3812 EC at AMERSFOORT
And the associated subsidiaries and free-based (medical) staff.
For the time being, these terms and conditions shall mean:
- Clinic: Circumcision Point and its associated secondary sites.
- Agreement: all agreements concluded by the Clinic with a Patient regarding a treatment. In the case of the patient's minority, the Agreement between the Clinic and the Parents applies.
- Patient: the person who concludes an Agreement with the Clinic.
- Minor: Those who have not reached the age of eighteen
- Adult: Those who have reached the age of eighteen years
- Parents: The parent(s) or guardian who may and must exercise custody of the minor Patient as arranged in Book 1, Title 14 of the Civil Code.
- Treatment: all medical treatments exercised in the Clinic, in particular the circumcisions.
- Intake: Introductory interview for treatment with a Patient if the doctor feels called to enter it.
- Consultation: An appointment to speak to a doctor of the Clinic without the goal of immediate treatment, for example a "second opinion".
- Post-check: The appointment that takes place after treatment.
- In writing: In writing, these terms and conditions shall also mean: by e-mail, fax or any other means of communication which may be equated with the state of the art and the views expressed in social traffic.
- Family members up to the 2nd degree: spouse, the person with whom the insured person lives sustainably in fact or in law, every other person part of the family, (in-laws) parents, children, (brothers-in-law), (sisters-in-law, grandparents and grandchildren).
- Disease: a deterioration of health which makes the execution of the treatment at that time medically impossible.
- Accident: a sudden event whose cause lies outside the insured person's body and which causes bodily injury, determined by an approved doctor, which makes the medical ly impossible to carry out the treatment for the first three months.
- These conditions apply to all agreements concluded with Patient by the Clinic and by the associated free-range (medical) staff, insofar as such work is carried out within the framework of the Clinic.
- The two parties referred to in paragraph 1 of this Explanatory Statement shall remind the Patient of the existence and application of these terms and conditions on the Agreements to be concluded with him. At the patient's request, the terms and conditions are available at all times and they are sent to him free of charge if desired.
- Different conditions shall be part of the Agreement concluded between the Parties only if and to the extent that both parties have expressly agreed in writing.
- Accepting and maintaining an appointment confirmation by the Patient without contradiction, to which these conditions have been referred, shall be regarded as consent to its application.
- The possibility of not applying a (part of a) provision of these terms and conditions shall be without prejudice to the applicability of the other provisions.
- Additions or amendments to the terms and conditions or otherwise amendments or additions to the Agreement shall become binding only after written confirmation by the Patient.
- Agreements can be concluded both orally and in writing.
- Oral appointments bind the Patient only after they have been confirmed in writing by the Clinic by means of an appointment confirmation.
- The appointment confirmation will be sent by email as soon as possible, but no later than 1 week before the treatment.
- If an appointment is made less than 1 week before the treatment, a confirmation will be sent immediately by e-mail. The necessary data will also be provided by telephone.
- The Patient is obliged to check it immediately upon receipt of the appointment confirmation. You are responsible for the accuracy of your data.
Identification and consent
- Both parents and/or caregivers of the Patient should be present during treatment. One of the parents is sufficient provided that a written letter from the other parent is included with a copy of his valid id stating that he/she consents that his/her son is circumcised in our Clinic and that he or she authorizes the other parent to act on his/her behalf. Or proof of the register of authority that only a single parent exercises authority. The Clinic is entitled to suspend the Agreement if this condition is not met.
- Each Patient and both his parents should be able to legitimize themselves with a legally recognised id at the clinic's first request. If the Patient and both his parents do not show such proof of identity on request, the Clinic is entitled to suspend the Agreement.
- For treatment, both parents of the Patient must sign the letter "information and consent". In the case of an authorisation as discussed in paragraph 1(a) of this Article, one parent shall be sufficient. In the event of refusal, the Clinic is entitled to suspend the Agreement.
- Each Patient should always be able to legitimise himself at the first request of the Clinic with a legally recognized id. If a Patient is not able to show such proof of identity on request, the Clinic is entitled to suspend the Agreement.
- For treatment, each Patient must sign the letter "information and consent". In the event of refusal, the Clinic is entitled to suspend the Agreement.
- Each Patient must always provide a valid proof of his health insurance at the clinic's first request. The insurance card, which is valid on the treatment appointment, is sufficient.
Cancellation and suspension
- Consultation and intake interviews for treatment and treatments that are cancelled 48 hours or less before the relevant appointment or without the Patient appearing are not cancelled, is considered absence.
- The Patient must be present well in time for the appointment at the Clinic. If the Patient appears in the Clinic later than 15 minutes after the start of the scheduled appointment, this is considered absence.
- Subject to rebuttal, the Clinic administration shall provide full proof that such an appointment had been made.
- In the absence of a consultation, intake or treatment, 25% of the applicable rate will be charged.
- In the exception of paragraph 1, the Patient shall have the right to suspend the appointment for one of the following reasons:
- disease of the Patient which allows the execution of the treatment within three months;
- if patient is of age: death, illness or accident with danger of life or hospitalisation (minimum 48 hours) of a family member up to the 2nd degree requiring the presence of the Patient;
- if patient is a minor: death, illness or accident with danger of life or hospitalisation (minimum 48 hours) of a family member up to the 2nd degree requiring the presence of one of the Patient's parents;
- In the exception of paragraph 1, the Patient shall have the right to cancel the appointment for one of the following reasons:
- disease of the Patient which makes it impossible to carry out the treatment within three months;
- death or accident of the Patient.
- The Clinic doctor may decide during treatment to suspend or cancel the Agreement on medical grounds. If the Clinic cancels the treatment appointment on medical grounds, only consultation costs will be charged for treatment. If, after suspension, the treatment takes place at a later date at the Clinic, the previously completed consultation costs will be set off against the total amount to be paid for the treatment.
- Termination or suspension of the Agreement is possible if the Patient and/or the family and acquaintances who have come along behave inappropriately or inappropriately towards the Clinic, its staff, the volunteers and/or fellow patients and his family and acquaintances present in the Clinic. In the case of termination, the costs of the cancelled/suspended treatment are borne by the Patient.
- If, following a suspension as listed in paragraphs 5 and 7 of this Article, a cancellation follows, charges shall still be charged as provided for in paragraph 4 of this Article.
- The Clinic reserves the right to change the rates for treatment without further notice. The new tariffs will apply from the time of publication. Should legal pricing rules apply to a treatment, pricing is done in accordance with the applicable pricing rules of the Dutch Health Authority or any other body designated for that purpose.
- The rates in force at that time shall be indicated during the oral or written Agreement. These amounts for regular surgery up to the age of 12 years: EUR 269,- ; the age of 12 years to 16 years: EUR 319,- and 16 years and older: EUR 419,-. For consultations (information, second opinion, anders..) the standard rate of EUR 69,-
- Different rates may be made for each health insurance. The correct rate will be charged after your insurance card is provided on the day of treatment.
- For the Agreement concluded with the Patient, price increases may be passed on or charged 3 months after the conclusion of the Agreement. In the case of price increases within a shorter period of than 3 months, the Patient is entitled to terminate the Agreement.
- Rates shown in advertisements and brochures are as accurate as possible, but only for indication. No rights may be derived from this, unless the parties have expressly agreed otherwise in writing.
- Any contributions from health insurance should be provided by the Patient with his health insurance company. The Clinic is not responsible for any agreements made between the Patient and his health insurer.
- If the procedure is discontinued because during the procedure it appears that there is a birth defect or otherwise it is decided to discontinue the procedure, 37% of the rate will be charged for the costs incurred.
- Subject to exceptions, the Patient must make the payment of the invoice before treatment by pin or cash or pay at least 1 week in advance by transferring to bank account number NL10ABNA0825803381.
- Only after the payment has been made in accordance with the previous paragraph will actual treatment be made.
- Any contributions from the health insurers in the treatment should declare Patient himself. As stated in Article 5(6) the Clinic is not responsible for these contributions.
- An exception may be that the invoice is sent directly to the Patient. The Patient is required to comply with this invoice within 14 days of a daily drawing, unless the parties have expressly agreed otherwise in writing.
- Due to the mere fact that the Clinic has not received access to the full amount of the invoice at the expiry date of the invoice, Patient is in default without any notice.
- If the invoice has not been paid in full after the expiry of the period referred to in paragraph 1 of this Article:
- furthermore, all costs incurred by the Clinic in connection with the recovery, both legal and outside legal costs, will be borne by the Patient.
- the Patient will owe the Clinic an amount of 2%, cumulatively calculated on the principal, per month in administration costs; portions of a month are calculated as full month in this.
- The Patient, after being admonished by the Clinic, will be liable for a minimum of 15% of the sum of the principal excluding the administrative costs, with a minimum of 100,-
- the Clinic has the right, for each payment reminder sent to the Patient, notice, etc., to charge the Patient an amount of at least € 20.00 in this matter administration fee. The Clinic will mention this in the Agreement and/or on the invoice.
- in the event of judicial intervention, in addition to the extrajudicial costs, the patient also incurs costs of litigation.
- to the extent that the Clinic is required to pay sales tax on the recovery costs, the collection costs listed are increased.
- In case of complaints from Patient about the Clinic, the Patient turns to the Clinic. The complaints procedure and information can be accessed from the Secretariat of the Clinic
- Complaints must be reported in writing by the Patient to the Clinic's independent complaints committee within 8 days of discovery, but not later than 14 days after completion of treatment. The default should include the most detailed description of the defect as possible, so that the Clinic is able to respond appropriately.
- If a complaint is justified, the Clinic will still carry out the treatment as agreed, unless this has become demonstrably pointless for the Clinic. The latter must be made known in writing by the Clinic.
- If the treatment is no longer possible or meaningful, the Clinic will only be liable within the limits of Article 10.
- The Clinic will be able to carry out its work to the best of its ability, taking into account the care that can be expected of the Clinic. However, the Clinic is never liable for damages of any kind resulting from the provision of incorrect or incomplete information by the Patient to the Clinic. Furthermore, Patient exempts the Clinic from third-party claims for damages that result in one way or another.
- The Clinic will do everything in its power to secure patient-related, stored data, material and/or data, but the Clinic assumes no liability for the possible loss of this data, material and/or data.
- The Clinic is not liable for damage caused by intentional or equivalent gross negligence of non-management staff.
- The Clinic is not liable for damage, loss or destruction of objects, materials or data made available to its patients, by or on behalf of the Patient. This also applies if materials or data are damaged or lost during transport or transmission of material or data.
- The Clinic shall not be liable for damages relating to non-compliance with any obligation under the Agreement if it is prevented from doing so due to an uncalculable failure. There is an uncalculable shortcoming, for example, if the Clinic is unable to fulfil its obligations to Patient as a result of an uncalculable failure of third parties whose assistance the Clinic uses in the performance of the Agreement, or as a result of a failure of suppliers, couriers, or postal and/or telecommunications services.
- Any liability of the Clinic shall be limited to the amount paid in the relevant case on the basis of the professional liability insurance concluded by it, plus the amount of the excess which, in accordance with the policy conditions, is not borne by the insurer..
- An appeal by the Patient to set-off is not possible if the patient's counterclaim is fought by the Clinic on good grounds.
Secrecy and privacy
- The Clinic undertakes to keep the personal and medical data of the research and treatment carried out for The Patient and will not inform third parties, other than as a result of legal obligation or court order.
- Patient undertakes confidentiality of all confidential information obtained under the Clinic Agreement or from other sources. Information is considered confidential if it has been communicated by the Clinic or if it results from the nature of the information.
- The Clinic keeps the data and possible results of patient in a so-called medical record. This is the scope of the general legal provisions. Access to the medical records can only be obtained by Patient by a written request and after payment of the administrative costs due.
- The Clinic takes care of careful patient administration. Patient declares that the personal details he has provided and any applicable insurance details are correct.
- All images taken by the patient or family of the patient in the Clinic (photos, videos) are only for their own use and should never, ever be given to third parties or posted online on the internet and/or social media without the express consent of the Clinic.
Bankruptcy, decision-making, etc.
- In the event of (application of) (provisional) suspension of payment, (application for) bankruptcy of the Patient, all Agreements with the Patient will be terminated by law.
- Paragraph 1 of this Article shall not affect the other rights of the Clinic under the Law and the Agreement.
- If an event as referred to in paragraph 1 of this Article occurs, all claims made by the Clinic on the Patient under the relevant Agreement(s) and (ii) all claims made by the Clinic on the Patient are immediately and wholly required and the Clinic is entitled to cease service.
- If compliance with the patient under the Agreement concluded with the Clinic is not possible and is due to an incalculable non-compliance on the patient's part, and/or on the side of third parties or suppliers engaged in the performance of the Agreement, or in the event of any other significant reason occurring on the patient's side, the Patient shall be entitled to terminate the Agreement concluded between the parties or to suspend the fulfilment of his obligations to the Clinic for a reasonable period of time without any compensation. If the above situation occurs when the Agreement has already been partly implemented, the Clinic shall be required to fulfil its obligations to the Patient up to that point.
- The conditions in which there will be non-accountable non-compliance will include: war, riot, mobilisation, domestic and foreign unrest, government measures, strike and exclusion by workers or threats of these conditions, etc.; distortion of the currency ratios existing at the time of the agreement; failures due to fire, accident or other events and natural phenomena, indifferent to whether the non-timely compliance takes place with the Patient, his suppliers or third parties engaged by him for the performance of the undertaking.
Intellectual property and copyright
- Without prejudice to the provisions of these Terms and Conditions, the Clinic retains the rights and powers for that Clinic under the Copyright Act.
- All documents provided by the Clinic, such as opinions, Agreements, sketches, instructions, brochures, images, etc., are intended solely to be used by the Patient and may not be reproduced, disclosed or communicated to third parties without the prior consent of the Clinic, unless otherwise the nature of the documents provided.
Transfer rights and obligations
- Patients cannot then transfer rights and obligations under the Agreement to third parties after written permission from the Clinic.
Applicable law/competent judge
- The Agreement concluded between the Patient and the Clinic is limited to Dutch law. The disputes arising from the Agreement will also be settled under Dutch law.
- All disputes, insofar as not otherwise required by law, will be referred to the court competent for that purpose.
These conditions are established on August 1, 2018 and valid indefinitely.
All rights reserved to Circumcision Point