General terms and conditions
This is an English translation for your convenience. In case of any difference between this translation and the Dutch text, the Dutch text prevails.
Qlinic B.V.
These general terms and conditions apply to all agreements entered into with Qlinic B.V. as a company providing supervised medical weight loss, in the broadest sense of the word.
Clinic: Qlinic B.V., registered with the Chamber of Commerce (KVK) under number 42048993, has its registered office at Markenhaven 25A, 3826 AC Amersfoort, and also has a branch at Vechtstroom 22, 2721 DG Zoetermeer.
Article 1: Definitions
Practitioner: Dr N. Mozafari and Dr N. Grover.
Treatment agreement: All agreements between Qlinic and the patient relating to medically supervised weight loss.
Patient: The other party to Qlinic when entering into the treatment agreement.
Treatment: All medical supervision, consultations and related care provided in the context of medical weight loss that are carried out by Qlinic.
Article 2: Exceptions to the general terms and conditions
A deviation from these general terms and conditions is only valid if Qlinic has expressly agreed to it in writing. The patient waives the applicability of his/her own terms and conditions.
Article 3: Results of medical treatment
All treatments carried out by medical professionals fall under medical care. The treatment agreement gives rise to an obligation to use best efforts (inspanningsverbintenis) and not to an obligation to achieve a result (resultaatsverbintenis). Qlinic cannot guarantee any specific weight loss or outcome.
Article 4: Results of guidance / programme
The best-efforts obligation also applies to the guidance, advice and the use of medical means or methods in the medical weight loss programme. Complications or variation in individual results are possible.
Article 5: Performance of the treatment agreement
Qlinic performs the treatment agreement in accordance with the applicable guidelines of the Inspectie Gezondheidszorg en Jeugd (the Dutch Health and Youth Care Inspectorate). Qlinic may have work carried out by third parties if this is necessary for proper performance.
Article 6: Confidentiality
Qlinic is bound by confidentiality towards third parties who are not involved in carrying out the assignment. This duty of confidentiality covers all information of a confidential nature that the patient has made available to Qlinic. The duty of confidentiality does not apply if there is a legal obligation to disclose certain information.
Qlinic is entitled to use the information it has obtained for statistical purposes. Qlinic will ensure that the information cannot be traced back to the individual patient.
Article 7: Information for presentation purposes
If written consent has been obtained from the patient, Qlinic will make (public) use of the information it has obtained before, during and/or after the treatment.
Article 8: Liability for personal belongings
Qlinic is not liable for damage to, or loss of, patients' belongings. The patient must take the necessary care to prevent damage to, or loss of, his/her belongings.
Article 9: Calling off or cancelling an appointment, failure to attend or default
In this provision, default (verzuim) means: calling off, cancelling, failing to attend or default. In the event of default for a treatment, an amount of fifty euros (€50) will be charged. Unless proven otherwise, Qlinic's records serve in this respect as full proof that such an appointment was made.
In the event of default by patients who obtained the right to a treatment agreement through a voucher or coupon, the right to treatment lapses without any refund of the costs of obtaining the voucher or coupon.
Article 10: Unforeseen circumstances
Unforeseen circumstances are circumstances that prevent the performance of the assignment and that cannot be attributed to Qlinic. These include, among other things: strikes at other companies, wildcat strikes or political strikes at Qlinic, an unforeseeable shortage of staff, illness of a practitioner, departure of a practitioner, illness within the medical team, a general shortage of the required substances and/or other required goods or services, unforeseeable stagnation at suppliers or other third parties, general transport problems and/or the cancellation and/or change of flights. These circumstances constitute force majeure.
During the period of force majeure, Qlinic's obligations are suspended. If that period lasts longer than three months, both parties have the right to terminate the agreement, without any obligation to pay compensation in that case.
Both Qlinic and the patient retain the right at all times to move the date and/or time of the treatment on account of demonstrable special circumstances (force majeure).
Article 11: Identity and provision of information
The patient provides the practitioner, including in response to the practitioner's questions, to the best of his/her knowledge with the information and cooperation that the practitioner reasonably requires to perform the treatment agreement. This includes showing proof of identity and completing the medical questionnaire. If the patient uses medication, he/she brings an up-to-date medication overview from the pharmacy to the consultation.
Every patient must always be able to identify himself/herself at Qlinic's first request with a legally recognised identity document. If a patient is unable to show such an identity document on request, Qlinic is entitled to suspend the treatment agreement.
Article 12: Termination or suspension of the treatment agreement
The treatment agreement may be terminated, dissolved and/or suspended if the patient behaves improperly or discourteously towards Qlinic, its employees, the volunteers working there and/or fellow patients.
Article 13: Payment for the treatment
Payment for a treatment must be made immediately after the treatment.
Article 14: Collection of payments
In addition, all costs incurred by Qlinic in connection with collection, both judicial and extrajudicial, are borne by the patient. As long as Qlinic itself is handling the collection, the extrajudicial costs amount to fifteen percent of the claim, with a minimum of thirty euros.
If payment has not been received within seven days of the last reminder, Qlinic will automatically hand over the claim on this invoice to a debt collection agency. If Qlinic engages third parties for the collection, the patient owes the total extrajudicial costs actually incurred by Qlinic. In the event of legal proceedings, the patient will also bear the court-assessed legal costs (geliquideerde proceskosten) in addition to the extrajudicial costs.
Article 15: Price changes
Qlinic reserves the right to change the rates in the price list without further notice. The new rates apply from the moment they are announced. Should statutory price regulations apply to a treatment. However, the prices of ongoing treatments remain valid. The same applies to quotations, but only for as long as the quotation is valid. If a response is received after the stated quotation date, the patient automatically agrees to the new price.
Article 16: Set-off
The patient may not invoke set-off if the patient's counterclaim is disputed by Qlinic on reasonable grounds.
Article 17: Liability of Qlinic
Qlinic's liability, for both direct and consequential damage, and insofar as it is covered by its liability insurance, is limited to the amount paid out by the insurer. If the insurer does not pay out in any case, or if the damage is not covered by the insurance, Qlinic's liability is limited to the amount of the invoice. Rights to compensation on account of liability expire six months after the final check of the treatment has been carried out by the practitioner.
Article 18: Liability for damage covered by insurance
Nor does Qlinic accept liability for damage for which a right to compensation exists under an insurance policy (for example by taking out travel and/or cancellation insurance or health insurance).
Article 19: Liability in the context of business or professional activities
Nor does Qlinic accept liability for damage suffered by the patient in the course of practising a profession or running a business (including damage due to missed working days and/or failure to arrive at the place of work on time).
Article 20: Handling of complaints
Qlinic is affiliated with DOKh (an independent complaints and disputes body for healthcare), a recognised complaints and disputes committee. The clinic thereby complies with the requirements of the Wkkgz (the Dutch Healthcare Quality, Complaints and Disputes Act). The patient is obliged to comply with all instructions of the practitioner, to promote proper performance.
Complaints must be reported by the patient to Qlinic in writing or by email. If there are complaints, the patient can follow the complaints procedure via the Qlinic website.
Article 21: Treatment agreement
Once the treatment agreement has been signed, it is binding on both parties. The patient enters into a treatment agreement with Qlinic. The practitioner is not a contracting party. Qlinic reserves the right to have the planned treatment, procedure or operation carried out by another authorised and competent practitioner.
Article 22: Disputes are governed by Dutch law
All agreements between the patient and Qlinic are governed by Dutch law. All disputes relating to the agreement between the patient and Qlinic to which these general terms and conditions apply will be settled by the competent court in the district in which Qlinic has its office.