GENERAL TERMS AND CONDITIONS
GENERAL TERMS & CONDITIONS
Jasper Dzuki Jelen (sole proprietorship)
Johan Willem Frisolaan 32b, 4818Lh, Breda
Chamber of Commerce (NL) 24451626
IBAN NL63 ASNB 0707175909
info@jasperdzukijelen.com
Drawn up on 15 January 2025 in Breda
With permission based on GAT general terms and conditions for Alternative / Complementary Therapists
1. Applicability
1. These conditions are applicable to and form part of all current and future offers, agreements and other actions aimed at any legal effect in which Jasper Dzuki Jelen (registered in the trade register of the Chamber of Commerce under number 24451626) or (one of) its owner(s)/director(s), further referred to as “owners”, is involved, as well as to all consequences thereof.
2. Deviations from these general terms and conditions are only valid insofar as these deviations have been expressly agreed upon in writing between the parties. Client cannot derive any rights for future agreements from such an explicitly and in writing agreed deviation.
3. Other general conditions, including those of the patient/client, however stated or named, shall not apply to the legal relationship between parties and are rejected in advance.
2. Terms
For purposes of this Agreement, the following terms shall have the following meanings:
1. Heath care provider / Care provider / provider: therapist (natural or legal person) affiliated with one (or more) recognized professional organization(s) called CAT Collective.
2. Patient/client: private or non-private party who purchases services or goods from care provider on the basis of an agreement.
3. Agreement: concluded (treatment) agreement between the care provider and the patient/client.
4. Parties: care provider and patient/client (also referred to as counterparty).
5. Wkkgz: Act on quality complaints and disputes care (Dutch law).
3. Acceptance of assignments
1. All offers of the care provider are non-binding and revocable, even if they specify a period for which the offer applies. If information is provided verbally, an offer will only be deemed to have been made once it has been confirmed in writing by the care provider.
2. An agreement is established by a written acceptance of the price agreement by the patient/client or a verbal confirmation. If changes are made therein by the patient/client, the agreement will only be concluded after the care provider has agreed to such changes in writing.
3. An agreement may concern an individual treatment or a course of treatments.
4. Duration of Agreement and Termination
1. Unless otherwise specified in the agreement, it is entered into for the duration of a treatment program or individual session. After the agreed contract period ends, the agreement may be extended (also tacitly) upon mutual consultation.
2. Each party is entitled to terminate the agreement with immediate effect by registered letter, without court intervention and without prejudice to the right to claim compensation for costs, damages, and interest, if:
- The other party has failed to meet one or more of its obligations and remains in default after a deadline for compliance has been set via registered letter, unless the breach is of such minor nature that termination is not reasonably justified.
- Bankruptcy or suspension of payment is requested or granted for the other party, or measures are taken indicating termination or cessation of the business.
3. Any right of the patient/client to offset claims against the care provider with any of their own claims is expressly excluded. The care provider has the right to offset claims it has against the patient/client with any claims the patient/client has against the care provider.
5. Cancellation
1. Cancellation of appointments arising from an agreement must be made no later than 48 hours before the agreed time.
2. The following cancellation conditions apply to the cancellation of appointments.
- If cancelled up to 48 hours before the start of a consultation, the patient/client owes no fee.
- On cancellation between 24-48 hours before the start of a consultation, the patient/client owes 50% of the amount the appointment.
- For cancellation within 24 hours before the start of a consultation, the patient/client shall owe 100% of the amount for the appointment.
- If a consultation is postponed to a later date at the request of a patient/client, the patient/client shall owe no fee for postponement up to 48 hours before the start of the appointment, 50% of the amount for the appointment within 48 hours before the start and the full amount within 24 hours before the start of the appointment.
- If cancellation does not occur or occurs too late, the healthcare provider is entitled to charge for the service(s) in question without prejudice to the right to payment of all costs incurred by him/her in this regard.
- The healthcare provider is reasonably entitled to change an already scheduled appointment.
6. Confidentiality, Record Keeping and Right of Access
1. The care provider will treat all client/patient information confidentially and will not share it with third parties unless legally required or with permission.
2. Employees and third parties involved must also adhere to this confidentiality.
3. Treatment reports will be provided upon request, in accordance with the GDPR.
4. Where the confidentiality obligation doesn't apply, the provider must inform the client.
5. Clients must keep confidential any information about the provider that they know or reasonably should know is confidential.
6. Clients must take all necessary steps to keep such information confidential.
7. Exceptions to confidentiality:
- With written consent.
- Information already public or made public without breach.
- Required by law.
- Needed for a complaint procedure (Article 10.6).
8. This confidentiality obligation applies during the agreement and for 3 years afterward.
More info: https://www.jasperdzukijelen.com/privacy-policy-1
7. Force Majeure
1. In addition to Civil Code 6:75, failure by the provider is not attributable in case of force majeure, including:
- Emergency (e.g. civil war, natural disaster)
- Failures by suppliers, delivery services
- Power, internet, telecom outages
- Viruses
- Strikes
- Government measures
- Transportation issues
- Bad weather
- Work stoppages
2. Obligations are suspended during force majeure.
3. After 30 days of force majeure, either party may cancel the agreement in whole or in part.
4. No compensation is owed by the provider, even if they benefit from the situation.
8. Invoicing and Payment
1. Prices are in Euros (€) and include VAT unless otherwise stated.
2. Private clients must pay immediately upon service, with invoice.
3. Non-private clients are billed per agreement.
4. Billing is based on agreed rates and service volume.
5. Payment is due within 14 days, without offset.
6. A deposit up to 100% may be required for group training.
7. The provider may increase prices if cost factors rise.
8. Annual price increases are permitted.
9. Installment payments can be arranged in writing.
10. If the term of payment is exceeded, the patient/client is in default, without notice of default being required. The care provider is entitled to suspend his/her obligations to perform services from the date on which the payment term has expired. The healthcare provider will timely inform the patient/client of said suspension of his/her services. The patient/client will owe statutory interest on the outstanding amount as of the aforementioned date. Furthermore, all extrajudicial collection costs shall be borne by the patient/client. Collection costs include the costs of lawyers, bailiffs and collection agencies, determined in accordance with the applicable or usual rates.
9. Liability
1. In the execution of the services of the care provider, there is an obligation of effort.
2. The care provider gives no (medical) guarantee nor is he in any way liable for (medical) complications occurring to the patient/client at the time or after the performance of the services, which are not due to a serious attributable shortcoming on the part of the care provider.
3. The care provider is in no way liable for consequential damages.
4. The healthcare provider is not liable to the extent that damage results from the fact that the patient/client did not properly follow verbal or written advice given by the healthcare provider.
5. The liability of the care provider for damage arising from the services performed by him/her - possibly with the engagement of non-subordinates - is limited to a maximum of the costs of a treatment.
6. In all cases, any liability of the care provider will be limited to the amount charged to the patient/client, or to a maximum of the amount covered by the liability insurance taken out by the care provider.
7. The healthcare provider is in no way liable for the quality and composition of the aids, supplements, medications, etc. recommended by him/her.
8. When the healthcare provider enters into an agreement with several patients/clients, each of them is jointly and severally liable.
10. Complaints
1. If a service rendered does not meet what the patient/client could reasonably expect, the patient/client must notify the care provider of this within two months of establishing the shortcoming.
2. In doing so, the patient/client shall provide as detailed a description of the shortcoming as possible, so that the healthcare provider can respond appropriately.
3. The patient/client must demonstrate that the complaint relates to an agreement between the patient/client and the healthcare provider.
4. If a complaint is about ongoing services, the patient/client cannot demand that the healthcare provider perform work other than that agreed upon.
5. If the patient/client is not satisfied with the healthcare provider's services, the patient/client will notify the healthcare provider as soon as possible. The healthcare provider will then attempt to reach an informal solution.
6. If the aforementioned complaints procedure does not lead to a solution, the Client can submit a complaint to Geschilleninstantie Alternatieve Therapeuten (GAT) at: https://www.gatgeschillen.nl/ik-heb-een-klacht-wat-nu/ .
7. Any right of the patient/client to compensation from the healthcare provider expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
11. Intellectual Property
1. The care provider retains all intellectual property rights to all designs, drawings, writings, carriers containing data or other information, quotations, images, sketches, models and models, unless otherwise agreed upon.
2. The patient/client may not show, make available or otherwise use the intellectual property rights in paragraph 1 to others without the prior written consent of the healthcare provider.
12. Penalty clause
1. If the patient/client violates the intellectual property article, he must pay to the healthcare provider an immediately payable fine for each violation.
2. If the patient/client is a private individual then the penalty in paragraph a: €1,000.
3. If the patient/client is not a private individual then the fine in paragraph a: €5,000.
4. In addition, the patient/client must pay an amount of 5% of applicable amount in section 2 or 3 for each day that such violation continues.
5. The patient/client must pay the penalty in section 1 without the need for a notice of default or court proceedings. Neither need there be any damages.
6. The healthcare provider may claim damages from the patient/client in addition to the fine in section 1.
13. Amendment of Agreement
When it is necessary for its execution to amend a concluded agreement, the patient/client and the healthcare provider may amend the agreement.
14. Modification of general conditions.
1. The healthcare provider may amend these general terms and conditions.
2. The care provider may always make minor amendments.
3. If possible, the care provider will discuss drastic changes with the patient/client in advance.
4. The patient/client may cancel the underlying agreement in the event of a major change to the general conditions.
15. Transfer of rights.
1. The patient/client cannot transfer any rights from an agreement with the healthcare provider to others without the written consent of the healthcare provider.
2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.
16. Applicable law and disputes
1. Dutch law applies to these general conditions and any underlying agreement between the patient/client and the care provider.
2. The court in the district of the care provider's place of business has exclusive jurisdiction to take cognizance of any disputes between the patient/client and the care provider, unless otherwise provided by law.
17. Other provisions
1. If one or more provisions of these general conditions prove to be void or voidable, this will not affect the other provisions of these conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what the care provider had in mind when drafting the conditions on that point.
DISCLAIMER
The information on current website is not a personal treatment plan for the visitor / patient / client. No rights can be derived from the content shown nor is the owner of the website liable for damages caused directly or indirectly by the information on this website. For a treatment tailored to your own situation, seek advice from a regular doctor or a therapist recognized by a professional organization recognized by the GAT. The treatments offered on this website fall under the heading of alternative and/or complementary care. It does not replace the diagnosis, care and/or nursing of regular health care. The texts on this website are copyrighted and cannot be used and copied without the permission of the owner.