Terms and conditions of Cardioexport BV in Amsterdam, Chamber of Commerce 74814737
In these general terms and conditions the following terms have the following meanings:
CardioExpert BV: CardioExpert BV, including the participating doctors and technicians
Consultation Agreement: all oral and / or written (framework) agreement (s) concluded by CardioExpert BV with a Data Subject and / or Client regarding a treatment. The appearance by the Data Subject at a Consult implies that a (Consult) agreement has been concluded.
Person concerned: the counterparty of CardioExpert BV when entering into the Consultation Agreement, and / or his / her legal representative / star.
Consulation: consultations, inspections and all other services, whether or not by medical specialist, all carried out by or on behalf of CardioExpert BV itself or by third parties.
Client: the person/ orgnisation who requests CardioExpert BV to perform a Consultation with regard to the Person concerned .
2 A deviation from these general terms and conditions is only valid if CardioExpert BV has explicitly agreed to this in writing.
3 The person concerned or the Client will receive a quote for the costs associated with a Consult before the visit to CardioExpert BV. This quotation must be approved by the Person concerned or Client. Appointments for Consultation that are canceled less than 24 hours in advance and appointments whereby the Person concerned does not appear without cancellation by the Person cencerned himself or by the Client may be charged by CardioExpert BV to the Person concerned or Client. In case of no show, without message: the total quotation amount, if one cancels <24 hours before the appointment: 50% of the quotation amount (including any VAT). Barring evidence to the contrary, the records of CardioExpert BV serve as full proof that such an agreement was made.
4 CardioExpert BV accepts liability for direct damage concerning personal injury and property damage as a result of attributable shortcomings in the implementation of the Consultation Agreement with the Person Concerned or Client, insofar as CardioExpert BV is in default and the shortcoming (s) are the result of non-compliance of the care, expertise and craftsmanship that may be relied on by the Person concerned and / or the Client in the context of the Consultation Agreement, whereby the liability of CardioExpert BV is limited to the amount that, as the occasion arises, by the insurer of CardioExpert BV or the insurer of the doctor in question is paid, up to a maximum of five million euros.
CardioExpert BV only accepts irrefutably proven liability by or on behalf of the Person concerned and / or the Client for indirect damage, including consequential damage, loss of profit, loss of income, missed savings, damage due to business interruption and / or pure financial damage (insofar as not related to personal or property damage), whereby the liability referred to is limited to the amount paid out by the insurer of CardioExpert BV or by the insurer of the doctor in question, with a maximum of two and a half million euros.
5 Every Person concerned must always identify himself or herself at the first request of CardioExpert BV with a legally recognized proof of identity. If a Person concerned cannot show a legally recognized proof of identity on request, CardioExpert BV is entitled to suspend the Consultation Agreement.
6 By entering into the Consultation Agreement, the person concerned agrees to granting access to his (electronic) medical file by CardioExpert BV, insofar as necessary for the provision of optimal care. The person concerned explicitly consents to the processing of his or her personal data, including the sharing of said data with the Client. These personal data will be processed in a proper and careful manner and in accordance with the Personal Data Protection Act and the General Data Protection Regulation.
7 CardioExpert BV is at any time entitled, when there is reasonable cause for it to do so, to demand full or partial advance payment or security from the Person concerned or Client for the estimated costs of the Consultation or follow-up orders. The medical report from CardioExpert BV as a result of a Consultation will be sent to the Data Subject and, if applicable, the Client and / or his (referring) doctor if and as soon as the Person concerned or Client has fulfilled all (financial) obligations towards CardioExpert BV.
8 CardioExpert BV is authorized to cancel or suspend the Consultation Agreement if the Data Subject behaves improperly or improperly towards or its employees of CardioExpert BV and / or towards relations of CardioExpert BV.
9 CardioExpert BV will send the report of the Consult to the Person concerned or Client within 14 work days after the visit date, unless there are circumstances in which this is not reasonably feasible (for example by waiting for the result of an investigation or for information requested). The report will then be sent to the Person cencerned or Client as soon as possible thereafter.
10 CardioExpert BV invoices the costs of the Consult (or for part thereof, or for the situation as referred to in Article 3) to the Person concerned or Client. The payment term is fourteen days after the invoice date.
11 If payment is not made, the additional (administration) costs required for reminder and / or collection will be charged in full to the Person concerned.
12 If payment is not made after a reminder, CardioExpert BV will hand over the claim against the Person concerned or Client for collection. In that case, the relevant claim will be increased by all judicial and extrajudicial collection costs that can reasonably be incurred, being 15% of the principal sum with a minimum of € 50.00.
13 CardioExpert BV reserves the right to change the rates for Consultations and other transactions, as well as to adjust these general terms and conditions, without further notice. If statutory price regulations apply to a Consult, these will apply, otherwise the rates at the time of the relevant treatment will apply as announced on the website of CardioExpert BV.
14 An appeal by the Person concerned or Client to set-off or suspension of payment is excluded.
15 Dutch law applies to all agreements concluded between CardioExpert BV and the Data Subject. Disputes are settled by the competent court.