General terms and conditions
Article 1. Definitions
1. The doctor and practice: M.B. van Hogezand and Practice Musculoskeletal Medicine Groningen/Bellingwolde
2. The patient: the other party of the Practice Musculoskeletal Medicine Groningen.
3. Treatment or consultation: providing information or advice, making diagnoses, performing therapeutic interventions, or other incidental services that are performed by the physician on behalf of the patient.
4. Trajectory: an agreement concerning multiple treatments in sessions and/or an agreement from which treatments arise over a longer period of time.
Article 2. Applicability
1. All agreements between the physician on the one hand and the patient on the other hand are exclusively subject to these General Terms and Conditions with the express exclusion of other General Terms and Conditions.
2. Acceptance of a price/treatment agreement or the otherwise making and/or continuation of an agreement means that the patient has accepted the application of the General Conditions and waives the applicability of any general conditions of the patient.
3. Deviations from these Terms and Conditions will only be valid if confirmed in writing by the doctor. In this case, the remaining provisions remain in full force.
Article 3. Establishment and amendment of the agreement
1. An agreement can concern both a trajectory and individual treatments.
2. An agreement between the doctor and the patient is established by an oral confirmation of a process or separate treatment, which is recorded in a written/digital agenda appointment and the medical file.
3. If an acceptance of a quotation is reserved and/or changes are made, the agreement is concluded after the physician has agreed in writing to these reservations and/or changes.
4. Changes or additions to the agreement are made after both parties have confirmed this in writing or in the event of an individual consultation.
Article 4. Duration of contract and dissolution
1. Unless stipulated otherwise in the agreement, this is entered into for the duration of a trajectory or treatments. After the agreed treatment or route period has expired, the agreement can be extended in consultation between both parties.
2. Without prejudice to the right to compensation of costs, damage and interest, each of the parties is entitled to dissolve the agreement without judicial intervention with immediate effect by registered letter if:
A. The other party has not fulfilled one or more of its obligations and is negligent to meet its obligations within a period of time specified by registered letter for compliance, unless the shortcoming (s) is of such a nature or minor significance that they do not reasonably justify dissolution.
B. For the counterparty bankruptcy or suspension of payments is applied for or granted, or measures are taken to indicate termination or discontinuation of the company.
Article 5. Cancellation
1. Cancellation of appointments for individuals arising from an agreement must be made no later than 24 hours before the agreed time. Replacement by another person, arranged by the patient, is not considered a cancellation.
2. For cancellation of consultations the following cancellation conditions apply:
A. In case of cancellation up to 24 hours before the start, the patient does not owe any costs.
B. In case of cancellation from and within 24 hours before the start of a consultation, the patient is due 50% of the amount for the consultation.
C. If, at the request of a patient, a consultation is moved to a later date, the patient does not incur any costs in case of a shift up to 24 hours before the start of the consultation, and 50% of the amount for the consultation starting from 24 hours before the start of the consultation.
D. If cancellation does not take place or is made too late, the doctor is entitled to charge the relevant service(s) without limitation the right to payment of all costs incurred by him.
E. The doctor is reasonably entitled to change an already scheduled appointment with regard to the time. He will then also have to make this known no later than 24 hours before the agreed time, whereby the most favorable travel time will be maintained for the patient / client.
Article 6. Confidentiality, file management and right of access
1. The physician will treat all information concerning the patient that he obtains in the performance of his services confidentially and will not pass this information on to third parties, unless the physician is obliged to do so or the doctor has obtained permission.
2. The physician will impose the confidentiality obligation as described in paragraph 1 on his employees and any third parties engaged in the performance of services.
Article 7. Rates
The rates for programs and treatments are based on the most recent list of rates, as indicated on the most recent website of the Practice Musculoskeletal Medicine Groningen (www.rugspraak.nl and/or www.musculoskeletalmedicine.nl).
Article 8. Invoicing and payment
1. Services for patients must be paid to the doctor immediately after the service provided. A receipt is submitted. In some cases an account can be provided.
2. Invoicing will take place on the basis of the rates agreed between the parties and the number of transactions at the start of the service. Unless otherwise agreed in writing, the patient must pay the doctor without any recourse to set-off within 30 days of the invoice date.
3. If there is a trajectory, the parties can agree on a payment in installments.
4. If the payment term is exceeded, the patient is in default without notice of default being required. The doctor is entitled to suspend his obligations to provide services with effect from the date on which the payment term expires. The doctor will inform the patient in good time of the aforementioned suspension of his services. The patient owes legal interest on the outstanding amount with effect from the aforementioned date. Furthermore, all extrajudicial collection costs are for the account of the patient. Collection costs include the costs of lawyers, bailiffs and debt collection agencies, determined in accordance with current or customary rates.
Article 9. Liability
1. In the performance of the doctor's services, there is a best effort obligation.
2. The physician in no way gives a medical guarantee nor is he in any way liable for medical complications, which occur at the time or after the execution of its services to the patient, which are not due to a serious attributable shortcoming from the doctor. The doctor is in no way liable for consequential damage.
3. The physician is not liable insofar as damage arises from the fact that the patient has not properly followed oral or written advice by the doctor.
4. The liability of the physician for damage resulting from the services provided by him - possibly with the involvement of non-subordinates - is limited to a maximum of the costs of a consultation.
5. In all cases, all liability of the physician is limited to the amount that has been charged to the patient.
6. The patient is obliged to take all measures necessary to limit the damage for which he/she wishes to hold the doctor liable.
Article 10. Applicable law and disputes
1. Dutch law is applicable to the doctor's service.
2. In disputes arising from or related to the services of the doctor that fall within the competence of the court, the Court has exclusive jurisdiction.