General Terms and Conditions (GTC) of the web portal www.pcr-now.de (incl. services offered)
The following General Terms and Conditions apply to the use of the web portal www.pcr-now.de, which is operated by Dr. U. Hölzenbein – in the context of an individual practice for PCR diagnostics. This includes the services offered on the web portal.
A. CLARIFICATION OF TERMS
Provider: PCR-NOW PCR Laboratory Dr. Hölzenbein
WEBPORTAL: The page of the provider accessible on the Internet under the domain www.PCR-NOW.de.
CUSTOMER: A person who uses or wishes to use the services offered by the web portal.
LABORATORY: The above-mentioned individual private practice for PCR diagnostics.
SERVICE: Performance of a PCR test against payment.
CONSUMER: After concluding a contract for the services offered by the provider on the web portal, the customer becomes a consumer. The restrictions from § 13 BGB apply.
B. Contract/Conclusion of Contract
To purchase services offered on the provider’s web portal, the customer must first select the desired test option via a scheduling tool.
The customer must first select the PCR Test service offered on the provider’s web portal via the scheduling software (eTermin). The customer must then select the test centre (place where the smear is taken) and choose an appointment. After booking the appointment, the client must now enter the personal data. The data protection regulations and the general terms and conditions must be accepted. After booking, the customer receives a confirmation of the booked service by e-mail. The customer is requested to pay for the booked service online directly after the booking. Payment shall be made exclusively online via the payment service providers offered on the website. If the customer does not pay his invoice within 15 minutes, the booking will be cancelled. The booking confirmation also contains a QR code which must be presented at the test centre in conjunction with an official photo ID for identification purposes. A contract is concluded between the customer and the provider upon receipt of payment.
With the booking confirmation, the customer also receives a “link” with which he/she can postpone the booked appointment and book another appointment. With the booking confirmation, the customer also receives a “link” with which he/she can cancel the booked appointment – the payments made in the process will be refunded to the customer. Cancellation of the booked service is possible up to eight hours (08:00; hh:mm) before the booked appointment. Due to internal laboratory preparations, a later cancellation is no longer possible and the payment made will not be refunded.
The customer can purchase the following service in the provider’s web shop: PCR test for Covid-19. This includes the collection of a swab from the oral pharyngeal cavity or the posterior pharyngeal wall. The swab is tested for Covid-19 PCR in the laboratory using rt-PCR.
The result is validated by a doctor and made available to the consumer by e-mail. The consumer agrees to receive the result via e-mail. The result is usually made available to the consumer three hours after receipt of the swab in the PCR laboratory.
The prices stated on the web portal do not include VAT, as these are medical services. The prices may differ depending on the test centre, e.g. in the case of large events or individual tests. The payment is settled online by the payment service provider. The consumer also receives a detailed invoice with the result after the smear test and PCR test have been carried out. The invoice is based on the scale of charges for doctors (GOÄ). The smear test and PCR test will only be carried out after receipt of payment. If payment is not received within 15 minutes of booking, the appointment will be automatically cancelled.
E. Result transmission
The result will be sent to the consumer via e-mail. There is no encryption. With the result, the consumer receives a QR code with which he can also download the result as an “image” to his mobile phone. No further written document is sent to the consumer.
Highly scientific standards are applied to PCR analysis in the provision of services by PCR-NOW.
Nevertheless, in rare and isolated cases, a false positive or false negative test result may occur in SARS-CoV-2 testing by PCR technique. This is usually caused by errors in the pre-analysis (e.g. incorrect smear technique, eating/smoking shortly before the sample, contaminated samples, temperature fluctuations, etc.). Furthermore, technical problems with the laboratory equipment and unpredictable factors can lead to false test results.
The detection of SARS-CoV-2 RNA in a swab of the oral pharynx can only be done if there is a sufficient amount of virus in the area of the swab. In an early stage of the disease, it may be difficult to detect SARS-CoV-2 infection.
If there is a reasonable suspicion of SARS-CoV-2 infection and a negative PCR test, recollection of the specimen and a PCR test should be considered, and self-isolation should be started. In this case, FFP-2 face masks must be worn and the applicable hygiene measures of the RKI and the health authorities must be observed (see www.rki.de).
The customer’s/consumer’s claims for damages are expressly excluded. Damages (such as travel cancellations, lost business, third party costs, etc.) due to delayed transmission of findings, an incorrect test result or because the findings produced are not recognised by certain authorities/public bodies in Germany/a certain destination country are excluded.
The written exclusion of liability applies in favour of PCR-NOW as well as their respective legal representatives and vicarious agents. Excluded from the exclusion of liability are claims for damages by the customer/consumer arising from injury to life, limb or health or from the breach of essential contractual obligations (i.e. obligations the fulfilment of which is a prerequisite for the achievement of the contractual objective), as well as liability in the event of other damage, in the event of an intentional or grossly negligent breach of duty by PCR-NOW or its legal representatives or vicarious agents. Simple and negligent breaches of essential contractual obligations shall be limited to liability for typical contractual and foreseeable damages. Exception: it concerns claims for damages of the customer from the injury of the body & life, the health or from the injury of substantial contract obligations.
In the event that PCR-NOW is unable to provide the service on the contractually agreed date due to its own fault, the customer/consumer may decide whether to accept the service on another date that can be freely booked via the web portal or whether the customer shall withdraw from the contract against reimbursement of the remuneration. Should a new PCR test become necessary, the entire service shall be charged again.
PCR-NOW must then be informed of the customer’s decision. This shall be done by e-mail to the e-mail address firstname.lastname@example.org.
G. Revocation/instruction and form
Cancellation policy Right of cancellation
The customer/consumer has the right to revoke this contract within fourteen days without giving reasons.
The revocation period ends 8 hours before the booked date. The revocation can be made free of charge via the Provider’s web portal or informally by sending an e-mail to the e-mail address email@example.com, stating surname, first name, date of birth and test date.
H. Applicable law
The law of the Federal Republic of Germany shall apply to these GTC and the contract between the provider and the customer/consumer. International uniform law is excluded.
I. Place of jurisdiction
The provider is a freelancer and a doctor – therefore the place of jurisdiction shall be Munich.
J. Severability clause
The contract between the customer and the supplier/consumer remains binding in its remaining parts even if individual point(s) are legally invalid. In the event of the invalidity of individual points, legal regulations for these points shall take precedence, insofar as they exist. The remaining parts of the contract shall, however, remain effective. However, if this should represent an unreasonable hardship for one of the contracting parties, then the contract as a whole shall become ineffective.