Terms and Conditions
“My Coronaschnelltest” is an initiative of the medical practice of Dr. Lars Holmer, Am Falkplatz 1, 10437 Berlin, (hereinafter “Doctor”) in cooperation with medi Produkt & Service GmbH, Potsdamer Strasse 58, 10785 Berlin (hereinafter “Service Provider”).
The Service Provider organises the booking of appointments for the performance of rapid corona antigen tests (hereinafter “Rapid Test”) exclusively via the online ticket distributor www.myticket.de and provides suitable premises and locations for this purpose. After the person to be tested (“test person”) has booked an appointment, the doctor will perform the booked rapid corona antigen test on site; the doctor may also deploy suitable and appropriately trained personnel for this purpose.
Area of application
These General Terms and Conditions (“GTC”) are the basis for the contractual relationship between the test person and the doctor or service provider in the context of booking a Standard Q COVID-19 Ag rapid test or the Nadal COVID-19 antigen rapid test.
Sensitivität (97,56 % bei Ct-Wert 20-30) und Spezifität (>99,9 %)
§1 Conclusion of contract
The test person books their ticket for a quick test via the online platform www.myticket.de. The ticket can only be booked for a specific date and time. Upon completion of the booking and receipt of the ticket, a contract for the performance of the rapid test is concluded between the test person and the doctor. The bindingly booked rapid test is only valid for the person specified during the booking process and is not transferable to other persons.
The costs for the performance of the rapid test are charged in accordance with the Gebührenordnung für Ärzte (GoÄ). The total fee for the rapid test is 49.90 € incl. 16 % VAT. (or 19 % from 2021).
The total fee takes into account the factor increase of 14.392 times due to increased protective measures due to SARS-CoV-2.
By booking an appointment, the test person confirms that he/she has been informed that the costs of the rapid test are to be borne by him/her and that although he/she is insured, his/her health insurance (statutory or private) may not or only partially reimburse the costs.
By completing the booking process and receiving a ticket for the rapid test, the test person agrees that the doctor or personnel appointed and trained by the doctor for this purpose may carry out a rapid test. For this purpose, a nose and/or throat swab is taken, which is then evaluated by the doctor or staff on site. If necessary, further medical measures are carried out on the test person on site, whereby the test person is informed in advance by the doctor of these measures. The result of this rapid test can lead to one of the following results: “Positive”, “Negative” or “Not usable”. The rapid test has a sensitivity of 96.52% and a specificity of 99.68% according to the manufacturer’s instructions. It therefore meets the legal requirements and can detect or exclude SARS-CoV-2 with a high probability. In a few cases, the result may not be conclusive, i.e. not usable. As the causes for this can be varied and are usually not clearly identifiable, the test person is entitled to request another rapid test from the doctor after such a result – either immediately afterwards or by arrangement within the framework of a new appointment. If the repeated result is also not usable, the test person has no right to have a rapid test performed again.
In the event of a positive rapid test result, the test person must go into quarantine in accordance with the applicable regulations and inform their family doctor. Furthermore, § 7 applies.
§2 User account
The Service Provider allows test persons to create a personal user account by entering their e-mail address and a password of their choice. After transmitting the e-mail address to the Service Provider, the test person receives an invitation e-mail with an invitation link. By clicking on this link, the test person is redirected to the corresponding website and can then complete their registration and login there by entering their name and other personal information.
The personal user account allows the test person to view the result of the quick test and download it in PDF format if required.
Test persons are responsible for managing their personal user account. A maximum of one user account can be set up per e-mail address, i.e. a separate e-mail address must exist for each user account.
§3 Delay, rebooking, cancellation
The test person is obliged to arrive at least five minutes before his/her appointment at the location of the test centre indicated on the ticket and used for the rapid test. Any delay on the part of the test subject which results in the performance of the rapid test overlapping with the performance of the rapid test by another test subject shall be at the test subject’s expense. The test person can no longer keep the booked appointment, but can arrange a new appointment on site.
A bindingly booked rapid test can be cancelled up to 12 hours before the time of the rapid test by e-mail to firstname.lastname@example.org.
In this case, the costs for the quick test will be charged minus a processing fee of 20,00 € incl. 16 % VAT. (or 19 % from 2021) will be refunded.
If the test person does not appear on the booked date and has not cancelled the test, no costs will be refunded.
§4 Data protection declaration for the rapid test
Overall, the collection, use and processing of the test person’s personal information is carried out within the framework of the statutory provisions (Basic Data Protection Regulation (DS-GVO), BDSG etc.), medical confidentiality and social secrecy.
The test person consents to the processing of his/her personal information within the scope of booking and performing the rapid test. This includes the following personal information:
– First and last name, gender, nationality, date of birth;
– address of the main residence and/or the usual or current place of residence for the (then) next 30 days (minimum);
– Presence of an infection with the SARS-CoV-2 virus (coronavirus);
– Telephone number (mobile and/or landline), e-mail address.
The test person agrees to be informed about the result of the rapid test online via his/her personal user account. The test person agrees that his/her personal information may be stored and deposited in the protected area of the www.mycoronaschnelltest.de website. In addition, the personal user account will also contain all the details of the test person.
The test person agrees that he/she may be contacted in writing or by telephone (call, SMS, e-mail or fax) for information, appointment or medical purposes by the service provider and doctor. The test person has the right to revoke this consent at any time in the future by notifying the Service Provider and the physician.
The test person voluntarily consents to the processing of his/her personal information. This consent can be revoked at any time and without giving reasons. The legality of the data processing carried out on the basis of the consent until revocation is not affected by the revocation. Consent must be given either to the service provider or to the physician; it must then be transmitted from one to the other and applies equally to both – subject to other provisions in these GTC.
Provided that the requirements of § 5 number 4 are met, the test person is aware that his/her personal information will be processed in any case, as this is a notifiable disease according to the Infection Protection Act; any revocation of consent to the processing of personal information is therefore irrelevant after the positive test result has been determined. Furthermore, the test person is aware that, in the event of a positive test result and if the legal requirements are met, the competent health authority may process the personal information of the test person to an extent not covered by the provisions here. The competent public health department is responsible for such processing.
§5 Information according to Art. 13 DS-GVO
Names and contact details of those responsible: medi Produkt & Service GmbH, Potsdamer Straße 58, 10785 Berlin, e-mail: email@example.com; Dr. Lars Holmer, Am Falkplatz 1, 10437 Berlin, Tel. 030 69507571.
Contact details of the data protection officer: Mr Hendrik Schisler, DEAG, Deutsche Entertainment AG, Potsdamer Straße 58, 10785 Berlin, Tel.: 030 810 75 666.
The processing of personal information is carried out for the purpose of preventing and combating the SARS-CoV-2 (Corona virus); the legal basis is Art. 9 (2) a) in conjunction with Article 6(1)(a) DS-GVO.
The personal and medical personal information of the test person is stored electronically in a protected form in accordance with the provisions of the DS-GVO.
The personal information will be stored until consent is revoked, but only for a maximum of four years after receipt of the results of the rapid test; after this period all personal information on the test person stored by the service provider will be deleted. The result of the rapid test will be deleted by the Service Provider after a maximum of four weeks after receipt of the result of the rapid test, irrespective of the other personal information stored by the Service Provider.
Irrespective of § 5 No. 5, the personal information of the test person stored by the physician will be deleted after the statutory retention period of 10 years (after the last contact with the patient or test person).
§6 Rights of the test person under the DS-GVO
The test person has a right to information about the personal information stored about him or her (Art. 15 DS-GVO).
If incorrect personal information is or has been processed, the test person is entitled to have it corrected (Art. 16 DS-GVO).
If the legal requirements are met (Art. 17 and 18 DS-GVO), the test person may request the deletion or restriction of the processing of his/her personal data.
With regard to Art. 6 Nos. 1-3, the following special provisions apply in relation to the physician: The test person has the right to inspect medical documentation and the right to information, unless there are substantial therapeutic reasons or other substantial rights of third parties to the contrary. There is no entitlement to the surrender of the original documents, but these may be temporarily surrendered, provided there are no overriding interests of the physician to the contrary. Upon request, copies of the written documentation may be handed over against reimbursement of costs. In the event that original documents are sent, the expenses incurred as a result must be reimbursed before the documents are sent and a receipt must be issued for the receipt of the records. The transfer may be refused until the expenses have been paid.
§7 Passing on of personal information (to the public health department)
The test person agrees to the disclosure of the personal information provided at the time of booking to the service provider and doctor.
In addition, for the purpose of billing between the Service Provider and the physician, the Test Person agrees that the information taken from the patient file (e.g. full name, address, test result, examination and treatment data) may be exchanged between the Service Provider and the physician.
If the test subject’s health insurance (statutory or private) refunds the costs of the rapid test, the test subject’s personal information may be used and forwarded by the Service Provider or physician for billing purposes in relation to that health insurance.
If the rapid test results in a “positive” result, the test person agrees that the service provider and/or doctor may inform the competent health authority of the positive test result on the basis of the legal obligation arising from the Infection Protection Act. In this context, all personal information collected from the test person may be forwarded. The public health department will then contact the test person and inform him/her about any further measures, such as the need for a two-week quarantine.
Each rapid test is carried out by the doctor and the trained staff according to the medical care to be applied and according to the current state of scientific knowledge.
The Service Provider and physician are only liable for gross negligence and intent; the same applies to their vicarious agents. If an essential contractual obligation (so-called “cardinal obligation”) has been breached, the Service Provider and the physician shall also be liable for simple negligence. Cardinal obligations are those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the test person relies and may rely. Excluded from the above provisions is liability for damages resulting from injury to life,
of the body or health; this remains unaffected.
Furthermore, the above provisions shall not affect liability under the provisions of the Product Liability Act.
§9 Legal system and place of jurisdiction
The legal relations of the parties are subject exclusively to German law to the exclusion of other legal institutions (e.g. UN sales law).