terms and conditions
Praxis Mai- Praxis für Chinesische Medizin
Therapist: Mai-Linh Kirchner
Practice adress: Tillierstrasse 6a, 3005 Bern
latest update: 05/2023
1. Contractual Conditions / Scope of Application
a) These General Terms and Conditions (hereinafter referred to as "AGB") apply to all services and/or goods provided by the patient of Praxis Mai.
b) By making an appointment (attending the appointment), the patient acknowledges these AGB, as well as the listed rates of Praxis Mai.
c) Praxis Mai reserves the right to modify its terms and conditions at any time.
d) Written individual agreements remain reserved.
2. Prerequisite for Contract Conclusion
2.1 Treatment Agreement
The treatment agreement is established when the patient accepts the general offer of Praxis Mai and seeks the services of Praxis Mai for the purpose of consultation, medical history, and treatment. 2.2 Treatment Reservations The therapist has the right to refuse a treatment agreement without providing reasons, particularly if:
a) The necessary level of trust is not established.
b) The patient's condition requires treatment that the therapist cannot or is not permitted to provide due to specialization or legal reasons.
c) The patient's condition could potentially create conflicts of conscience for the therapist.
In such cases, the therapist retains the right to receive payment for the services provided until the point of refusal, including consultation.
3. Place of services
The place of services is the business premises of Praxis Mai - Praxis für Chinesische Medizin, Tillierstrasse 6a, 3005 Bern.
4. Description of services and treatment agreement
a) Praxis Mai provides its services to the patient by applying its knowledge and skills in the field of Chinese Medicine (including education, consultation, medical history, and therapy). The patient is obliged to compensate Praxis Mai for the services requested and to provide truthful information regarding their contact details and, in particular, their health condition.
b) Chinese Medicine is an evidence based medicine that, in general, cannot be explained. The subjective success expected by the patient cannot be promised or guaranteed.
c) Praxis Mai is not authorized to issue medical certificates or prescribe prescription medications. Please note that the therapist will conduct diagnoses based on the principles of Chinese Medicine. This alternative medical method can be used as a standalone treatment or as a supportive and complementary approach. However, depending on the situation, it may not replace conventional medical treatment. Ongoing conventional medical treatment should not be discontinued without consulting a physician.
5. Reimbursement of Treatment Costs by Health Insurance
The entitlement to reimbursement of treatment costs depends on the individual insurance policy. The clarification and sole responsibility lie with the patient. Please clarify with your health insurance in advance the extent to which they contribute to the costs.
Based on experience, health insurance typically covers between 50% and 90% of the treatment costs.
If, despite expert application of Chinese medicine, subsequent damages occur that can be attributed to the patient's failure to disclose exclusion criteria, Praxis Mai is released from any liability. The same applies to damages that arise because an exclusion criterion was not known to the customer and not recognizable to Praxis Mai.
6.2 Classical massages
The services provided by Praxis Mai include classical massage treatments. These treatments solely serve the client's well-being and prevention. They do not constitute medical services and cannot be billed through health insurance. No diagnoses are made or symptoms treated. If the client suffers from health disorders, they are obliged to consult a suitable medical professional beforehand.
6.3 Application of oils
There are no known negative effects on the musculoskeletal system caused by the application of essential oils. To avoid allergic reactions, the patient is required to disclose any existing allergies.
7. Appointment Scheduling and Cancellation
7.1 Patients: Appointment Changes/Cancellations
Scheduled appointments (electronically, by phone, or in person) are binding and must be honored. Cancellation: If you are unable to keep the scheduled appointment, please cancel it by phone no later than 24 hours before the scheduled time. Appointments canceled after this deadline will be charged CHF 50.-. If you are prevented from attending on the day of treatment due to force majeure (accident, illness) and you book a replacement appointment for a later date when canceling, no compensation for expenses will be charged. Replacement Appointment: If a replacement appointment agreed upon by the patient is canceled, the practice will charge a compensation fee of CHF 50.- as it was bypassed from the original appointment. Rescheduling: The appointment can be easily rescheduled up to 24 hours before the appointment start time through the following channels: Digital messages (WhatsApp, email, SMS); they are considered confirmed only if the therapist has confirmed the replacement appointment. By phone using the practice number: +41 78 401 35 90 If a canceled appointment could be reassigned at short notice, the fee will be waived.
7.2 Therapist: Appointment Changes/Cancellations
a) The therapist reserves the right to make changes or cancel agreed-upon appointments for important reasons.
b) Changes do not entitle the patient to withdraw from the agreement.
c) The practice cannot be held liable for any costs incurred due to cancellation.
c) In case of inability to attend, a replacement appointment can be scheduled.
7.3 Late Arrival
If the patient arrives late for the scheduled appointment, the therapy time will be reduced at the patient's expense if the therapist has a subsequent appointment. If the therapist does not have a subsequent appointment, they may still be able to provide the full therapy time despite the delay. However, the billing and therapy period will be based on the agreed-upon time. Therefore, please arrive on time for your appointment.
7.4 Shortening of Treatment
Time For a patient-requested shortening of the treatment during the appointment, no price reductions can be granted. The full treatment price according to the booking must be paid. 7.5 Extending Treatment Duration During the therapy/massage, the treatment duration can be extended upon request for an additional fee, provided it does not interfere with subsequent appointments.
7.6 Therapy Time
The agreed-upon therapy time includes dressing and undressing time, as well as relaxation and after-effects time.
8. Contractual Conditions / Scope of Application
8.1 Patient Data
a) Praxis Mai treats patient data confidentially and takes reasonable measures to protect them against unauthorized access by third parties. Information regarding the patient's medical history, consultation, treatment, and related circumstances, as well as personal information, will only be disclosed with the explicit consent of the patient. Written consent may be waived if the disclosure is in the patient's best interest and made with their explicit verbal consent.
b) The collected data is stored digitally on a secure server in the customer dossier.
c) Only relevant billing data, not treatment history, will be transmitted to the medical insurance agency.
8.2 Legal Obligations for Data Disclosure
Section 8.1 shall not apply if the therapist is obliged to disclose the data due to legal requirements, such as reporting obligations for certain medical histories or by a governmental or court order. This also applies to disclosures to legal guardians but not to disclosures to spouses, relatives, or family members. Section 8.1 shall also not apply if personal attacks against the therapist or their professional practice occur in connection with consultation, medical history, or treatment, and if the use of accurate data or facts can exonerate the therapist.
8.3 Documentation (Patient Records)
Praxis Mai maintains records of the services provided (physical or digital records). The patient has the right to access and request copies of these records. Section 8.2 remains unaffected.
8.4 Request for Records
If a patient requests a treatment or medical record, Praxis Mai will provide them at cost and subject to applicable fees, in the form of copies of the records. Original documents contained in the records will be provided as copies. The copies will be marked to indicate that the originals are kept in the records.
9. Payment terms / Fee
9.1 Patient: Tariff You can find the current fees on my website. 9.1.1 Payment Conditions
The fee for the provided service is due immediately after the treatment. Payment can be made in cash, via Twint, PayPal, or bank transfer.
9.1.2 Invoice: Practice
Vouchers: Valid only after full payment. The amount is due immediately and must be paid in full.
Missed consultation: Payment is due within 10 days.
Only the necessary billing data that does not disclose information about the medical treatment will be transmitted to the health insurance company.
Payment is due within 30 days, without discount. If there are any issues with the invoices or if the payment slip is lost, please contact me.
9.1.4 Waiting for reimbursement costs Waiting for reimbursement payments from the insurance company does not exempt from reminders and debt collection steps.
9.1.5 Reminders The reminder fee is borne by the patient.
Payment reminder: Free of charge
1st reminder after 35 days: Fee: CHF 40.-
2nd reminder after 15 days: Fee: additional CHF 40.-. Payment due within 10 days. Debt Collection: Further claims for damages are expressly reserved. After an unsuccessful second reminder, the case will be forwarded to a debt collection agency. All costs incurred during this process will be borne by the delinquent debtor, in addition to the outstanding amount.
9.1.6 Receipts / Reimbursement Documentation You will receive a reimbursement receipt at the practice or along with the invoice.
9.2 Social Tariff: (AHV/IV Retirement, Kulturlegi) Upon request, you will exclusively receive a social tariff for cash payments. This tariff is due immediately after the treatment. These invoices do not comply with the health insurance requirements for invoicing according to the Swiss Federal Insurance Contract Act (VVG).
9.3 Products, Classic Massage Treatments:
Payment can be made in cash, via Twint, PayPal, or bank transfer.
10. Vochers / Promotions
10.1 Offers: Promotions, Discounts, and Vouchers
All vouchers, promotions, and offers issued by Praxis Mai cannot be combined with other discounts or price reductions from Praxis Mai and are only valid during the specified promotional period and for the services mentioned in the offer.
10.2 Validity, Refunds, and Replacement Vouchers or similar offers cannot be redeemed for cash or refunded. Vouchers have unlimited validity and can be transferred to other individuals. Praxis Mai is not liable for the loss of vouchers and is not obliged to provide a replacement.
Vouchers will be forfeited if an appointment is missed without cancellation. Please bring the voucher or mention the voucher number when scheduling an appointment.
11. Price changes
Praxis Mai reserves the right to change the prices of all treatments or goods at any time. Praxis Mai cannot be held liable to the patient or any third party for price changes or the resulting consequences from price changes. The previous price list becomes invalid upon the release of the new price list.
12. General information
The basis of the contract are the present general terms and conditions (AGB), which the customer acknowledges and confirms their knowledge and inclusion with the conclusion of the contract. The AGB apply to all one-time and ongoing services provided. Praxis Mai reserves the right to change the AGB without separate notice. The current AGB can be accessed on the website www.praxis-mai.ch.
13. Geistiges Eigentum
Die Praxis Mai behält sich alle Rechte für sämtliche auf dieser Website publizierten Inhalte (Bilder, Texte usw.) vor. Diese dürfen nur mit schriftlicher Genehmigung von Mai-Linh Kirchner oder des jeweiligen Rechteinhabers weiterverwendet werden.
14. Salvatorische Klausel
Sofern Teile oder einzelne Formulierungen dieser Nutzungsbedingungen der geltenden Rechtslage nicht, nicht mehr oder nicht vollständig entsprechen sollten, bleiben die übrigen Teile der Nutzungsbedingungen in ihrem Inhalt und ihrer Gültigkeit davon unberührt.
15. Anwendbares Recht und Gerichtstand
Auf das Verhältnis zwischen dem Patienten / der Patientin und der Praxis Mai ist ausschliesslich schweizerisches Recht anwendbar.