These terms and conditions apply to all treatment agreements concluded by BeterKliniek and by its affiliated physicians, nurses, therapists and coaches, with clients, insofar as these activities are carried out within the scope of the clinic. At the client's request, the general terms and conditions are available at any time and, if requested, will be sent to the client free of charge.
1. Definitions: In these general terms and conditions the following definitions apply: BeterKliniek: BeterKliniek in Geldrop and/or the independently affiliated medical practitioners, nurses, therapists and coaches working there. Treatment agreement: all agreements concluded by BeterKliniek with a client concerning treatment. Client: the counterparty of BeterKliniek when entering into an agreement. Treatment: all medical and treatment practiced in BeterKliniek.
2. Any deviation from these General Terms and Conditions shall only be effective if expressly agreed to in writing by the BeterKliniek. The client waives the applicability of his or her General Terms and Conditions.
3. All treatments performed by physicians fall under medical/medical treatments. The physician has an obligation of effort and not an obligation of result.
4. Therapeutic consultations have an obligation of effort to carry out the treatments to the best of one's knowledge and ability and have no obligation of result.
5. BeterKliniek shall perform the treatment agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. BeterKliniek is entitled to have certain activities performed by third parties, if and insofar as the proper performance of the agreement requires this. BeterKliniek does not need to obtain consent from the client to do so.
6. A deviation from these general terms and conditions shall only be effective if it has been expressly agreed to in writing by the BeterKliniek.
7. BeterKliniek has a duty of confidentiality towards third parties not involved in the performance of the assignment. This duty of confidentiality relates to all information of a confidential nature made available to BeterKliniek by the client. The duty of confidentiality does not apply if the law requires disclosure of certain information. BeterKliniek is entitled to use the information obtained for statistical or presentation purposes. In doing so, BeterKliniek will ensure that the information cannot be traced back to the individual client.
8. BeterKliniek is not liable for damage to or loss of clients' property. It is the client's responsibility to exercise due care to prevent damage to or loss of their property.
9. Payment terms can be found under the item payment terms
10. Circumstances which prevent the performance of the order and which cannot be attributed to BeterKliniek. These include, inter alia: strikes in other companies; wildcat strikes or political strikes in the company of BeterKliniek; an unforeseeable shortage of personnel; a general lack of the necessary raw materials and/or other necessary items or services required for the performance of the order; unforeseeable stagnation at suppliers or other third parties, on which BeterKliniek depends; general transport problems and/or, cancellation and or change of flights. These circumstances count as examples of force majeure, insofar as they make the performance of the order impossible or unreasonably difficult. If a circumstance occurs, after BeterKliniek should have already fulfilled its obligations under the order, BeterKliniek is still entitled to invoke force majeure. During the period of force majeure, BeterKliniek's obligations will be suspended. If that period lasts longer than three months, both parties are entitled to dissolve the contract, without any obligation to pay damages in that case. If BeterKliniek has already partially fulfilled its obligations at the time the force majeure occurs, it has the right to separately invoice the part already performed. The same applies if BeterKliniek can only partially fulfill its obligations. The Client is then obliged to pay this invoice as if it were a separate order. However, this provision does not apply if the part of the order already performed or executable has no independent value.
11. The client, partly in response to the care provider's questions, provides the care provider to the best of his knowledge with the information and cooperation he reasonably requires for the performance of the treatment agreement. This includes showing proof of identity. Every client must always be able to provide proof of identity at the first request of the BeterKliniek with a legally recognized ID. If a patient is unable to produce such proof of identity upon request, the BeterKliniek is entitled to suspend the treatment agreement.
12. Termination or suspension of the treatment agreement is possible if the client behaves inappropriately or improperly towards the BeterKliniek or its employees or the volunteers working there and/or towards fellow clients.
13. Payment of treatment should be paid afterwards by pin or cash. The client is obliged to pay the invoice of a telephone consultation within 14 days after date. Any contribution from health insurance companies to the treatment must be requested back by the client. BeterKliniek has the right to suspend the performance of the treatment both before the start of the treatment and in the interim, until the client has made the advance payment due to BeterKliniek.
14. Only after advance payment has been received in accordance with the previous paragraph will actual treatment be provided. BeterKliniek is entitled to suspend the performance of the treatment, both prior to the start of treatment and in the interim, until such time as the client has made the advance payment due to BeterKliniek.
15. By the mere fact that the Better Clinic has not received the full amount of the invoice by the due date, the client is in default without any notice.
16. The client shall owe interest - without further notice or notice of default - from the due date of the invoice on that which the BeterKliniek is legally entitled to claim from him. Please refer to the payment terms and conditions.
17. The client shall also be liable for all costs to be incurred by the BeterKliniek in connection with collection, both judicial and extrajudicial. Please refer to the terms of payment.
18. BeterKliniek reserves the right to change treatment rates without further notice. The new rates apply from the time of publication. If a treatment is subject to statutory pricing regulations, pricing will be in accordance with the applicable pricing regulations of the Dutch Healthcare Authority or any other legally designated body.
19. A patient's claim for set-off is not possible if the patient's counterclaim is properly contested by the Better Clinic.
20. BeterKliniek's liability, both for direct and consequential damages and to the extent covered by its liability insurance, is limited to the amount paid out by the insurer. If the insurer does not pay out in any case, or the damage is not covered by the insurance, BeterKliniek's liability is limited to the amount of the invoice. Rights to compensation due to liability, expire after 1 year after the harmful event occurred.
21. BeterKliniek also accepts no liability for damages for which there is an entitlement to compensation under an insurance policy (e.g. by taking out travel and/or cancellation insurance or health insurance), as well as liability for damages suffered by the client in the course of practicing a profession or running a business (including damages for missed workdays and/or by not arriving at the place of work on time).
22. The clients is/are obliged to comply with all instructions of the consultants to promote proper performance. Complaints about the work performed or the invoice must be reported in writing to BeterKliniek by the client within 30 days of discovery, but no later than three months after completion of the work in question. A complaint, as referred to in the first paragraph, does not suspend the client's payment obligation. If a complaint justified and recovery is possible, BeterKliniek will still perform the work as agreed.
23. All agreements between the client and BeterKliniek are governed by Dutch law. All disputes relating to the agreement between client and BeterKliniek, to which these general terms and conditions apply, will be settled by the competent court in the district where BeterKliniek has its office.