General terms and conditions

Translation for convenience; the German version is legally binding.

of the Physiotherapie Praxis Fürstberger, owner Carolin Fürstberger, Kaiserschützenstraße 26, 5280 Braunau am Inn, Austria (hereinafter “the practice”).
As of January 2025

These terms apply to all treatment contracts between the practice and its patients (hereinafter “the patient”). They were drawn up in accordance with the Austrian Consumer Protection Act (KSchG), the Austrian Civil Code (ABGB) and the MTD-Gesetz.

§ 1 – Scope

(1) These terms apply to all physiotherapy services that the practice provides to the patient, including treatment at the practice, home visits and any other agreed services.

(2) Any deviating or additional agreements must be made in writing.

(3) If the patient is a consumer within the meaning of § 1 KSchG, the mandatory protective provisions of the KSchG apply; these terms do not restrict such rights.

§ 2 – Services

(1) The practice provides physiotherapy services on medical prescription or at the patient’s request as a self-payer. The exact scope of services is agreed during the initial consultation.

(2) The practice may adjust the type and extent of treatment at its due therapeutic discretion where this is medically necessary. The patient will be informed of any significant changes in advance.

(3) There is no entitlement to a particular therapist. If the therapist is unavailable, an equally qualified substitute may be deployed; the patient will be informed of this.

(4) The current services and prices can be found on the website under Services & prices.

§ 3 – Appointments and cancellation

(1) Appointments are made by phone, by email or via the contact form. The treatment contract for the appointment in question is concluded when the practice confirms the appointment.

(2) If the patient cannot attend an agreed appointment, they must cancel it at least 24 hours in advance. Cancellations must be made by phone or by email.

(3) If the patient fails to attend without notice or cancels late (less than 24 hours before), the practice may charge the full treatment fee for the missed appointment. This does not apply if the patient can show that they were unable to attend for reasons beyond their control (e. g. sudden illness with a medical certificate, an accident).

(4) The practice reserves the right to reschedule appointments in exceptional circumstances (e. g. illness of the therapist). The patient will be informed as soon as possible and offered a new appointment.

§ 4 – Fees and payment

(1) The prices valid at the time the service is provided apply, as set out in the current price list. All prices are final prices (including VAT where applicable).

(2) The fee is due immediately after the service has been provided and is payable in cash or by bank transfer unless expressly agreed otherwise.

(3) For home visits, a mileage allowance according to the current price list and a home visit flat fee are charged in addition to the treatment fee.

(4) In the event of late payment, the practice may charge default interest of 4 % per annum (§ 1000 ABGB) as well as the actual reminder and collection costs.

(5) The patient will be notified of price changes at least 4 weeks in advance.

§ 5 – Health insurance and reimbursement

(1) The practice works as an elective therapist (Wahltherapeutin) and has no contract with the Austrian Health Insurance Fund (ÖGK) or any other social insurance institution. Fees are billed directly to the patient (self-payer).

(2) Patients with supplementary health insurance or a health insurance fund that reimburses costs (elective practitioner scheme) can submit the invoice to their insurer for partial reimbursement. The practice will issue a suitable invoice on request.

(3) The amount of any reimbursement by social insurance institutions or private insurers is at the discretion of the respective insurer and is not guaranteed by the practice.

§ 6 – Patient’s duty to cooperate

(1) The patient must give the practice all information relevant to the treatment truthfully and completely, in particular about previous illnesses, current medication, allergies and earlier treatment.

(2) The patient is asked to follow the therapist’s recommendations and exercises conscientiously and to get in touch without delay if symptoms appear or worsen.

(3) Please arrive on time for your appointment. If you arrive late, the treatment time cannot be extended; the full fee will still be charged.

(4) The patient must not send any medical data, diagnoses or medical histories via the contact form (cf. Art. 9 GDPR). Medical documents are to be passed on exclusively in person or by phone.

§ 7 – Ending treatment

(1) The patient may end treatment at any time without giving reasons. Services already provided must be paid for.

(2) The practice may refuse or end treatment for good cause, in particular if:

• the patient refuses to cooperate as required,
• circumstances make further treatment appear medically pointless or unjustifiable,
• the patient behaves disrespectfully or inappropriately towards the therapist,
• appointments are repeatedly missed without notice.

In these cases, services already provided will be charged in full.

§ 8 – Liability

(1) The practice is liable for damage caused by a culpable breach of essential contractual obligations. In the case of slight negligence, liability is limited to typical, foreseeable damage.

(2) Liability for personal injury (injury to life, body or health) is not affected by the above limitations and is governed by the statutory provisions.

(3) The practice accepts no liability for damage resulting from the patient withholding relevant health information or giving incorrect information.

(4) The practice accepts no liability for damage to valuables brought along unless caused by gross negligence or intent. Valuables are not taken into safekeeping.

§ 9 – Data protection

Personal data (in particular health data) is processed in accordance with the GDPR, the Austrian Data Protection Act (DSG 2018) and the MTD-Gesetz. For details, please see our privacy policy.

§ 10 – Final provisions

(1) Applicable law: Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of private international law.

(2) Place of jurisdiction: For disputes arising from or in connection with these terms, if the patient is a consumer within the meaning of § 1 KSchG, the court competent under § 14 KSchG applies (the patient’s domicile or habitual residence, or the place where the service is provided). For businesses, the place of jurisdiction is the court with subject-matter jurisdiction in Braunau am Inn.

(3) Severability: Should individual provisions of these terms be or become invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by legally permissible ones that come closest to the economic purpose of the invalid provision.

(4) Changes: The patient will be notified of changes to these terms in writing or by email at least 4 weeks before they take effect. If the patient does not object within 2 weeks of receiving the notice, the amended terms are deemed accepted. The notice will expressly point out this right to object.

(5) Out-of-court dispute resolution: We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board. For the out-of-court settlement of disputes, the arbitration board of the Austrian Consumer Association (VKI) is available.

As of January 2025