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Terms & Conditions

Conditions of the CBT - Centre for Blood Coagulation Disorders and Transfusion Medicine for the performance of outpatient corona tests

The CBT - Centre for Blood Coagulation Disorders and Transfusion Medicine, PD Dr. med. Johannes Kruppenbacher, Propsthof 3, 53121 Bonn ("CBT") with several locations offers medical services with the following treatment focuses: Thrombosis events and prevention, heart attacks, strokes, pulmonary embolism, fertility and general laboratory medical services (contract and private). The range of services also includes making appointments and carrying out corona tests.
The range of services is aimed exclusively at consumers of full age and unlimited legal capacity within the meaning of § 13 BGB (German Civil Code) and entrepreneurs within the meaning of § 14 BGB ("customer").

1 Scope, definitions

1.1 The following terms and conditions ("GTC") contain the basic rules for the arrangement of appointments as well as the performance of Corona Tests and apply from their inclusion to the corresponding appointment booking by the Client and the performance of the Corona Test. Deviating contractual terms and conditions of the customer shall not be recognised unless CBT expressly agrees to their validity in writing.

1.2 By booking an appointment via CBT's web portal, currently accessible at pcr-corona.de ("Portal"), a contract regarding the performance of a Corona Test is concluded exclusively between the customer and CBT. By checking the box to be activated during the order process, the customer expressly agrees to these General Terms and Conditions. Without confirming the active checkboxes on the portal, the customer cannot book an appointment for the performance of a Corona Test.

1.3 The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural person, legal entity or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or self-employed professional activity.

2 Requirements and services for the execution of the contract

2.1 CBT offers the booking of appointments for the performance of a Corona Test via the Portal. By making an appointment, the Customer is entitled to have a Corona Test conducted at the date and time selected by the Customer at the CBT location selected by the Customer.

2.2 CBT is entitled to refuse to conclude contracts with end customers at any time for any reason whatsoever. In principle, the customer has no claim to the booking of one or more appointments. The booking of appointments is permitted to natural persons or legal entities, natural persons, however, only if they have full legal capacity. CBT points out an age restriction for participation in a Corona Test during the ordering process. CBT reserves the right to request proof of unrestricted legal capacity at any time.

2.3 When making a booking, the customer is obliged to provide truthful and correct information as part of the booking process. A successful booking is only possible if the mandatory fields are filled in completely. If the details provided change after the order has been placed, the customer is obliged to notify CBT of the changes without delay. The customer is entitled to book appointments for third parties under his name. CBT is entitled to verify the customer's registered details by taking appropriate measures and to reject a booking which is not complete and/or truthful.

3 Conclusion of contract

3.1 The Client may choose between various dates marked as available on the Portal for the performance of Corona Tests and book an appointment according to his individual needs.

3.2 The free dates etc. offered in each case do not constitute a binding offer, but only serve the customer to make a binding offer to CBT. The customer makes a legally binding contractual offer by placing the appointment selected by him in the virtual shopping basket, going through the electronic booking process and clicking the button "order with costs" in relation to the appointment contained in the virtual shopping basket. When the legally binding contract offer is made, the text of the contract is stored by CBT and sent to the customer in text form together with these GTC after the order has been sent.

3.3 Prior to the legally binding submission of the contract offer, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser used by you, with the help of which the display on the screen is enlarged. The customer can correct his entries during the ordering process using the usual keyboard and mouse functions until he has completed the booking process by clicking on the "order with costs" button. However, the legally binding contract offer can only be submitted and transmitted if the customer accepts the CBT General Terms and Conditions and the data protection information by clicking on them and is thereby included in his application. The contract language is German.

3.4 The contract for the performance of a Corona Test is concluded when the customer has completed the booking process set out in clause 3.3 and has received the automatic text message sent by CBT thereafter by SMS and has confirmed it by stating his postcode given during the booking process. Upon receipt of the confirmation SMS by CBT, the date selected by the customer shall be bindingly reserved for him and CBT shall commence performance of the contract at that time. This is necessary so that CBT can plan and prepare the customer's booked appointment (which may take place at very short notice)

3.5 After the customer has carried out the Corona test and the test result has been determined, he will receive an SMS, which he must confirm with his postcode. He will then have access to his electronic test result and invoice, both of which he can download. The test result is only legally binding if the customer has given his or her identity card number during the booking process.

3.6 The invoice received by the customer together with the test result is due for payment within 10 days of receipt.

3.7 The Customer is advised that prior to the performance of the Corona Test for which he/she has booked the appointment, he/she is required to present at the relevant CBT location the appointment booked through this portal and the barcode sent to him/her in the confirmation SMS.

3.8 Any misuse and/or breach of these GTC shall result in the loss of the Customer's access authorisation to the respective CBT without compensation. The booked appointment loses its validity from the time the abuse and/or breach of the Terms and Conditions becomes known. The customer is advised that CBT is furthermore entitled to exercise its domiciliary rights at any time and to expel the customer from the respective location and to issue a ban from the premises. The appointment booked by the customer loses its validity when the ban is imposed.

3.9 The validity of the booked appointment is limited to the respective booked appointment and expires thereafter. This shall only apply if CBT reschedules an appointment for a Corona Test. CBT also reserves the right to cancel an appointment free of charge at any time prior to its commencement without stating reasons. In all other respects, the statutory provisions shall apply.

4 Delivery, availability

4.1 If, at the time of the customer's order, no more appointments are available for the desired date or time, this will be indicated to the customer as part of the booking process. It is then not possible for the customer to place an order. In this case, a contract in accordance with section 3 of these GTC shall not be concluded.

4.2 The booking of appointments for the performance of Corona tests shall be in household quantities.

5 Remuneration

5.1 Laboratory medical examinations for viral pathogens, such as SARS-CoV-2, are not subject to VAT as medical services according to §4 No. 14 UStG.

5.2 As part of the booking process, the customer will be shown all costs incurred by him/her as part of booking the appointment and carrying out the Corona Test. There will be no additional hidden costs to the customer.

5.3 The Customer is further advised that the booking process may incur additional costs charged by the Customer's respective Internet Service Provider for the provision of the Internet connection.

6 Warranty

The statutory provisions on warranty law shall apply.

7 Right of withdrawal

If the customer breaches obligations arising from these GTC, CBT shall be entitled to withdraw from the contract concluded with the customer after the fruitless expiry of a set period of grace.

8 Liability

8.1 CBT shall be liable without limitation for damages resulting from injury to life, body or health caused by a breach of duty by CBT, a legal representative or vicarious agent of CBT as well as for damages caused by the absence of a quality or property guaranteed by CBT. CBT shall also be liable without limitation for fraudulently concealed defects and for liability based on mandatory statutory provisions, in particular under the Product Liability Act and from the medical treatment contract (§§ 630a to 630h BGB). CBT accepts no liability in the event of errors or faulty condition of third parties over which CBT has no control, such as failure of servers or mail systems.

8.2 Notwithstanding clause 8.1, CBT shall only be liable for slight negligence if essential contractual obligations (so-called cardinal obligations) are breached. Cardinal obligations exist if their fulfilment is a prerequisite for the proper performance of the treatment contract, if their breach jeopardises the achievement of the purpose of the contract and if the contractual partner regularly relies on their fulfilment. In this case, CBT's liability is limited to the damage typically foreseeable at the time of conclusion of the contract.

8.3 CBT shall not be liable for such damage (in particular personal injury and property damage) culpably caused by the patient during his stay on the premises and buildings used by CBT for its activities, whereby even simple negligence shall suffice. Customer shall indemnify CBT against any unjustified claims by third parties in this connection, including all expenses and legal costs.

8.4 CBT shall not be liable for bodily injury suffered by the customer during the period of his visit to a Corona test centre due to his own fault. Simple negligence is already sufficient.

8.5 CBT shall not be liable for any damage to and/or loss of any property or belongings brought and/or left and/or forgotten by the Customer on CBT's premises for the duration of the Customer's stay.

8.6 CBT shall not be liable if the performance of a Corona Test covered by this Agreement cannot take place or has to be abandoned (in particular for the reasons set out in clause 3(6)) due to force majeure.

8.7 The limitations of liability also apply to all companies affiliated with CBT as well as to a personal liability of the employees, representatives, partners and vicarious agents of CBT and/or companies affiliated with CBT.

9 Availability of the services offered

9.1 CBT shall endeavour to make the appointments and other services offered on the portal available to the customer at all times and in full. However, CBT accepts no liability for the uninterrupted usability or accessibility of the Portal and its functionalities and other services, nor for transmission delays, faulty transmissions or memory failures and the associated restrictions of the products and other services offered in the Portal. It is expressly pointed out that in the course of necessary maintenance work on the portal, a temporary interruption of the internet offer and/or individual services may occur.

9.2 CBT expressly reserves the right to discontinue and/or restrict the availability of appointment bookings and other services, in whole or in part, at any time and without prior notice.

10. Right of withdrawal for consumers

Consumers are generally entitled to a statutory right of withdrawal when concluding a distance selling transaction, about which CBT provides the following information in accordance with the statutory model. A consumer is any natural person who concludes a legal transaction for purposes which are predominantly attributable neither to his or her commercial nor to his or her independent professional activity

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.
You can use the attached model revocation form for this purpose, which is, however, not prescribed. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services should begin during the withdrawal period, you must pay us a reasonable amount, which corresponds to the proportion of the services already provided up to the time at which you notify us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.

The services provided for in the contract must be paid for in full.

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form)

- To CBT - Centre for Blood Coagulation Disorders and Transfusion Medicine, Propsthof 3, 53121 Bonn

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)

- Ordered on (*) /received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only in the case of paper communication)

- Date

(*) Delete as applicable

11 Privacy Policy

11.1 The use of the Offer in the Portal is subject to CBT's Privacy Policy, which can be accessed from any sub-page of the Portal.

11.2 CBT undertakes to comply with the applicable provisions of data protection law.

12 Disclaimer for hyperlinks

On the portal, hyperlinks may refer to external Internet sites. CBT has no influence whatsoever on the contents of these external Internet sites, does not adopt them as its own and accepts no liability for their contents. As soon as CBT becomes aware of any illegal content, CBT will delete the corresponding hyperlinks on the portal.

13 Image rights

All rights of use to image material on the portal belong to CBT or our partners. The use of the visual material - in any form whatsoever - is not permitted unless express permission has been obtained from CBT.

14 Online dispute resolution pursuant to Art. 14 (1) ODR Regulation

The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. CBT's e-mail address is info@cbtmed.de.
CBT is not obliged to participate in a conciliation procedure pursuant to Section 36 (1) No. 1 VSBG and unfortunately cannot offer to participate in such a procedure.

15 Final provisions

15.1 The customer expressly agrees that he may receive legal declarations from CBT by e-mail. E-mails shall be deemed to have been received if they are stored as retrievable in the customer's e-mail inbox or that of its Internet provider.

15.2 The laws of the Federal Republic of Germany shall apply exclusively, to the exclusion of its conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods. Irrespective of the above provision on the choice of law, consumers with their habitual residence outside the Federal Republic of Germany may always also invoke the law of the state in which they have their residence.

15.3 If the customer is an entrepreneur such as a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and CBT shall be the registered office of CBT in Bonn, to the extent permitted by law.

15.4 Should any provision of these GTC be or become invalid in whole or in part, the validity of the remaining provisions of these GTC shall not be affected thereby.

15.5 CBT reserves the right to amend these GTC for future transactions. In the case of existing contracts, the customer will be notified in writing of the intended amendment. The amendments shall be deemed to have been approved unless the customer objects in writing. CBT will make special reference to this consequence when announcing the changes. The written objection must be received by CBT within four weeks after notification of the changes. If such an objection is made, the contract will be continued without the proposed changes. The right of the contracting parties to terminate the contract remains unaffected.

 

Date: December 2020