General Terms and Conditions
These general Terms and Conditions are applicable to Praktijk Gabriels and all associated organisations.
Treatment Agreement: all agreements concluded between Praktijk Gabriels and a client concerning a treatment.
Client: the other party who enters into a treatment agreement with Praktijk Gabriels.
Treatment: all medical and cosmetic treatments practiced by Praktijk Gabriels.
Exceptions to the general Terms and Conditions
Any deviation from these general Terms and Conditions shall only be valid when Praktijk Gabriels has expressly agreed so in writing. The Client waives the applicability of his/her general terms and conditions.
Medical Treatment Results
All treatments, performed by physicians, are seen as medical treatments. The physician and/or plastic surgeon has an obligation to perform to the best of their ability and has no obligation to guarantee a certain result.
- Cosmetic Treatment Results
The cosmetic treatment physicians have an obligation to perform the treatment to the best of their understanding and ability and have no obligation to guarantee a certain result.
Under no circumstances do we provide a guarantee on results nor on a procedure going exactly as planned. Complications can always occur, for example narcosis problems, thrombosis, infections, hematomas (bruising), necroses (tissue decay) and numb skin. Absolute symmetry for double-sided operations cannot be guaranteed. Certain situations call for an additional operation to obtain a good end result. These additional operations are subject to extra costs for you as a patient.
Patients, who undergo a bariatric procedure, can experience such a decrease in the quality of their skin due to a loss of body weight, that correction by plastic surgery may not always achieve the desired result. You should take into account that multiple operations in the same area are often necessary. In addition, the risk of complications is higher. In this case multiple operations are also often necessary. Due to their complexity these do not fall under our warranty conditions.
- Execution of Treatment Agreement
Praktijk Gabriels shall carry out the Treatment Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. If and insofar as this is required for the proper execution of the agreement, Praktijk Gabriels has the right to allow certain activities to be conducted by third parties Praktijk Gabriels is not required to obtain authorisation for this from the client.
Praktijk Gabriels is required to maintain confidentiality with respect to third parties who are not involved in the fulfilment of the Agreement. This confidential obligation concerns all information of a confidential nature that the client has provided to Praktijk Gabriels. This obligation does not apply when it is required by law to make certain information publicly available. Praktijk Gabriels is permitted to use patient information for statistical purposes. Praktijk Gabriels will ensure that this information cannot be traced back to the individual client.
- Information for Presentation & Media Purposes
Only when Praktijk Gabriels has received written authorisation from the client for any information/photos obtained during and/or after the treatment can this information be used (publicly).
Liability Personal Property
Praktijk Gabriels is not liable for damages to, or loss of property of the client. The client is expected to take the necessary measures to prevent any damage to, or loss of their property.
- Cancellation, Cancellation of appointment, No-show or Absence
In this paragraph absence shall mean: cancellation, cancellation of appointment, no-show or absence.
For all surgical procedures, in the case of absence, the full amount will be charged. For laser, injectables, or skin improvement procedures, in the case of absence, 25% of the current rates will be charged.
Praktijk Gabriels will charge the client 35 Euros when: – consultations are cancelled 24 hours before the scheduled consultation: – procedures are cancelled 2 workings days before the scheduled procedure; – the client does not turn up for the scheduled appointment. Unless proven otherwise in writing, the administration of Praktijk Gabriels will be considered as full proof that such an appointment was made. Clients who have the right to a treatment via a voucher or coupon and are absent, lose the right to a treatment without any restitution of the costs incurred to obtain the voucher or coupon.
Unforeseen circumstances are circumstances that hinder the execution of the treatment and cannot be attributed to Praktijk Gabriels.
This includes, inter alia: strikes in other companies; wildcat strikes or political strikes in the company of Praktijk Gabriels; an unforeseeable shortage of employees; illness of a treating physician, doctor or specialist; illness in the medical team; a general lack of the necessary (raw) materials and/or other necessary items or services, for the execution of the treatment; unforeseeable delay at suppliers or other third parties, that Praktijk Gabriels is dependent on; general transportation problems and/or flight cancellations and/or changes to flights.
These circumstances are examples of force majeure, to the extent that the execution of the treatment has become impossible or unreasonably difficult. If such a circumstance occurs, after Praktijk Gabriels should have fulfilled their obligations, Praktijk Gabriels still has the right to invoke force majeure. During the period of force majeure, the obligations of Praktijk Gabriels will be suspended. If the period lasts longer than three months, both parties have the right to terminate the agreement, without any obligation to pay compensation in that case. If Praktijk Gabriels has already fulfilled its obligations in part, at the start of force majeure, it has the right to invoice the part of the agreement already executed, separately. The same shall apply if Praktijk Gabriels can fulfil its obligations only in part. Client is then obliged to pay this invoice as if it related to a separate agreement. However, that provision is not applicable when the already performed or executable part has no independent value. Both Praktijk Gabriels and the client reserve the right at all times to reschedule the date and/or time of the treatment by reason of demonstrable exceptional circumstances (force majeure)
- Identification and Provision of Information
In response to their questions, the client will provide the consultant/doctor/plastic surgeon/therapist to the best of his knowledge with the information and cooperation that is in fairness required for the execution of the treatment agreement. This includes producing valid identification papers. Each client should always, upon first request by Praktijk Gabriels, be able to identify themselves with a valid legally recognised identity document. When asked, if the client is unable to produce such an identity document, Praktijk Gabriels is entitled to suspend the treatment agreement.
- Cancellation or Postponement of the Treatment Agreement
Cancellation or postponement of the treatment agreement is possible should the client show improper or unfair behaviour towards Praktijk Gabriels, or her employees, or any volunteers and/or co-clients working there.
- Treatment Payment
Payment for a procedure should be paid in part beforehand. The client is obliged to make this payment within 7 days of the invoice date. The remaining amount should be paid by debit card or in cash on the day itself, before the procedure, or one (1) week before the procedure by means of a bank transfer into the account of Praktijk Gabriels. Any possible contribution for the treatment from the health insurance, should be claimed for by the client themselves. Praktijk Gabriels has the right to suspend the treatment, both at the beginning and during the treatment, until the client has made payment of the amount due in advance to Praktijk Gabriels. Exceptions are non-medical treatments, such as injectables, skincare etc. These treatments should be paid for each time immediately after the treatment.
Advance Payments and Suspension of Treatment
Only after the advanced payment has been received conform the previous article, will the treatment actually begin. Praktijk Gabriels has the right to suspend the treatment, both at the beginning and during the treatment, until the client has made payment of the amount due in advance to Praktijk Gabriels. An advanced payment will under no circumstances be returned. The client reserves the right for treatment.
- Default of Payment
In the event that Praktijk Gabriels has not received the full amount of the invoice by the due date of the invoice the client is, without any notification, in default of payment.
- Interest after Default of Payment
The client owes interest, as from the due date of the invoice, on that which is rightfully owed to Praktijk Gabriels, without any notification of being in default. The interest on this amount will be charged on a monthly basis, to be calculated on the basis of 1/12 of the amount due + one (1) percent. In which a part of the month will be considered as a whole month.
Claims for Payment
All costs made by Praktijk Gabriels in the collection of monies, whether legal or extra- judicial are at the expense of the client. As long as Praktijk Gabriels is occupied with the collection themselves, the extra judicial costs, with a minimum of 30 Euros, amount to 15% of the claim. In the case that after the last (2nd) reminder, if no payment has been received within 7 days, Praktijk Gabriels will automatically submit the collection of this invoice to a debt collection agency. If Praktijk Gabriels engages third parties for the collection, the client will owe the total actual extra judicial costs incurred by Praktijk Gabriels, with a minimum of 15% of the claim, and with a minimum of 175 Euros. In the event of judicial intervention, in addition to the extra judicial costs, the liquidation process costs will also be at the expense of the client. In the event that Praktijk Gabriels is obliged to pay sales tax on the collection costs, then the collection costs mentioned will be increased.
- Price modifications
Praktijk Gabriels reserves the right to change the list price rates without any prior notice. The new rates are valid from the moment of publication. Should statutory price regulations apply to a treatment, then the pricing will be done in accordance with the Dutch Healthcare Authorities, or any other appointed judicial body. However, prices of ongoing treatments continue to apply. The same applies to quotes, however, only if the quote is still valid. Should one respond after the quote validity date, the client automatically agrees to the new price.
Any appeal by the client to settlement is not possible when the client’s counterclaim is contested by Praktijk Gabriels for good reasons.
- Praktijk Gabriels liability
The liability of Praktijk Gabriels, both for immediate as consequential damage, and to the extent that this is covered by its liability insurance, is limited to the amount of the payment made by the insurer. In the event that the insurance declines to pay, or the damages are not covered by the insurance, Praktijk Gabriels liability is limited to the amount of the invoice. Rights to compensation for liability expire half a year after the final check of the treatment by the doctor/therapist/plastic has taken place.
- Liability for Damages under an Insurance Policy
Praktijk Gabriels also does not accept liability for damages claimed from the insurance for compensation (for example by means of the conclusion of a travel and/or cancellation insurance or health insurance)
- Liability in the Context of Business or Professional Practice
Praktijk Gabriels also does not accept liability for damages suffered by the client in the practice of a profession or business (including damages suffered for missed workdays and/or late arrival at work).
- Handling of Complaints
The client is obliged to follow all instructions given by the consultant/doctor/therapist/plastic surgeon/treating physician/specialist to ensure a correct treatment. Any complaints from the client regarding the invoice should be submitted in writing to Praktijk Gabriels, within 30 days after the treatment. Complaints regarding the results of the treatment should be submitted in writing to Praktijk Gabriels, no later than two (2) months after the end result has been achieved (9 months after the surgery). After this period no more complaints will be processed. A complaint, as afore mentioned, does not discharge the client’s obligations to pay. If a complaint is justified and recovery is possible, Praktijk Gabriels will perform the work as agreed.
- Treatment Agreement
The Treatment Agreement is binding for both parties once it has been signed. The client enters into a Treatment Agreement with Praktijk Gabriels – the medical specialist is not a contractor. Praktijk Gabriels reserves the right to permit another competent specialist to perform the planned surgery or operation.
- Conflicts fall under Dutch Law
Dutch Law applies to all agreements between client and Praktijk Gabriels. All conflicts concerning the agreement between client and Praktijk Gabriels, upon which these general Terms and Conditions apply, shall be settled by an authorised Judge in the district where Praktijk Gabriels holds its office.