Changes to the agreed scope of services resulting from medical or organisational reasons are possible and, if necessary, will be agreed separately with the client. Such changes may lead to an adjustment of the fee.

 

2.6 Primacy of the duty of care

The Contractor shall provide the services to the best of its knowledge and belief and in accordance with medical and ethical standards. Careful execution is always prioritised over the requirements of cost coverage by insurance companies.

 

1. Conclusion of contract

3.1 Conclusion of the contract

A contract between the Contractor and the Client is concluded as soon as

• the Client books an appointment by telephone, in writing, in person or online and the Contractor confirms this;
• the client expressly or tacitly accepts a written offer from the contractor (e.g. by attending the appointment);
• the Client utilises a service.

 

3.2 Special notes on the conclusion of the contract

The Client is advised that

• the services offered by the Contractor do not replace medical treatment and have a supplementary or preventive effect;
• the Contractor makes no promises of cure;
• medical advice should be sought in advance for certain treatments (e.g. pregnancy massages) if there is any doubt as to their health safety.

 

3.3 Responsibility of the client

The Client is obliged to inform the Contractor of any health restrictions, allergies, existing pregnancies or other relevant circumstances before the start of the service. If the Client fails to provide this information, the Contractor shall not be liable for any consequential damages.

 

3.4 Contractual commitment

An appointment booking is binding. Cancellations or postponements must be made in good time in accordance with the provisions in Section 6. Otherwise, the Contractor reserves the right to charge the full amount for the booked service.

 

3.5 Approval of costs by insurance companies

A contract is concluded irrespective of whether and to what extent costs can be covered by health or accident insurance. In any case, the client remains obliged to pay for the services booked.

 

1. Obligations of the parties

4.1 Obligations of the Contractor

4.1.1 The Contractor undertakes to provide the agreed services with due care and to the best of its knowledge and belief.

 

4.1.2 The Contractor shall offer its services within the scope of its qualifications and shall ensure that all treatments and consultations are carried out in accordance with recognised methods and ethical standards.

 

4.1.3 The Contractor makes no promises of cure and assumes no guarantee for the success of a treatment.

 

4.1.4 The Contractor reserves the right to refuse treatment if there are doubts as to its feasibility for medical, ethical or other reasons.

 

4.1.5 The Contractor is entitled to call in suitable auxiliary persons or external specialists to fulfil the contract, provided this is reasonable for the Client.

 

4.2 Obligations of the Client

4.2.1. The Client is obliged to provide the Contractor with all relevant information on her state of health truthfully and completely before the start of treatment or counselling. This includes in particular

• existing illnesses,
• health restrictions,
• allergies,
• chronic complaints,
• injuries,
• pregnancies or
• the intake of medication.

 

4.2.2 This obligation to provide information serves to ensure the safety and effectiveness of the agreed services. If the Client fails to provide this information or provides incorrect information, the Contractor shall not be liable for any resulting damage or impairment.

 

4.2.3 The client is obliged to inform the contractor immediately of any changes in their state of health, especially if these changes are relevant to the planned services.

 

4.2.4 The Client is advised that the Contractor's services are not a substitute for medical treatment. In the event of existing health complaints, the client should seek medical advice before utilising the services.

 

4.2.5 The client must ensure that she arrives punctually for the agreed appointments. Delays may result in the treatment time being shortened accordingly without the price being adjusted.

 

4.2.6 The client is obliged to pay all agreed fees in accordance with the provisions of clause 5, irrespective of whether and to what extent insurance covers the costs.

 

4.2.7 If unexpected reactions (e.g. skin irritation, discomfort) occur during or after the treatment, the client is obliged to inform the contractor immediately.

 

1. Prices, invoicing and reimbursement of expenses

5.1 Prices and fees

The prices for the services offered can be viewed on the Contractor's website or on site. Unless otherwise agreed, all prices are quoted in Swiss francs (CHF) and are exempt from VAT to the extent permitted by law. The Contractor reserves the right to change the services or prices offered at any time. Changes will be announced to the Client in an appropriate manner (e.g. by notice board or on the website) and shall apply to all future bookings.

 

5.2 Coverage by health or accident insurances

If the services provided can be covered by health or accident insurance, the Client is obliged to inform the Contractor of this before the services are provided. The Contractor shall issue the Client with an invoice containing the necessary information suitable for submission to the health or accident insurance company.

 

5.3 Responsibility for payment

Irrespective of whether the costs are covered by health or accident insurance, the Client shall remain responsible for payment of the invoice. The Contractor assumes no guarantee for the assumption of costs by insurance companies.

 

5.4 Additional expenses

Additional expenses, such as costs for supplementary materials or special applications, will be invoiced separately and are not included in the regular prices, unless expressly agreed otherwise.

 

5.5 Fees for changes to services

If, during the provision of the service, there are changes to the service that are in the interests of the client (e.g. adaptation of the treatment method), a correspondingly adjusted fee may be charged.

 

1. Payment and default

6.1 Terms of payment

Unless otherwise agreed, payment shall be made in cash, by EC or credit card or on account immediately after the service has been provided. In the case of invoicing via health or accident insurance, the client remains obliged to pay in advance until a cost approval has been received.

 

6.2 Payment deadline

The Contractor's invoices shall be paid within 10 days of the invoice date.

 

6.3 Default

If the client fails to pay an invoice on time, it shall automatically be in default without any further reminder. From the time of default, default interest of 5% p.a. is owed.

 

6.4 No influence on insurance claims

A delay in payment or a refusal to cover costs by an insurance company has no influence on the payment deadline and the obligation to settle the invoice by the client.

 

 

6.5 Unexcused absence

If an agreed appointment is not attended by the Client and is not cancelled in good time (in accordance with Section 6.6), the Contractor shall be entitled to charge the full fee for the agreed service.

 

6.6 Cancellation conditions

Cancellation or postponement of the appointment must be made at least 24 hours before the agreed time. If the cancellation is not made in good time, the fee for the agreed service shall be due in full, irrespective of the fault of the client.

 

6.7 Late arrival

If the client is late for the agreed appointment, the duration of the service shall be shortened accordingly so as not to affect subsequent appointments. The fee shall remain due in full. An extension of the treatment time is only possible if the contractor's schedule permits this and will be charged accordingly.

 

1. Complaints and liability

7.1 The Contractor shall perform the agreed services with due care and to the best of its knowledge and belief. No specific success is expressly owed.

 

7.2 Complaints regarding the services provided must be reported in writing immediately, but no later than three working days after the service has been provided.

 

7.3 Exclusion of liability

The Contractor shall only be liable for damages caused by grossly negligent or wilful behaviour. Any further liability, in particular for indirect damage, consequential damage or slight negligence, is excluded to the extent permitted by law.

 

7.3 No guarantee of success

The Contractor does not guarantee any particular success of the treatment, as the effectiveness of massages, therapeutic treatments and psychological services depends on individual factors.

 

7.4 Personal responsibility of the client

The client is responsible for consulting a doctor in advance if there are any doubts about the health safety of a treatment.

 

7.5 Damages due to incomplete information

The Contractor shall not be liable for damages resulting from incomplete or incorrect information provided by the Client regarding their state of health.

 

7.6 Unforeseeable reactions

The contractor assumes no liability for unforeseeable physical or psychological reactions to the treatments carried out, unless these are due to gross negligence or intent.

 

1. Data protection

8.1 General provisions

The Contractor undertakes to protect the Client's personal data, in particular health data, in accordance with the provisions of the Swiss Data Protection Act (DPA) and all other applicable data protection regulations;

 

8.2 Processing of personal data

The Contractor shall collect, store and process the Client's personal data only to the extent that this is necessary for the fulfilment of the contractually agreed services. This includes in particular:

• Contact details (e.g. name, address, telephone number, email address)
• Health data required for the provision of the agreed services (e.g. information on allergies, pregnancy, medical complaints).

 

8.3 Particularly sensitive data

Health data is considered particularly sensitive personal data under the FADP. Such data will only be processed with the express consent of the client. This consent may be revoked in writing at any time. However, a revocation may affect the provision of the services;

 

8.4 Purpose of data processing

The data collected is used exclusively for the following purposes:

• Planning, execution and invoicing of the agreed services
• Contact in the event of queries or to clarify appointment matters
• Fulfilment of statutory retention obligations (e.g. retention of invoice data in accordance with the provisions of the Swiss Code of Obligations).

 

8.5 Data transfer

The Contractor shall not disclose the Client's personal data to third parties unless:

• This is necessary for the fulfilment of the contract (e.g. cooperation with external specialists at the Client's request).
• The Contractor is legally obliged to do so (e.g. by order of authorities or courts).

 

8.6 Storage period

Personal data will only be stored for as long as is necessary to fulfil the purpose of the contract and statutory retention obligations. After that, the data is securely deleted or anonymised;

 

8.7 Rights of the client

The Client shall have the right at any time:

• to request information about the data stored by the Contractor
• to request the correction of incorrect or incomplete data
• To request the deletion of their data, provided that there are no legal or contractual retention obligations to the contrary
• Restrict the processing of their data
• To lodge a complaint with a data protection authority if they believe that their data protection rights have been violated.

 

8.8 Data security

The Contractor shall take appropriate technical and organisational measures to ensure the security of personal data and to protect it from unauthorised access, loss, misuse or destruction;

 

8.9 Consent to data processing

By using the services and agreeing to these GTC, the client expressly consents to the processing of their personal data in accordance with the above provisions;

 

8.10. Contact for data protection questions

Questions about data protection or enquiries regarding the rights under section 8.7 can be directed to the following contact address:

MyoEnergetik GmbH

Haldenstrasse 4CH-6006 LucerneSwitzerland

+41 79 555 89 89

DmdgaGFOY3dha2BrfGlremdlIG1m@nospam

 

1. Amendments

Subsequent amendments or additions to these GTC shall become part of the contract if the client does not object to the amended terms and conditions within 30 days of becoming aware of them.

 

1. Severability clause

Should any provision of this contract be invalid, this shall not affect the validity of the remainder of the contract.

 

1. Place of jurisdiction and applicable law

11.1 These GTC are subject to Swiss law.

 

11.2 The exclusive place of jurisdiction is the registered office of the Contractor.

 

01.12.2024, Version 1