GAT – TERMS AND CONDITIONS for Alternative/Complementary Therapists

Prepared on April 1, 2019 in Zoetermeer

 

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

                                 

  1. Applicability
  2. These terms and conditions apply to and form part of all current and future offers, agreements and other actions aimed at any legal effectBODY BRAIN HEALTH CLINIC (registered in the trade register of the Chamber of Commerce under number BODY BRAIN HEALTH CLINIC ) or (one of) its owners / director(s), hereinafter referred to as “ BODY BRAIN HEALTH CLINIC ”, is involved, as well as all consequences thereof.
  3. 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 from such an explicit and written deviation for future agreements.
  4. Other general terms and conditions, including those of the patient/client, however stated or referred to, do not apply to the legal relationship between the parties and are rejected in advance.

 

  1. Concepts

In this agreement the following definitions apply:

  1. Healthcare provider: therapist (natural or legal person) who is affiliated with a(or more) recognized professional organization(s).BODY BRAIN HEALTH CLINIC ;
  2. Agreement: closed(treatment) agreement between the healthcare provider and the patient/client
  3. Parties: Healthcare provider and patient/client (also called counterpartyj)
  4. Wkkgz: Healthcare Complaints and Disputes Quality Act.

 

  1. Acceptance of orders

All offers from the healthcare provider are without obligation and revocable, even if a term is stated for which the offer applies. When information is provided verbally, 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 a written acceptance of the price agreement by the patient/client or a verbal confirmation. If changes are made here by the patient/client, the agreement will only be concluded after the healthcare provider has agreed to those changes in writing.

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

 

  1. Duration of agreement and dissolution
  2. Unless otherwise stated 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 (also tacitly) in consultation between both parties.
  3. Each of the parties is, without prejudice to the right to compensation for costs, damage and interest, entitled to terminate the agreement without judicial intervention with immediate effect by registered letter if;

–           The other party has failed to fulfill one or more of its obligations and is negligent to fulfill its obligations within a period set for compliance by registered letter, unless the shortcoming(s) is of such a nature or minor significance that it reasonableness does not justify dissolution.

–           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.

  1. Any right of the patient/client to offset any claims against the healthcare provider against any claim of the patient/client against the healthcare provider is expressly excluded. The healthcare provider has the right and authority at all times to offset any claims it has on the patient/client against any claims the patient/client has on the healthcare provider.

 

  1. Cancellation
  2. Cancellation of appointments arising from an agreement must be made no later than 48 hours before the agreed time.
  3. The following cancellation conditions apply to the cancellation of appointments.

–           If you cancel up to 24 hours before the start, the patient/client will not owe any costs.

–           If you cancel 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 owe any costs if the consultation is postponed up to 48 hours before the start of the appointment, within 48 hours before the start of the appointment 50% of the amount for the appointment and within The full amount must be paid 24 hours before the start of the appointment.

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

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

 

  1. Confidentiality, file management and right of access.
  2. The healthcare provider will treat all information regarding 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.
  3. The healthcare provider will impose a duty of confidentiality as described in paragraph 1 on his/her employees and any third parties engaged in the performance of services.
  4. The healthcare provider will provide reports on treatments/treatment processes upon request of the patient/client, taking into account the GDPR.

 

  1. Force majeure

If the healthcare provider cannot fulfill its obligations under the agreement, or cannot do so on time or properly, as a result of a cause that cannot be attributed to it, including (but not limited to): stagnation in the regular course of events within the organization of the healthcare provider, illness of (one of the) persons charged with the execution of the agreement, etc., the obligations of the healthcare provider are suspended until the moment at which it is able to fulfill those obligations.

 

  1. Billing and Payment
  2. All prices are in Euros (€). All prices include VAT / sales tax, unless it is expressly stated that this is not included.
  3. Services for private patients/clients must be paid to the therapist/naturopathic doctor immediately after the service has been provided upon consultation of an invoice.
  4. Services for patients/clients other than private individuals will be charged by the healthcare provider by means of an invoice as agreed.
  5. Invoicing takes place on the basis of the rates and numbers of transactions agreed between the parties at the start of the service.
  6. Unless otherwise agreed in writing, the patient/client must pay the healthcare provider within 14 days of the invoice date, without any claim for settlement.
  7. If one or more price factors increase after the date of conclusion of the agreement, the healthcare provider is entitled to increase the agreed price accordingly.
  8. The healthcare provider is entitled to increase the agreed price every year.
  9. If there is a process, the parties can agree in writing on payment in installments.
  10. If the payment term is exceeded, the patient/client is 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 a timely manner of the aforementioned suspension of his/her services. The patient/client owes 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.

 

  1. Liability
  2. There is a best efforts obligation in the performance of the healthcare provider’s services.
  3. The healthcare provider does not provide a (medical) guarantee in any way, nor is she/he liable in any way for (medical) complications that occur to the patient/client at the time or after the performance of the service, which are not attributable to to a serious attributable shortcoming on the part of the healthcare provider.
  4. The healthcare provider is in no way liable for consequential damage.
  5. 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.
  6. 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 treatment.
  7. 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.
  8. The healthcare provider is in no way liable for the quality and composition of the aids, supplements, medicines, etc. recommended by him/her.

 

  1. Governing Law and Disputes
  2. Dutch law applies to the services provided by the healthcare provider.
  3. In disputes arising from or related to the services of the healthcare provider, only the court has jurisdiction to hear the dispute.

    11. Other provisions

  4. If one or more articles of the current general terms and conditions are declared null and void, this will not affect the validity of the other articles of the current 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 caused directly or indirectly by the information on this website. For treatment that is tailored to your own situation, ask for advice from a regular doctor or a therapist 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 healthcare. 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 by GAT free of charge with therapists affiliated with the 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. The aim of GAT is to commit itself unpaid to the professionalization of complementary care in the Netherlands. Copyright https://gatgeschissen.nl/. The GAT reserves the right to claim damages for any breaches of this copyright as well as the use of this document without references to the GAT.

Note from GAT committee member Mr. Suzanne van Dijsseldonk:

“The use of this document is at your own risk and I recommend that you seek legal advice regarding any adjustments and/or advice regarding its use.”