1. scope of application

These General Terms and Conditions (hereinafter referred to as "GTC"), together with the "Medical History Form" completed by the patient (hereinafter referred to as "Patient") at the start of treatment and the "Declaration of Consent for the Transfer of Personal Data", govern the legal relationship and the treatment contract between the following parties the treatment contract between the respective swiss smile clinic (swiss smile Schweiz AG, Prophylaxe Zentrum Zürich AG, Bellevue Zahnärzte AG, Praxis am Pilatusplatz AG, Klinik am Dorfplatz AG, Zahncity AG, Zahnmedizinisches Zentrum Zürich Nord AG, Perfect Smile Ragaz AG and Praxisgemeinschaft Wolfbach AG, hereinafter "swiss smile") and the Patient. These GTC apply between swiss smile and the patient in the form currently valid at the time of the treatment. They govern the business relationship of the dental treatment (hereinafter "the treatment") exclusively, unless otherwise mentioned or agreed. For those patients who are treated by an independent dentist, these GTC apply equally. In this case, however, the contractual relationship is between the patient and the independent dentist/treatment person or independent dentist.

2. data protection

With regard to data protection declarations, reference is made to the form on the "Declaration of consent for the transmission of personal data" as well as to the data protection declaration of swiss smile, which can be retrieved at www.swiss-smile.com/datenschutz/. By signing the aforementioned form as well as by using the treatment services, the patient agrees to the data protection declarations.

3. cancellation conditions

Booked treatment appointments are generally binding and the agreed time is reserved for the Patient. The patient is therefore requested to inform the respective clinic in good time, but at least 24 hours in advance, if he/she is unable to attend.

swiss smile reserves the right to charge the patient a contribution towards expenses of at least CHF 100.00 in the event of late cancellation or no cancellation at all.

4. payment arrangement

The parties shall discuss the costs of the treatment prior to the start of treatment, unless standard treatments are involved.

The costs of the treatment must be paid by the patient within 30 days of the invoice date. The patient will be charged a reminder fee for reminders. If the payment deadline set in the reminder has not been met, swiss smile may charge interest on arrears of 5 percent in accordance with Article 73 of the Swiss Code of Obligations. The charging of interest on arrears does not exclude swiss smile from claiming further damages caused by delay. swiss smile reserves the right to hand over the collection to a third party provider.

In certain cases, swiss smile offers the option of partial payment, if requested by the patient. The partial payment modalities are always agreed upon and handled with a third party provider.

In case of new patients, emergencies, or if there are already signs of negative creditworthiness, swiss smile reserves the right not to offer the patient all available payment options or to require direct payment / prepayment.

5. treatment / liability

The treatment of the patient is based on the generally accepted and known standards and rules of dentistry. As it is generally in the nature of medical treatment, a certain treatment success cannot be guaranteed. In addition, every medical intervention is associated with certain risks. Prior to treatment, the patient is informed about the various treatment options, as well as the associated risks and costs.

Should a treatment not have been carried out to the patient's satisfaction, the patient must inform swiss smile as soon as possible. swiss smile assumes liability for gross and moderate negligence due to intentional or grossly negligent breach of duty by employees of swiss smile. Liability for slight negligence and for breach of duty of care by auxiliary persons or vicarious agents is hereby excluded, as far as legally permissible. swiss smile is not liable for treatment errors or breach of duty of care by self-employed dentists/treatment persons.

6. offsetting prohibition

The offsetting of claims of swiss smile arising from the treatment relationship with claims of the patient that have not been legally established is excluded, unless swiss smile agrees to this in advance.

7. place of jurisdiction and applicable law

The place of jurisdiction for disputes arising from or in connection with this contract is Zurich, Switzerland. Applicable law is exclusively Swiss law, excluding the conflict of laws rules.

8. final provisions

From time to time changes may be made to these terms and conditions. The currently valid version is available on our website at www.swiss-smile.com/allgemeine-geschaftsbedingungen/. The amended version shall become effective upon publication on the website.

If any provision of these Terms and Conditions is invalid or unenforceable, the validity of the remaining provisions shall not be affected. Instead of the invalid points, the legal regulation, if any, shall apply.

swiss smile / January 2022