General terms and conditions Den Hoek treatment animals
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General Terms and Conditions Holistic Practice Den Hoek Treatment Animals
The following general terms and conditions apply to all agreements for veterinary treatment, services and / or delivery of goods by Holistic practice Den Hoek, unless explicitly agreed otherwise in advance in writing;
In these general terms and conditions the following definitions apply:
Holistic Practice : The veterinary practice, the veterinarians working there or the therapists and assistants working there, insofar as they are authorized to carry out the matters, actions and / or entering into agreements elsewhere in these general terms and conditions.
Veterinarian: A veterinarian employed by the Holistic Practice or acting under the responsibility of the Holistic Practice, charged with clinical activities and authorized to perform veterinary activities as referred to in the Veterinary Practice Act;
Therapist: A therapist employed by the Holistic Practice or acting under the responsibility of the Holistic Practice, charged with supporting alternative activities and authorized to perform these actions under the responsibility of the veterinarian (s) of the Holistic Practice present
Patient: The animal offered for treatment, or, in the case of the provision of medicines, the animal and / or the animals for which the medicines to be supplied are intended.
Therapy: Conducting examinations, treatment in a holistic manner, minor procedures, operations, providing and / or administering medicines and / or vaccinations as well as keeping, housing and caring for the patient and / or providing any other services, including including giving advice on behalf of a patient or the client.
Treatment agreement: An agreement in accordance with the principle of a best efforts obligation whereby the client requests treatment and the Holistic Practice honors this request, or the offer of the Holistic Practice to start a treatment in which the client has indicated in any way that he / she ( will) accept.
Client: The patient owner and / or provider of the patient;
Veterinary assistant: An assistant working in the Holistic Practice.
A. Patient treatment
- A treatment agreement is established and becomes legally valid as soon as the patient’s offer for treatment to the Holistic Practice by the client, or his representative or keeper of the animal, by whatever name, is followed by an acceptance for treatment by the Holistic Practitioner. Practice. The patient can be presented verbally, by telephone and / or physically. The appointment is confirmed by returning the complete registration form by internet, e-mail, fax or post, which is available via www.holistischdierenarts.nl
- Acceptance occurs as soon as the Holistic Practice commences the treatment or has determined a date and / or time for treatment, or has made a commitment to carry out the treatment at a time to be agreed upon.
- There is also a legally valid and binding agreement as soon as the client has requested the delivery of goods or services other than treatment and the practice has promised to (start to) comply with the client’s request.
- If the provider does not have a written power of attorney from the owner, he is obliged to fulfill the obligations under this agreement if the owner disputes the power of attorney.
- Only the veterinary assistants, veterinarians and therapists working in the Holistic Practice are authorized to accept agreements.
- The Holistic Practice has the right to conclude a treatment agreement with regard to a patient offered to it and / or the delivery of certain goods and / or services and / or only accept it under certain conditions if the Holistic Practice is of the opinion that treatment of the patient has no, or at least insufficient chance of success, or if the Holistic Practice is of the opinion that further treatment is not in the interest of the animal.
- In special cases, the Holistic Practice can make the acceptance dependent on the payment of a deposit determined by it, for example in the form of a down payment of part of the costs to be incurred by the Holistic Practice for the Treatment, or to require payment in advance of the costs to be incurred.
- The Holistic Practice can state in cases to be determined by it that a statement of approval must be signed by the client in advance for the treatment to be performed and the associated costs and risks. The Holistic Practice is at all times entitled to request the submission of a valid proof of identity with this statement of approval.
- The treatment agreement only obliges the Holistic Practice to provide treatment with due regard for all interests involved. However, the Holistic Practice is not obliged to any specific treatment or to deliver any predetermined and / or anticipated result.
- The wishes of the client are taken into account unless, in the opinion of the treating veterinarian, this does not contribute to an optimal treatment result or this wish leads to disruption of the other course of affairs within the Holistic Practice, or is contrary to legal regulations.
- If the patient dies or is euthanized during the treatment in the Holistic Practice – unless otherwise agreed – the Holistic Practice will arrange for the removal of the remains on the account of the owner. The client will be made aware of the possibility of cremation or burial unless circumstances make this impossible. The costs of the cremation / funeral as well as any transport and storage costs are at the expense of the client.
- At the explicit request of the client, the treatment will be terminated prematurely, provided that the client has previously consulted the attending veterinarian about this. In this consultation, the vet informs the client about the possible consequences of this termination
- If a treatment agreement is unilaterally canceled by the client, the client is obliged to reimburse all costs incurred up to that point, including but not limited to: all costs of the already reserved for the treatment: time, rooms, equipment, goods and / or by third parties already incurred costs for the benefit of the patient or client as well as for the treatment of goods already specially ordered.
- The vet can unilaterally cancel the (continuation of) treatment agreement if:
- the trust between the vet and the client has been disturbed in such a serious way that the vet no longer considers a workable situation to be present.
- The Holistic Practice is of the opinion that a (continuation of) treatment cannot reasonably be expected from it because there is no longer a reasonable chance of an intended and / or desired result.
- The Client will be informed of such a decision as soon as possible.
- The Client remains obliged to pay the handling costs incurred up to that point
- The Holistic Practice has the right to make use of third parties in the execution of the treatment agreement, without this having to be communicated to the client first.
- The agreement obliges the client to pay in accordance with the rates of the Holistic Practice. The most common rates are listed on the website.
- The client can be provided with an estimate of the expected costs in advance at his request. In principle, no rights can be derived from this estimate, as it is expressly only an estimate. Cost estimates must be provided by a veterinarian and the owner with a written note as having been seen and approved.
- Cost estimates only include the treatments and medicines specifically mentioned in this estimate. The costs of follow-up treatments and / or unexpected or whether or not foreseeable complications are never included in an agreed or estimated price and are always fully at the expense of the client.
- When charging accommodation costs to the client, the day of admission and the day of discharge or collection of the patient count as full nursing days.
- Payment is due:
- Primarily cash immediately after the end of the treatment or when collecting the patient or ordered goods.
- At the discretion of the Holistic Practice, payment can be agreed in exceptional cases within fourteen days after the invoice date, whereby administration costs are charged for submitting the invoice;
- If the client is unable or unwilling to pay immediately and the Holistic Practice is not willing to issue an invoice for its motivating reasons, the Holistic Practice will make use of its legal right of retention and keep the patient and / or the goods. In the event of a patient’s retention, the accommodation and care costs in accordance with the practice rate will be fully borne by the client, with due observance of the provisions in B sub 11 of these general terms and conditions.
- In special cases – at the discretion of the Holistic Practice – a payment arrangement can be agreed. In a payment arrangement, additional costs are charged to the client for this.
- The client is obliged to pay at all times and is liable in the event of default thereof. This therefore also applies if the costs are covered by an insurance taken out by the client or an insurance taken out by third parties in the event of third party liability. Payment by an insurer or a third party will result in discharge to the extent that the value of that payment corresponds to the amount of the claim against the client.
- If no payment has been received by the Holistic practice within fourteen days after the invoice date, the client is obliged to pay the interest of 2% per month in addition to the amount due and a minimum of 5 euros in administration costs per reminder. The client is obliged to pass on changes of address regarding the billing address to the Holistic Practice in a timely manner
- If collection must be carried out, whether or not by or via third parties, the client, in addition to the amount owed in Article B, sub 9, is obliged to pay full compensation for both the extrajudicial and judicial collection costs. The extrajudicial collection costs amount to at least 15% of the amount due with a minimum of 75 euros, as well as the statutory interest.
C. Other provisions.
- The client is not allowed to enter other areas of the Holistic Practice than the waiting room and counter without prior permission from the Holistic Practice.
- Even in the unlikely event that the treatment does not give the desired result or not fully, the full costs for the treatment performed must still be paid without any discount, as he has a best efforts obligation.
- The Holistic Practice is only liable and / or there can only be a possible breach of contract if this is the result of gross negligence or intent. The foregoing only applies if the client has been able to demonstrate this plausibly, whether or not by means of a written statement from an expert in the matter.
- The Holistic Practice is at all times entitled to euthanize an animal entrusted to it that is acutely in serious suffering without any prospect of recovery, without being obliged to pay any compensation to the owner or any other entitled party. Where possible, the Holistic Practice will try as much as possible to inform the client in advance about the situation that has arisen.
- The client is obliged to inspect the performance, treatments and / or medicaments to be provided by the Holistic Practice immediately after receipt or implementation for immediately detectable defects and / or imperfections. The client must verbally report complaints about the services, treatments and / or goods provided within 7 days after the defect and / or imperfection has become known to the client and / or could have been made known. This verbal notification must be confirmed in writing by the client within 7 days at the latest. If one of these terms is exceeded, any claim against the Holistic Practice in respect of any defect or imperfection lapses.
- If the Holistic Practice considers the complaint about the treatment, the performance and / or delivered goods to be well-founded, the Holistic Practice has the right at all times and the client must be given the opportunity to:
- if that is still possible, to perform the performance correctly within a reasonable period of time,
- If possible, to remedy the defect then which to deliver an article or service that is without this defect or;
- to credit the amount owed by the client, at the discretion of the Holistic Practice.
- If the Holistic Practice is liable in any way, this liability is at all times limited to the amount to which the liability insurance of the Holistic Practice gives a right to payment in a given case. The policy conditions and policy sheets of this insurance are available for inspection at the Holistic Practice, of which a copy will be provided free of charge at the client’s first request. Compensation for indirect damage is excluded at all times, including in any case, but not exclusively: consequential damage, lost profit, missed savings and damage due to (business) stagnation and the like.
- The Holistic Practice retains at all times the ownership of all aids used for the treatment, original copies, patient cards, laboratory results and all other documents and other information carriers such as for example X-rays that relate to the treated patient. On request, the client can receive copies of the information carriers and / or other documents at a cost price.
- All (treatment) agreements between the Holistic Practice and the client are exclusively governed by Dutch law. In the event of a dispute that falls within the legal competence of the District Court, the court in the place of establishment of the Holistic Practice has jurisdiction to hear the dispute, without prejudice to the jurisdiction of the Holistic Practice a dispute to the competent authority according to the law. judge. the agreement entered into is always the character
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