General terms and conditions
Article 1 – Definitions
1. In these general terms and conditions of delivery and payment, Kraamcentrum Echt en omstreken is understood to mean Kraamcentrum Echt en omstreken, established and with offices in the province.
2. Client is understood to mean the person on whose behalf and for whose account the work is carried out by the care providers of Kraamcentrum Echt en omstreken.
3. Care providers are understood to mean the care of the mother, newborn(s) and any other family members during the maternity period.
4. Care units are understood to mean the number of hours of care provided per day.
Article 2 – Care values
1. These conditions apply to all legal relationships between Kraamcentrum Echt en omstreken, its care providers and the client.
2. Deviating conditions, stipulations and adjustments only form part of the agreement insofar as those conditions, stipulations and adjustments have been expressly accepted by Kraamcentrum Echt en omstreken.
3. In the organisation and execution of the provisions of art. 1, paragraph 3 The activities referred to in the letter of Kraamcentrum Echt en omstreken are based on the Basic Quality Requirements for Maternity Care established by the National Association for Home Care and, in addition, the work procedures, maternity nurse’s powers, hygiene guidelines, privacy regulations and complaints regulations established by Kraamcentrum Echt en Omstreken.
Article 3 – Care agreement
1. A care agreement is concluded as soon as it has been signed by the care provider and the client.
2. The care provision consists of care units, which, at the client’s discretion, can consist of guaranteed mother and child care, possibly supplemented with household tasks and other tasks, as described in the information brochure, which the client receives at the same time as the registration form. The content of the care agreement does not go beyond the activities that are explicitly described in the information brochure.
3. The number of days of care provision depends on the client’s insurance. The client is responsible for taking out adequate insurance. 4. If Maternity Centre Echt and surroundings cannot provide care due to force majeure, the agreement can be terminated by either party.
5. Maternity Centre Echt and surroundings guarantees, except in the situation referred to in Article 3, paragraph 4, care for mother and child at all times with a minimum of 24 hours, including the delivery.
6. Maternity Centre Echt and surroundings strives for a minimum change of maternity nurse per maternity period.
7. Both Maternity Centre Echt and surroundings and the client can, in mutual consultation:
1. Deviate from the care agreements and care agreement made
2. Adjust the care agreements and care agreement made.
Article 4 – Registration
1. The registration for care provision is only final after Maternity Centre Echt and surroundings has received the fully completed registration form by email or post and this registration has been confirmed to you by Maternity Centre Echt and surroundings. When Kraamcentrum Echt en Omstreken has confirmed the care by means of the confirmation letter, layette list and the list pregnant what all needs to be arranged you are guaranteed care. If the client still decides not to receive care from Kraamcentrum Echt en Omstreken we will charge the client administration costs and cancellation costs. As of 01/01/2012 this amounts to 150 euros, these costs are not reimbursed by the insurance.
Article 5 – Rates
1. The costs for maternity care are based on various rates, which are determined annually on the basis of national guidelines and applicable legal regulations. The following activities are charged separately by Kraamcentrum Echt en omstreken.
1. Registration
2. Intake
3. Assistance with childbirth
4. The hours of maternity care provided
2. Payments by the client must be made no later than 10 days after the invoice date in the manner indicated by Kraamcentrum Echt en omstreken.
3. The client is not permitted to pay in installments, unless a payment arrangement has been agreed in writing and in advance. Kraamcentrum Echt en omstreken is entitled to charge the statutory interest, plus administration costs.
4. In the event of late payment, Kraamcentrum Echt en omstreken has the right to charge the client interest of 1% per month on the amount due, to be calculated from the date on which the payment is due until the date on which the payment is received. If Kraamcentrum Echt en omstreken takes collection measures, it is entitled to recover from the client, in addition to the interest referred to above, all costs relating to the collection, both judicial and extrajudicial. The extrajudicial collection costs are set at at least 15% of the outstanding amount.
5. The payments made by the client always serve to settle all interest and costs due and subsequently the oldest outstanding invoices, even if the client states that the payment relates to a later invoice.
Article 6 – Execution of care
1. Kraamcentrum Echt en omstreken can be reached 24 hours a day and is available 7 days a week for the organisation and execution of care.
2. If assistance with the home birth has been agreed, the maternity nurse will be present with the client within 45 minutes after the notification has been made to Kraamcentrum Echt en omstreken.
Article 7 – Time registration
1. A time registration form is kept during the care provision. This form must be signed for approval by the maternity nurse and the client.
2. By signing, the client agrees to the number of hours worked as stated on the time registration form and to pay for these hours in accordance with the rate applicable at that time.
3. By signing, the client declares that, if the client has not taken out insurance, under which the (full) costs of maternity care are covered, these costs will be fully borne by the client.
Article 8 – Cancellation
1. If the client decides, after registration, to no longer use the services of Kraamcentrum Echt en omstreken, he can cancel the agreed work. To this end, the client must always inform Kraamcentrum Echt en omstreken in writing. Kraamcentrum Echt en Omstreken will then charge the administration costs, cancellation costs to the client, this amounts to €150 as of 01/01/2012 and is NOT reimbursed by the insurance! 2. In the event of termination of the care agreement at the time of the care provision, the number of hours agreed in the agreement will always be charged in full. The statutory personal contribution must also be paid in full to the health insurer.
Article 9 – Complaints procedure
1. Complaints regarding the treatment or conduct of the client in relation to the care provided by Maternity Centre Echt and surroundings, with the exception of complaints about rates and claims for damages, will be handled on the basis of the complaints regulations of Maternity Centre Echt and surroundings. A copy of the complaints regulations can be sent upon request.
2. A complaint can be submitted up to one year after the occurrence of the fact or event about which the complaint is made.
Article 10 – Termination of the care agreement by Maternity Centre Echt and surroundings
1. Maternity Centre Echt and surroundings is entitled to terminate its activities with immediate effect in the following situations:
o If the working conditions of the care provider are unsafe, unhealthy and risky and/or do not comply with the Working Conditions Improvement Act, as assessed by Maternity Centre Echt and surroundings
o If unwanted intimacies, discrimination and threats of violence occur towards the care provider
o If the presence of pets seriously hinders the performance of the work of the maternity nurse. 2. In the event of termination of the care agreement on the basis of the provisions of this article, the client shall owe the full amount for the number of hours agreed in the care agreement.
Article 11 – Liability
1. Maternity Center Echt and surroundings shall not be liable to the client for damage caused to the client by a maternity nurse, unless there is gross negligence or deliberate recklessness on the part of this maternity nurse.
2. Under no circumstances shall Maternity Center be obliged to reimburse the client for an amount higher than the payment that it, or its care providers, receive from its liability insurance in the relevant case.
3. The liability of Maternity Center and the maternity nurse is excluded for damage to the client’s property that occurs during the performance of the agreed maternity care.
4. The client shall indemnify Maternity Center Echt and surroundings and the maternity nurse against all claims by third parties regarding damage that occurred for these third parties during the performance of the agreed maternity care. Any damage must be reported in writing within 48 hours after the end of maternity care; damage reports after this period will not be processed.
Article 12 – Applicable law
1. The agreements between Kraamcentrum Echt en Omstreken and its client are exclusively governed by Dutch law.
October 2011 Kraamcentrum Echt en Omstreken
