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General Terms and Conditions filed with the Chamber of Commerce under number 27169890
Article 1.
Definitions.
In these General Terms and Conditions the following is understood as:
A. Hospital: Stichting Medisch Centrum Haaglanden in The Hague with all annexes and/or
secondary establishments and/or all (independent) medical specialists employed there.
B. Treatment agreement: the agreement in pursuance of which the hospital commits vis-à-vis the
patient to perform or have performed medical treatments that are directly related to the
patient.
C. Medical acts: a hospital admission, day treatment, treatment or consultation on an outpatient
basis, high-care hospice, inspections and all other, whether or not medical specialist, care or
services by or on behalf of the hospital.
D. Service provision agreement: the agreement in pursuance of which the hospital,
supplementary to a treatment and/or solitary agreement, commits to supply or have supplied
services1 to the patient2 that shall further be determined in mutual consultation.
Article 2.
Applicability.
2.1
These General Terms and Conditions take effect on 1 July 2012. These General Terms and
Conditions are applicable to all treatment and/or service provision agreements concluded by
and between the hospital and the patients thereafter. The treatment and/or service provision
agreements that were concluded before these (new) General Terms and Conditions take
effect shall remain subject to the then applicable General Terms and Conditions of the
hospital.
2.2
In addition to these General Terms and Conditions other General Terms and Conditions of the
hospital can also be applicable to the (treatment) agreement with the patient.
2.3
A deviation from these General Terms and Conditions is only valid if the hospital has
expressly agreed with the same in writing.
Article 3.
General.
3.1
If one or more provisions of these General Terms and Conditions appears to be invalid or is
cancelled, either in full or in part, then the remaining provisions of these General Terms and
Conditions shall remain in full force and effect.
3.2
In case of an obscurity about the interpretation of one or more provisions of these General
Terms and Conditions then the interpretation thereof must take place ‘in the spirit’ of these
provisions.
Article 4.
Identification.
On demand of the hospital each and every patient must be able to provide proof of identity
with a statutorily acknowledged identity document. If a patient can on demand not provide
such proof of identity then the hospital shall be authorised to suspend the treatment
agreement, unless it regards the provision of acute care. The hospital records the proof of
identity. According to article 5 of the ‘Dutch Use of Citizen Service Number in Healthcare Act’
the hospital must also ask for and record the Citizen Service Number (‘CSN’).
Article 5.
Cancellation.
5.1
If the patient cannot comply with a scheduled appointment for the performance of a medical
treatment by the hospital then he must cancel this appointment, barring force majeure, at the
latest 24 hours in advance.
5.2
Barring evidence to the contrary, the hospital administration shall serve as complete evidence
that and when this kind of appointment was scheduled or cancelled.
5.3
Appointments that are not cancelled or that are cancelled late or incorrectly can be charged to
the patient by the hospital.
1
Examples are the rental of TV, radio and/or telephone to the extent that the hospital rents these facilities out to
patients, the supply of secretarial capacity, special meals or beverages, use of hotel capacity, a luxurious
business area, staffing costs e.g. day nursery – parking costs etc.
2 Equals the debtor.
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Article 6.
Payment.
6.1
The patient is liable to pay the hospital the costs payable for the supplied medical treatment,
service and/or other provisions in accordance with the fees established for the same by the
hospital, to the extent that these costs are not directly paid out by the healthcare insurer on
the basis of the Dutch Healthcare Insurance Act or the Dutch Exceptional Medical Expenses
Act.
6.2
The patient grants the hospital authorisation to on his behalf request his insurance company
for payment (of the insured part) of the costs of the medical treatment provided to him. To this
end the patient provides the hospital with the necessary information about his insurance. Upon
receipt of the reimbursement of the insurance company the hospital settles the received
amounts with the amount payable to the hospital by the patient on account of the treatment.
6.3
The hospital can, if reasonably warranted, ask the patient for a reasonable down payment or
security deposit before the care is provided, unless there is question of the provision of acute
care. The hospital can, in any case, request a reasonable down payment or advance payment:
a.
if the patient is not or only partly covered for the costs of the care to be provided;
b.
if the hospital did not or not yet conclude an agreement with the healthcare insurer
where the patient is insured or if the care to be provided does not or no longer fall
under the scope of the agreement concluded by and between the hospital and said
healthcare insurer.
6.4
The complete fee for the provided medical treatment(s) shall only fall due when the relevant
DTC is concluded.
6.5
The hospital despatches the invoice to the patient as soon as possible, however at the latest
within two months after conclusion of the relevant DTC.
6.6
On the invoice the hospital indicates what part thereof is related to the acts of the medical
specialist(s) and what part to the care institution. The hospital shall also specify the payment
term on the invoice.
6.7
Objections to the level of an invoice shall not suspend the payment obligation in respect of the
same.
6.8
If the patient does not pay the invoice of the hospital within the payment term specified on the
invoice then he shall, without any notice of default being required, be in default. After the
expiry of that term the hospital shall despatch the patient a payment reminder and shall give
him the opportunity to yet pay within 14 days after the date of the payment reminder.
6.9
If the invoice of the hospital is not or not fully paid after the expiry of the second payment term
then all reasonable costs to obtain satisfaction in and/or out of court shall be at the expense of
the patient; this amount shall amount to at least € 40.00 (in conformity with the Dutch Extrajudicial
Collection Costs for Consumers Act no. 32.418 of 13 March 2012). Moreover, as from the expiry of the first
payment term the hospital can charge the statutory interest over the unpaid part of the invoice
to the patient.
6.10
If the invoice of the hospital has not or not fully been paid after the expiry of the second
payment term then this shall furthermore imply that all outstanding claims of the hospital vis-àvis the patient immediately fall due, despite possible other stipulations or arrangements.
6.11
The extrajudicial collection costs are calculated in accordance with the Dutch Extrajudicial
Collection Costs for Consumers Act no. 32418 of 13 March 2012.
6.12
If within the framework of the collection of claims from the patient the hospital relies on third
parties like collection agencies or outsources these kinds of claims to third parties then the
hospital shall be entitled to provide these third parties with the data of the patient that are
known to the same.
Article 7.
Final care in case of demise.
7.1
Upon the conclusion of the treatment agreement the patient is deemed to agree with the
required final care provided by the hospital in case of demise at the hospital, to the extent that
the direct surviving relatives of the patient do not provide differently within three hours after
demise.
7.2
During the treatment agreement the patient shall at all times be entitled to expressly declare
that he intends to deviate from the required care in the hospital. In that case the surviving
relatives must provide differently within three hours after demise of the patient.
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Article 8.
Fees.
8.1
Regardless of possible earlier communications to the patient the hospital shall at all times be
authorised to change the fees without any further notice. The hospital shall always charge the
fees applicable and communicated at the time of the performance of the medical treatment.
8.2
Where statutorily required the hospital takes the applicable fee regulations of the Dutch
Healthcare Authority or the regulations of any other body statutorily designated for that
purpose into account.
8.3
A fee increase of the hospital shall entitle the patient to cancel an agreement for the
performance of a medical treatment concluded prior to the time of that fee increase up to 24
hours before said medical treatment is performed.
Article 9.
Settlement.
A reliance of the patient on settlement shall not be possible if the counterclaim of the patient is
disputed by the hospital on proper grounds.
Article 10.
Dutch law.
Dutch law is applicable to all agreements concluded by and between the hospital and the
patient.
Article 11.
Change of these General Terms and Conditions.
11.1
The hospital shall be authorised to change the content of these General Terms and
Conditions.
11.2
Barring the provisions set forth in paragraph 3 of this article these kinds of changes are also
effective with regard to already existing treatment and service provision agreements to which
these General Terms and Conditions are applicable, unless the hospital indicates that this is
not the case.
11.3
If a patient does not wish to accept a change that is related to a treatment and/or service
provision agreement concluded by him then he can give the hospital written notice of
termination as from the date when the change takes effect. The written notice of termination
must have been received by the hospital prior to the start date of the change.