GENERAL TERMS AND CONDITIONS

 

(Content set up by GAT. Copyright: https://gatgeschillen.nl)

 

1. Scope of application

  • These terms and conditions apply to and form part of all current and future offers, agreements and other acts with possible legal consequence whereby Sole in Balance (registered in the trade register of the Chamber of Commerce under number 82297835) or (one of) its owners is involved.
  • Deviations from these general terms and conditions are only valid if these deviations have been expressly agreed in writing between the parties. The client cannot derive any rights for future agreements from such a written altered agreement.
  • Other general terms and conditions, including those of the patient / client, however they are stated or called, do not apply to the legal relationship between the parties and are rejected by GAT.

 

2. Definitions

The following definitions apply in this agreement:

  • Therapist: Healthcare provider (natural or legal person), who is affiliated with one (or more) recognized professional organization (s) named CAT – Collectief Alternatieve Therapeuten;
  • Agreement: treatment agreement between the healthcare provider and the client
  • Parties: Healthcare provider and client (also referred to as counterparty)
  • Wkkgz: Wet kwaliteit klachten en geschillen zorg (Quality of Complaints and Disputes Care Act).

 

3. Treatment agreements

  • Offers of the therapist do not form an obligation and can be revoked, even if they specify a term for which the offer applies.
  • An agreement is concluded either by written acceptance of the conditions by the client or a verbal confirmation. If any changes are made to this by the client, the agreement will only be concluded after the therapist has agreed to those changes in writing.
  • An agreement can relate to a single treatment as well as a series of treatments.

 

4. Duration and termination of the agreement

  • Unless stipulated otherwise in the agreement, it is valid for the duration of a treatment plan or for an individual treatment. After the agreed period has expired, the agreement can be extended in agreement between both parties.
  • Termination of the treatment agreement is possible at any time by mutual consent.
  • Any right of the client to set off any claims against the therapist is expressly excluded. The therapist has the right and authority at all times to set off claims it has on the client against any claims that the client has on the therapist.

 

5. Cancellation and modification

  • The client commits to cancel or modify an appointment at least 48 hours in advance.
  • The following conditions apply to cancellation of appointments.

- In case of cancellation up to 48 hours before the appointment, no costs will be charged.

- In case of cancellation or modification within 24-48 hours before the start of an appointment, 50% of the costs will be charged.

- In case of cancellation or modification within 24 hours before the start of an appointment, or in case of no show, 100% of the costs will be charged.

- If the client arrives at Sole in Balance later than the agreed time, Sole in Balance may shorten the treatment and the rate will not be reduced.

- The healthcare provider is reasonably entitled to change an appointment that has already been scheduled.

 

6. Confidentiality, file management and right for inspection

  • The therapist will treat all information (received before/during and related to the treatments) regarding the client confidentially and will not make this information available to third parties, unless the therapist is obliged to do so, or has obtained permission.
  • The therapist will provide reports of the treatments at the request of the client at all stages, with consideration of GDPR. The client provides all relevant information to the therapist via the intake interview and follow up conversations.
  • The client has the right to look into their own file. The file is kept for a total of 15 years in accordance with the legal regulations.

 

7. Force majeure

If the healthcare provider cannot, not timely or not properly fulfill its obligations due to a cause that cannot be attributed to him/her, including (but not limited to) illness of (one of) the person responsible for the delivery of the agreement, etc., the obligations of the health care provider will be suspended until the moment when he/she is able to fulfill those obligations.

 

8. Invoicing and Payment

  • All prices are in Euros (€). All prices include VAT. / sales tax, unless it is explicitly stated that this is not included. The costs of the therapy are listed on the website.
  • Services for private clients will be paid immediately after the providing of services to the therapist. Payments are accepted via payment request or in cash after the treatment. Invoicing takes place on the basis of agreed rates on the day of the treatment.
  • Services for corporate clients will be charged by the therapist by issuing an invoice as per agreement.
  • If one or more elements of the price increase after the date of the original agreement, the therapist is entitled to increase the agreed price accordingly.
  • The therapist is entitled to increase the agreed price every year.
  • In case there is an agreed treatment project, the parties can agree on payment in installments in writing.

 

9. Liability

  • The therapist has a „best efforts” obligation during the performance of services. This means that results cannot be guaranteed.
  • The therapist will not provide a (medical) guarantee, nor is she / he liable in any way for (medical) complications that arise at the time or after the performance of the service for the client, that are not due to a serious attributable shortcoming on behalf of of the therapist. The therapist is in no way liable for consequential damage.
  • The therapist is not liable if damage arises because the client has not properly followed verbal or written advice by the healthcare provider.
  • The liability of the therapist for damage resulting from the services provided by him / her is limited to a maximum of the costs of the treatment. In all cases, any liability of the healthcare provider is limited to the amount charged to the client, or to a maximum of the amount covered by the liability insurance of the healthcare provider.
  • The therapist is in no way liable for the quality and composition of supplements, medicines, etc. recommended by him / her.
  • The therapy should not be regarded as (a substitute for) medical diagnosis and treatment. If the client is under medical treatment, it is advised to consult with the attending physician / care provider whether a naturopathic treatment is (un) desirable.
  • If the therapist is unable to carry out the treatments for a period longer than four weeks due to illness or other causes, she may propose that a fellow therapist be called in for her to take over the treatment.

 

10. Governing Law and Disputes

  • Dutch law applies to the services provided by the therapist.
  • In disputes arising from or in connection with the services of the therapist, only the court has jurisdiction to hear this dispute.
  • In case of complaints, please first contact the therapist. In case of complaints about the treatment, that cannot be solved directly with the therapist, the client may contact GAT - Geschilleninstantie Alternatieve Therapeuten (https://www.gatgeschillen.nl/).

 

11. Other provisions

If one or more articles of the current general terms and conditions are declared null and void, this does not affect the validity of the other articles of the current general terms and conditions. 

 

12. AVG / Privacy statement

  • For further information about GDPR and Privacy statement, see website.

 

DISCLAIMER

The information on the current website is not a personal treatment plan for the visitor. No rights can be derived from the displayed content, nor is the owner of the website liable for damage caused directly or indirectly by the information on this website. For a tailored treatment, ask for advice from a regular doctor or a therapist who is recognized by a professional organization recognized by the GAT. The treatments offered on the current website fall under alternative and/or complementary care. These do not replace the diagnosis, care and/or treatments of regular healthcare. The texts on this website are subject to copyright and cannot be used and copied without permission from the owner.