§ 1 Application of the General Terms and Conditions and the contracts
1.1 The General Terms and Conditions accepted by both contracting parties regulate the terms and conditions between the practice owner Dipl.-Psych. Frank Haber as a graduate psychologist in advanced training as a psychological psychotherapist specializing in behavioral therapy and alternative practitioner for psychotherapy (hereinafter referred to as “practitioner”) and the client as a treatment contract within the meaning of §§ 611 ff BGB unless otherwise agreed in writing between the contracting parties.
1.2 The contract is concluded when the client accepts the practitioner’s general offer of treatment and contacts the practitioner for the purpose of counseling, support, coaching and/or therapy.
1.3 The practitioner is entitled to refuse treatment/counseling without giving reasons. In particular, if a necessary relationship of trust cannot be expected, if it concerns complaints which the practitioner cannot or may not treat due to his specialization or for legal reasons or which could bring him into conflicts of conscience. The client also has the right to terminate an existing contract at any time without giving reasons. In both cases, the fee claim for the services rendered until the refusal of treatment remains intact.
§ 2 Content of the treatment contract
2.1 The practitioner provides his services to the client in such a way that he applies his knowledge and skills in counseling, diagnosis, coaching and psychotherapy at his own discretion and for the benefit of the client.
2.2 The practitioner is entitled to use the methods that correspond to the presumed will of the client, unless the client makes a decision in this regard. A subjectively expected success of the therapy cannot be promised or guaranteed.
2.3 Unless otherwise agreed between the contracting parties, the practitioner shall provide his services in person or digitally via video in the aforementioned rooms. A treatment session generally lasts 50 minutes. Should the session exceed this time frame for important reasons, the practitioner shall be entitled to invoice this time on a pro rata basis.
2.4 The practitioner’s treatment/consultation does not replace an examination/treatment by a doctor. The client is requested to seek treatment from a doctor on his/her own responsibility in the event of medical complaints with disease value.
§ 3 Cooperation of the client
3.1 The client is not obliged to actively cooperate. However, treatment is generally only possible with the active cooperation of the client. This applies in particular to the provision of necessary information as a basic prerequisite for treatment/counseling as well as advised and/or necessary medical examinations.
§ 4 Payment for treatment
4.1 The practitioner is entitled to a fee for his/her services. The current rate is Euro 100.00 per 50 minutes for individuals and Euro 180.00 per 90 minutes for couples. It is always possible that an ongoing process requires a little more time. The client is informed that the practitioner is not authorized to work with health insurance companies, subsidy agencies or other cost bearers. The fees are to be paid by the clients themselves. In exceptional cases, private supplementary insurances may cover the costs of the therapy in part or in full. The insured person is responsible for clarifying this in advance and submitting the corresponding application.
4.2 The client will receive an invoice for the fee to be paid. This must be paid within 7 days by bank transfer to the practitioner’s account. Alternatively, payment can be made in cash after each session in return for a receipt.
4.3 If the client does not show up for an agreed appointment without prior notification, the client shall owe the practitioner a cancellation fee in the full amount of the fee (50 minutes) that he would have had to pay if the appointment had been taken up, regardless of the reason for the cancellation.
4.4 Agreed appointments that cannot be attended must be rescheduled by the client up to 48 hours before the appointment, otherwise they shall be deemed not to have been attended and a full cancellation fee shall be payable. In the event of illness or accidents, a cancellation fee is generally waived if this is communicated by e-mail or telephone before the appointment. Cancellation fees must be paid within 2 weeks.
4.5 Appointments that have to be canceled by the practitioner will not be charged to the client. In such a case, the client has no claims against the practitioner. The practitioner is also not obliged to give reasons.
§ 5 Reimbursement of fees by third parties
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5.1 Insofar as the client is or believes to be entitled to reimbursement or partial reimbursement of the fee by third parties, §4 shall not be affected by this. The practitioner does not carry out direct billing and cannot defer the fee or part of the fee in view of a possible reimbursement.
5.2 The practitioner shall not provide the third party with any direct information on reimbursement issues. All information and certificates shall be provided exclusively to the client. Such services are subject to a fee.
§ 6 Confidentiality of treatment
6.1 The HP Psychotherapist shall treat the client’s data confidentially and shall only provide information regarding a diagnosis, the consultations and/or the contents of the therapy as well as their accompanying circumstances and the client’s personal circumstances with the client’s express written consent.
6.2 Paragraph 1. shall not apply if the practitioner is obliged to pass on the data due to legal regulations – for example the obligation to report certain diagnoses – or is obliged to provide information by official or court order. This also applies to information provided to legal guardians, but not to information provided to spouses, relatives or family members.
6.3 Paragraph 1 may also be suspended if personal attacks are made against the practitioner and his/her professional practice in connection with the counseling, support, diagnosis or therapy and he/she can exonerate or protect him/herself by using accurate data or facts.
6.4 The HP Psychotherapist keeps records of his/her services. The client is not entitled to inspect these records, nor can he/she demand the handover of these records.
6.5 Paragraph 2 remains unaffected. If the client requests a copy of the treatment or counseling file, the therapist shall prepare this at the client’s expense and for a fee based on the actual time spent.
6.6 The files shall be kept for a period of 10 years after completion of the treatment, unless a longer retention period exists by law. They shall not be destroyed if there are indications that the files could be used as evidence.
§ 7 Severability clause
7.1 Should individual provisions of the General Terms and Conditions / the treatment contract be or become invalid or void, this shall not affect the validity of the contract as a whole. Rather, the invalid or void provision shall be replaced by a provision that comes closest to the purpose of the contract or the parties’ intentions.
§ 8 Place of jurisdiction, liability, amendments, personal responsibility
The place of jurisdiction is the registered office of the counseling practice (Hanseatic City of Bremen). The practitioner is liable to the client only to the amount of the counseling fee paid for any damages that allegedly or actually arise from the treatment. The practitioner reserves the right to change the terms of the contract. Amendments to the terms of contract must be made in writing and will be notified to the client in writing. Amendments or additions to the contractual conditions shall become part of the contract if the client does not object in writing within 30 days of becoming aware of the amended contractual conditions.
The client acknowledges that he/she is fully responsible for his/her physical and mental health during the treatment, both during the individual sessions and during the time between sessions. He acknowledges that all steps and measures taken by him in the course of treatment are solely his own responsibility. The client himself is prepared to take responsibility for his actions and undertakes to inform the therapist of any actions with far-reaching consequences and to discuss these with him in advance.
Dipl.-Psych. Frank Haber, as of April 2024