1.1. These general terms and conditions are an integral part of the treatment agreement(s) between the dental care provider HDC Clinic (hereinafter referred to as the “care provider”), including its employees, on the one hand, and the patient, on the other hand. They are made available to the patient or, in the case of minors under the age of 16, to the parents exercising custody over the patient or their legal representative (hereinafter referred to as the “legal representative”) before or at the time of entering into the agreement(s), are present in the waiting room and are called upon on request.
1.2. If any provision of these general terms and conditions is null or void, this does not affect the validity of the other provisions.
2.1. The care provider is entitled to engage third parties in the performance of the agreement. The care provider will exercise due care in choosing these third parties and, if reasonably possible, consult with the patient beforehand, except for substitutes and dental technicians. The care provider is not liable for the conduct of these third parties.
2.2. Articles 7:404, 7:409 and 7:422 paragraph 1 of the Dutch Civil Code do not apply.
3.1. The costs of treatment (including the costs of dental lab and materials) are invoiced to the patient, regardless of whether the patient can fully or partially claim these costs from a health insurance company and regardless of whether these costs are reimbursed to the patient.
3.2. The costs of treatment for minors under the age of 16 are invoiced to the legal representative in the same manner.
3.3. A patient who is 16 or 17 years old is personally liable for the costs of treatment, unless otherwise agreed in writing with the legal representative.
4. The dentist charges, unless otherwise indicated by him, the costs of treatment in accordance with the Tariff List Dentistry and General Provisions as approved or established by the Dutch Healthcare Authority (NZA). Changes to the Tariff List Dentistry and General Provisions are reserved.
5. Appointments must be cancelled at least 3 working days prior to the treatment date if necessary due to force majeure. If an appointment is not cancelled or cancelled too late, the care provider will charge the patient for the reserved time and/or the agreed treatment for an amount of at least €150. The patient is obliged to pay these costs to the care provider.
6.1. If agreed upon in writing, between the healthcare provider and the patient – including their legal representative – the patient must pay 100% of the estimated cost of the Digital Smile Design treatment and cosmetic dental care to the healthcare provider prior to the start of the treatment.
6.2. As long as the payment of 100% of the estimated treatment costs referred to in Article 6.1 has not been paid – by crediting the bank account specified by the healthcare provider – the healthcare provider is entitled to suspend the treatment.
6.3. Other dental payments must be made by the patient within 15 days of the date of the invoice, either to the healthcare provider or to the factoring company to which the healthcare provider has assigned the right to the invoice.
6.4. Payments made by the patient shall always be applied first to satisfy any due interest, damages and costs, and then to outstanding invoices that have been open the longest, even if the patient states that the payment relates to a later invoice.
6.5. If an advance payment has been made, it will be settled with the final invoice under the agreement.
6.6. Notwithstanding the foregoing, the healthcare provider is always entitled to demand immediate and/or cash payment.
6.7. The obligation to pay does not expire if the patient terminates the treatment agreement or requests that the healthcare provider transfer treatment-related information and items to another party.
7.1. The care provider informs the patient clearly and, if requested, in writing about the intended examination and treatment plan, the expected consequences and any health risks for the patient, and any other possible options for examination or treatment that may be considered, so that the patient can make an informed choice. The information is provided at a suitable level for the patient and the care provider checks whether the patient has understood the information.
7.2. If the patient is a minor and has not yet reached the age of 16 but is at least 12 years old, the consent of the legal representative is also required. The procedure may nevertheless be carried out without the consent of the legal representative if it is apparently necessary to prevent serious harm to the patient.
8.1. Prior to any extensive and/or invasive dental treatment that incurs costs of €250.00 (two hundred and fifty euros) or more, the patient or their legal representative will be provided with a written and/or digital cost estimate upon request. This cost estimate provides an overview of the services the healthcare provider intends to perform, the fee or estimated rate to be charged per service, as well as the estimated material and technique costs.
8.2. If it is not reasonably possible to provide a written cost estimate beforehand, the healthcare provider is not obligated to do so. In that case, the healthcare provider will discuss the costs of the treatment with the patient before the treatment, unless this is also not reasonably possible.
8.3. The healthcare provider may deviate from the agreed treatment plan and the aforementioned cost estimate if it is found during the examination or treatment that a deviation is necessary, for example due to unforeseeable complications. The healthcare provider will inform the patient about the deviation and cost increase, unless this is not reasonably possible.
9.1. The patient is required to provide all information and documents that the healthcare provider deems necessary for carrying out the treatment agreement, in a timely manner and in the desired format and manner. Extra costs arising from the failure to provide the requested information, or failure to do so properly or completely, will be borne by the patient.
9.2. The patient is responsible for the accuracy, completeness, and reliability of the information and documents provided to the healthcare provider.
10. Upon request of the patient, the healthcare provider will document in writing the procedures, whether invasive or not, for which the patient has given consent.
11.1. Complaints regarding invoices must be submitted in writing to the healthcare provider within 8 days of the date of the invoice, failing which the patient is deemed to have accepted the invoice as correct.
11.2. Filing a complaint regarding an invoice does not suspend the payment term or obligation. The same applies to complaints filed with the Dental Complaints Committee or any other entity.
12.1. If the patient has not, not timely, not properly, or only partially fulfilled their payment obligations, the patient is immediately in default by the expiration of the relevant payment term, without any further notice of default being required, and the due amounts become immediately payable.
12.2. In case of default, the patient is liable to pay statutory interest to the healthcare provider for the period of default.
12.3. All judicial and/or extrajudicial collection costs related to collecting the invoiced amounts will be borne by the patient. The extrajudicial collection costs are calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs, with a minimum of €40.00 (forty euros). If it can be demonstrated that higher costs have been incurred that were reasonably necessary to obtain full payment out of court, these costs will also be borne by the patient.
12.4. In case of payment arrears, the healthcare provider is entitled to suspend further non-urgent treatment or to perform the required treatment only against cash payment. Duty of Care and Liability
13. The healthcare provider will exercise the care of a good practitioner in his work and will act in accordance with the responsibility that follows from the professional standard applicable to healthcare providers, including the quality standard referred to in Article 1, paragraph z, of the Health Insurance Act.
14. The liability of the healthcare provider is limited to the amount for which the professional liability insurance taken out by the healthcare provider, if any, provides coverage, increased by the amount of the healthcare provider’s own risk under the insurance. The patient may view this policy at the healthcare’s office.
15. Dutch law applies to every agreement between the healthcare provider and the patient.