Terms and conditions

Diagnostic HealthCare Solutions GmbH Terms & Conditions

§ 1 General

(1) The following terms and conditions apply to contracts concluded by third parties (hereinafter also referred to as "Customer" or "Customers") with us DHS - Diagnostic HealthCare Solutions GmbH (hereinafter also referred to as "DHS") via the website https://pcr-am-leo.de or on site at the respective test centre operated by DHS. Unless otherwise agreed, we object the inclusion of any terms and conditions of your own that are used by you.
(2) By accepting any offer made by DHS, whether online or on-site at the respective test centre operated by DHS, the client expressly agrees to the following General Terms & Conditions (GTCs) as binding.
(3) DHS has a private test centre.
Self-paying customers have the potential to determine whether an infection with SARS-CoV-2 is present at the time of testing. There is no entitlement to cost coverage by a health insurance company. An application for cost coverage may possibly in certain cases.

§ 2 Range of services

(1) In the respective test centre operated by DHS, DHS offers the possibility to perform a SARS-CoV-2 rapid antigen test, antibody test, and various PCR tests (standard PCR, mutation PCR, express PCR) through appointments. DHS is entitled to reduce and extend the offered services. For extended services, these terms and conditions also apply.
(2) Only the Point of Care (PoC) antigen tests listed by the Federal Institute for Drugs and Medical Devices (BfArM) are used at our test centre. Detailed information on the sensitivity, specificity, and type of test used is provided on the website in the FAQs section.
(3) A negative test result does not definitively exclude COVID-19 infection but only represents the status at the time of testing. The use of our test offer does not replace a visit to the doctor.
(4) Die Tests von DHS stellen keine ärztliche Leistung dar. Kunden werden aufgefordert in dringenden Fällen einen Arzt oder eine Notfallambulanz aufzusuchen.
(5) All PCR tests offered are exclusively self-paying tests. DHS does not bill health insurance companies.
(6) DHS also offers the "citizens test" (free rapid antigen test) according to §4a of the Coronavirus Test Ordinance.
(7) The prices for the services offered by DHS can be found on the website https://pcr-am-leo.de (in each case total prices including VAT unless expressly stated otherwise).
(8) There is no entitlement to use the services of both the offers on the website and in the test centre operated by DHS.
(9) DHS is entitled to refuse the service at any time without stating reasons and against reimbursement of the fee paid.

§ 3 Formation of a contract

(1) Online Appointment
The contract is made through the binding booking of an appointment via the website https://pcr-am-leo.de/ between DHS and the customer. By sending an order via the corresponding button (e.g., "Pay now/commit to buy" or similar), you declare with legal binding to accept the offer, whereby the contract is formed.
Booking is made via the website https://pcr-am-leo.de/ . Booking is made via the company Venture Leap GmbH, Bismarckstr. 10-12, 10625 Berlin, Germany. The General Terms and Conditions as well as the Privacy Policy of Venture Leap GmbH can be found at https://probatix.de/.
Payment can be made online via PayPal, instant transfer, or credit card.
After entering all data and completing payment, customers will receive their ticket/voucher by e-mail (incl. booking confirmation) to the e-mail address provided by the customer.
The contract text is not made accessible by DHS for any other purpose.
Despite prioritization when booking in advance, there is no claim that the test can be performed immediately upon arrival at the test site.
(2) On-site booking
Customers can also come to the test centre operated by DHS without an appointment. The contract with DHS is made between DHS and the Customer under these General Terms and Conditions and at the prices applicable to the booked service on site by making a test appointment. The price for the service booked in this manner is payable immediately. The contract text is stored by DHS after coming into effect and sent to the Customer in text form (e.g. e-mail) after the reservation together with these GTCs.
Payment in cash on site is possible, but not desired. Payment via card is possible (debit/credit card).
Customers with previously made bookings will be prioritized at the discretion of the staff on site. Therefore, there may be increased waiting times or lack of capacity without a booking.
(3) Payment types
If an instant payment system (e.g. PayPal/PayPal Express, Amazon Payments, Sofortüberweisung) is used as a payment method, customers will be redirected to the website of the instant payment system provider. If the customer is redirected to the respective instant payment system, he/she makes the corresponding selection or enters his/her data there.
(4) Special terms and conditions for the payment types SEPA Direct Debit (basic and/or corporate direct debit)
For payment via SEPA core direct or corporate debit, the Customer authorizes DHS to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. Direct debit will be collected within 1-10 days after conclusion of the contract. The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure sufficient coverage of the account on the due date. In the event of a return debit note due to the fault of the customer, the customer shall bear the bank charge incurred.
(5) Order processing and transmission of all information required in connection with the conclusion of the contract shall be performed via e-mail, in part, automatically. Customers must therefore ensure that the e-mail address they have provided is correct, that the receipt of e-mails is technically ensured, and, that it is not prevented by SPAM filters.

§ 4 Types of tests and general notes

(1) With these GTCs, the Customer consents explicitly to sampling via the use of a swab in the nose and throat by DHS and third parties employed for this purpose.
(2) For each test offered by DHS:
A positive or negative test result can be false-positive or false-negative. This means that despite a negative test result, an infection with SARS-CoV-2 may be possible. Conversely, a positive test result does not necessarily imply that you actually have an acute infection with SARS-CoV-2. A positive result from the rapid antigen test must be confirmed by laboratory PCR testing. To do this, please contact your family physician, a public health service testing center, or another medical facility for advice and testing.
A negative test result does not definitively exclude COVID-19 infection, but only represents the health status at the time the test was performed. The test provides preliminary test results. Negative results do not completely exclude coronavirus infection. In particular, a false-negative test result may occur if the viral antigen level in a specimen is below the detection limit of the test or if the specimen could not be collected properly.
In very rare cases, a sample cannot be evaluated by the laboratory (inhibited sample, aborted run, etc.) or that the result takes longer (we provide 98% of all results within 24-36 hours). In this case, we will promptly offer to repeat the test at no additional cost. However, this offer must be taken within 48 hours. In this case, the time period until the test result is received is extended accordingly. We are not liable for any damages caused by such a delay.
Likewise, in rare cases, technically-induced transmission errors of the test results via e-mail may occur without DHS or the laboratory at fault in this respect. In this case, we assume no liability for any damage caused by this, but offer a repeat of the test in a timely manner at no additional cost.
(3) Standard PCR
In human medicine, PCR is used to clarify the diagnosis of numerous infectious diseases. In contrast to serological diagnostics (antibody determination against pathogens in the blood), PCR represent a direct laboratory detection method in the clarification of infectious diseases. The test is based on the polymerase chain reaction (PCR). In this process, the genetic material of the virus is amplified. This makes it possible to detect viruses even if only a few are present. Therefore, the PCR test is highly sensitivity - it detects the virus with a high degree of accuracy. In addition, only the genetic material of the SARS-CoV-2 coronavirus is specifically amplified. The test has a high specificity, i.e. it detects exactly the desired virus. Findings are scientifically and medically checked by a specialist in laboratory medicine.
The customer consents to the collection of samples using a swab inserted into the nose and throat. Even with the most careful execution, injuries such as slight bleeding or irritation may occur in individual cases. The insertion of the swab may also be painful; this is due to the sensitivity of the nasal mucosa.
Negative results do not completely exclude coronavirus infection.
(4) Mutational PCR
In point mutation assays, quantitative real-time (qRT)-PCR can be used to determine whether mutations are present in predefined genomic regions of the sample.
Even under careful execution, injuries such as slight bleeding or irritation may occur in individual cases. The insertion of the rod can also be painful; this is due to the sensitivity of the nasal mucosa.
Negative results do not completely exclude coronavirus infection.
(5) Express-PCR
Same service as in § 4, section 3. When booking "Express PCR", a prioritized evaluation of the swab is usually performed within 3- 6 hours.
Even under careful execution, injuries such as slight bleeding or irritation may occur in individual cases. The insertion of the rod can also be painful; this is due to the sensitivity of the nasal mucosa.
(6) Rapid Ag-Test
Rapid antigen tests work on a similar principle to pregnancy tests. The rapid tests for SARS-CoV-2 detect certain proteins of the SARS-CoV-2 coronavirus in the mucous membranes of the respiratory tract in the event of infection. The rapid antigen test is less sensitive than a PCR test. This means that a larger amount of virus is required for a positive result to be detected. For example, if only a few viral particles are present shortly after an infection, the rapid antigen test may still be negative, even though the person tested is infected.
The customer consents to the collection of samples using a swab inserted into the nose and throat. Even under careful execution, injuries such as slight bleeding or irritation may occur in individual cases. The insertion of the swab may also be painful; this is due to the sensitivity of the nasal mucosa.
(7) Free Ag-Test
Performed according to the new regulations in place from 11.10.2021. Antigen rapid tests are Corona tests for acute diagnostics and detect an existing infection with the Coronavirus (SARS-CoV-2). Test results are received after approximately 20 minutes.
The customer consents to the collection of samples using a swab inserted into the nose and throat. Even under careful execution, injuries such as slight bleeding or irritation may occur in individual cases. The insertion of the swab may also be painful; this is due to the sensitivity of the nasal mucosa.

(8) Rapid antibody test

This is a rapid test, which is subject to a fee, for the detection of antibodies against the novel corona virus SARS-CoV-2. The standard test is based on neutralizing antibodies of the IgG type. This test presents the receptor binding domain (RBD). Should the subject have protective antibodies, these antibodies bind and provide a signal. In the nAB test by Wesail, the test is semi-quantitative. In other words, it not only distinguishes between positive and negative (i.e. whether antibodies are present or not), but also scales whether there are an abundant (++++) or rather few antibodies (+). Laboratory testing on over 200 samples showed a sensitivity of 95% and specificity of 99.0%. Thus, it is a very reliable test. From the same manufacturer, we also offer a rapid antibody test for the detection of IgM and and IgG antibodies. This is required by some Asian countries for entry. It is the responsibility of the test person to inquire about the respective entry requirements for the country travelling to. 

§ 5 Procedure

(1) After the customer has booked an appointment on the website https://pcr-am-leo.de/, the customer will receive a direct booking confirmation per e-mail for the appointment. On the day of the booking/test, please arrive at the test centre at Leopoldplatz in due time before the appointment. The test centre can be very busy at peak times, so the appointment may be somewhat delayed. Therefore, please allow sufficient additional waiting time for your visit.
(2) The booking confirmation contains a QR code that must be presented at the test centre at the day of the test during registration (as a printout or digitally on the smartphone).
(3) Only asymptomatic persons will be tested. Persons from 6 to 14 years of age may only participate in the test if accompanied by their legal guardian(s). Persons under 6 years of age are excluded from testing. Persons under 18 years of age require the written consent of their legal guardian(s).
(4) Before the nasal/pharyngeal swab is taken, an identity check is performed using a valid photo document (e.g., ID card or driver's license). For children under 16 years of age, the birth certificate or insurance card is sufficient if no identification document is available. We verify the identity of our customers during registration. For this purpose, a valid official identification document (identity card, passport, driver's license) must be carried in the original and presented upon request. Reasons for this are:
- To be able to issue the test result report/findings correctly
- To be able to verify contractual/legal capacity
- Ensure that in the event of a positive test result, a report can be made to the responsible health office in accordance with the Infection Protection Act.
(5) Correctness of the information, especially in the case of online bookings (name, date of birth, passport number), must be checked by the customer (laboratory certificate and findings). Incorrect information must be corrected by the Customer without request or DHS and its vicarious agents must be informed of incorrect data and the data must be truthfully changed/amended.
(6) Hygiene rules and hygiene instructions of DHS and its vicarious agents must always be observed by the Customer. In the event of non-compliance by the Customer, DHS may refuse performing the service. In such cases, the Customer shall have no claim for reimbursement against DHS. The fee paid is expressly accepted by the Customer as lump-sum compensation for the expenses incurred by DHS against itself. The right to claim further damages is reserved.
(7) Subsequently, the nasal/pharyngeal swab is taken according to the respective booked service.
(8) The test result can be accessed online via Probatix. Customers are informed by e-mail that their result is available. Alternatively, the result can be delivered by e-mail upon request.
(9) At the Citizen's Test, a day pass in paper form can be issued on site upon request.

§ 6 Delivery of the test result

(1) The result of the rapid antigen test is usually available within 20 minutes after sample collection, test results of the standard PCR test usually (99%) within 24 hours after sample collection, test results of the mutation PCR test usually (99%) within 7 days after payment, test results of the express PCR test usually (97%) within 6 hours after sample collection.
(2) However, delays in individual cases are possible, so that a transmission of the results within this period cannot be guaranteed. DHS does not guarantee that the analysis of the swab sample will be performed by a specific date/time and/or that the test results will be available by a specific date/time.
(3) There is no obligation to store the certificate after it has been sent and to resend it to the Customer.
(4) The test material for the sample is disposed of accordingly after performing the test.

§ 7 Liability

(1) Ansprüche auf Schadensersatz sind ausgeschlossen. Dies umfasst insbesondere Schäden (wie z.B. Kosten von Flugumbuchungen, entgangenen Geschäftsabschlüssen etc.) wegen einer verzögerten Befundübermittlung, eines fehlerhaften Testergebnisses oder weil der übersandte Befund von bestimmten Stellen, vor allem Behörden, in Deutschland oder in einem Zielland nicht anerkannt wird. Aus diesem Grunde besteht auch keine Verantwortlichkeit oder Haftung für etwaige Unannehmlichkeiten im Falle eines falsch-positiven Testergebnisses und daraus resultierende Kosten, Schäden und/oder entgangene Umsätze bzw. Gewinne. Für die Nutzung der Dienste der DHS ist eine Selbstregistrierung erforderlich. Die DHS ist jedoch nicht verantwortlich für jegliche Probleme, die durch die fehlerhafte Eingabe von persönlichen Informationen entstehen, die der Kunde während des Registrierungsprozesses macht.
(2) DHS assumes no liability that swab sample analysis will be performed by a specific date/time and/or that the test results will be available by a specific date/time. Any warranty in this regard is expressly excluded.
(3) To the extent permitted by law, DHS shall not be liable for loss of profit, indirect and other consequential damages of the Customer.
(4) If customers wish to use the result of the rapid antigen test or PCR test for travel or to avoid quarantine and otherwise for detection purposes, please note that it is not guaranteed that the test result will be recognized. DHS is not liable for the feasibility of travel and/or compliance with quarantine or any other direct or indirect restrictions imposed by third parties in connection with the tests performed by DHS or the resulting test results.
(5) The liability of DHS is limited to the amount covered by the insurer in the respective case of damage under the business liability insurance.
(6) The exclusion of liability does not apply if the cause of damage is based on an intentional or grossly negligent breach of duty by DHS or a vicarious agent. In addition, the exclusion of liability does not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
(7) In the event of a slightly negligent breach of material obligations (cardinal obligations), DHS shall only be liable for the foreseeable damage typical for the contract. Material obligations are obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you regularly rely.
(8) This exclusion of liability applies in favor of DHS as well as the Laboratory and their respective legal representatives and vicarious agents.
(9) Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

§ 8 Costs / Payment

(1) The costs indicated by DHS when booking a test or at the payment station include the costs of the test kit, test execution, and test evaluation. Further services are to be ordered separately and remunerated separately.
(2) Customers can find current prices on the homepage.
(3) If customers would like to have a "citizen test" performed, the cost for this type of rapid antigen test (note: Bürgertest) are covered by public authorities, provided that the customer meets the requirements; customers do not have to make any payment. The prerequisite for this is, in particular, that customers have their residence or habitual abode in the Federal Republic of Germany and prove this to DHS on site by means of their ID/passport.
(4) If the payment of the citizen test (Bürgertest) is refused by public authorities through no fault of DHS after the test has been performed, customers shall bear the cost of the test (according to the price of rapid antigen tests at the time of the test as indicated on the DHS website) themselves. DHS will send customers an appropriate invoice in this case. The legal basis for the reimbursement decision is the Coronavirus Testing Regulation, there is no right for DHS to take action against a negative reimbursement decision by the competent body, but customers are free to contact the competent body directly themselves in this case.

§ 9 Rights and obligations of the customer

(1) Hygiene measures must be observed at all times. This includes in particular but not exclusively:
- A minimum distance of 1.5 meters from other individuals MUST be maintained at all times.
- Mouth-to-nose covering must be worn properly at all times, unless otherwise notified by the staff present (e.g., for identification purposes when matching with the ID photo as well as, of course, when swabbing).
- Please disinfect your hands before registering. Disinfectant is available.
- Customers are obliged to follow the instructions of the staff of the test centre of DHS.
(2) Any statutory hygiene requirements that go beyond this must be fully complied with; DHS personnel will draw the Customer's attention to this if necessary; the Customer must comply with the relevant instructions.
(3) The customer is prohibited from any activities in connection with the appointment booking that violate applicable law, infringe the rights of third parties or violate laws for the protection of minors.
(4) The Customer expressly and irrevocably consents to having their test result sent by email to the email address provided. If the test result is positive, DHS will inform the public health department based on the legal obligation under the Infection Protection Act. The health department will then contact the customer to take any necessary measures. Taking any measures is the sole responsibility of the responsible health authority.
(5) In the event of a positive result of the rapid antigen test, the customer undertakes to have a PCR test performed immediately and to go into domestic quarantine.
(6) The customer expressly agrees that the agreed dates are fixed and cannot be changed for logistical reasons. If the customer does not appear at the agreed date, the amount due for the booked service is due in full.
(7) Despite booking an appointment, there is no claim that the test can be performed immediately upon arrival or at the booked time at the test site, as this also depends on factors that DHS cannot fully control (e.g. illness of staff, non-delivery of test materials, etc.). DHS makes every effort to avoid such situations. However, if there are major delays at the site on short notice and/or it is not possible to conduct the test on that day, DHS will designate a new test date. This date replaces the previously booked date and is binding for the customer. Testing on a different date constitutes a new contract against payment for further testing in accordance with the price list.
(8) In the event of cancellation of a service by DHS, the Customer shall pay to DHS the full amount due for the originally booked service. A right of rescission exists only to the extent of the statutory provisions and is further excluded.

§ 10 Notes on data privacy

(1) Within the framework of the procedure described above, DHS processes personal data of the Customers. DHS determines the purposes and means of the processing. DHS is an independent controller within the meaning of Art. 4 No. 7 DSGVO and independently performs the obligations under applicable data protection law.
(2) DHS shall ensure compliance with the statutory provisions, in particular the lawfulness of the data processing carried out by it also within the scope of joint responsibility. DHS shall take all necessary technical and organizational measures to ensure that the rights of the data subjects, in particular pursuant to Articles 12 to 22 of the GDPR, can be or are guaranteed at all times within the statutory time limits.
(3) DHS undertakes to make the essential content of this Agreement available to the Customers in accordance with Art. 26 (2) DSGVO. For this purpose, there is a note and a link to this agreement in the data protection notices.
(4) DHS acknowledges that Customers may exercise their data subject rights granted under applicable data protection law with respect to any of the Parties, with DHS serving as the central point of contact.
(5) Within the scope of its responsibilities, DHS is obligated to notify the supervisory authority resulting from Art. 33 and 34 DSGVO and to notify the customers.
(6) By booking the test, the Customer agrees that DHS or its agents may collect, transmit, store and use personal data to the extent necessary for the performance of the contract.
(7) For detailed information pursuant to Art. 13 DSGVO, which data DHS processes from customers for which purposes, how long we store this data and which rights customers are entitled to, please refer to the detailed information on the websites at https://pcr-am-leo.de/datenschutzerklarung/.
(8) Liability for data protection violations
Within the scope of this Agreement, the Parties shall be liable in their external relationship as joint and several debtors pursuant to Article 82 (4) of the GDPR in conjunction with Section 421 of the German Civil Code (BGB). In the internal relationship, the Parties shall be liable, notwithstanding the provisions of this Agreement, only for damage that has occurred within their respective responsibility and shall indemnify each other to this extent (cf. Art. 82 (5) GDPR).
Consumers are entitled to a right of withdrawal. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

§ 11 Contact regarding study participation 

Through your agreement of our general terms and conditions and by using our services, you agree to be contacted via E-Mail or phone regarding participation in potential studies performed – that could be of interest to you - by the DHS GmbH. This agreement can be revoked in writing at any time. Your contact details will not be used for marketing purposes. Your data will not be disclosed to third parties. 

§ 12 Cancellation policy

Cancellation policy

You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your withdrawal right, you are required to inform DHS - Diagnostics HealthCare Solutions GmbH, Nazarethkirchstr. 50 (Aufgang 1), in 13347 Berlin via a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. 

Effects of the revocation 

If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. In no case will you be charged for this repayment.
The right of revocation expires for the purchase of an appointment for the performance of a service of DHS, if we have begun with the execution of the contract before the expiry of the statutory revocation period and you have given us your consent to this in the knowledge of the expiry of the right of revocation. The execution of the contract begins with the delivery of the order or appointment confirmation by mail.

End of the cancellation policy

Cancellation form template
Bundesgesetzblatt 2013 Part I Nr. 58, delivered in Bonn on 27. September 2013
Annex to Article 2 No. 7 (on Article 246a §1 (2) sentence 1 No. 1 and §2 (2) No. 2)

Cancellation form template

(If you want to revoke the contract, please fill and return this form).
-To: DHS Diagnostics HealthCare Solutions GmbH, Nazarethkirchstr. 50 (Aufgang 1), 13347 Berlin;
-I/we hereby revoke the contract made by me/us for purchasing the goods/provision of the following service
- Ordered / received on
-Name of the consumer(s)
- Address of the consumer(s)
-Signature of the customer/consumer(s) (only in case of notification on paper)
- Date

§ 13 Amendments to these GTC

DHS reserves the right to change these general terms and conditions at any time. The current version is available on this website. It is recommended to check the current status of these general terms and conditions at regular intervals.

§ 14 Complaints / Dispute Resolution

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung bereit, die Sie unter https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE finden. Verbraucher haben die Möglichkeit, diese Plattform für die Beilegung ihrer Streitigkeiten zu nutzen.

§ 15 Final stipulations

(1) Contracts between DHS and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and DHS shall be DHS's registered office.

(3) Should any provision of this agreement be wholly or partially invalid or subsequently lose its legal validity, this shall not affect the validity of the remaining provisions. The statutory provisions shall apply in place of the invalid provision.

en_AUEnglish (Australia)