1. Applicability a. These terms and conditions apply to and form part of all current and future offers, agreements and other acts aimed at any legal effect in which Holy-You (registered in the trade register of the Chamber of Commerce under number 95443517) or (one of) its owner, hereinafter referred to as Caroline Jacobs, is involved, as well as to all consequences thereof. b. Deviations from these general terms and conditions are only valid insofar as these deviations have been expressly agreed in writing between both parties. The Client cannot derive any rights for future agreements from such an explicit deviation agreed in writing. c. Other general terms and conditions, including those of the patient/client, whatever they are stated or called, do not apply to the legal relationship between the parties and are rejected in advance.
  2. Concepts For the purposes of this Agreement, the following definitions shall apply: a. Healthcare provider: therapist (natural or legal person) who is affiliated with one (or more) recognized professional organization(s) called: CAT - Collective Alternative Therapists. b. Agreement: concluded (treatment) agreement between the healthcare provider and the patient/client. c. Parties: Healthcare provider and patient/client (also known as counterparty). d. W.k.k.g.z.: Healthcare Quality Complaints and Disputes Act.
  3. Acceptance of assignments All offers from the healthcare provider are subject to change and revocable, even if they state a term for which the offer applies. In the case of oral information, an offer is only deemed to have been made as soon as this has been confirmed in writing by the healthcare provider.

An agreement is concluded by a written acceptance of the price agreement by the patient/client, in which case the agreement is only concluded after the healthcare provider has agreed to that change in writing.

An agreement can concern both a separate treatment and a trajectory of treatments.

  1. Duration of agreement and dissolution a. Unless otherwise stipulated in the agreement, it is entered into for the duration of a process or individual treatment. At the end of the agreed contract period, the agreement can be extended (also tacitly) in consultation between both parties. b. Without prejudice to the right to reimbursement of costs, damages and interest, each of the parties is entitled to dissolve the agreement with immediate effect by registered letter without judicial intervention if:
  • The other party has failed to comply with one or more of its obligations and is negligent in complying with its obligations within a period set for it by registered letter, unless the shortcoming(s) is of such a nature or minor importance that it does not reasonably justify dissolution.
  • For the other party, bankruptcy or suspension of payments is applied for or granted, or measures are taken that indicate the termination or cessation of the business.
    c. Any right of the patient/client to set-off any claims against the healthcare provider, including from the patient/client against the healthcare provider, is expressly excluded. The healthcare provider has the right and authority at all times to set off any claims it has against the patient/client against any claims the patient/client may have against the healthcare provider.
  1. Cancellation a. Cancellation of appointments resulting from an agreement must take place no later than 48 hours before the agreed time. b. The following cancellation conditions apply to cancellation of appointments.
  • - One-time appointments: o Cancellation of an appointment must be made no later than 48 hours before the agreed time. o In case of cancellation up to 48 hours before the start of the appointment, the client does not owe any costs. o If cancelled between 48 hours and 24 hours before the appointment, 50% of the cost of the appointment will be charged. o In case of cancellation within 24 hours before the start of the appointment, the full amount of the booked service will be charged.
  • - Periodic appointments: o For periodic appointments, cancellations are free of charge no later than 48 hours before the appointment. o If cancelled within 48 hours to 24 hours before the appointment, 50% of the cost will be charged. o Cancellations within 24 hours of the appointment will be invoiced in full.
  • - No-show of clients: o If a client does not show up on the day of the appointment without cancellation, the full amount for the booked service will be charged. Discount or settlement is not possible in this case.
  • - Change of appointments: o If a consultation is postponed to a later date at the client's request, the following costs will be charged: o If rescheduled up to 48 hours before the start of the appointment, no costs are due. o If rescheduled within 48 hours before the start of the appointment, 50% of the costs will be charged. o If rescheduled within 24 hours before the start of the appointment, the full amount will be charged.
  • The healthcare provider is reasonably entitled to change an appointment that has already been scheduled.
  1. Confidentiality, file management and right of access a. The Healthcare Provider shall treat all information concerning the patient/client that he/she obtains in the performance of its services as confidential and shall not make this information available to third parties, except insofar as the Healthcare Provider is obliged to do so or the Healthcare Provider has obtained permission. b. The healthcare provider will impose a duty of confidentiality as described in paragraph 1 on its employees and any third parties engaged in the performance of services. c. The healthcare provider will provide reports on treatments/treatment trajectories at the request of the patient/client, taking into account the GDPR.
  2. Force majeure If the healthcare provider is unable to fulfil its obligations under the agreement, or is unable to do so in a timely manner or properly, as a result of a cause that cannot be attributed to it, including (but not limited to): stagnation in the regular course of events within the healthcare provider's organisation, illness of (one of) the persons charged with the performance of the agreement, etc., the healthcare provider's obligations will be suspended until such time as it is able to fulfil those obligations.
  3. Invoicing a. All prices are in Euros (€). All prices include VAT/VAT, unless explicitly stated that this is not included. b. Services for private individuals, patients/clients must be paid by the therapist/naturopath immediately after the service has been provided against the consultation of an invoice. c. Services for patients/clients who are not private individuals will be charged by the healthcare provider by means of an invoice as agreed. d. Invoicing takes place on the basis of the rates agreed between the parties and the number of transactions at the start of the service. e. Unless otherwise agreed in writing, the patient/client must pay to the healthcare provider within 14 days of the invoice date, without invoking set-off. f. If, after the date of the conclusion of the agreement, one or more price factors undergo an increase, the healthcare provider is entitled to increase the agreed price accordingly. g. The healthcare provider is entitled to increase the agreed price every year. h. In the case of a process, the parties can agree on payment terms in writing. i. If the payment term is exceeded, the patient/client will be in default, without notice of default being required. The healthcare provider is entitled to suspend its obligations to provide services with effect from the date on which the payment term has expired. The healthcare provider will inform the patient/client in a timely manner of the aforementioned suspension of his/her services. As of the aforementioned date, the patient/client will owe statutory interest on the outstanding amount. Furthermore, all extrajudicial collection costs are borne by the patient/client. Collection costs include the costs of lawyers, bailiffs and debt collection agencies, determined in accordance with the applicable or customary rates.
  4. Liability a. In the performance of the services provided by the healthcare provider, there is an obligation to perform to the best of one's ability. b. The healthcare provider does not provide a (medical) guarantee in any way, nor is he/she liable in any way for (medical) complications that occur to the patient/client at the time or after the performance of the service, which are not attributable to a serious attributable shortcoming on the part of the healthcare provider. c. The healthcare provider is in no way liable for the consequential damage. d. The healthcare provider is not liable for damage resulting from the fact that the patient/client has not properly followed oral or written advice by the healthcare provider. e. The liability of the healthcare provider for damage resulting from the services provided by the healthcare provider - possibly with the involvement of non-subordinates - is limited to a maximum of the costs of treatment. f. In all cases, any liability of the healthcare provider is limited to the amount charged to the patient/client, or to a maximum of the amount covered by the healthcare provider. g. The healthcare provider is in no way liable for the quality and composition of the aids, supplements, medicines, etc. recommended by it.
  5. Governing Law and Disputes a. The services provided by the healthcare provider are governed by Dutch law. b. In disputes arising from or related to the services of the healthcare provider, the court has exclusive jurisdiction to hear this dispute.
  6. Miscellaneous a. If one or more articles of these general terms and conditions are declared null and void, this will affect the validity of the other articles of these general terms and conditions.