General Terms and Conditions


GAT - GENERAL TERMS AND CONDITIONS for Alternative / Complementary Therapists

Drawn up on April 1, 2019 in Zoetermeer

Drawn up in the first months of 2019 by Mr. Suzanne van Dijsseldonk, GAT committee member . Copyright: https://gatgeschillen.nl/

1. Applicability

a. These terms and conditions apply to and form part of all current and future offers, agreements and other acts aimed at any legal consequences in which Practice Deluxe (registered in the trade register of the Chamber of Commerce under number 90315863) or (one of) its owner(s) / director(s), hereinafter referred to as “Practice Deluxe”, is involved, as well as all consequences thereof.

b. Deviations from these general terms and conditions are only valid to the extent that these deviations have been expressly agreed in writing between the parties. The client cannot derive any rights for future agreements from such an express and written agreed deviation.

c. Other general terms and conditions, including those of the patient/client, however they are stated or named, do not apply to the legal relationship between the parties and are rejected in advance.

2. Definitions

In this Agreement the following terms shall have the following meanings:

a. Healthcare provider: therapist (natural or legal person) who is affiliated with one (or more) recognized professional organization(s) called Praktijk Deluxe;

b. Agreement: concluded (treatment) agreement between the healthcare provider and the patient/client

c. Parties: Healthcare provider and patient/client (also referred to as the counterparty)

d. Wkkgz: Healthcare Quality, Complaints and Disputes Act.

3. Acceptance of orders

All offers from the healthcare provider are without obligation and revocable, even if a term is stated for which the offer is valid. In the case of oral information provision, an offer is only deemed to have been made once it has been confirmed in writing by the healthcare provider.

An agreement is concluded by written acceptance of the price agreement by the patient/client or verbal confirmation. If changes are made to this by the patient/client, the agreement is only concluded after the healthcare provider has agreed to these changes in writing.

An agreement can concern either a single treatment or a series of treatments.

4. Duration of agreement and termination

a. Unless otherwise specified in the agreement, it is entered into for the duration of a course or individual treatment. After the agreed contract period has expired, the agreement can be extended in consultation between both parties (also tacitly).

b. Either party shall, without prejudice to the right to compensation for costs, damages and interest, be entitled to terminate the agreement without judicial intervention with immediate effect by registered letter if:

- The other party has failed to fulfil one or more of its obligations and has failed to fulfil its obligations within a period set for fulfilment by registered letter, unless the shortcoming(s) is (are) of such a nature or minor significance that it does not reasonably justify termination.

- Bankruptcy or suspension of payments is requested or granted for the other party, or measures are taken that indicate termination or cessation of the company.

c. Any right of the patient/client to offset any claims he may have against the healthcare provider with any claim the patient/client may have against the healthcare provider is expressly excluded. The healthcare provider shall at all times have the right and authority to offset any claims it may have against the patient/client with any claims the patient/client may have against the healthcare provider.

5. Cancellation

a. Cancellation of appointments resulting from an agreement must be made no later than 48 hours before the agreed time.

b. The following cancellation conditions apply to cancellation of appointments.

- In case of cancellation up to 48 hours before the start, the patient/client will not be charged any costs.

- In case of cancellation 24 hours before the start of a consultation, the patient/client owes 50% of the appointment amount.

- In case of cancellation within 24 hours before the start of a consultation, the patient/client owes 100% of the amount for the appointment.

- If a consultation is postponed to a later date at the request of a patient/client, the patient/client will not be charged any costs up to 48 hours before the start of the appointment, 50% of the amount for the appointment within 48 hours before the start of the appointment and the full amount within 24 hours before the start of the appointment.

- If cancellation does not take place or takes place too late, the healthcare provider is entitled to charge for the relevant service(s), without prejudice to the right to payment of all costs incurred by him/her in this regard.

- The healthcare provider is reasonably entitled to change an appointment that has already been scheduled.

6. Confidentiality, file management and right of inspection.

a. The healthcare provider will treat all information concerning the patient/client that he/she obtains in the performance of his/her services confidentially and will not provide this information to third parties, except to the extent that the healthcare provider is obliged to do so or the healthcare provider has obtained permission.

b. The healthcare provider will impose a duty of confidentiality as described in paragraph 1 on his/her employees and any third parties involved in the performance of services.

c. The healthcare provider will provide reports on treatments/treatment pathways at the request of the patient/client, in compliance with the GDPR.

7. Force Majeure

If the healthcare provider is unable to fulfil its obligations under the agreement, or is unable to fulfil them in a timely or proper manner, due to a cause that cannot be attributed to it, including but not limited to: stagnation in the regular course of business within the healthcare provider's organisation, illness of (one of) the persons charged with the performance of the agreement, etc., the healthcare provider's obligations will be suspended until such time as it is able to fulfil those obligations.

8. Billing and payment

a. All prices are in Euros (€). All prices include VAT / sales tax, unless explicitly stated that this is not included.

b. Services for private patients/clients must be paid by the client to the therapist/naturopath immediately after the service has been provided, upon presentation of an invoice.

c. Services provided to patients/clients who are not private individuals will be invoiced by the healthcare provider by means of an invoice as agreed.

d. Invoicing will take place on the basis of the rates and number of services agreed between the parties at the start of the service provision.

e. Unless otherwise agreed in writing, the patient/client must pay the healthcare provider within 14 days of the invoice date, without any right to offset.

f. If one or more price factors increase after the date on which the agreement was concluded, the healthcare provider is entitled to increase the agreed price accordingly.

g. The healthcare provider is entitled to increase the agreed price every year.

h. If a trajectory is involved, the parties may agree in writing on payment in installments.

i. If the payment term is exceeded, the patient/client will be in default without notice of default being required. The healthcare provider is entitled to suspend his/her obligations to provide services with effect from the date on which the payment term has expired. The healthcare provider will inform the patient/client in good time of the aforementioned suspension of his/her services. The patient/client will owe statutory interest on the outstanding amount with effect from the aforementioned date. Furthermore, all extrajudicial collection costs will be borne by the patient/client. Collection costs include the costs of lawyers, bailiffs and collection agencies, determined in accordance with the applicable or customary rates.

9. Liability

a. When performing the services provided by the healthcare provider, there is an obligation to make an effort.

b. The healthcare provider does not provide any (medical) guarantee in any way, nor is he/she liable in any way for (medical) complications that occur in the patient/client at the time of or after the provision of the service, which are not attributable to a serious attributable shortcoming on the part of the healthcare provider.

c. The healthcare provider is in no way liable for consequential damage.

d. The healthcare provider is not liable to the extent that damage results from the fact that the patient/client has not properly followed oral or written advice from the healthcare provider.

e. The liability of the healthcare provider for damage resulting from the services provided by him/her - possibly with the involvement of non-subordinates - is limited to a maximum of the costs of one treatment.

f. In all cases, any liability of the healthcare provider is limited to the amount charged to the patient/client, or to a maximum of the amount covered by the liability insurance taken out by the healthcare provider.

g. The healthcare provider is in no way liable for the quality and composition of the aids, supplements, medicines, etc. recommended by him/her.

10. Applicable law and disputes

a. Dutch law applies to the services provided by the healthcare provider.

b. In disputes arising from or related to the services provided by the healthcare provider, only the court has jurisdiction to hear such dispute.

11. Other provisions

a. If one or more articles of these general terms and conditions are declared null and void, this shall not affect the validity of the remaining articles of these general terms and conditions.

DISCLAIMER

The information on the current website is not a personal treatment plan for the visitor. No rights can be derived from the content shown, nor is the owner of the website liable for damage that directly or indirectly arises from the information on this website. For a treatment that is tailored to your own situation, ask for advice from a regular doctor or a therapist who is recognized by a professional organization recognized by the GAT. The treatments offered on the current website fall under the heading of alternative and/or complementary care. This does not replace the diagnosis, care and/or nursing of regular health care. The texts on this website are subject to copyright and cannot be used or copied without the permission of the owner.



NB:


This document 'GAT - general terms and conditions' is shared free of charge by GAT with therapists affiliated with GAT. The use of this document is at the therapist's own risk; GAT is not liable for its use. GAT also shares this document with other therapists if this has been agreed in writing with GAT. GAT's aim is to make an unpaid effort to professionalize complementary care in the Netherlands. Copyright https://gatgeschillen.nl/ . GAT reserves the right to claim damages for determining any breaches of this copyright as well as the use of this document without references to GAT.

Note from GAT committee member Mr. Suzanne van Dijsseldonk:

''Use of this document is at your own risk and I recommend seeking legal advice regarding any modification and/or advice regarding its use.''