Terms and Conditions
TERMS AND CONDITIONS
From:
VATAN clinic BV
Bijlmerdreef 1169
1103 TT Amsterdam
And the associated clinics and independent doctors and nurses, filed October 1, 2010 with the Chamber of Commerce in Amsterdam.
Definitions
In these general terms and conditions the following definitions apply:
A. clinic: VATAN kliniek BV and the associated clinics and independent doctors and nurses.
B. Agreement: all agreements concluded by the clinic with a patient regarding a treatment. If the patient is a minor, the agreement between the clinic and the parents applies.
C. patient: the person who enters into 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: Introductory conversation before the treatment with a patient if the doctor feels called to enter into this.
G. Consultation: An appointment to see a doctor from the clinic without the purpose of undergoing treatment, for example a “second opinion”.
H. Follow-up: The appointment that takes place after the treatment.
I. In writing: In these general terms and conditions, in writing is also understood to mean: by e-mail, by fax or any other form of communication that can be equated with this in view of the state of the art and the prevailing views in society .
J. Family members up to the 2nd degree: husband/wife, the person with whom the insured lives permanently in fact or in law, any other person forming part of the family, parents (in-law), children, brothers (in-law), (in-law) ) sisters, grandparents and grandchildren.
K. Illness: a deterioration in health that makes it medically impossible to carry out the treatment at that time.
L. Accident: a sudden event, the cause of which is outside the insured person's organism and which causes a physical injury, established by a recognized physician, which makes it medically impossible to carry out the treatment for the first three months.
Applicability
1. These terms and conditions apply to all agreements concluded with the patient by the clinic and its affiliated independent medical specialists, insofar as these activities are performed within the framework of the clinic.
2. Both parties referred to in the first paragraph of these explanatory notes must inform the patient of the existence and applicability of these general terms and conditions to the agreements to be concluded with him. At the request of the patient, the general terms and conditions are available at any time and, if desired, they will be sent to him free of charge.
3. Different 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 undisputed acceptance and retention by the patient of an appointment confirmation, on which reference is made to these conditions, constitutes consent to its application.
5. The possible non-applicability of a (part of a) provision of these general terms and conditions does not affect the applicability of the other provisions.
6. Additions or changes to the general terms and conditions or other changes or additions to the Agreement only become binding after written confirmation by the patient.
Similarities
1. Agreements can be concluded verbally as well as in writing/digitally.
2. Verbal agreements only bind the patient after they have been confirmed in writing by the clinic by means of an appointment confirmation.
3. The appointment confirmation will be 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 will in principle not receive an appointment confirmation on paper. In this case, the necessary information will be provided by telephone or digitally.
5. The patient is obliged to check the appointment confirmation immediately upon receipt. You are responsible for the correctness of your data.
Legitimation and permission
1. Minor patient:
a. Both parents of the patient must be present during the treatment. One of the parents is sufficient, provided that a written signed letter from the other parent is brought along with a copy of his/her valid proof of identity in which it is explicitly stated that he/she gives permission for his/her son to be circumcised in our clinic and that he/she other parent authorized to act on his/her behalf. The clinic is entitled to suspend the agreement if this condition is not met.
b. Each patient and both parents must be able to identify themselves at the clinic's first request with a legally recognized proof of identity. If the patient and both parents are unable to show such proof of identity upon request, the clinic is entitled to suspend the agreement.
c. Before the treatment, both parents of the patient must sign the “information and consent” letter. In the case of an authorization as discussed in paragraph 1 sub a of this article, one parent is sufficient. In case of refusal, the clinic is entitled to suspend the agreement.
2. Adult patient
a. Each patient must always be able to identify himself at the clinic's first request with a legally recognized proof of identity. If a patient is unable to show such proof of identity upon request, the clinic is entitled to suspend the agreement.
b. Before treatment, each patient must sign the “information and consent” letter. In case of refusal, the clinic is entitled to suspend the agreement.
3. Every patient with a medical indication must always present valid proof of his health insurance at the clinic's first request. The insurance policy that is valid at the treatment appointment is sufficient.
Cancellation and Suspension
1. Consultation and intake conversations for treatment and treatments that are canceled 48 hours or less before the relevant appointment or are not canceled without the patient appearing, are considered absenteeism and are grounds for charging costs.
2. The patient must be present in good time for the appointment at the clinic. If the patient arrives at the clinic later than XNUMX minutes after the start of the scheduled appointment, this is considered an absence.
3. Barring evidence to the contrary, the clinic administration serves as full proof that such an appointment was made.
4. If a consultation, intake or treatment is missed, a minimum of 25% of the applicable rate will be charged.
5. As an exception to paragraph 1, the patient has the right to suspend the appointment for one of the following reasons:
a. illness of the patient that makes it possible to carry out the treatment within three months;
b. if the patient is of age: death, illness or accident with danger to life or hospitalization (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 life-threatening accident or hospitalization (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. As an 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 it impossible to carry out the treatment within three months;
b. death or accident of 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 for medical reasons, 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 inappropriately towards the clinic, its employees, the volunteers working there and/or towards fellow patients and their family and acquaintances present in the clinic. In case of cancellation, the costs for treatment are for the account of the patient/parents.
9. If a cancellation follows a suspension as listed in paragraphs 5 and 7 of this article, costs will still be charged as arranged in paragraph 4 of this article.
Rates
1. The clinic reserves the right to change the rates for the treatment without further notice. The new rates apply from the moment of publication. If legal price regulations apply to a treatment, the pricing will be in accordance with the applicable price regulations of the Dutch Healthcare Authority or any other body designated for that purpose by law.
2. The rates applicable at that time are stated in the oral or written agreement.
3. Different rate agreements may have been made for each health insurance policy. The correct rate will be charged upon presentation of your insurance card on the day of 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. Rates shown in advertisements, website and brochures are as accurate as possible, but are only indicative. No rights can be derived from this, unless the parties have expressly agreed otherwise in writing.
6. Any contributions from health insurance policies should be discussed with the patient's health insurer. The clinic is not responsible for any agreements made between the patient and his health insurer.
Payment
1. Barring exceptions, the patient must pay the invoice before the treatment in cash/pin payment on the spot 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 commence.
3. Any contributions from the health insurers to the treatment must be declared 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 date, unless the parties have expressly agreed otherwise in writing.
5. Due to the mere fact that the clinic has not received the full amount of the invoice on the due date of the invoice, the patient is in default without any notification.
6. If the invoice has not been paid in full after the term specified in paragraph 1 of this article has expired:
a. The patient will also be charged for all costs incurred by the clinic in connection with the collection, both judicial and extrajudicial costs.
b. the patient will owe the clinic a default interest of 2% per month, to be calculated cumulatively on the principal sum. Parts of a month are regarded as full months in this case;
c. after being summoned to do so by the clinic, the patient will owe a minimum of 15% of the sum of the principal sum and the default interest with an absolute minimum of € 150,00 with regard to extrajudicial costs;
d. the clinic has the right to charge the patient an amount of at least € 20,00 for administration costs for each payment reminder, reminder, etc. sent to the patient. The clinic will state this in the agreement and/or on the invoice. to report.
e. in the event of judicial intervention, in addition to the extrajudicial costs, the liquidated legal costs will also be borne by the patient.
f. insofar as the clinic is obliged to pay sales tax on the collection costs, the stated collection costs will be increased by this.
Research, commercials
1. In case of complaints from patients about the clinic, the patient turns to the clinic. The complaints procedure and information can be requested from the secretariat of the clinic and can be found on the website.
2. Complaints must be reported in writing by the patient to the independent complaints committee of the clinic within 8 days after discovery, but no later than 14 days after completion of the treatment. The notice of default must contain as detailed a description as possible of the shortcoming, 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 become demonstrably pointless for the clinic. The latter must be made known in writing by the clinic.
4. If performing the treatment is no longer possible or useful, the clinic will only be liable within the limits of Article 10.
Liability
1. The clinic will perform its activities to the best of its ability and will observe the due care that can be expected from the clinic. However, the clinic is never liable for damage, of any nature whatsoever, that is the result of the patient providing the clinic with incorrect or incomplete information. Furthermore, the patient indemnifies the clinic against claims from third parties due to damage resulting in one way or another.
2. The clinic will do everything in its power to secure stored data, material and/or data belonging to the patient, but the clinic does not accept any liability for the possible loss of this data, material and/or data.
3. The clinic is not liable for damage caused by intent or equivalent gross negligence by non-managerial staff.
4. The clinic is not liable for damage, loss 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 non-compliance with any obligation under the agreement if it is prevented from doing so as a result of a non-attributable shortcoming. A non-attributable shortcoming exists, among other things, if the clinic is unable to fulfill its obligations towards the patient as a result of a non-attributable shortcoming of third parties whose assistance the clinic uses in the implementation 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 that is paid out in the relevant case under the professional liability insurance it has taken out, plus the amount of the deductible that is not payable by the insurer according to the policy conditions.
7. A claim by the patient for set-off is not possible if the counterclaim of the patient is contested by the clinic on good grounds.
Secrecy and privacy
1. The clinic undertakes to maintain the confidentiality of the personal and medical data of the examination and treatment performed for the patient and will not disclose this to third parties, other than as a result of a legal obligation or court order.
2. patients undertake to maintain the confidentiality of all confidential information that they have obtained from the clinic or from other sources in the context of the agreement. Information is considered confidential if this has been communicated by the clinic or if this arises from the nature of the information.
3. The clinic stores the patient's data and any results in a so-called medical file. The generally applicable legal provisions apply to this. The patient can only inspect the medical file by submitting a written request and after payment of the administrative 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.
Bankruptcy, power of disposition, etc.
1. In the event of (application for) (provisional) suspension of payment, (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 other rights of the clinic under the law and the agreement.
3. If an event occurs as referred to in paragraph 1 of this article, respectively (i) all claims of the clinic against the patient under the relevant agreement(s) and (ii) all claims of the clinic against the patient are immediately and payable in full and the clinic is entitled to discontinue the provision of services.
Force Majeure
1. If compliance with what the patient is obliged to do under the Agreement concluded with the clinic is not possible and this is due to non-attributable non-compliance on the part of the patient and/or on the part of the third parties or suppliers engaged in the agreement, or in the event that another weighty reason arises on the part of the patient, the patient is entitled to dissolve the agreement concluded between the parties, or the fulfillment of his obligations towards the clinic during a to suspend a reasonable period to be determined by him without being obliged to pay any compensation. If the situation referred to above occurs when the agreement has already been partially executed, the clinic is obliged to fulfill its obligations towards the patient up to that time.
2. Circumstances in which there will be non-attributable non-compliance will include: war, riot, mobilisation, domestic and foreign disturbances, government measures, strikes and lockouts by workers or threats of such circumstances; disruption of the currency relations existing at the time of entering into the agreement; business interruptions due to fire, accident or other incidents and natural phenomena, irrespective of whether the non-compliance or late compliance occurs at the patient, his suppliers or third parties engaged by him for the performance of the obligation.
Intellectual Property and Copyrights
1. Without prejudice to the other provisions of these General Terms and Conditions, the clinic reserves the rights and powers accruing to that clinic under the Copyright Act.
2. All documents provided by the clinic, such as advice, agreements, sketches, instructions, brochures, etc., are exclusively intended for use by the patient and may not be reproduced, made public or disclosed by him without the prior consent of the clinic. brought to the attention of third parties, unless the nature of the documents provided dictates otherwise.
Transfer of rights and obligations
1. patients cannot transfer rights and obligations under the Agreement to third parties without written permission from the clinic.
Applicable law / competent court
1. The agreement concluded between the patient and the clinic is exclusively governed by Dutch law. Disputes arising from the agreement will also be settled under Dutch law.
2. Unless otherwise prescribed by law, all disputes will be exclusively submitted 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 clinic