The Schmalfeld-IT e.K.
Owner: Marco Wentsch
Telephone: 04191 99 49 028 offers its software to various operators of corona test centers (hereinafter referred to as “TzApp Test Center or TzApp Test Centers”).
As the operator of TzApp test centers, you are recognized by the Association of Statutory Health Insurance Physicians relevant federal states for carrying out tests to prevent the spread of the coronavirus SARS-CoV-2 (Corona rapid test) approved according to § 4 Coronavirus TestVO.
All TzApp test centers offer in accordance with the coronavirus test regulation of the Federal Ministry of Health from March 8th, 2021 for registered test persons Carrying out rapid corona tests, i.e. so-called PoC antigen test (point-of-care antigen tests) with which the presence of an infection with the so-called SARS-CoV-2 virus can be detected.I Registration in the test center to carry out rapid corona tests
ERegistration for Corona quick tests is done via the Tz-App registration software.
To identify the test persons, the following information must be provided when registering in the respective TzAp test center:
Surnames, first names, place of residence (i.e. street, house number, zip code, city), date of birth, e-mail, telephone number and ID passport number (Optional).
After completing the registration via the website of the test center, a barcode is displayed, which is then required for submission to the test center.
It is possible to register several test persons by providing the relevant information on other test persons and having the relevant documents available for identity verification at the test center.II. Carrying out the rapid corona test in the TzApp test centers 1. Checking the identity of the registered test person in the respective TzApp test center
Before the Corona rapid test with PoC antigen test is carried out, the identity of the registered test person is checked in the respective TzApp test center upon presentation of the registration code and ID card.2. Carrying out a rapid corona test and test result:
The rapid corona test is carried out by trained staff in the Tz-App test center using a nasal swab in the front of the nose.
The result of the rapid corona test is usually available after about 15 - 30 minutes and is then sent to the test person electronically as a PDF to the email address provided.
Test persons registered in the TzApp test center can have further rapid corona tests carried out upon presentation of the registration code and ID card.III. Obligation to report a positive rapid corona test to the health department
Positive results of the rapid corona test, which indicate the presence of an infection with the SARS-CoV-2 virus, must be reported to the responsible health authority. This means that if the test is positive, the TzApp test center is legally obliged to report the test person and the result of the test to the health department.
Terms and Conditions
Schmalfeld-IT e.K., Dorfstrasse 41a, 24640 Schmalfeld (provider) is the operator of the Tz app Corona Schnelltest administration software. The software is used by various test centers that carry out citizen tests within the meaning of Section 4a of the Coronavirus Test Ordinance of June 30th, 2022. The test center settles accounts with the Association of Statutory Health Insurance Physicians.
Test persons can register online with their personal data via the registration portal of the Tz-App test centers. Test persons can also register family members from their own household.
After entering and confirming their personal data, the test persons receive a personal QR code for themselves and, if necessary, for other persons.
To carry out the test, the test persons go to the check-in area to check in by scanning the barcode and presenting their photo ID. It is carried out at the provider's test centers by medically trained staff and usually takes less than a minute.
After the test has been completed, the test subjects can leave the test site. The results will be sent after approx. 15 - 30 minutes by e-mail in PDF format to the e-mail specified in the registration process.
§ 1 General Provisions
(1) These General Terms and Conditions (GTC) apply to the contractual relationship between the provider and the test subjects. The subject of the contract is the implementation of point-of-care antigen tests (PoC antigen tests).
(2) These GTC apply exclusively. Deviating, conflicting or supplementary terms and conditions of the test person only become part of the contract if and to the extent that the provider has expressly agreed to their validity in writing.
(3) Before concluding the contract, the test person must read the terms and conditions carefully.
(4) References to the validity of legal regulations are only of clarifying importance. Even without such a clarification, the statutory provisions apply unless they are directly modified or expressly excluded in these General Terms and Conditions.
(5) The version valid at the time the contract is concluded is decisive.
§ 2 Conclusion of contract
(1) The presentation of the offer of the individual test centers is not a legally effective offer within the meaning of §§ 145 ff. BGB, but merely a non-binding invitation to test persons to submit an offer. The sending of a personal QR code by the provider to the test person does not constitute a legally effective offer in this sense.
(2) By presenting the barcode in the check-in area of a test center, the test person offers the provider to conclude a contract to carry out a PoC antigen test. The provider accepts this offer by scanning the barcode.
(3) The test persons must have reached the age of 18. Minors can be registered by their legal representatives and must be accompanied by an adult during the test.
(4) In order for the contract to come about, the provider requires the surname, first name, place of residence (i.e. street, house number, postal code, city), date of birth, e-mail, mobile phone number and ID passport number (optional) of the test subjects. By submitting the data, the test person assures that it is complete and correct.
(5) There is no right to have PoC antigen tests carried out in the provider's test centers.
(6) The provider can refuse the test in particular if the test person provides the information required for the test to be carried out incorrectly, not at all or incompletely or does not follow the instructions of the provider's staff or does not follow them fully. The same applies if the test person does not comply or does not fully comply with the applicable hygiene regulations.
(7) No test will be carried out by the provider without presenting the barcode and a valid ID document.
§ 3 Contractual obligations of the provider
(1) The provider undertakes to carry out a PoC antigen test by trained personnel upon conclusion of a contract with the contracting party and to transmit the test result to the test person.
(2) The tests used by the provider are listed by the Federal Institute for Drugs and Medical Devices and meet the minimum criteria set by the Paul Ehrlich Institute in consultation with the Robert Koch Institute.
(3) The test result is usually available after approx. 15 - 30 minutes and is sent to the test person electronically by e-mail in PDF format to the e-mail address specified in the registration process.
§ 4 Obligations of the test persons
(1) The test person undertakes to have the PoC antigen test carried out by the staff without any problems.
(2) The test person undertakes to follow the instructions of the staff in full and to comply with the applicable hygiene regulations. During the entire stay in the test center, the test person must wear mouth and nose protection. This is only to be filed if expressly requested by the provider.
(3) The test person undertakes to create the technical conditions necessary for the test person to carry out the contract. In particular, the test person ensures that the test certificate sent by e-mail in PDF format can be accessed with a suitable, internet-enabled device. The provider is not obliged to provide any advice or support in creating the technical requirements for the execution of the contract on the part of the test person.
(4) The test person is obliged to contact the provider if the test certificate for the test result is not sent by email in PDF format within one hour after the test.
(5) The test person also undertakes to go into quarantine at home immediately if the test result is positive.
(6) The test person may not appear for the test if they have symptoms of illness. In the case of coronavirus SARS-CoV-2 symptoms, it is recommended to call the medical on-call service at 116117.
§ 5 Consent of the test person
(1) The sample for PoC antigen testing is collected from a nasal swab using a cotton swab inserted into the nose by provider personnel. Even if it is carried out carefully, injuries such as slight bleeding or irritation can occur in rare individual cases.
(2) A negative test result cannot definitely rule out an infection with the SARS-CoV-2 coronavirus.
(3) The test result only represents a snapshot and thus a health status at the time the test was carried out.
(4) The test person consents to the performance of the PoC antigen test with knowledge of the above.
(5) If people from the same household register, the test person undertakes to obtain the consent of the people from the same household for data transmission.
§ 6 Transmission of positive test results
(1) In the event of a positive test result, the provider is obliged in accordance with §§ 8 Paragraph 1 No. 2, 6 Paragraph 1 Clause 1 No. 1 t) or 7 Paragraph 1 Clause 1 No. 44a of the Infection Protection Act to transmit the personal data to the responsible health authority. If the test result is negative, no data is transmitted.
(2) The test person agrees that the data (name, address, date of birth, telephone number, e-mail address, ID/passport number) and the test result are stored and, in the event of a positive test result, passed on by the provider to the health department become.
§ 7 Liability of the Provider
(1) The provider is liable without limitation for damages that are based on an intentional or grossly negligent breach of duty by the provider or a legal representative or vicarious agent of the provider.
(2) The provider is also liable without limitation for the negligent breach of contractual obligations, the so-called cardinal obligations. Cardinal obligations are those obligations the fulfillment of which enables the proper execution of the contract and compliance with which the test subjects regularly trust or the violation of which jeopardizes the achievement of the purpose of the contract.
(3) In this case, however, the liability of the provider is limited to the foreseeable, contract-typical damage. The provider is not liable for the negligent breach of non-essential contractual obligations.
(4) In the case of injury to life, body and health, for a defect after a guarantee has been given for the quality of the product and for fraudulently concealed defects, the above limitations of liability do not apply. Furthermore, liability under the Product Liability Act remains unaffected.
(5) The provider's limitations of liability also apply to the personal liability of representatives and vicarious agents of the provider.
(6) The provider is not liable for incorrect or incomplete test results, provided that the tests were carried out properly and the incorrect test results are within the usual error rate for PoC antigen tests.
(7) In the event of false negative test results, the test person and third parties have no material or immaterial claims for recourse against the provider. In particular, the provider is not liable for further infections due to the false negative test result.
(8) In the event of false positive test results, the test person or third parties have no right of recourse against the provider. In particular, there are no material or immaterial claims for recourse due to loss of holiday enjoyment, additional travel or accommodation costs, further coronavirus SARS-CoV-2 tests that have become necessary. In particular, the test person's employer with the false positive test result has no right of recourse due to the test person's absences as a result of the false positive test result.
(9) Information on the provider's website only constitutes a guarantee in the legal sense if it is expressly marked as such. The duration of the PoC antigen test and the transmission of the result may vary depending on the specific circumstances in each individual case. In particular, the indication of approximate periods of time does not constitute a guarantee. The information is based on habitual values that are regularly achieved. No claims for recourse can be derived from a longer duration.
(10) The provider is not liable for delays in accessing the download link with the test result due to technical problems with the test person's end device. Furthermore, the provider is not liable for delays if the test person does not notify the provider that they have not received the test certificate for the test result in PDF format by e-mail.
§ 8 Data Protection
(1) The personal data resulting from the registration and from the use of the available services are only collected, stored and processed by the provider insofar as this is necessary for the contractual service provision and permitted by statutory provisions or ordered by the legislator.
(2) The provider undertakes to comply with all provisions of the General Data Protection Regulation, the Federal Data Protection Act and the Telemedia Act when handling personal data.
(3) Further information on data protection is regulated in the data protection regulations of the provider.
§9 Applicable law, place of jurisdiction
(1) German law applies to legal disputes. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If a test person 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 the contractual relationship between the test person and the provider is the seat of the provider.
§10 Final Provisions
(1) Contract language is German.
(2) The provider reserves the right to make changes to the general terms and conditions.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.
As of January 18, 2022