General Terms and Conditions

Drs. Daans is located at Oostenburgermiddenstraat 102, 1018 LC in Amsterdam. Drs. Daans is registered with the Chamber of Commerce under number 90643933.

Article 1 – Definitions:

In these conditions, the following terms shall have the meanings ascribed to them:

1. Care Provider: drs. Daans in Amsterdam and/or the (para)medical practitioners and medical-cosmetic consultants working there. Being: the legal entity or natural person who, in the exercise of a (para)medical profession or business, enters into a treatment agreement with the client and/or patient.

2. Client: the person who enters into a treatment agreement with the care provider for himself or herself or for a specific third party.

3. Services: all services, treatments, treatment methods, information, presentations, sale and promotion of products, and advice to be provided or carried out by the Care Provider.

4. Products: used and delivered products of drs. Daans

5. Patient: the natural person on whom the medical procedures directly relate. This may or may not always be the same person as the client.

6. Treatment Agreement: the agreement for a medical treatment under which the care provider undertakes to perform medical procedures directly related to the patient for the client and/or patient.

7. Complaints and Dispute Committees: see www.gidz.nl and Article 19 of these general terms and conditions.

Article 2 – Applicability:

1. These general terms and conditions apply to the conclusion and performance of the treatment agreement entered into between the client and/or patient and the care provider.

2. For the execution of the service provision, the Care Provider may involve third parties, whom he may select and contract if the proper execution of the agreement so requires. Prior consent of the client and/ or patient is not required for this.

3. These Terms and Conditions apply to every offer and agreement between Care Provider and client and/ or patient. Deviation from this can only be made after written agreement.

4. The client and/or patient waives the applicability of his or her General Terms and Conditions to the extent applicable. The applicability of any purchasing or other terms and conditions of the client and/ or patient is expressly rejected.

Article 3 – Properties

Drs. Daans takes measures that are reasonably possible to prevent damage to or loss of the client and/or patient’s belongings. The client and/or patient must take care to prevent damage to or loss of his belongings. Drs. Daans accepts no liability for damage to or loss of the belongings of client and/or patient. This also applies to abandoned property.

Article 4 – Consent:

1. The client and/or patient’s consent is required for procedures carried out under a treatment agreement.

2. At the client and/or patient’s request, the care provider records in writing the procedures for which he has obtained consent and provides the client and/or patient with a copy thereof.

3. As a basic principle for all treatments performed by drs. Daans, the client and/or patient is 18 years of age or older. Every client and/or patient must be able to identify himself/herself with a legally recognized identification document at the request of drs. Daans. If a client and/or patient cannot present such identification, drs. Daans may suspend the treatment agreement.

Article 5 – The Treatment Agreement:

• The treatment agreement is established when the client and/or patient instructs the healthcare provider to perform cosmetic treatments and/or medical procedures.
• The client and/or patient must be at least 18 years old to enter into the treatment agreement. By commencing treatment, the client and/or patient declares to have read these general terms and agrees to all that is stipulated therein.

Article 6 – Offers:

• All our offers and price quotations (including attachments, documentation, images on social media, etc.) are made verbally or in writing and are non-binding, unless they contain a deadline for acceptance, in which case the offer expires after the deadline.

Article 7 – Obligations of the Healthcare Provider:

• The healthcare provider must exercise the care of a good healthcare provider and act in accordance with the responsibility incumbent upon them arising from the applicable professional standards and guidelines of the professional group.
• The healthcare provider must use products and tools in their work that are registered and whose origin can be traced.
• The healthcare provider must establish a dossier regarding the treatment of the client and/or patient.
• To the extent necessary for proper healthcare, the healthcare provider must make notes of the client and/or patient’s health data and the procedures performed and include other documents with such data.

Article 8 – Execution of the Agreement:

• The healthcare provider will execute the agreement to the best of their insight and ability and in accordance with the requirements of a good healthcare provider.
• The client and/or patient must ensure that all data indicated by the healthcare provider as necessary, or which the client and/or patient reasonably understands to be necessary for the execution of the agreement, are provided to the healthcare provider in a timely manner. If necessary data for the execution of the agreement are not provided in a timely manner, the healthcare provider has the right to suspend the execution of the agreement and/or to charge the client and/or patient for any additional costs resulting from the delay according to the usual rates.
• Among the data mentioned in two, this also includes presenting a valid identification document.
• The healthcare provider is not liable for damages, in whatever form, resulting from incorrect and/or incomplete (medical) data provided by the client and/or patient.
• If, due to circumstances not attributable to the healthcare provider, a planned assignment resulting from the agreement cannot be executed, the client and/or patient is still obliged to pay the associated costs to the healthcare provider.

Article 9 – Amendment of the Agreement:

1. If it becomes apparent during the execution of the agreement that it is necessary to modify or supplement the work to be performed for proper execution, the parties shall timely and mutually amend the agreement.

2. If the parties agree to amend and/or supplement the agreement, the timing of realization may be influenced. The healthcare provider shall promptly inform the client and/or patient of any change in the timing of realization.

3. If the modifications or supplements to the agreement have financial and/or qualitative consequences, the healthcare provider shall inform the client and/or patient accordingly.

4. Modification of the agreement due to grounds mentioned in paragraphs 1, 2, and 3 shall be done in consultation with the client and/or patient. The healthcare provider confirms such modification of the agreement.

5. The healthcare provider is entitled to modify the agreement in accordance with legislative changes and/or other obligations imposed by the government that relate to the agreed assignment in the agreement.

6. The costs arising from Article 7.1 and/or by the law, the government, or any other competent authority prescribed modification of the agreement shall be borne by the client and/or patient.

Article 10 – Performance of the Agreement, Suspension, and Termination:

1. The agreed-upon services to be provided shall be deemed suspended as soon as and for as long as the client and/or patient defaults on the payment of any amount due or as long as the healthcare provider is prevented from fulfilling its obligations due to force majeure, without the client being entitled to any compensation for damages, costs, and/or interest.

2. Exceeding the agreed-upon deadline for the healthcare provider to have performed the agreed-upon services shall, in case of force majeure and/or explicitly agreed otherwise, never entitle the client and/or patient to damages, termination of the agreement, or non-performance of any obligation.

3. Furthermore, the healthcare provider is authorized to (have the agreement) terminated if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or can no longer be demanded in accordance with standards of reasonableness and fairness, or if circumstances arise that are of such a nature that unaltered maintenance of the agreement cannot reasonably be expected.

4. If the agreement is terminated, the healthcare provider’s claims against the client and/or patient become immediately due and payable. If the healthcare provider suspends the performance of obligations, it retains its rights under the law and the agreement.

5. The healthcare provider retains the right to claim compensation for damages.

Article 11 – Intellectual Property Rights:

Nothing from the expressions, services, products, and/or materials (including the website) of drs. Daans may be copied or otherwise reproduced, digitally or analogously, without prior express written consent. Permission is granted solely by drs. Daans and can be provided via info@drsdaans.nl.

Right to be forgotten:
You may ask us to delete all data we have about you. We will then delete all data that can be traced back to you. In some cases we cannot or may not yet delete your data. For example, we have to keep some data for 20 years for the tax authorities.

 

Article 12 – Fees, Rates, and Rate Adjustments:

1. The rates for the services provided by the healthcare provider are communicated to the client and/or patient via the website or with an oral or written order confirmation. All rates are inclusive of government-imposed levies, excluding additional (on)costs, unless expressly agreed otherwise.

2. If, after the conclusion of the agreement, one or more cost price factors increase – even if this occurs due to foreseeable circumstances – the healthcare provider reserves the right to accordingly increase the agreed price.

3. The healthcare provider may increase the fee if, during the execution of the work, it becomes apparent that the originally agreed or expected amount of work was underestimated to such an extent at the conclusion of the agreement and that this cannot be attributed to the healthcare provider, that it cannot reasonably be expected of the healthcare provider to perform the agreed work at the originally agreed fee.

4. The healthcare provider promptly confirms the rate change or increase as referred to in paragraphs 3 and 4 of this article with a notification to the client and/or patient.

5. In case of discrepancies between prices on the price list and prices found elsewhere, the price shown on the current price list shall apply.

Article 13 – Payment:

1. All prices as stated on the current price list are for individuals and inclusive of VAT. The displayed prices should preferably be paid on-site at Drs.Daans by card (or cash) after the treatment has taken place.

2. Payment of other invoices to the healthcare provider must be made within 14 days after the invoice date in the manner indicated by the healthcare provider. By the mere fact that the healthcare provider has not received the full amount of the invoice by the due date of the invoice, the client and/or patient is in default without any prior demand or notice of default being required.

3. If the patient is eligible for a contribution from a health insurer, they must claim the costs themselves afterwards.

4. In case of late payment, all payment obligations of the client and/or patient become immediately due and payable. The client and/or patient is – without further notice or demand – liable for interest from the due date of the invoice on what drs.Daans lawfully has to claim from them. If the client and/or patient does not meet their obligations within the agreed period, they are in default without any prior demand or notice of default being required.

5. All judicial and extrajudicial costs incurred by the healthcare provider in the context of the collection of a claim against the client and/or patientarising from non-performance of the client and/or patient’s obligations are borne by the client and/or patient. The extrajudicial costs amount to at least 15% of the amount due, with a minimum of € 225. The healthcare provider is entitled to claim the actual extrajudicial costs. The client and/or patient is not allowed to suspend payment.

6. If the client and/or patient is in default with payment of the invoice, the healthcare provider has the right, notwithstanding what is stipulated in the previous sections, to cease further execution of the work or to suspend it. Furthermore, the healthcare provider has the right to terminate the agreement without judicial intervention in case of said default and to demand full (damage) compensation for the damage caused to the healthcare provider by the attributable shortcoming by the client and/or patient, including the expenses, services, lost and yet to be lost income from the agreement.

Article 14 – Appointment Cancellation:

Appointments canceled within 24 hours before the scheduled start time or missed without timely cancellation will incur a €50 charge to the client and/or patient. Additionally, a €50 fine will be imposed for tardiness exceeding 15 minutes. In the event of disagreement or uncertainty regarding the appointment date, the date as recorded in the administration of drs. Daans shall prevail.

Article 15 – Liability:

1. If the healthcare provider were to be liable, this liability is in any case limited to a maximum of the amount that the liability insurer pays in a given case. If the insurer does not pay out in any case, or the damage is not covered by the insurance, the liability of drs. Daans is limited to the amount of the invoice.

2. The healthcare provider is only liable for bodily and/or material damage directly arising from the performance of the agreed services and which damage is directly the result of a shortcoming attributable to the healthcare provider in the performance of the agreement.

3. The healthcare provider is not liable for damage of any kind arising because the healthcare provider relied on incorrect and/or incomplete data provided by or on behalf of the client and/or patient.

4. The client and/or patient is liable for compensation for the damage suffered by the healthcare provider as a result of a shortcoming of the client and/or patient in the performance of their obligations under this agreement. 

Article 16 – Best Efforts Obligation:

Doctors associated with drs. Daans have an obligation of best efforts as a doctor regarding the patients they treat and not a result obligation. In good consultation with the client and/or patient, they will make every effort to achieve the desired result to the extent that it is medically feasible and responsible. Drs. Daans accepts no liability in the event that, despite exercising the utmost care, the result proves to be unattainable. This is in accordance with applicable case law and regulations.

Article 17 – Force Majeure:

1. The healthcare provider is not obliged to fulfill any obligation towards the client and/or patient if hindered from doing so as a result of a circumstance not attributable to their fault, and which cannot be attributed to them by law, a legal act, or prevailing views in society.

2. In case of force majeure, the healthcare provider is not liable for any resulting damages.

3. Force majeure includes, among other things: all external causes, foreseen or unforeseen, over which the healthcare provider cannot exert influence, but which prevent the healthcare provider from fulfilling their obligations. This includes, but is not limited to, fire, flood, war, natural disasters and other exceptional weather conditions, strikes, government measures, and non-delivery by suppliers.

Article 18 – Confidentiality:

Parties are obliged to maintain confidentiality of all confidential information obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it has been communicated by the other party or if it follows from the nature of the information.

Article 19 – Complaints Procedure:

1. In case of dissatisfaction regarding a treatment, the first step for you is to schedule a follow-up appointment with the healthcare provider. The healthcare provider has an obligation of best efforts to assist you as well as possible within the policy of drs. Daans. In most cases, we can find a suitable solution together with you during this conversation.

2. Drs. Daans has a complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the treatment agreement must be submitted in a timely, complete, and clearly described manner to the healthcare provider after the client and/or patient has identified the defects. The client and/or patient can request a complaint form via info@drsdaans.nl. Any additional photos, data, or documents supporting your complaint can be included.

3. Complaints submitted to the healthcare provider will be answered within 10 working days from the date of receipt. If a complaint requires a foreseeable longer processing time, the healthcare provider will promptly respond with an acknowledgment of receipt and an indication of the period within which a more detailed answer can be expected.

4. If, after following the steps in Articles 19.1, 19.2, and 19.3, no suitable solution is found, you have the option to submit your complaint to an independent complaints officer. The Healthcare Quality, Complaints and Disputes Act (Wkkgz) stipulates that every healthcare provider must be able to employ an independent complaints officer. The role of a complaints officer is to mediate between you and the clinic to jointly find a solution. If you have difficulty, they can also help you formulate your complaint, assist during mediation, and advise on the follow-up process. There are no costs associated with using the mediation of an independent complaints officer. If you wish to use this, please inform your doctor or send an email to info@drsdaans.nl

5. The client and/or patientand the healthcare provider agree to make every effort to resolve the dispute together before submitting it to one of the dispute resolution committees.

6. If the dispute cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure. Costs are associated with conducting a dispute. After careful investigation, the authority may issue a binding advice that both parties must adhere to drs. Daans is affiliated with (https://geschillenindezorg.nl/).

7. Pursuant to Article 108 of the Dutch Code of Civil Procedure, only the (subdistrict) court in the District Court of Amsterdam has jurisdiction over all possible disputes.

8. Parties will only resort to the court after making every effort to settle a complaint amicably.

9. Dutch law applies to all legal relationships between the healthcare provider and the client and/or patient. The competent court is the court in Amsterdam.

Article 20 – Amendment and Location of the General Terms and Conditions:

These General Terms and Conditions are deposited with the Chamber of Commerce in Amsterdam under number 90643933 and are available in written or electronic form at drs. Daans at all times. Drs. Daans is free to amend these general terms and conditions at any time. With an amendment, all previous versions expire: the version that applied at the time of the conclusion of the agreement always applies.