Terms and conditions
The official terms and conditions of VATAN kliniek B.V., filed with the Chamber of Commerce in Amsterdam.
General
This is a courtesy translation. The Dutch version of these terms and conditions is legally binding.
Of: VATAN kliniek B.V. Bijlmerdreef 1169 1103 TT Amsterdam And the clinics and independently practising doctors and nurses affiliated with it, filed on 1 October 2010 with the Chamber of Commerce in Amsterdam.
Article 1. Definitions
In these terms and conditions, the following definitions apply:
A. clinic: VATAN kliniek B.V. and the clinics and independently practising doctors and nurses affiliated with it.
B. Agreement: all agreements concerning a treatment concluded by the clinic with a patient. If the patient is a minor, the agreement applies between the clinic and the parents.
C. patient: the person who concludes an agreement with the clinic.
a. Minor: Those who have not reached the age of eighteen years
b. Adult: Those who have reached the age of eighteen years
D. Parents: The parent(s) or guardian who may and must exercise authority over the minor patient as regulated in Book 1, Title 14 of the Dutch Civil Code.
E. Treatment: all medical treatments performed in the clinic, in particular circumcisions.
F. Intake: An introductory consultation with a patient prior to the treatment, if the doctor feels called upon to conduct one.
G. Consultation: An appointment to speak with a doctor of the clinic without the aim of undergoing a treatment, for example a “second opinion”.
H. Follow-up check: The appointment that takes place after the treatment.
I. In writing: In these terms and conditions, in writing is also understood to mean: by email, by fax or any other means of communication which, in view of the state of technology and the standards generally accepted in society, can be considered equivalent thereto.
J. Family members up to the 2nd degree: spouse, the person with whom the insured permanently cohabits in fact or in law, any other person forming part of the household, parents(-in-law), children, brothers(-in-law), sisters(-in-law), grandparents and grandchildren.
K. Illness: a deterioration of health that makes the performance of the treatment medically impossible at that time.
L. Accident: a sudden event, the cause of which lies outside the body of the insured and which causes physical injury, established by a recognised physician, that makes the performance of the treatment medically impossible for the first three months.
Article 2. Applicability
1. These terms and conditions apply to all agreements concluded with the patient by the clinic and by the independently practising medical specialists affiliated with it, insofar as these activities are carried out within the framework of the clinic.
2. The two parties referred to in the first paragraph of this provision must inform the patient of the existence of these terms and conditions and of their applicability to the agreements to be concluded with him. At the patient's request, the terms and conditions are available at all times and will, if desired, be sent to him free of charge.
3. Deviating terms and conditions only form part of the agreement concluded between the parties if and insofar as both parties have expressly agreed to this in writing.
4. The acceptance and retention by the patient, without objection, of an appointment confirmation that refers to these terms and conditions constitutes consent to their application.
5. The possible inapplicability of a (part of a) provision of these terms and conditions does not affect the applicability of the remaining provisions.
6. Additions or amendments to the terms and conditions, or other amendments or additions to the Agreement, only become binding after written confirmation by the patient.
Article 3. Agreements
1. Agreements may be concluded both verbally and in writing/digitally.
2. Verbal appointments only bind the patient after they have been confirmed in writing by the clinic by means of an appointment confirmation.
3. The appointment confirmation is sent as soon as possible, but no later than 1 week before the treatment.
4. Appointments made less than 4 working days before the treatment do not, in principle, receive an appointment confirmation on paper. In that case, the necessary details are provided by telephone or digitally.
5. The patient is obliged to check the appointment confirmation immediately upon receipt. You are responsible for the accuracy of your own details.
Article 4. Identification and consent
1. Minor patient:
a. Both parents of the patient must be present at the treatment. One of the parents is sufficient, provided that a signed written letter from the other parent is brought along, together with a copy of that parent's valid proof of identity, expressly stating that he/she consents to his/her son being circumcised in our clinic and that he or she authorises the other parent to act on his/her behalf. The clinic is entitled to suspend the agreement if this condition is not met.
b. Every patient and both of the patient's parents must be able to identify themselves at the clinic's first request with a legally recognised proof of identity. If the patient and both of his parents cannot show such proof of identity when requested, the clinic is entitled to suspend the agreement.
c. Before the treatment, both parents of the patient must sign the letter “information and consent”. In the case of an authorisation as described in paragraph 1 sub a of this article, one parent is sufficient. In the event of refusal, the clinic is entitled to suspend the agreement.
2. Adult patient
a. Every patient must at all times be able to identify himself at the clinic's first request with a legally recognised proof of identity. If a patient cannot show such proof of identity when requested, the clinic is entitled to suspend the agreement.
b. Before the treatment, every patient must sign the letter “information and consent”. In the event of refusal, the clinic is entitled to suspend the agreement.
3. Every patient with a medical indication must at all times, at the clinic's first request, provide valid proof of his health insurance. The insurance policy that is valid on the date of the treatment appointment is sufficient.
Article 5. Cancellation and suspension
1. Consultations and intake appointments leading up to treatment, and treatments, that are cancelled 48 hours or less before the appointment concerned, or that are not cancelled and the patient does not appear, are regarded as a failure to attend and give cause for charging costs.
2. The patient must be present well in advance of the appointment at the clinic. If the patient arrives at the clinic more than fifteen minutes after the start of the scheduled appointment, this is regarded as a failure to attend.
3. Unless proven otherwise, the clinic's records serve in this respect as full proof that such an appointment was made.
4. In the event of a failure to attend a consultation, intake or treatment, at least 25% of the applicable fee will be charged.
5. By way of exception to paragraph 1, the patient has the right to postpone the appointment for one of the following reasons:
a. illness of the patient that makes the performance of the treatment possible within three months;
b. if the patient is an adult: death, illness or accident involving danger to life, or hospitalisation (minimum 48 hours) of a family member up to the 2nd degree, where the presence of the patient is required;
c. if the patient is a minor: death, illness or accident involving danger to life, or hospitalisation (minimum 48 hours) of a family member up to the 2nd degree, where the presence of one of the patient's parents is required;
6. By way of exception to paragraph 1, the patient has the right to cancel the appointment for one of the following reasons:
a. illness of the patient that makes the performance of the treatment impossible within three months;
b. death of, or an accident involving, the patient.
7. The clinic's doctor may decide, during or before the treatment, to suspend or cancel the agreement on medical grounds. If the clinic cancels the treatment appointment on medical grounds, consultation costs will always be charged.
8. Termination or suspension of the agreement is possible if the patient and/or the accompanying family and acquaintances behave improperly or offensively towards the clinic, its employees, the volunteers working there and/or towards fellow patients and their family and acquaintances present in the clinic. In the event of termination, the costs of the treatment are for the account of the patient/parents.
9. If a suspension as listed in paragraphs 5 and 7 of this article is followed by a cancellation, costs will still be charged as provided for in paragraph 4 of this article.
Article 6. Fees
1. The clinic reserves the right to change the fees for the treatment without further notice. The new fees apply from the moment they are announced. If statutory price regulations apply to a treatment, pricing takes place in accordance with the applicable price regulations of the Dutch Healthcare Authority (Nederlandse Zorgautoriteit) or any other body legally designated for that purpose.
2. The fees applicable at that time are stated at the time of the verbal or written agreement.
3. Different fee arrangements may have been made per health insurance. The correct fee is charged after you present your insurance card on the day of the treatment.
4. For the agreement concluded with the patient, price increases may be passed on or charged 3 months after the conclusion of the agreement. In the event of price increases within a period shorter than 3 months, the patient is entitled to dissolve the agreement.
5. Fees shown in advertisements, on the website and in brochures are as accurate as possible, but serve as an indication only. No rights can be derived from them, unless the parties have expressly agreed otherwise in writing.
6. The patient must discuss any contributions from health insurance policies with his health insurer. The clinic is not responsible for any arrangements made between the patient and his health insurer.
Article 7. Payment
1. Subject to exceptions, the patient must pay the invoice before the treatment, in cash/by debit card on site or by transfer to bank account NL79 RABO 01232.17.830 (at least 1 week in advance).
2. Only after payment has been made in accordance with the previous paragraph will the actual treatment be carried out.
3. Any contributions from health insurers towards the treatment must be claimed by the patient himself. As stated in Article 5 paragraph 6, the clinic is not responsible for these contributions.
4. An exception may be that the invoice is sent directly to the patient. The patient is requested to pay this invoice within 14 days of the invoice date, unless the parties have expressly agreed otherwise in writing.
5. By the mere fact that the clinic has not received the full amount of the invoice by the due date of the invoice, the patient is in default without any notice being required.
6. If the invoice has not been paid in full after the expiry of the period referred to in paragraph 1 of this article, the following applies:
a. all costs to be incurred by the clinic in connection with collection, both judicial and extrajudicial costs, are furthermore for the account of the patient.
b. the patient will owe the clinic default interest of 2% per month, calculated cumulatively on the principal sum. Parts of a month are regarded as full months in this respect;
c. after having been given notice to that effect by the clinic, the patient will owe, in respect of extrajudicial costs, at least 15% of the sum of the principal and the default interest, with an absolute minimum of € 150,00;
d. the clinic has the right to charge the patient an amount of at least € 20,00 in administration costs for each payment reminder, demand for payment and the like sent to the patient. The clinic will state this in the agreement and/or on the invoice.
e. in the event of judicial intervention, the assessed costs of the proceedings are also for the account of the patient, in addition to the extrajudicial costs.
f. insofar as the clinic is obliged to pay turnover tax (VAT) on the collection costs, the stated collection costs are increased accordingly.
Article 8. Examination, complaints
1. In the event of complaints by patients about the clinic, the patient contacts the clinic. The complaints procedure and information can be requested from the clinic's secretariat and can be found on the website.
2. Complaints must be reported by the patient in writing to the clinic's independent complaints committee within 8 days of discovery, but no later than 14 days after completion of the treatment. The notice of default must contain as detailed a description of the shortcoming as possible, so that the clinic is able to respond adequately.
3. If a complaint is well-founded, the clinic will still perform the treatment as agreed, unless this has demonstrably become pointless for the clinic. The latter must be communicated by the clinic in writing.
4. If it is no longer possible or meaningful to still perform the treatment, the clinic will only be liable within the limits of Article 10.
Article 9. Liability
1. The clinic will perform its work to the best of its ability and in doing so will observe the care that may be expected of the clinic. However, the clinic is never liable for damage, of whatever nature, resulting from the patient having provided the clinic with incorrect or incomplete information. Furthermore, the patient indemnifies the clinic against claims by third parties for damage that in any way results from this.
2. The clinic will do everything in its power to secure stored data, material and/or information belonging to the patient, but the clinic accepts no liability whatsoever for any loss of such data, material and/or information.
3. The clinic is not liable for damage caused by intent or equivalent gross negligence on the part of non-managerial staff.
4. The clinic is not liable for damage to, loss of or destruction of objects, materials or data made available to it for, by or on behalf of the patient. This also applies if materials or data are damaged or lost during transport or shipment of material or data.
5. The clinic is not liable for damage in connection with the non-fulfilment of any obligation under the agreement if it is prevented from fulfilling it as a result of a non-attributable failure. A non-attributable failure exists, among other things, if the clinic is unable to fulfil its obligations towards the patient as a result of a non-attributable failure of third parties whose assistance the clinic uses in the performance of the agreement, or as a result of a failure of suppliers, couriers, or postal and/or telecommunications services.
6. Any liability of the clinic is limited to the amount paid out in the case concerned under the professional liability insurance taken out by the clinic, increased by the amount of the excess that, under the policy conditions, is not borne by the insurer.
7. The patient cannot invoke set-off if the patient's counterclaim is disputed by the clinic on good grounds.
Article 10. Confidentiality and privacy
1. The clinic undertakes to keep confidential the personal and medical data relating to the examination and treatment performed for the patient and will not disclose these to third parties, other than as a result of a legal obligation or a court order.
2. Patients undertake to keep confidential all confidential information they have obtained from the clinic within the framework of the agreement or from other sources. Information is regarded as confidential if this has been communicated by the clinic or if this follows from the nature of the information.
3. The clinic keeps the patient's data and any results in a so-called medical file. The generally applicable statutory provisions apply to this. Access to the medical file can only be obtained by the patient by means of a written request and after payment of the administration costs due.
4. The clinic ensures careful patient administration. The patient declares that the personal details and any applicable insurance details provided by him are correct.
Article 11. Bankruptcy, lack of power of disposition, etc.
1. In the event of (an application for) (provisional) suspension of payments or (an application for) bankruptcy of the patient, all agreements with the patient will be dissolved by operation of law.
2. The provisions of paragraph 1 of this article do not affect the clinic's other rights under the law and the agreement.
3. If an event as referred to in paragraph 1 of this article occurs, then respectively (i) all claims of the clinic against the patient under the agreement(s) concerned and (ii) all claims of the clinic against the patient are immediately due and payable in full, and the clinic is entitled to discontinue its services.
Article 12. Force majeure
1. If performance of that to which the patient is bound under the Agreement concluded with the clinic is not possible and this is due to a non-attributable failure to perform on the part of the patient, and/or on the part of third parties or suppliers engaged for the performance of the agreement, or in the event that another compelling reason arises on the part of the patient, the patient is entitled to dissolve the agreement concluded between the parties, or to suspend the fulfilment of his obligations towards the clinic for a reasonable period to be determined by him, without being liable for any compensation. If a situation as referred to above occurs when the agreement has already been partly performed, the clinic is obliged to fulfil its obligations towards the patient up to that moment.
2. Circumstances in which there will be a non-attributable failure to perform include, among others: war, riots, mobilisation, domestic and foreign disturbances, government measures, strikes and lockouts by workers or the threat of these and similar circumstances; disruption of the currency relationships existing at the time the agreement was entered into; business interruptions due to fire, accident or other incidents and natural phenomena, all irrespective of whether the failure to perform, or the failure to perform on time, occurs at the patient, his suppliers or third parties engaged by him for the performance of the obligation.
Article 13. Intellectual property and copyright
1. Without prejudice to the other provisions of these Terms and Conditions, the clinic reserves the rights and powers to which the clinic is entitled under the Dutch Copyright Act.
2. All documents provided by the clinic, such as advice, agreements, sketches, instructions, brochures, etc., are intended exclusively for use by the patient and may not be reproduced, published or disclosed to third parties by him without the prior consent of the clinic, unless the nature of the documents provided dictates otherwise.
Article 14. Transfer of rights and obligations
1. Patients may not transfer rights and obligations under the Agreement to third parties other than with the written consent of the clinic.
Article 15. Applicable law/competent court
1. The agreement concluded between the patient and the clinic is governed exclusively by Dutch law. Disputes arising from the agreement will likewise be settled in accordance with Dutch law.
2. All disputes will, insofar as not otherwise prescribed by mandatory law, be submitted exclusively to the competent court.
These terms and conditions were drawn up on 1 January 2010 and are valid for an indefinite period.
All rights reserved by VATAN kliniek