General Terms & Conditions

General terms and conditions of non-medical practitioner for psychotherapy Isabel Bommer – Wachgeküsst, practice for psychotherapy, coaching, supervision, organizational development.

Preamble

Wachgeküsst, practice for psychotherapy, coaching, supervision, organizational development, Isabel Bommer, is a private practice in accordance with the provisions of the naturopath law (Heilpraktikergesetz) of February 17, 1939, which also regulates the requirements for using the professional title „Heilpraktiker:in für Psychotherapie“ (practitioner for psychotherapy).

Our area of responsibility and activity as an alternative practitioner for psychotherapy includes counseling, coaching and psychotherapeutic treatment using short-term and deep psychological counseling and therapy methods, especially from the humanistic range of forms (i.e. process work / process-oriented psychotherapy, gestalt therapy, hypnosystemic methods).

In order to be able to meet the high demands of our clients, patients, seminar and training participants for the most holistic and long-term success possible, it is essential to agree on certain framework conditions.

These general terms and conditions define the rules on the way to this goal, in order to clearly communicate the rights and obligations of all parties involved.

§ 1 Scope / area of application / basics

(1) Unless expressly otherwise declared and agreed in writing, the following applies to the commissioning or use of couseling, coaching or psychotherapeutic treatment services and participation in seminars, courses, training, education and other events of any kind, which are carried out by Isabel Bommer, Wachgeküsst – Heilpraxis für Psychotherapie, Coaching, Supervision, Organisationsentwicklung, Löwengasse 14, 60389 Frankfurt (hereinafter referred to as „Heilpraktikerin für Psychotherapie“ or „HP-PT“), for all customers, clients, patients and training participants (hereinafter referred to as „client(s)“), these „General Terms and Conditions“ (GTC) apply as a treatment contract in accordance with § 611 ff. BGB.

§ 2 Conclusion of contract / treatment contract

(1) A legally valid treatment contract is formed when the client contacts the non-medical practitioner for psychotherapy for the purpose of advice, diagnostics or treatment and thus accepts the general range of services offered by the non-medical practitioner for psychotherapy.

(2) However, the non-medical practitioner for psychotherapy is not obliged to generally accept treatment contract offers from a client. The HP-PT is entitled to refuse a treatment contract – even without giving reasons. This is particularly the case if the fundamental trustful relationship between the client and HP-PT is lacking and/or cannot be expected to be forged in the future either.

(3) This applies furthermore, in cases where there are ailments from the client that the non-medical practitioner for psychotherapy cannot or is not allowed to treat due to her professional orientation or for legal reasons. The same applies if the HP-PT could get into personal conflicts of conscience as a result of the acceptance or further treatment. In these cases, HP-PT’s fee claim for the services rendered up to the time of rejection, including advice, shall remain in full.

§ 3 Purpose and content of the treatment contract

(1) The non-medical practitioner for psychotherapy renders his services within the meaning of the treatment contract to the client in such a way that she uses her knowledge and skills for the purpose of practicing medicine, restricted to the field of psychotherapy, for information, advice, diagnosis and therapy of the client.

(2) The alternative practitioner for psychotherapy informs and advises the client before the start of treatment about the economic and professional advantages and disadvantages of his therapy methods, which are usually not recognized by conventional medicine. The client decides independently about their use in diagnostics and therapy.

§ 3 Purpose and content of the treatment contract

(1) The non-medical practitioner for psychotherapy renders her services within the meaning of the treatment contract to the client in such a way that she uses her knowledge and skills for the purpose of practicing medicine, restricted to the field of psychotherapy, for information, advice, diagnosis and therapy of the client.

(3) If the client does not want to or cannot make a decision about this, the non-medical practitioner for psychotherapy is entitled to use those methods which, based on her professional knowledge or professional experience, appear to be most suitable for the client’s will to achieve the goal. However, a subjectively expected success of the client cannot be promised or guaranteed. Liability claims are therefore not to be derived – also for possible consequences.

(4) If the client refuses to use the proposed methods and only wants to be advised, diagnosed or treated using conventional medical or scientifically recognized methods, she must explain this to the non-medical practitioner for psychotherapy.

(5) The client is aware that the methods used by the HP-PT do not diagnose any physical illnesses and that no healing treatments are carried out in this area. The client is asked to take responsibility for not interrupting or giving up any existing medical treatments.

(6) Due to legal restrictions, the alternative practitioner for psychotherapy may not issue any certificates of incapacity for work in accordance with the German „Sozialgesetzbuch“ (SGB) and may not administer or prescribe any prescription substances, medication or remedies.

§ 4 Obligation to provide information and cooperation of the client

(1) The client is generally not obliged to actively participate in the therapeutic treatment, even if the success of the treatment usually depends to a large extent on the degree of voluntary involvement and the implementation of the client.

(2) If the client is currently or was in psychological and/or psychiatric treatment before the start of treatment, the HP-PT must be informed of this before the start of treatment. If necessary, the desired treatment by the HP-PT should be clarified beforehand with the treating doctor or therapist.

(3) The non-medical practitioner for psychotherapy is therefore also entitled to refuse the treatment and/or to break off the treatment prematurely if the client provides inaccurate or incomplete information about the medical history and diagnosis, negates the content of the consultation or deliberately frustrates therapy measures. This also includes repeated absence from agreed treatment appointments without good reason.

§ 5 Remuneration for alternative practitioners for psychotherapy

(1) The non-medical practitioner for psychotherapy is entitled to remuneration or a fee for her services, which is based on the scale of fees for non-medical practitioners and on the generally customary prices in the field of free psychotherapy according to the non-medical practitioner law in Germany. In addition, the rates and terms of payment individually agreed between HP-PT and the client apply. The application of other fee regulations or fee schedules is excluded.

(2) The client is obliged to pay the agreed remuneration in full and on time.

(3) Unless otherwise agreed, the fee is to be paid by the client in cash after each consultation or treatment to the HP-PT against receipt or in advance for a specified number of treatments/consultations. Other individual agreements are possible in principle and require prior agreement and the consent of both contracting parties.

§ 6 Invoicing / reimbursement of fees by third parties

(1) Upon request, the client can be issued with an invoice after a treatment phase for submission to the tax office or for her own documentation. In addition to the practice data, this invoice contains the information on the name and address of the client and the exact treatment period. Receipts for cash payments and invoices must not contain a diagnosis, nor must the services be itemized in such a way that a diagnosis can be drawn from them.

(2) Extended invoicing, which also contains diagnostic information (e.g. for reasons of reimbursement), requires a written order from the client in advance, which is subject to a fee.

As a rule, the statutory health insurance companies do not reimburse the costs for treatment services by non-medical practitioners for psychotherapy. Privately insured clients or those who have private supplementary insurance may be able to be reimbursed in full or in part for treatment costs. The scope and amount of reimbursement can vary greatly depending on the company and tariff.

(3) The non-medical practitioner for psychotherapy does not bill third parties directly, nor can her fee or parts thereof be deferred in anticipation of a possible reimbursement. The provisions of § 5 (2) remain unaffected, even if the client is entitled to reimbursement or partial reimbursement of the fee by third parties or believes he is entitled.

(4) The alternative practitioner for psychotherapy does not provide any direct information to third parties in the event of any reimbursement issues. Only the client receives all information and necessary certificates. Such services are not part of the consulting service and are subject to a separate fee.

(5) All information that the non-medical practitioner for psychotherapy provides to the client as part of general economic advice about the reimbursement practice of third parties is non-binding.

§ 7 Data Protection / Confidentiality of Treatment / Reference File

(1) The alternative practitioner for psychotherapy keeps her own case specific records in the leglally requested form. Wachgeküsst uses digital client files for documentation of services, advice and treatment steps on local, non-disclosed and encrypted storage media. The client agrees that within the framework of the treatment contract, his personal data will also be stored on data carriers by the naturopath for psychotherapy.

(2) The client is not entitled to inspect the records of the HP-PT. Likewise, she cannot demand the surrender of these records. As transparency is an essential part of a trustful relationship access to client’s personal documentation will be granted. All client data is treated as strictly confidential. The HP-PT only provides information regarding the consultations, the diagnosis and the therapy as well as the accompanying circumstances and/or the personal circumstances of the client with the express written consent of the client.

(3) Insofar as the non-medical practitioner for psychotherapy is obliged to pass on the data due to legal regulations (e.g. obligation to report certain diagnoses or by official or court order), paragraph (2) does not apply. This also includes the obligation to provide information to persons entitled to care or if personal attacks against the HP-PT or his professional practice take place in connection with the consultation, diagnosis or therapy and he can exonerate himself by using correct data or facts.

(4) Information to spouses, relatives or family members can only be given with the written consent of the client.

(5) The client expressly agrees to the HP-PT that his medical history may be made accessible to specialist groups within the framework of anonymous case studies and that the HP-PT consults with professional colleagues on her case and notes (hand files).

(6) Unless there is a longer retention period by law, client-related data and his reference files are kept for a period of 10 years after completion of the treatment.

§ 8 Severability Clause / Place of Jurisdiction

(1) Additional agreements must be in writing.

(2) Should individual agreements or the general terms and conditions be or become ineffective as a whole, this does not affect the effectiveness of the treatment contract as a whole, but instead of the ineffective agreements, legally valid agreements come into force that come as close as possible to the ineffective ones, or .those that come closest to the purpose of the contract and the will of the parties.

(3) German law applies exclusively between the contracting parties. In case of doubt, the currently valid version of the German Civil Code always applies. Place of performance and place of jurisdiction for Isabel Bommer – Wachgeküsst – practice for psychotherapy, coaching, supervision, organizational development is Frankfurt on Main.

Status: Frankfurt am Main, January 1, 2022