General Terms and Conditions (AGB).

Due to contributions made by leading physicians, psychologists and therapists at Schön Klinik, we are able to provide detailed information on topics in the areas of health and medicine at Schön Klinik. We provide information in particular on frequently treated diseases and topical subjects, and enable you to get in contact with the competent physician at the relevant Schön Klinik hospital in the event of any questions. The use of such services is subject to these General Terms and Conditions.

 

1. Applicability of the terms of use

(1) The internet site www.schoen-kliniken.de is the internet service of Schön Holding SE & Co. KG (hereinafter referred to as Schön Klinik Administration). The following General Terms and Conditions (hereinafter "GTC") apply to any use of the internet site www. schoen-kliniken.de (the person using the internet site is hereinafter referred to as the "user").

(2) The GTC apply unless other regulations for particular services (e.g. newsletters) are laid down in special terms of use; in the event of conflicting definitions, the more specific terms of use shall prevail.

(3) In using this website and its services, you acknowledge the given GTC and special terms of use for such services. If you do not wish to accept the given GTC and special terms of use, you may not make use of the website and its services. 

(4) Other conditions of the user or any which deviate from these General Terms and Conditions shall not apply. The pure omission of a revocation by Schön Klinik Administration of other general terms and conditions does not imply that these have been agreed upon.

 

2. Information

(1) The web pages of Schön Klinik Administration are continuously maintained and updated. With such a wealth of information, however, errors and omissions cannot be ruled out entirely. Schön Klinik Administration thus assumes no liability for the topicality, integrity and accuracy of the information made available as part of this service. This applies irrespective of the nature of any damage which ensues.

(2) Schön Klinik Administration reserves the right to modify, expand, restrict or completely suspend this service at any time, either in full or in part, without prior notice and within the context of the legal possibilities as regards the nature, possibilities of use, operability and content.

(3) Schön Klinik Administration provides various links to external websites on its web pages. Schön Klinik Administration has no influence either on the contents of these websites or the adherence of their operators to data protection requirements and statutory regulations. A link to another website is neither a confirmation nor endorsement of the contents therein. Schön Klinik Administration also cannot accept any liability for the topicality, accuracy or integrity of these websites and explicitly distances itself from the content therein. This declaration applies to all links and collections of links available on the Schön Klinik Administration servers either at the present time or in the future.

(4) The web pages of Schön Klinik Administration are neither directed at persons in the USA and Canada, nor at persons in countries that prohibit the provision and/or accessing of the content presented therein. Each user is individually responsible for ensuring compliance with any such restrictions regarding the viewing of such websites.

 

3. Medical information

The medical information provided on this website is not a substitute for medical consultation and/or treatment, nor may individual diagnoses be made, or treatments commenced or discontinued, on the basis of such information.

 

4. Contacts / forums

(1) The contact function as well as the forums of the Schön Klinik Administration are open to all users. They can be used to ask questions and seek opinions. Schön Klinik Administration is not able, however, to monitor all posts on the online forums. Hence Schön Klinik Administration accepts no responsibility for the content, accuracy, integrity and topicality of the contributions.

(2) Articles from outside sources on Schön Klinik Administration's homepage are accessible to everyone. Articles from outside sources should be carefully examined to ascertain whether they contain information which is not intended for the public. Articles from outside sources may potentially be logged by search machines and are accessible worldwide without specifically calling up this website. 

(3) The author of each post is solely responsible for the contributions contained therein. General legislation and legal provisions are to be heeded. Posts of a racist, pornographic, inhumane, offensive and indecent nature are strictly prohibited. It is strictly prohibited to circulate content in which hatred against certain parts of the population is incited (sedition) or which promotes propaganda for an anti-constitutional organisation, as well as statements which are defamatory, libellous or commercially detrimental, and junk mail, spam, chain letters or other content of a promotional nature.

(4) It is also forbidden to consciously disrupt any dialogue between different users; e.g. by repeatedly interrupting a conversation between other members, through annoyance or antagonisation and encouraging animosity. The disclosure of personal details such as names, addresses, telephone numbers, etc. is not permitted. Personal emails or messages may not be publicised on the forum without the agreement of the sender.

(5) Copyrighted material may be posted only if approved by the originator. The author alone is responsible for the accuracy of the content of his posts as well as any legal consequences which result. The propagation of incorrect facts may, according to German Law, give rise to criminal proceedings.

(6) Should the administrator or moderator notice posts of a nature as described above, they will be modified or removed from the system by the administrator or moderator without first notifying the author. Schön Klinik Administration reserves the right to temporarily or permanently deny access to individual visitors/members.

(7) The author of a contribution indemnifies Schön Klinik Administration from all third-party claims which may be made on the basis of such posts. Furthermore, forum participants agree to the publication of their posts on the website of Schön Klinik Administration.

(8) The contents of articles from outside sources reflect exclusively the views of the respective author. Reproduction on our site is not an affirmation or endorsement of the contents of these articles.

 

5. Scope of use

(1) The content of this website is protected by copyright. It may be used for personal purposes only. Such content may not be used for the purposes of either obstruction or theft of data (e.g. phishing) from other users or Schön Klinik Administration. Commercial use of the websites of Schön Klinik Administration must be explicitly approved by Schön Klinik Administration in writing. Any utilisation, reproduction, demonstration, transmission, leasing and/or loaning of the website or individual content is not permitted without the agreement of Schön Klinik Administration and shall be subject to criminal and civil proceedings. All rights of Schön Klinik Administration reserved.

(2) Please note that you alone are responsible for the internet access and any technical equipment required for using the website and services of Schön Klinik Administration, along with any costs thus incurred.

 

6. Liability

(1) Technical disruptions and failures can never be completely ruled out when using internet services; Schön Klinik Administration is not liable, therefore, for damages due to errors, delays or disruptions in transmission, disruptions to technical equipment and service, incorrect content, loss or deletion of data, viruses or other factors which may arise when visiting this website. Liability is assumed only if such damage has been caused due to intent or gross negligence on our part. In particular, liability for any direct or indirect damage of a material or non-material nature arising from use or non-use of the presented information is excluded. Use ensues solely at the risk of the user, provided no false information has been included either with intent or through gross negligence.

(2) Otherwise Schön Klinik Administration is liable in accordance with legal provisions in the event of culpable violation of a fundamental contractual obligation (cardinal obligation). Claims are limited to typical foreseeable damages. Such limitations do not apply to claims for damages according to Fig. 5.1.

(3) A claim for damages shall lapse within 12 months of the end of the year in which the claim has arisen and the user has become, or without gross negligence should have become aware of the circumstances substantiating the claim and the injuring party.

(4) Liability on the grounds of culpable harm to life, body or health remains unaffected.

 

7. Place of performance, jurisdiction; applicable law

German Law applies, with the exclusion of the UN Convention on Contracts for the International Sale of Goods and German International Private Law. The exclusive place of performance and jurisdiction, where legally permissible, is Prien am Chiemsee.

 

8. Data protection

The Schön Klinik Administration observes the legal requirements in terms of personal data privacy. Please refer to our general privacy policy

 

9. Efficacy, written form

(1) Should one or more of the contractual provisions be, or become invalid, either wholly or in part, the validity of the remaining contractual contents shall not be affected. The same applies if a contractual loophole is discovered. (2) Verbal agreements have no validity. (3) All information, consents, communications or queries in accordance with these GTC as well as amendments or supplements to these GTC, including this clause, must ensue in writing. Communications by email or telefax are deemed as a written form. This also applies to clicking on relevant buttons. (4) Schön Klinik Administration is entitled to amend the given GTC at any time without prior notice. Schön Klinik Administration shall notify users in good time of any amendment. Amendments are deemed as accepted by the user if he does not object, or terminate the contract, within one month of receipt of notification of an amendment. In the event of objection on the part of the user, Schön Klinik Administration is entitled to give due and proper notice of termination. Upon notification of an amendment, Schön Klinik Administration shall draw attention to the possibility of objection and termination as well as the period of notice and legal consequences - particularly in the case of omitted objection. With notification of amendment, the user receives ordinary notice of termination from Schön Klinik Administration which is subject to condition precedent that the user objects to the amendment. (5) In the event of invalidity of a regulation in particular, Schön Klinik Administration may supplement or replace existing contracts; in the event of amendment to a legal provision or high court legislation - if as a result of such amendment one or more terms of the contractual relationship are affected - Schön Klinik Administration may adapt the affected terms in such a way that they comply with the purpose of the amended legislation, provided the user is not disadvantaged by the new or amended terms as compared with the original conditions.