Terms and conditions
These general terms and conditions apply to Praktijk Gabriëls and all associated organizations.
Treatment agreement: all agreements made by Praktijk Gabriëls with a client concerning treatment.
Client: the counterpart of Praktijk Gabriëls when entering into the treatment agreement.
Treatment: all medical and cosmetic treatments practiced by Praktijk Gabriëls.
2. Exceptions to Terms and Conditions
A deviation from these general terms and conditions is only valid if Praktijk Gabriëls has expressly agreed to this in writing. The client waives the applicability of his or her General Terms and Conditions.
3. Medical treatment results
All treatments performed by physicians are covered by medical / medical treatments. The physician / plastic surgeon has an effort commitment and no obligation of result.
4. Cosmetic treatment results
Cosmetic practitioners have a best efforts obligation to carry out the treatments to the best of their knowledge and ability and have no obligation of result.
We can never give a garanty on the results or a procedure going exactly as plannend. Complications can always occur, such as narcosis problems, thrombosis, infection, bruising, tissue decay and numb skin. Absolute symmetry in double-sided operations can not be guaranteed. Sometimes it is necessary to perform an additional operation to obtain a good end result. This additional operation may entail extra costs for you as a patient.
For patients after a bariatric procedure, there is a chance that losing body weight has worsened the condition of your skin. This can be so much that a plastic surgical correction does not always produce the desired result. You should assume that it often happens that multiple operations in the same area are necessary. In addition, the chance of complications is greatly increased. Several operations are often required for this as well. Because of the complexity, these are not covered by our warranty conditions.
5. Execution of the treatment agreement
Praktijk Gabriëls will carry out the treatment agreement to the best of its knowledge and ability and in accordance with the requirements + of good workmanship. Praktijk Gabriëls has the right to have certain work carried out by third parties, if this is necessary for a proper execution of the agreement. Practice Gabriëls does not need to obtain permission from the client.
Practice Gabriels is obliged to maintain secrecy towards third parties who are not involved in the execution of the assignment. This confidentiality obligation concerns all information of a confidential nature provided to Praktijk Gabriëls by the client. The obligation to maintain secrecy does not apply if the obligation exists to disclose certain data pursuant to the law. Praktijk Gabriëls is entitled to use the information that has been obtained for statistical purposes. Praktijk Gabriëls will ensure that the information can not be traced back to the individual client.
7. Information for presentation and media purposes
Only when Praktijk Gabriels receives a written permission from the client any information/photos can be used (publicly) that where obtained before, during and / or after the treatment.
8. Liability of personal property
Praktijk Gabriëls is not liable for damage to or loss of the property of the clients. The client must take the necessary care himself to prevent damage to or loss of his property.
9. Cancellation, cancellation of appointment, non-appearance or absence
In this paragraph, absenteeism means: cancellation, cancellation, non-appearance or absence.
In the event of default on all surgical procedures, the full amount will be charged. In case of a laser, injectables or skin improvement treatment, an amount of 25% of the applicable rate will be charged. Customers who cancel consulations 24 hours before and treatment appointments 2 working days before the appointment in question (canceled) or when the client does not appear on the scheduled appointment, can be charged 35 euros by Praktijk Gabriels. Barring proof to the contrary, the administration of Praktijk Gabriëls in this case is fully satisfied that such an agreement was made. In the event of default by clients who have obtained a right to a treatment contract via a voucher or coupon, the right to treatment will no longer be valid and there will be no refund of the costs of obtaining the voucher or coupon.
10. Unforeseen circumstances
Unforeseen circumstances are circumstances that prevent the execution of the treatment/appointment and wich Praktijk Gabriels can not be held responsible for.
This includes: strikes in other companies; wildcat strikes or political strikes in the company of Praktijk Gabriëls; an unforeseeable shortage of personnel; illness of a practitioner, doctor or specialist, departure of a practitioner, doctor or specialist, illness in the medical team, a general lack of the necessary (raw) substances and / or other necessary items or services that are necessary for the execution of the order; unforeseeable stagnation at suppliers or other third parties, of which Praktijk Gabriëls is dependent; general transport problems and / or, the failure and / or change of flights.
These circumstances apply as an example of force majeure, in so far as they make the execution either impossible or unreasonably difficult. If a circumstance occurs, after Praktijk Gabriëls should have fulfilled its obligations from the assignment, Praktijk Gabriëls still has the right to invoke force majeure. During the period of force majeure, the obligations of Praktijk Gabriëls will be suspended. If that period lasts longer than three months, both parties have the right to dissolve the agreement, without there being an obligation to pay compensation in that case. If Praktijk Gabriëls has already partially fulfilled its obligations at the time of the force majeure, it has the right to invoice the part already executed separately. The same applies if Praktijk Gabriëls can only partially meet its obligations. Client is then obliged to pay this invoice as if it were a separate order. However, this provision does not apply if the already performed or executable part of the assignment does not have an independent value. Both Praktijk Gabriëls and the client reserve the right to oppose the date and / or time for the treatment at any time due to demonstrable exceptional circumstances (force majeure).
11. Identity and provision of information
The client gives the consultant / physician / plastic surgeon / therapist, partly in response to his / her questions, to the best of his knowledge the information and the cooperation that it reasonably requires for the performance of the treatment agreement. This includes showing an identity card. Every client must always be able to identify themselves with a legally recognized proof of identity at the first request of Praktijk Gabriëls. If a client can not show such proof of identity on request, Praktijk Gabriëls is entitled to suspend the treatment agreement.
12. Termination or suspension of the treatment agreement
Termination or suspension of the treatment agreement is possible if the client behaves inappropriately or unfairly to Praktijk Gabriëls or her employees or the volunteers and / or towards co-clients.
13. Payment of the treatment
Payment of an treatment must be made in advance. The client is obliged to pay this deposit within 7 days of the date. The remaining amount will be paid by debit card or cash on the day of the surgery prior to the procedure. Or 1 week before the procedure by transferring into the account of Praktijk Gabriëls. Any contribution from the health insurers in the treatment must be requested by the client himself. Praktijk Gabriëls has the right to suspend the execution of the treatment, both before the start of the treatment and in the interim, until the moment that the client has paid the advance payment to Praktijk Gabriëls. Exceptions are non-medical treatments such as; injectables, skin care, etc. These treatments are paid immediately after the treatment.
14. Advance payment and suspension of treatment
Only after the deposit has been received in accordance with the previous paragraph will actual treatment be transferred. Praktijk Gabriëls has the right to suspend the execution of the treatment, both before the treatment and in the interim, until the client has paid the due payment to Praktijk Gabriëls. A deposit is not returned under any circumstances. The client retains the possibility of treatment.
15. Failure of payment
Due to the fact that Praktijk Gabriëls did not receive the full amount of the invoice on the due date of the invoice, the client remained in default of payment without any notification.
16. Interest after payment default
The client is – without further notice or notice of default – due interest from the due date of the invoice on what Praktijk Gabriëls can legally claim from him. This interest is charged monthly on this amount, to be calculated on the basis of 1/12 of the outstanding amount + 1%. Where a part of the month is held for a full month.
17. Claims for payment
For the account of the client, all costs incurred by Praktijk Gabriëls are also related to the collection, both judicial and extrajudicial. As long as Praktijk Gabriëls is busy with the collection, the extrajudicial costs, with a minimum of 30 euros, amount to 15% of the claim. If after the last (second) reminder no payment has been received within 7 days, Praktijk Gabriëls will automatically submit the claim of this invoice to the debt collection agency. If Praktijk Gabriëls engages third parties for the collection, the client will owe the total extrajudicial costs actually incurred by Praktijk Gabriëls, with a minimum of 15% of the claim and with a minimum of € 175. In case of judicial intervention, besides the extrajudicial costs, the liquidated costs of the proceedings will also be borne by the client. Insofar as Praktijk Gabriëls is obliged to pay sales tax on the collection costs, the collection costs mentioned are increased.
18. Price changes
Praktijk Gabriëls reserves the right to change the rates of the price list without further notice. The new rates apply from the moment of publication. If statutory price regulations apply to a treatment, the pricing shall be in accordance with the applicable price regulations of the Dutch Healthcare Authority or any other body designated for that purpose. However, prices of ongoing treatments continue to apply. The same applies to quotations, however, only as long as the offer is valid. If you respond after the quotation date, the client automatically agrees to the new price.
An appeal by the client to settlement is not possible when the client’s counterclaim is disputed by Praktijk Gabriëls for good reasons.
20. Liability of Praktijk Gabriëls
The liability of Praktijk Gabriëls, for both direct and consequential damages and insofar as it is covered by its liability insurance, is limited to the amount of the payment made by the insurer. If in any case the insurer fails to pay, or the damage is not covered by the insurance, the liability of Praktijk Gabriëls 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 physician / therapist / plastic surgeon has taken place.
21. Liability for damage under an insurance policy
Praktijk Gabriëls also accepts no liability for damage for which entitlement to reimbursement exists under an insurance policy (for example by means of the conclusion of a travel and / or cancellation insurance or health insurance)
22. Liability in the context of business or professional practice
Praktijk Gabriëls also accepts no liability for damage that the client suffers in the context of the exercise of a profession or business (including damage for missed workdays and / or not arriving at the place of work destination on time).
23. Handling complaints
The client is obliged to comply with all directions from the consultant / physician / therapist / plastic surgeon / therapist / specialist to promote proper execution. Complaints about the invoice must be reported in writing to Praktijk Gabriëls by the client within 30 days after the treatment. Complaints about the result of the treatment must be submitted in writing to Praktijk Gabriëls no later than 2 months after the end result has been achieved (9 months after the intervention). Complaints will no longer be processed after this time. A complaint, as described above, does not suspend the payment obligation of the client. If a complaint is well-founded and recovery is possible, Praktijk Gabriëls will still perform the work as agreed.
24. Treatment agreement
Once the treatment agreement has been signed, it is binding for both parties. The client enters into a treatment agreement with Praktijk Gabriëls the medical specialist is not a contractor. Praktijk Gabriëls reserves the right to have the planned treatment, intervention or operation carried out by another competent specialist.
25. Disputes are subject to Dutch law
Dutch law applies to all agreements between client and Praktijk Gabriëls. All disputes relating to the agreement between client and Praktijk Gabriëls, to which these general terms and conditions apply, will be settled by the competent court in the district where Praktijk Gabriëls has its office.