GAT - GENERAL TERMS AND CONDITIONS for Alternative/Complementary Therapists
Drafted on April 1, 2019, in Zoetermeer
Drafted in the first few months of 2019 by Suzanne van Dijsseldonk, GAT committee member. Copyright: https://gatgeschillen.nl/
1. Applicability
a. These terms and conditions apply to and form part of all current and future offers, agreements, and other acts with legal consequences involving Namasteen (registered in the Chamber of Commerce under number 82620474) or (one of) its owners/directors, hereinafter referred to as "Namasteen," as well as all consequences thereof.
b. Deviations from these general terms and conditions are only valid insofar as these deviations have been expressly agreed upon in writing between the parties. The client cannot derive any rights for future agreements from such an express and written deviation.
c. Other general terms and conditions, including those of the patient/client, however stated or named, do not apply to the legal relationship between the parties and are rejected in advance.
2. Definitions
In this agreement, the following definitions apply:
a. Healthcare provider: therapist (natural or legal person) affiliated with one or more recognized professional organizations called Namasteen;
b. Agreement: concluded (treatment) agreement between the healthcare provider and the patient/client
c. Parties: Healthcare provider and patient/client (also referred to as the counterparty)
d. Wkkgz: Healthcare Quality, Complaints and Disputes Act.
3. Acceptance of Assignments
All offers made by the healthcare provider are non-binding and revocable, even if they specify a term for which the offer is valid. In the case of oral information, an offer is only deemed to have been made once it has been confirmed in writing by the healthcare provider.
An agreement is concluded upon written acceptance of the price agreement by the patient/client or upon oral confirmation. If the patient/client makes changes to this agreement, the agreement will only be concluded after the healthcare provider has agreed to these changes in writing.
An agreement can concern either a single treatment or a series of treatments.
4. Duration of the Agreement and Termination
a. Unless otherwise specified in the agreement, it is entered into for the duration of a course or individual treatment. After the agreed contract period, the agreement can be extended (also tacitly) by mutual agreement between both parties.
b. Either party is entitled, without prejudice to the right to compensation for costs, damages, and interest, to terminate the agreement with immediate effect by registered letter without judicial intervention if:
- The other party has failed to fulfill one or more of its obligations and fails to fulfill its obligations within a period set for fulfillment by registered letter, unless the failure(s) are of such a nature or minor significance that they do not reasonably justify termination.
- If the other party files for or is granted bankruptcy or a moratorium, or if measures are taken that indicate the termination or cessation of business.
c. Any right of the patient/client to offset any claims they may have against the healthcare provider against any claim the patient/client may have against the healthcare provider is expressly excluded. The healthcare provider has the right and authority at all times to offset any claims it may have against the patient/client against any claims the patient/client may have against the healthcare provider.
5. Cancellation
a. Cancellation of appointments resulting from an agreement must be made no later than 48 hours before the agreed time.
b. The following cancellation policy applies to appointment cancellations.
- For cancellations up to 48 hours before the appointment, the patient/client will not be charged any fees.
- For cancellations 24 hours before the appointment, the patient/client will be charged 50% of the appointment fee.
- For cancellations within 24 hours before the appointment, the patient/client will be charged 100% of the appointment fee.
- If a consultation is rescheduled to a later date at the request of a patient/client, the patient/client will be charged no fees if the appointment is rescheduled up to 48 hours before the appointment, 50% of the appointment fee if the appointment is rescheduled within 48 hours before the appointment, and the full fee if the appointment is rescheduled within 24 hours before the appointment.
- If cancellation is not made or is made too late, the healthcare provider is entitled to charge for the relevant service(s), without prejudice to the right to payment of all costs incurred by the provider.
The healthcare provider is reasonably entitled to change an already scheduled appointment.
6. Confidentiality, File Management, and Right of Access
a. The healthcare provider will treat all information concerning the patient/client that they obtain in the performance of their services confidentially and will not disclose this information to third parties, except to the extent the healthcare provider is obligated to do so or has obtained permission.
b. The healthcare provider will impose a confidentiality obligation as described in paragraph 1 on their employees and any third parties engaged in the performance of services.
c. The healthcare provider will provide reports on treatments/treatment processes upon request of the patient/client, in compliance with the GDPR.
7. Force Majeure
If the healthcare provider is unable to fulfill its obligations under the agreement, is unable to fulfill them on time, or is unable to fulfill them properly due to a cause beyond its control, including (but not limited to): interruptions in the regular operations of the healthcare provider's organization, illness of (one of) the persons responsible for the performance of the agreement, etc., the healthcare provider's obligations will be suspended until it is able to fulfill those obligations.
8. Invoicing and Payment
a. All prices are in euros (€). All prices include VAT/sales tax, unless explicitly stated otherwise.
b. Services for private patients/clients must be paid to the therapist/naturopath immediately after the service has been provided, upon presentation of an invoice.
c. Services for patients/clients other than private individuals will be invoiced by the healthcare provider as agreed upon.
d. Invoicing will be based on the rates and number of services agreed upon between the parties at the start of the service.
e. Unless otherwise agreed in writing, the patient/client must pay the healthcare provider within 14 days of the invoice date, without any right of offset.
f. If one or more price factors increase after the date of the agreement, the healthcare provider is entitled to increase the agreed price accordingly.
g. The healthcare provider is entitled to increase the agreed price annually.
h. In the case of a program, the parties may agree in writing to payment in installments.
i. 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 their obligations to provide services effective from the date on which the payment term expires. The healthcare provider will inform the patient/client in a timely manner of the aforementioned suspension of their services. The patient/client owes statutory interest on the outstanding amount as of the aforementioned date. Furthermore, all extrajudicial collection costs are the responsibility of the patient/client. Collection costs include the costs of lawyers, bailiffs, and debt collection agencies, determined in accordance with the applicable or customary rates.
9. Liability
a. The healthcare provider's performance of services is subject to a best efforts obligation.
b. The healthcare provider does not provide any (medical) guarantee, nor is he/she liable in any way for any (medical) complications that arise in the patient/client during or after the provision of the service, which are not attributable to a serious attributable shortcoming on the part of the healthcare provider.
c. The healthcare provider is not liable in any way for consequential damages.
d. The healthcare provider is not liable insofar as damages result from the patient/client's failure to properly follow oral or written advice given by the healthcare provider.
e. The healthcare provider's liability for damages resulting from services performed by him/her—possibly with the involvement of non-subordinates—is limited to a maximum of the costs of a treatment.
f. In all cases, the healthcare provider's liability is limited to the amount charged to the patient/client, or to a maximum of the amount covered by the healthcare provider's liability insurance.
g. The healthcare provider is in no way liable for the quality and composition of the aids, supplements, medications, etc. recommended by them.
10. Applicable law and disputes
a. Dutch law applies to the healthcare provider's services.
b. In disputes arising from or related to the healthcare provider's services, the court has exclusive jurisdiction.
11. Other provisions
a. If one or more articles of these general terms and conditions are declared null and void, this will not affect the validity of the remaining articles of these general terms and conditions.
DISCLAIMER
The information on this website does not constitute a personal treatment plan for the visitor. No rights can be derived from the content shown, nor is the website owner liable for any damage directly or indirectly arising from the information on this website. For treatment tailored to your specific situation, seek advice from a regular physician or a therapist recognized by a professional organization recognized by the GAT. The treatments offered on this website fall under the heading of alternative and/or complementary care. They do not replace the diagnosis, care, or nursing of regular healthcare. The texts on this website are copyrighted and may not be used or copied without the owner's permission.
This page was last modified on January 3, 2025.
