General Terms and Conditions
General Terms and Conditions of the private company with limited liability Prescan B.V. with its registered office in Hengelo, Province of Overijssel, as filed with the Almelo District Court and the Chamber of Commerce and Industry in Enschede under number 08100923.
Article 1 – Definitions
Prescan: the private company with limited liability Prescan B.V., registered with the Chamber of Commerce under number 08100923, with its registered office in (7554 TV) Hengelo at Amarilstraat 20, which is the user of these General Terms and Conditions.
Client: the natural or legal person who purchases Services from Prescan pursuant to the Agreement.
Parties: the Client and Prescan jointly.
Services: mediating in the performance of preventive medical examinations (screening), second opinions, check-ups and/or treatments by independent doctors, hospitals, clinics and/or laboratories, both in the Netherlands and abroad, and other related Services.
Agreement: any written consensus between Prescan and the Client aimed at the provision of Services by Prescan, to which these General Terms and Conditions apply.
Anamnesis: questions asked orally or by means of a form by Prescan to the Client concerning his/her state of health.
Article 2 – Applicability
1. These General Terms and Conditions apply to all offers, quotations, assignments and agreements relating to the provision of Services by Prescan.
2. The applicability of the Client’s general terms and conditions, under whatever name, is expressly rejected.
3. The Client cannot derive any future rights from any agreed deviations from these General Terms and Conditions.
4. If one or more provisions of these General Terms and Conditions are void or nullified, the other provisions shall remain fully applicable and the Parties shall consult with a view to agreeing on a new provision (or provisions) to replace the void or nullified provision(s), whereby the purpose and purport of the void or nullified provision(s) shall be observed as much as possible.
Article 3 – Conclusion and amendment of the Agreement
1. Making an offer or quotation does not oblige Prescan to conclude an agreement with the Client.
2. Obvious errors and/or mistakes in an offer or quotation do not bind Prescan.
3. Offers made by Prescan are valid for 14 days, unless the offer states otherwise, and do not automatically apply to future agreements.
4. The Agreement is concluded by the Client's written acceptance of Prescan’s quotation or offer and the subsequent confirmation of the appointment for the Client to undergo an examination and/or treatment by Prescan.
5. The Agreement consists of the written agreements between Prescan and the Client, of which the anamnesis form, the document "screening information" and these General Terms and Conditions are expressly part, and replaces all previous proposals, correspondence and agreements, in whatever form.
6. Verbal and/or written undertakings or agreements by or with employees of Prescan only bind Prescan if and as soon as they are confirmed in writing by an authorised person.
7. Amendments and/or supplements to the Agreement are only binding if Prescan has agreed to them in writing.
8. Prescan has the right to refuse a Client at all times. In that case, this is a matter of nonacceptance.
Article 4 – Prices and rates
1. Prices mentioned in brochures, websites, price lists, quotations, offers, order confirmations and agreements are in euros (€).
2. If no (fixed) price has been agreed with the Client, Prescan will invoice the Client for the services purchased at the usual rates.
3. Prescan's rates are indexed annually on 1 January in accordance with the CBS index of Statistics Netherlands.
4. Prescan has the right to charge the Client a reasonable amount in administration and/or reservation costs, for example for assistance, refreshments in the hospital or clinic, reporting and/or shipping costs.
Article 5 – Invoicing and payment
1. Unless otherwise agreed, the Client must pay invoices from Prescan within seven days of receipt.
2. The Client is fully responsible for claiming the costs owed to Prescan from his/her (health) insurer. Prescan does not give any guarantee with regard to reimbursements by insurers.
3. If the Client fails to fulfil his/her payment obligation towards Prescan or fails to do so in time, Prescan will claim compensation of contractual interest of 1% per month from the day on which the Client is in default up to and including the day on which payment is made in full. In addition, Prescan is entitled to reimbursement of extrajudicial (collection) costs of at least 15% of the amount owed, including interest, with a minimum of €150.
4. A payment made by the Client will first of all serve to reduce the (extrajudicial or judicial) costs owed, then the interest owed and finally the outstanding invoice amount. Payments are first debited to the longest outstanding invoice, even if the Client mentions a different invoice number or other description when making the payment.
5. Prescan reserves the right, if it suspects that the Client will not fulfil his/her obligations towards Prescan, to demand security from the Client, for example in the form of a bank guarantee. The costs associated with this shall be borne entirely by the Client.
6. If the Client fails to provide sufficient security and/or to fulfil his/her obligations towards Prescan, Prescan has the right to suspend its obligations towards the Client or to terminate the Agreement and to recover from the Client the damage it consequently suffers.
Article 6 – Performance of the Agreement
1. Agreed terms, including result terms, are to be considered as indicative and shall never be considered deadlines. The mere failure to meet such a term does not constitute default on the part of Prescan. This requires at least one written notice of default from the Client, whereby Prescan is given a reasonable term to still comply.
2. Prescan cannot be obliged to commence the performance of the Agreement until all necessary information and data have been provided by the Client and the amounts agreed to be paid in advance have been received by Prescan.
3. The Client is obliged to cooperate fully with Prescan in order to enable Prescan to fulfil the Agreement. If the Client refuses Prescan's services or otherwise prevents or impedes them, Prescan has the right to recover the damage it consequently suffers from the Client.
4. The Client is fully responsible for the accuracy and completeness of all information and data provided to Prescan.
5. Prescan is authorised to have the Agreement performed in whole or in part by third parties at all times.
Article 7 – Changes and cancellations
1. The Client may change or cancel planned appointments for an examination and/or treatment up to 72 hours before the agreed time.
2. Provided that the 72-hour period referred to in article 7 paragraph 1 is observed, the Client may change an appointment three times free of charge. A third change is considered to be a cancellation. The Client will then owe Prescan the cancellation costs referred to in article 7, paragraphs 3 to 5.
3. In the event of cancellation up to 72 hours before the appointment, the Client will owe Prescan a cancellation fee of €75.
4. In the event of change or cancellation up to 24 hours before the appointment, the Client owes Prescan 50% of the agreed amount.
5. If the Client changes or cancels within 24 hours prior to the appointment, he/she owes Prescan the full agreed amount.
6. The provisions of the previous paragraphs of this Article may be deviated from if the change or cancellation is the result of a demonstrable force majeure situation, which in any case includes the following situations:
a) a serious or life-threatening accident, serious or life-threatening illness or death of the Client, his/her partner or relative by blood or marriage in the first or second degree.
b) if after the conclusion of the Agreement a written statement from a doctor indicates that the Client is pregnant;
c) material damage caused to business objects of the Client as a result of which his/her presence is urgently required;
d) if a written statement from a doctor indicates that the Client, his/her partner, or a child living with the Client, urgently needs to undergo a medically necessary intervention;
e) if a written statement from a doctor indicates that the Client is unable to travel due to illness.
7. Changes or cancellations must be made in writing. Changes or cancellations by telephone must always be immediately followed up by a written confirmation by the Client.
8. If the Client does not appear at a scheduled appointment, the Client remains liable to Prescan for the full agreed amount. No refund shall be granted in such cases.
Article 8 – Confidential information
1. Parties are obliged towards each other to treat confidentially all information they have obtained in the context of concluding and performing the Agreement and are - if applicable - obliged to also impose this obligation of confidentiality on their employees and third parties engaged by them.
2. Prescan takes care of a careful client administration in accordance with the legal privacy rules.
3. Prescan stores the Client's anamnesis data in a file. The Client is entitled to inspect his/her file after submitting a written request to this effect to Prescan and payment of the administrative costs due. Prescan has the right to refuse a request for inspection if this endangers or threatens to endanger the privacy of a party other than the Client.
4. The Client's examination results are used by Prescan exclusively to make an (integral) report for which this data is necessary or in any aftercare procedures, scientific research and/or other forms of service provision. Prescan hereby works with a mandatory confidentiality statement and declares to the Client that data will not be used for other purposes, unless agreed otherwise.
5. If Prescan is required by law or by a court decision to provide confidential information to third parties designated by law or by the competent court and Prescan cannot invoke a right to refuse to give evidence recognised or permitted by law or by the competent court, Prescan is not obliged to pay damages or compensation.
6. Prescan has the right to publish about its services, to give presentations and/or lectures about them, to advertise them etc. If Prescan uses case histories for this purpose, this will always take place in anonymised form, so that the privacy of the Client is guaranteed at all times.
7. If the Client does not (or no longer) wish Prescan to use its contact details, it can, without giving reasons, object free of charge and at any time to the (further) use of the contact details by sending an email to firstname.lastname@example.org. Each message from Prescan also offers the possibility to object free of charge to the further use of contact details.
Article 9 – Intellectual Property rights
1. Prescan reserves all intellectual property rights to which it is entitled under the relevant laws and regulations.
2. All documents provided by Prescan, such as reports, advice, agreements, designs, sketches, drawings, software, etc., are intended exclusively for use by the Client him/herself and may not be reproduced, made public or brought to the knowledge of third parties without Prescan's prior consent, unless the nature of the documents provided dictates otherwise.
3. Prescan is entitled to use the knowledge gained through its services for other purposes, provided that no confidential information is brought to the knowledge of third parties.
Article 10 – Liability
1. Prescan acts as a mediator between the Client and the treating doctor, hospital, clinic and/or laboratory. Prescan is not responsible or liable for the content, results and execution of examinations and/or treatments by the doctors, hospitals, clinics and/or laboratories with which Prescan cooperates.
2. Prescan is only liable for incorrect, partially incorrect or non-performance of the agreement if and in so far as this is the direct result of intent or gross negligence on the part of Prescan.
3. Prescan is not liable for damage that cannot be attributed to it.
4. Prescan is under no circumstances liable for consequential damage, indirect damage, trading loss, loss of profit or damage caused by auxiliary persons and/or third parties that Prescan has engaged in the performance of the agreement.
5. Prescan is not liable for damage of any nature whatsoever due to negligence, typing or spelling errors and the like, as well as due to malfunctions in the equipment used by Prescan.
6. The parties expressly exclude liability for damage caused by malfunctions in the electronic services of Prescan and of third parties, such as providers, network operators or other telecommunications networks. This also applies if this has only led to a delay in the execution of the assignment.
7. Prescan's liability, except in cases of intent or gross negligence/fault on the part of Prescan, is limited to direct material damage and to the amount for which Prescan's liability insurance provides cover in such cases.
8. In cases where Prescan's liability insurance does not provide cover, liability is limited to a maximum of €5,000.
9. Prescan must be held liable in writing and at the latest within 14 days after the failure on the part of Prescan has been discovered, or could reasonably have been discovered, with a detailed description of the grounds that led to the liability claim. If these requirements are not met, the liability claim will not be dealt with by Prescan.
10. A liability claim against Prescan does not suspend the Client's payment obligation.
11. The Client may approach Prescan with complaints/liability claims relating to the functioning of doctors, hospitals, clinics and/or laboratories with which Prescan cooperates, but must be aware that Prescan can only mediate in the handling thereof. The doctors, hospitals, clinics and/or laboratories are themselves responsible for the handling of such complaints/liability claims.
Article 11 – Force Majeure
1. In the event of force majeure, Prescan has the right to suspend the fulfilment of its obligations under the Agreement until the force majeure situation has been remedied.
2. In addition to what results from the law and case law, force majeure is also understood to include breakdown or failure of connections of (internal) networks of Prescan and/or telecom or internet providers.
3. Prescan also has the right to invoke force majeure if the force majeure situation occurs after it should have fulfilled its obligation.
4. In so far as Prescan has already partially fulfilled or will still be able to fulfil its obligations under the Agreement when force majeure occurs, it has the right to invoice the Client for the part of the Agreement already fulfilled or still to be fulfilled, as the case may be. In that case, the Client is obliged to pay this invoice as if it were a separate agreement.
5. If the force majeure situation continues for more than two months, the parties are entitled to terminate the Agreement without any right to compensation.
Article 12 – Termination
1. Parties are entitled to suspend the Agreement in whole or in part with immediate effect or to terminate it in writing without notice of default and/or judicial intervention, without being obliged to pay any compensation, if the other party:
a) becomes unable to pay its debts or ceases to exist due to suspension of payment, bankruptcy, (statutory) debt restructuring, seizure or otherwise;
b) fails to (fully) fulfil one or more obligations under the Agreement and the failure is such that continuation of the Agreement can no longer be demanded according to the criteria of reasonableness and fairness, or that other circumstances occur which are such that unaltered maintenance of the Agreement cannot be required.
2. Termination of the Agreement does not entitle the Parties to a refund of contributions paid in advance, unless the Parties have agreed otherwise.
Article 13 – Applicable law and competent court
1. All legal relationships between Prescan and the Client are exclusively governed by Dutch law.
2. Disputes will exclusively be submitted to the District Court of Overijssel, Almelo hearing location, with the proviso that Prescan may at all times submit a dispute to the competent court.