Scope, Applicability, and Formal Requirements
These Terms and Conditions (T&Cs) govern the contractual relationships between BodyLab GmbH, Albulastrasse 50, 8048 Zurich, T +41 44 543 03 03, www.bodylab.ch (hereinafter referred to as 'BodyLab') and its patients. The validity of any other T&Cs is excluded, even without explicit objection. BodyLab may change these T&Cs at any time without prior notice. Changes will be communicated to patients through notices posted in BodyLab's reception/waiting area and via the ChangeLog on our website at www.bodylab.ch/agb. The notice period is at least 30 days. Patients are required to accept changes to the T&Cs for technical and operational reasons, provided these are advantageous or result in only negligible performance reduction. In any case, changes required as a result of legal requirements or court orders are permissible. The T&Cs form an integral part of every contractual relationship between BodyLab and its patients. Side agreements are only binding if confirmed in writing. Oral statements are non-binding without written confirmation.
Basic insurance (Physiotherapy with a doctor's prescription)
In the basic insurance, the patient accepts the invoicing of physiotherapy treatments (on medical prescription) on paper or electronically via Tiers Payant (billing directly to the health insurance / accident insurance). In the secure patient portal of the medical account, a copy of the invoice is stored as a PDF document, which can only be viewed by the patient. For each invoice, the patient receives a notification from the medical account via email to the email address provided to BodyLab, indicating that the invoice is ready to be retrieved, together with an individual link to the patient portal of the medical account, valid only for this particular invoice. Using this link and their personal insurance card number, the invoice can be viewed online by the patient for at least 3 months and can be downloaded and printed there. Separate legal terms of the medical account apply to the patient portal, according to the currently valid details of the medical account (see www.aerztekasse.ch, especially regarding data protection: www.aerztekasse.ch/datenschutzerklaerung/). To receive notifications about their invoices, the patient must inform BodyLab of their current email address and any changes to their email address.
Supplemental Insurance for Alternative and Complementary Medicine (Osteopathy and Massage) / Self-Payer
The patient agrees that all invoices will be issued and delivered directly to them. If the patient has supplementary insurance for alternative and complementary medicine, invoices for osteopathy and massage services will be reimbursed by the insurance differentially based on the insurance, the chosen insurance model, and conditions according to the individual insurance policy. Accident insurances partially cover the costs. The patient must independently determine the extent of potential coverage with their insurance provider. For reimbursement, the patient submits the paid invoices to their responsible insurance.
Fees, Terms, and Rates
The benchmark for treatments is the current version of the tariff index. The prices listed on www.bodylab.ch, in brochures, or other publications are non-binding. Tariff and price changes are subject to change at any time. The patient is not entitled to offset their own claims against BodyLab with the owed compensation.
Payment Delay
If the patient fails to fulfill their payment obligation within the specified payment period or waives a justified objection, they will fall into arrears without further notice at the end of this period. BodyLab may involve third parties for collection at any time. The patient bears the costs of the payment delay. Details on fees for payment delays can be found at the following link: www.aerztekasse.ch/de/patienteninfo/faq/
Appointment Scheduling, Preventing Issues, Cancellation, and No-Shows
Patients can schedule appointments by phone or online through the BodyLab website. It is the patient’s responsibility to keep their appointments. BodyLab uses the online tool OneDoc for managing appointments, which is also integrated into the BodyLab website for online booking. Typically, after booking an appointment, the patient will receive a confirmation email with the appointment details. If the patient has provided a mobile phone number, they will receive a reminder SMS before the appointment. Patients are responsible for ensuring they can be reached via email and/or SMS, as the necessary technical conditions are beyond BodyLab's control. Appointments must be canceled at least 24 hours in advance; otherwise, the missed appointment will be charged as an unexcused absence (these costs are not covered by insurance and are entirely the patient’s responsibility). Cancellations over the weekend are not possible. In case the designated therapist is unavailable (e.g., due to illness), BodyLab reserves the right to cancel or reschedule treatments and therapy sessions. BodyLab strives to inform the patient as early as possible. Liability for any potential costs incurred by the patient related to the appointment (e.g., travel expenses) is excluded in all cases.
Liability
All therapists at BodyLab hold professional diplomas in their areas of expertise. They always provide treatment to the best of their knowledge and according to their individual qualifications. Any claims for liability following physiotherapy, osteopathic treatment, or a medical massage are hereby excluded. Participation in courses and engagement in medical training therapy (MTT), as well as any other activities in the BodyLab gym, are undertaken at one's own responsibility and risk. Participants are aware that both training sessions and courses, as well as self-directed strengthening exercises in the gym, involve physical activity and exertion. Each participant assumes full responsibility for any injuries they may incur. BodyLab does not assume liability for personal belongings and valuables. No claims may be made against the therapists, course instructors, or BodyLab. Claims by the patient for lost profits or consequential costs of any kind, for example due to misunderstood appointment scheduling, are always excluded.
Privacy Policy
BodyLab and all associated employees are bound by medical confidentiality. The patient grants BodyLab permission to forward necessary patient data to the billing medical clearing office / Mediport as well as to institutions responsible for any potential debt collection and to the relevant government authorities. Collection agencies, the debt enforcement office, the peace court, and competent courts will only receive data that does not reveal details about the specific medical treatment (e.g., address data, total invoice amount). The patient agrees that the attending or other BodyLab employees may keep or have the patient's medical records kept in electronic form, including through third parties, particularly within a cloud solution or via software-as-a-service. The patient also consents to the use of other tools, such as scheduling tools, that facilitate appointment finding and planning. The provisions according to the Swiss Data Protection Act are complied with. Further information on data handling can be found at the following link: www.bodylab.ch/datenschutzerklaerung
Communication
BodyLab uses various methods like phone, fax, mail, email, and SMS to communicate generally and individually with customers, patients, and partners. Unencrypted emails can potentially be read and altered by third parties, which BodyLab cannot influence; therefore, it cannot be held liable for any misuse by third parties. Unless stated otherwise, BodyLab assumes that customers, patients, and partners agree to receive unencrypted emails containing non-sensitive information. BodyLab will not initiate or send any personal or sensitive data about customers or patients via email to third parties. Should a customer or patient send medically relevant confidential information to BodyLab via email, BodyLab presumes the sender's consent to share this information with the restricted group of individuals outlined in the 'Privacy' section. Otherwise, BodyLab will only communicate any personal or medical information through postal mail, with prior consent from the customer or patient, and only to third parties restricted by the 'Privacy' section.
Final Provisions
All contracts between BodyLab and the patient are governed by Swiss law. The ordinary courts have jurisdiction, with Zurich being the legal venue. Should parts of these terms and conditions be wholly or partially invalid, the remaining terms and conditions shall nevertheless remain binding. In place of an invalid clause, a legally enforceable provision shall apply that most closely reflects the economic intent at the time of contract conclusion. The patient is not entitled to transfer any rights from this contract without written consent from BodyLab. The legally binding wording of these terms and conditions is determined solely by the German version. All other language versions are created for a better understanding for BodyLab's patients; however, the contents of these other language versions have no legal effect.