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Invoice

October 8, 2009 | 50,00 EUR | answered by Andreas Scholz

Hello, I have a question. We have a medical agency that arranges for CIS patients to be referred to Germany. In February 2007, we had a patient who underwent surgery in Munich. All clinical bills were in the amount of 11,009.05 euros, unfortunately we stated a total amount of 13,550.00 euros in the final invoice. This week the patient came to us and complained about the bill from March 12, 2007.

In our contract it states:
3. Payment terms.
3.1. The "Customer" makes a 100% advance payment of the value of medical services according to the invoice provided by "Medtour Service" within five bank days from the signing of the present contract.
3.2. "Medtour Service" carries out billing with medical facilities for medical services provided to the patient independently.
3.3. The "Customer" makes a 100% advance payment of the value of additional services provided under the present contract (Pos.2.1.6.).
3.4. If circumstances arise during the provision of medical services to the patient that require continuation of outpatient or inpatient examination and/or treatment or the provision of additional medical services, "Medtour Service" will notify the "Customer" within three days of the occurrence of such circumstances and send them the additional calculation and invoice for payment. If the "Customer" agrees to the additional calculation, the "Customer" pays the invoice provided by "Medtour Service" within three bank days. Otherwise, "Medtour Service" guarantees the departure of the patient and their companions and informs the "Customer" of the departure date.
3.5. In case of a justified threat to the patient's life and health, "Medtour Service" is authorized to organize the provision of necessary medical services to the patient at the expense of the "Customer" and without additional coordination with them based on medical indications, which the "Customer" must pay within five bank days of receiving the invoice from "Medtour Service".
3.6. In case of underutilization of the funds transferred by the "Customer" under the present contract, the remainder of these funds will be refunded to the "Customer" by "Medtour Service" within 30 days after the completion of the provision of medical services.

What deadlines apply in this case? Can he complain about the bill after 2 years?
Thank you
Harasim

Andreas Scholz

Dear inquirer,

The patient actually paid you more than you were entitled to demand.

As a result, the patient is generally entitled to a refund of the overpaid amount.

The right to reclaim the repayment has not yet expired. The regular limitation period of three years applies here. The limitation period begins at the end of the year in which the claim arose, § 199 (1) BGB, in your case on 1.1.08. Limitation therefore occurs in your case on 31.12.2010.

I could not find any agreement in the excerpt of your terms and conditions regarding the simplification of the limitation period. In particular, even if the limitation period were possibly shortened to one year, this would not lead to the claim being time-barred, but rather the limitation would still end on 31.12.09.

Therefore, the customer's request for reimbursement is legitimate.

I hope this information is helpful. If you have any questions, feel free to ask.

Best regards,

Andreas Scholz, Attorney