GENERAL TERMS AND CONDITIONS

 

Definitions

a. Service Provider: Daniël Ringma, sole proprietorship, in Amsterdam, Chamber of Commerce number 96556633;

b. Service Recipient: the person who receives a treatment or product from the Service Provider;

c. Treatment: a 1-on-1 session (such as an MER massage);

d. Product: a product related to a treatment;

e. Force Majeure: a cause not attributable to the Service Provider (such as incapacity for work, power or internet outage, terrorism, extreme traffic jams, extreme weather, pandemic, epidemic), due to which performance can no longer reasonably be required from the Service Provider;

f. In Writing: by letter, email, contact form via the website, WhatsApp message.

 

General Agreements

a. An appointment with the Service Provider is made in writing. A personal program is agreed upon in writing in broad terms (generally) after an intake interview.

b. The agreements regarding a treatment, these general terms and conditions, and further written agreements form one whole. In case of conflict, the latest written agreement applies.

c. The Service Provider performs the treatment within the framework provided by the service recipient, but otherwise independently and at their own discretion and as a careful, professional, and expert practitioner.

d. In case of acute physical or psychological suffering, the service recipient should consult a doctor or psychologist; the services provided by the service provider are not a replacement for this.

e. The Service Provider refrains from making medical diagnoses and does not claim to be able to cure.

f. When the (medical) situation changes, the service recipient is personally responsible for communicating this before the scheduled appointment.

g. The Service Provider never advises medically to stop medications, reduce them, or replace them with other substances. Prescribed medication is always the responsibility of the prescriber. The Service Provider may refer the service recipient to a doctor or therapist.

h. The Service Provider performs a best-efforts obligation to the best of their knowledge and ability. The service recipient knows and acknowledges that the outcomes depend partly on the service recipient's commitment and on many other factors, so there can be no guaranteed result.

i. Under these circumstances with the service recipient (also called contraindications), the Service Provider may refuse a treatment:

For bodywork and/or massage: in case of fever, flu, cold, heart problems, contagious conditions, thrombosis, cancer, extreme fatigue, pregnancy in the first three months.

For a 1:1 program or individual session: in case of doubt due to being under treatment by a doctor or therapist. In such cases, the Service Provider will not charge for a cancelled treatment.

j. The Service Provider is free to, at their own discretion, not make an offer to a requesting service recipient without having to provide justification for this.

k. In case of temporary force majeure, the Service Provider will fulfill the agreed obligations as well as possible. The service recipient and Service Provider may revise the agreements after force majeure.

l. For additional work, the Service Provider may invoice in accordance with agreed treatments.

 

Confidentiality, Privacy, Hygiene, and Respect

a. The Service Provider treats on the basis of trust, safety, and mutual respect.

b. The Service Provider handles the confidential information (including personal data) of the service recipient with the utmost care and only shares it with third parties if this is necessary for the execution of the agreements. The Service Provider publishes a separate privacy statement on their website.

c. It is important that you feel safe and comfortable. In no way are massages erotic or sexually oriented. This is also not accepted from the service recipient towards the Service Provider.

 

Cancellation

a. Cancellation by the service recipient is only possible in writing and only applies if the Service Provider has confirmed the cancellation in writing.

b. If there is no rescheduling of an appointment and if the Service Provider is no longer able to arrange a replacement service recipient, the Service Provider may invoice the following:

- 100% of the amount for the agreed treatment if cancelled later than 48 hours before the scheduled time or if the service recipient does not appear at the appointment.

- 50% of the amount for the agreed treatment if cancelled between 48 and 72 hours before the scheduled time;

- 0% if cancelled earlier than 72 hours before the agreed treatment.

c. Instead of cancelling, the service recipient may also allow another person to use a treatment.

 

Payment and Costs

a. The Service Provider may request advance payment or digital payment directly after a treatment.

b. Payment in installments is recorded in writing in advance.

c. In case of late payment, the Service Provider may stop the treatment and charge 15% (minimum EUR 40.00) per late paid invoice in accordance with the Act on Standardization of Extrajudicial Collection Costs, and subsequently collection costs and/or legal costs and/or statutory interest.

 

Limitation of Liability, Complaints, Applicable Law

a. The Service Provider is not liable for adverse consequences that have arisen because the service recipient has provided incorrect or incomplete information to the Service Provider (for example, injuries, allergies, medication use, other relevant medical or health information).

b. The Service Provider is not liable for damage or negative health consequences that have arisen from non-compliance with agreements, advice, or instructions by the service recipient.

c. The Service Provider is not liable for the consequences of force majeure.

d. The Service Provider is not liable for damage to property or possessions of the service recipient at, on, or around the premises or residence of the Service Provider or the location of the treatment.

e. The Service Provider can only be liable for direct damage (not for indirect damage such as consequential damage, loss of income, or lost profits) as a result of gross negligence or intent by the Service Provider.

f. The total liability of the Service Provider is never more than the lowest of these amounts:

(1) the amount paid for the treatment up to that point,

(2) the amount of the Service Provider's liability insurer plus deductible

(3) EUR 1,000.00.

g. After each treatment, a brief oral evaluation takes place.

h. In case of a complaint, the service recipient first contacts the Service Provider within a reasonable time, preferably within five working days after the complaint arose. The Service Provider is then given sufficient time and opportunity to investigate the cause of the complaint and to remove or remedy its cause. If the complaint is then not handled properly, the service recipient can turn to the healthcare complaints portal via email to info@klachtenportaalzorg or via the complaints form at www.klachtenportaalzorg.nl.

i. Dutch law applies to the relationship between Service Provider and service recipient.