General Terms and Conditions (GTC) The Body Clinic

The General Terms and Conditions govern the contractual relationship between The Body Clinic – leichter leben GmbH (hereinafter “The Body Clinic”), Schöneberger Ufer 71, 10785 Berlin, represented by Dr. Udo Klotzki, and its customers.

Preamble

The Body Clinic is a service company that cooperates with doctors, nutritionists, health psychologists, dieticians, coaches and pharmacies. The Body Clinic offers its customers access to medical and non-medical services in connection with medical weight reduction via a specially operated digital platform. The medical and non-medical services are generally made available to customers as part of different contract packages. The individual contract packages differ in their type and content. They can be booked by customers as an option. The booked medical services are offered either directly on site at the practice or as part of a video consultation via the digital platform operated by The Body Clinic. The initial contact between the cooperating doctor and the customer takes place in person on site or via video consultation. The treatment contract for the medical services is concluded between the customer and the cooperating doctor. The Body Clinic itself does not provide any medical services and is not a party to the treatment contract. Non-medical services are provided exclusively via video consultation. They are provided by The Body Clinic itself by nutritionists, dieticians and coaches.

In addition to access to medical and non-medical services and the use of the digital platform, The Body Clinic also offers its customers other services that are either already part of the individual contract packages or can be booked individually by the customer. If the customer is prescribed a medicine as part of the medical treatment, the customer has the option of redeeming the issued private prescription themselves at a pharmacy of their choice or the customer has the option of sending the private prescription to a cooperating pharmacy of The Body Clinic of their choice, which will deliver the prescribed medicine to the customer’s desired location. The contract for the purchase of medicines is always concluded between the customer and the respective pharmacy.

For the use of medical services, the customer will receive an invoice from the cooperating doctor after treatment in accordance with the GOÄ, if requested. Depending on the type and scope of the contract package booked and the medical and non-medical services agreed in this context, customers will be charged a fixed fee for the non-medical services provided and for other services.

1. general provisions

These General Terms and Conditions exclude the applicability of all terms and conditions of the customer and may only be amended or waived with the express written consent of The Body Clinic. If The Body Clinic does not enforce its contractual rights, this cannot be interpreted as a waiver of any of these rights.
If several documents form part of the contract, the individual contractual provisions shall always take precedence.
The contract (hereinafter: service contract) is a combination of a large number of different services that are provided in connection with the medical and non-medical treatment of obesity patients.

2. performance components

In accordance with the service agreement with The Body Clinic, customers can make use of other services in addition to medical and non-medical services if required. The medical and non-medical services are offered to customers as part of different contractual packages. The other services offered by The Body Clinic can be optionally added to the individual contract packages. Customers can choose from the following contract packages:

2.1 Holistic weight loss program

The Body Clinic offers a holistic weight loss package that includes arranging medical supervision of weight loss and, if necessary, the prescription of medication, arranging the possibility of purchasing a prescribed drug from a pharmacy and arranging online coaching appointments with specialized nutritionists.

The medical services are provided via the platform by doctors cooperating with The Body Clinic. Customers select a doctor on the platform with whom a treatment contract is to be concluded. The treatment contract includes medical advice on weight reduction. For this purpose, the customer first fills out a health questionnaire. This questionnaire is to be completed conscientiously and truthfully by the customer and will form the basis of the doctor’s consultation with the customer. The customer then books an appointment with their chosen doctor via The Body Clinic platform. As soon as the appointment has been confirmed by the doctor via the platform, the treatment contract is concluded. The Body Clinic itself does not provide any medical services and does not become a party to the treatment contract.
The medical consultation takes place as part of an initial medical consultation (“initial consultation”) either in person at the doctor’s practice or telemedically in the form of a video consultation. It is expressly pointed out that telemedical treatment, i.e. treatment using exclusively remote communication media, is not a sufficient form of medical treatment in all cases. It is therefore possible that the doctor may refuse an initial telemedical consultation and recommend an initial consultation in person at the doctor’s practice. In such a case, the customer is not entitled to an initial telemedical consultation.
During the initial consultation, the doctor advises the client on the possible therapeutic measures for weight reduction with due medical care. If there is a medical indication, these measures may include the prescription of medication and pharmacotherapy. Upon conclusion of the contract, customers have no claim against either the doctor or The Body Clinic for the prescription of medication. The doctor makes the therapeutic decision regarding the prescription of medicines. This includes, in particular, whether a medical indication exists, whether there are no contraindications or whether more effective therapeutic measures exist.
After the initial consultation, the customer can make use of further consultations with the doctor (“follow-up consultations”). The customer books an appointment for a follow-up consultation via the platform. This usually takes place via telemedicine. For this purpose, the customer fills out a questionnaire in which he or she provides information on the course of treatment. After evaluating the questionnaire, the doctor decides, in compliance with medical diligence and depending on the existing indication, whether any pharmacotherapy already started should be continued unchanged or with a change in the drug or dose of the drug previously used and whether the necessary prescription of the drug can be issued without a video consultation, taking into account medical diligence. If the doctor decides that a drug prescription requires a medical consultation, this can be carried out telemedically as part of a video consultation, for which the customer must book an appointment via the platform.
Medical therapy is supplemented by nutritional advice and online coaching. These services are provided by specialized nutritionists who are either freelance through The Body Clinic or employed by The Body Clinic. The consultations and coaching sessions take the form of online video appointments. The customer books these via the platform.
The customer will have access to The Body Clinic’s customer service for administrative questions regarding the program and/or appointment bookings.
The holistic weight loss program can be booked as a 1-, 2- and 3-month package. A package includes all services of the holistic weight loss program during the booking period.

2.2 “Coach only” program

The Body Clinic also offers weight loss support without medical supervision through nutritional advice and coaching.

If the customer books the “Coach Only” program on The Body Clinic platform, they are entitled to nutritional advice and coaching services with the aim of losing weight. These services are provided by specialized nutritionists who are either freelance through The Body Clinic or employed by The Body Clinic. After booking the “Coach Only” program, the customer first fills out a health questionnaire. This questionnaire must be completed conscientiously and truthfully by the customer and will form the basis of the advice given to the customer by the nutritionists and coaches. The customer then books an appointment for coaching via The Body Clinic platform. As soon as the appointment is confirmed via the platform, the coaching contract is concluded. The consultations and coaching sessions take place as online video appointments.
The customer will have access to The Body Clinic’s customer service for administrative questions regarding the program and/or appointment bookings.
The “Coach Only” program can be booked as 1-, 3- and 5-month packages. A package includes all services of the “Coach Only” program during the booking period.

3. possibility to order the prescribed medication from cooperating pharmacies

The Body Clinic offers its customers access to various pharmacies, taking into account the freedom of choice of pharmacy. If the customer is prescribed a medicine in connection with medical weight reduction when using a medical service by a cooperating doctor, the customer has the option of redeeming the issued private prescription himself at a pharmacy of his choice or has the option of sending the private prescription to a cooperating pharmacy of The Body Clinic selected by him, which will deliver the prescribed medicine to the customer’s desired location. If the customer has selected a cooperation pharmacy of The Body Clinic for the delivery of the prescribed medicine, the private prescription is transmitted via the platform to the selected cooperation pharmacy as follows:

If the prescription is issued during the initial consultation or follow-up consultation, the customer is asked to decide from which pharmacy the medicine should be purchased on the private prescription. This can be one of The Body Clinic’s partner pharmacies or any other public pharmacy chosen by the customer.
1. If the customer chooses one of The Body Clinic’s partner pharmacies, the private prescription and the customer’s contact details will be sent to the relevant partner pharmacy for the purpose of contacting the pharmacy.
2. A purchase contract for the prescribed medication is concluded between the pharmacy to which the prescription was sent and the customer. The rights and obligations of the pharmacy and the customer arise from the separately concluded purchase contract and are not the subject of these General Terms and Conditions.
3. The Body Clinic administers the payment of the purchase price of the medicine for the customer. For this purpose, the customer pays the package price to a payment service provider commissioned to process the payments. The payment service provider pays the pharmacy’s purchase price claim on behalf of the customer.
If the customer chooses a pharmacy other than a cooperation pharmacy, the doctor issues a private prescription and hands it over to the customer. The customer then procures the prescribed medication themselves and The Body Clinic is not involved and does not participate in this.

4. duties of The Body Clinic

In order to guarantee high quality, The Body Clinic undertakes to only refer the medical and non-medical services offered via its digital platform to sufficiently qualified medical and non-medical persons.
The Body Clinic also undertakes to carefully check the qualifications of medical and non-medical service providers as part of an onboarding process and to only grant them access to the digital platform if the onboarding process has been successfully completed.

5 Obligations of the customer

The customer shall use the medical and non-medical services partly on site at the practice of the attending physician and partly via the digital platform of The Body Clinic by video consultation. If the customer makes use of the medical and non-medical services via The Body Clinic’s digital platform, the customer shall be obliged to provide all the software and hardware required to access the services provided via the digital platform, including a terminal device, an internet connection and compatible web browser software.
The customer undertakes to use the medical and non-medical services provided via The Body Clinic’s digital platform under conditions that enable him to guarantee the confidentiality and smooth flow of the exchange with the doctor, consultant or coach carrying out the video consultation. In particular, the customer must ensure that the use of the telemedical consultation in the case of treatment by video consultation is carried out in a sufficiently bright and quiet place to enable high-quality telemedical treatment.
The success of the medical and non-medical services provided as part of the video consultation depends largely on the information provided by the customer. The customer must therefore provide the information required to take a medical history truthfully and comprehensively. Furthermore, the customer must disclose all circumstances that are important for the treatment from their point of view, such as current complaints, previous illnesses, allergies, etc., even without being expressly questioned by the attending physician, the consultant or the coach.
The Customer acknowledges that the speed of information transmission does not depend on the services provided by The Body Clinic, but on the characteristics of the electronic communication networks and the technical characteristics of the type of connection (cable, ADSL, 3G, 4G, etc.) and its Internet access.

6 Remuneration, payment modalities, cancellation compensation

The following applies to the fee for the comprehensive program:
1. After the initial consultation with the doctor, the customer decides whether to book the holistic weight loss program. If the customer books the holistic weight loss program, the amount of the flat-rate fee for the holistic weight loss program will be specified in advance. The flat-rate fee comprises the costs of (i) the initial consultation and the follow-up consultations with the doctor and (ii) the appointments with the nutritionists (iii) the other customer services of The Body Clinic for the duration of the booking of the holistic weight loss program. In the event that the customer decides to obtain any prescribed medication via a cooperating pharmacy through The Body Clinic, the flat-rate fee shall also include the costs of the medication and the delivery of the medication.
2. If the customer does not book the holistic weight loss program after the initial consultation with the doctor, the customer is obliged to pay a fee in the amount of the fees calculated according to the scale of fees for doctors for this consultation.
3. The fees for booking the holistic weight loss program or the initial consultation without a subsequent booking of the holistic weight loss program are owed by the customer regardless of whether these costs can be reimbursed by private or statutory health insurance or other cost bearers.
The flat-rate fee for a booked “Coach Only” program consists of the costs of (i) the appointments with the nutritionists and (ii) the other customer services of The Body Clinic for the duration of the booking of the “Coach Only” program.
The customer must pay the flat-rate fee agreed for the use of a booked program. When booking the selected program, the customer also receives the invoice for this program.
1. When booking a holistic weight loss program following an initial consultation in person at the doctor’s practice, payment of the fee for this program is made immediately upon booking the program in advance without cash at the doctor’s practice.
2. When booking a holistic weight loss program following an initial telemedical consultation with a doctor, the payment for this program is made directly to a cashless payment service provider when the program is booked via The Body Clinic platform.
3. In the event that the customer does not book the holistic weight loss program after an initial consultation with the doctor in person at the doctor’s practice, payment of the fee for the initial consultation is made immediately after the initial consultation without cash at the doctor’s practice.
4. In the event that the customer does not book the holistic weight loss program after an initial telemedical consultation with the doctor, payment of the fee for the initial consultation shall be made immediately after the initial consultation via The Body Clinic platform to a cashless payment service provider.
5. When booking a “Coach Only” program, payment of the fee for this program is made directly to a cashless payment service provider when the program is booked via The Body Clinic platform.
If the service provider is unable to provide the medical services as part of the initial consultation despite an actual offer due to conduct for which the customer is responsible, the customer shall be obliged to pay a flat-rate cancellation fee of EUR 50. This shall not apply if the customer has canceled the agreed appointment with The Body Clinic at least 48 hours before the agreed appointment.
1. The customer shall be invoiced in full for any cancellation fees. The customer must transfer the invoice amount to the account specified in the invoice within 14 days of receipt of the invoice
2. The customer shall be in default at the end of the 14th calendar day after receipt of the invoice.
3. Offsetting and the exercise of rights of retention by the customer are only permitted with legally established, recognized or undisputed claims.

7 Duration of the contract, termination

The term of the respective contract concluded is agreed individually with the contractual partner.
The Body Clinic and the customer shall be entitled to terminate the contractual relationship for good cause. Good cause shall be deemed to exist, for example, if
- a contractual partner repeatedly and seriously breaches contractual obligations despite a warning,
- insolvency proceedings are opened against one of the parties or the opening is rejected for lack of assets.
  Such a reason is also given for The Body Clinic if
- the customer is more than one month in arrears with the monthly payment obligations.
Any termination must be made in writing. Notice of termination in accordance with clause 7.2 must specify the corresponding reason for termination.

8. right of withdrawal

As a consumer within the meaning of Section 13 of the German Civil Code (BGB), the customer has the right to withdraw from the agency agreement with The Body Clinic within 14 days without giving reasons.
The withdrawal period is fourteen days from the date of conclusion of the contract with The Body Clinic.
In order to exercise the customer’s right of withdrawal, the customer must inform The Body Clinic – leichter leben GmbH, Schöneberger Ufer 71, 10785 Berlin, phone: 030-233205740, email: [email protected], by means of a clear statement (e.g. by email or by letter sent by post) of his decision to withdraw from this agency contract. The customer may use the following model withdrawal form, but this is not mandatory:
Sample withdrawal form:
To The Body Clinic – leichter leben GmbH,
Schöneberger Ufer 71,
10785 Berlin,
Phone: 030-233205740
Email: [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*)/for the supply of the following digital content (*):
________________________________________________________
________________________________________________________
Ordered on (*)/received on (*):
________________________________________________________
Name of the customer(s):
____________________________
Address of the customer(s):
________________________________________________________
Signature of the customer(s) (only for notification on paper):
To comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
The consequences of withdrawal provide that, in the event of withdrawal, all payments received by The Body Clinic from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by The Body Clinic), shall be refunded to the customer immediately and at the latest within fourteen days from the day on which The Body Clinic receives notification of the customer’s withdrawal from this contract. For this repayment, The Body Clinic shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case shall the customer be charged any fees for this repayment.
If the customer has requested that individual services should commence during the withdrawal period, the customer shall pay The Body Clinic a reasonable amount corresponding to the proportion of the services already provided up to the time at which the customer informs The Body Clinic of the exercise of the right of withdrawal with regard to this agency contract compared to the total scope of the services provided for in the agency contract.
The Body Clinic enables its customers to make use of medical and non-medical treatment services, services and other fee-based services provided by cooperating contractual partners via the digital platform. Different contractual relationships arise between the cooperating contractual partners and the customer. The cooperating contractual partners have their own sets of rules for the conclusion of the respective contract, the payment as well as for the termination of the contractual relationship, which the customer accepts via the treatment conditions or the terms of use of the cooperating contractual partners and over which The Body Clinic has no influence. If the customer decides to conclude a contract with the cooperating contractual partners, it shall be the customer’s obligation to comply with the provisions set out in the terms and conditions of treatment or terms of use. In the event of any contradictions between the provisions of the cooperating contractual partners and these provisions, the provisions of the cooperating contractual partners shall take precedence.

9 Liability and statute of limitations

The Body Clinic shall maintain appropriate liability insurance cover for the non-medical staff it employs with regard to the services to be provided and any damage caused by them.
The Body Clinic shall only be liable for damage caused by itself and for material defects and defects of title in the material resources insofar as The Body Clinic is responsible for the damage or defect. Liability for property damage and financial loss shall be limited to an amount of EUR 250,000 per damage event and to a total amount of EUR 1.0 million. Any further claims for damages or warranty claims of the contractual partner against The Body Clinic shall be excluded, unless The Body Clinic or a person commissioned by it acts with intent or gross negligence; this shall not apply to damages resulting from injury to life, body or health which are based on a negligent breach of duty by The Body Clinic or an intentional or negligent breach of duty by a legal representative or vicarious agent of The Body Clinic.
Claims for damages that are not subject to a shorter limitation period by law or a longer limitation period by virtue of mandatory legal provisions shall lapse after one year.
Customer claims for damages against The Body Clinic are excluded. This shall not apply to claims for damages by the customer arising from injury to life, limb or health or from the breach of material contractual obligations or liability for other damages based on an intentional or grossly negligent breach of duty by The Body Clinic, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary for the achievement of the contract.
In the event of a breach of material contractual obligations, The Body Clinic shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, limb or health.
The restrictions of sections 8.4 and 8.5 shall also apply in favor of the legal representatives and vicarious agents of The Body Clinic if claims are asserted against them.
The limitations of liability resulting from sections 8.4 to 8.5 shall not apply if The Body Clinic has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same shall apply if The Body Clinic and the contractual partner have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.

10. data protection and confidentiality

The Body Clinic undertakes to create all conditions to ensure that the duty of confidentiality applicable to medical and non-medical services as well as services provided in the context of cooperation pharmacies is observed.
The contracting parties undertake to comply with the relevant regulations on the protection of personal data, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). With regard to the processing of the customer’s personal data by The Body Clinic, reference is made to the data protection declaration in the appendix.

11. dispute resolution

The consumer arbitration board responsible for the customer is the out-of-court dispute resolution board for consumers and entrepreneurs e.V. as a general consumer arbitration board, Gohliser Straße 6, 04105 Leipzig, available at: [email protected] as far as no health services are concerned. However, The Body Clinic does not participate in dispute resolution proceedings before this consumer arbitration board.

12 Applicable law and place of jurisdiction

The contractual relationship between The Body Clinic and the customer shall be governed exclusively by German law.
The exclusive place of jurisdiction is the competent court at the registered office of The Body Clinic in Germany.

13. severability clause

Should any provision of this Agreement be or become void, invalid, unenforceable or unenforceable in whole or in part (“Defective Provision”), the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. Rather, the parties hereby undertake to replace the Defective Provision with a provision that comes as close as legally possible to what the parties would have agreed in accordance with the meaning and purpose of this agreement if they had recognized the defectiveness of the provision. If the defectiveness of a provision is based on a measure of performance or time (deadline or date) specified therein, the provision shall be agreed with a legally permissible measure that comes closest to the original measure. The same applies to any loopholes in this agreement. It is the express intention of the parties that this severability clause does not merely result in a reversal of the burden of proof, but that Section 139 BGB is waived in its entirety.
Collateral agreements and amendments to the contract must be made in writing to be effective. This also applies to the amendment of this written form clause.