ARTICLE 1 - Definitions and terms
For the purposes of these terms and conditions, the following definitions shall apply:
The person who enters into a treatment agreement for himself or for a specified third party with
The natural person to whom the medical acts are directly related.
Wherever patient is mentioned, client can also be read.
The natural person who works for FlexClinics and who, on the instructions of FlexClinics
treatment agreement with the client.
The agreement for medical treatment whereby the caregiver binds himself to the
the ordering party to perform medical acts that are directly related to the patient.
relate to the patient.
a. all operations, including examination and the giving of advice, which directly
relate to the patient with the objective of curing him of a disease, protecting him from its
the occurrence thereof or to assess his state of health;
b. operations other than those mentioned in a. above including operations for cosmetic
purposes, done by a physician in that capacity and which directly relate
to the patient;
c. nursing and care in the context of operations under a and b;
d. providing the material conditions under which the operations under a
and b can be carried out;
e. no medical acts as referred to in subsections a and b are acts performed by an
The legal entity MSB Flex Cooperatie U.A. with trade name FlexClinics responsible for
medical specialist care. By order of FlexClinics medical acts are
performed. FlexClinics has a permit in accordance with the law under the WTZa.
The cost of treatment including all incidental costs.
A non-intended or unexpected event, which relates to the quality of care
and has resulted, could have resulted, or might result in harm to the client.
Dispute regarding conduct by FlexClinics toward a client in the course of providing care,
submitted by a client, a next of kin of a deceased client, a representative of a
client, a person who was wrongfully not considered by the healthcare provider to be a representative
or, to the extent that an interest is at stake that the foundation or association
its articles of association, by a foundation or association with full legal capacity to the opinion of the
the opinion of the Disputes Committee.
An opinion sought by the patient from a physician other than the attending/investigating physician
about (part of) the patient's state of health and/or proposed
The person or persons whom, pursuant to any provision of law, the health care provider is required to involve, instead of
of or in addition to the patient must involve in the performance of obligations to the patient.
Wherever these general terms and conditions refer to written or information, this should be read as written on paper or written digital
be read as written on paper or submitted in writing digitally via the designated
designated electronic means including a digital portal.
ARTICLE 2 - Applicability
These general terms and conditions shall apply to the formation and performance of the
treatment agreement entered into between the client and FlexClinics.
ARTICLE 3 - Formation of the treatment agreement
1. The treatment agreement shall come into effect when the client gives FlexClinics
Orders the performance of medical acts.
2. Prior to entering into the treatment agreement, the client must have the age of
have reached eighteen years of age regardless of the patient's age.
3. The client is liable for the obligations arising from the
treatment agreement entered into by him.
4. Prior to the conclusion of the treatment agreement, the client and/or the
Patient informed by FlexClinics about:
a. the intake procedure used
b. the (intended) results and (possible) consequences of the treatment*.
c. alternatives to the treatment
d. the price of the treatment, the possibilities with regard to insurances and time(s) of payment
and method of payment*.
e. the time(s) and the place of treatment
f. the reflection period, in order to be able to come to a well-considered decision
g. the actions to be taken after entering into the treatment agreement
h. if applicable: which care provider(s) will actually carry out the treatment or will be involved in the
involved in the execution of the treatment agreement
i. the information/instructions for the patient, to be followed prior to the treatment*; j. the instructions for counselling, reception, etc.
j. the instructions for escorting, reception, transportation and accessibility*
k. the instructions for the patient for after the treatment, including the symptoms that the
patient should contact and details of the person with whom the patient should contact
l. the accessibility of the organization if complications arise outside working hours*
m. these General Conditions*.
The items marked with * must be given in writing to the client and/or the patient
patient in writing.
5. At the time of intake, the client is required to provide the name and contact information of a
contact person. If this is not possible, FlexClinics will consider the patient's general practitioner
ARTICLE 4 - Termination of the treatment agreement
1. FlexClinics cannot terminate the treatment agreement except for weighty reasons.
2. If FlexClinics terminates the treatment agreement for weighty reasons, but the
treatment cannot be postponed, the caregiver must provide adequate
3. The client may terminate the treatment agreement at any time. If the
If the principal cancels the treatment agreement he shall only have to reimburse the
If the treatment agreement is terminated the client must only reimburse the care provider for the costs demonstrably incurred by him up to the termination, such as the
costs of renting surgery or treatment rooms and hired staff.
4. The care provider shall in case of termination make reasonable efforts to limit these costs
as much as possible.
ARTICLE 5 - Information
1. FlexClinics shall clearly inform the patient of the intended examination, the
proposed treatment and the developments surrounding the examination, the treatment
treatment and his state of health.
2. At the patient's request, the information referred to in the previous paragraph shall be provided in writing.
3. In providing the information referred to in the first paragraph, FlexClinics shall be guided
by what the patient should reasonably know about:
a. the nature and purpose of the examination or treatment that he considers necessary and about the
to be performed;
b. the expected consequences and risks of the examination or treatment for the patient's health; c. the nature of the examination or treatment.
of the patient;
c. other eligible methods of examination or treatment;
d. the state of health and the consequences to be expected for this from the examination or
4. The information referred to in the first paragraph does not need to be provided to the patient
The information referred to in the first paragraph need not be provided to the patient if providing such information would clearly be to the patient's detriment.
FlexClinics may only exercise this power after having consulted a care provider other than the one directly involved.
other than the care provider directly involved.
5. If FlexClinics exercises its power to withhold information from the patient, it shall provide this information
If FlexClinics exercises its power to withhold information from the patient, it shall provide such information to the contact person referred to in
Article 3 paragraph 5.
6. The information shall be provided to the patient as soon as the disadvantage referred to in the fourth
6. The information will still be provided to the patient as soon as the disadvantage referred to in the fourth paragraph can no longer be expected.
7. If the patient has let it be known that he does not want to receive the information
7. If the patient has made it known that he does not want to receive the information referred to in the first paragraph, the information will not be provided unless this causes harm
to the patient or others.
ARTICLE 6 - Prior Authorization
1. For operations in execution of a treatment agreement, the
consent of the patient is required.
2. If the patient so requests, FlexClinics shall record in writing the operations for which the
If the patient so requests, FlexClinics shall record in writing the operations for which the patient has given consent and shall provide the patient with a copy thereof.
3. If the patient is under 12 years of age, his consent is not required but the consent
of the parents who exercise authority over him or of his guardian.
4. If the patient is 12 years of age or older, but is under 18 years of age, in addition to the consent of the
patient, the consent of the parents exercising authority over him or of his guardian
is required. The operation may be performed without the consent of the parents/guardian if
it is clearly necessary in order to prevent serious harm to the patient or if the patient, after
the refusal of consent continues to have a well-considered desire for the operation.
ARTICLE 7 - Care
1. FlexClinics shall exercise the care of a good care provider in the performance of its activities and shall
act in accordance with his or her duty of care, as provided for in the professional standards and
arising from the professional standards and guidelines of the professional group.
guidelines of the professional group.
2. FlexClinics shall in its work use medicines, implants and other medical
medical devices that are permitted for specialist medical care. The information
on the implant must be recorded in a traceable manner.
3. FlexClinics will not consider a request for referral to another expert provider for
a second opinion. Upon request, FlexClinics will discuss the results
of the second opinion with the patient.
4. Upon discharge from FlexClinics, a conversation will take place between the patient and an authorized
employee, during which the course of the treatment and the instructions necessary for aftercare are discussed.
instructions necessary for aftercare will be discussed. Insofar as necessary, the instructions shall be given in writing.
In any case, written instructions will be given about the symptoms the patient should contact
patient should contact FlexClinics.
ARTICLE 8 - Incident
The care provider shall immediately inform a client, as well as a representative of the client or a next of kin of a deceased client, of the nature and circumstances of an incident.
The care provider shall immediately notify a client, as well as a representative of the client or a surviving relative of the deceased client, of the nature and circumstances of
The care provider will immediately inform a client, as well as a representative of the client or a surviving relative of the client, of the nature and circumstances of incidents in the care provided to the client that have or may have noticeable consequences for the client, and will also
and shall record the nature and circumstances of the incidents in the client's file.
the client's file. A record shall also be made of the time at which the incident occurred and the names of those involved in the incident.
The care provider shall also make a note of the time when the incident took place and the names of those involved in the incident. In doing so, the care provider
also informs the client about the possibilities for eliminating or limiting the consequences of the incident.
limit the consequences of the incident.
ARTICLE 9 - File
1. FlexClinics shall establish a record relating to the treatment of the patient.
2. To the extent necessary for the proper provision of care, FlexClinics shall make a note of
the data concerning the patient's health and the operations carried out, and shall include
other documents containing such data.
3. Records shall include:
a. Medication administered and prescribed;
b. If applicable, the traceability of medication, implants, and other medical
4. Upon the patient's request, FlexClinics will provide inspection and/or a free
copy of the file to the patient.
5. No provision will be made to the extent that this is necessary in the interest of the protection
of the privacy of another person.
6. At the patient's request FlexClinics will add to the file a statement issued by the patient regarding the
6. At the patient's request FlexClinics shall add to the file a statement made by the patient regarding the documents contained in the file.
7. FlexClinics shall destroy the records retained by it within three months after the
patient's request. Destruction shall not be undertaken if it is reasonably
it is reasonably plausible that the retention is of considerable importance to someone other than the patient and if
destruction is not permitted by law.
8. Unless earlier destruction has been requested, FlexClinics will retain the records in the
file for 15 years from the time they are made or so much longer as would result from the care of a
care of a good care provider.
ARTICLE 10 - Confidentiality
1. FlexClinics shall not provide any data to third parties without the consent of the patient,
with the exception of the cases referred to in the fourth and fifth paragraphs of Article 5 of
2. Unless the law provides otherwise, the provision of data and inspection to a third party shall take place only to the extent that this would infringe the privacy of the patient.
Insofar as the law does not provide otherwise, data will only be provided to a third party insofar as this does not harm the privacy of another person.
harm the privacy of another person.
3. Third parties as referred to in paragraph 1 shall not be:
a. those who are directly involved in the execution of the
treatment agreement if the provision of data and inspection is necessary for the work to be carried out by them; b. those who are directly involved in the execution of the treatment agreement
the work to be done by them;
b. the parents who exercise the authority over the patient or his/her guardian, if their
permission is required from them as referred to in the third and fourth paragraphs of Article 6, to the extent that the
the provision of data and inspection does not conflict with the care that a good caregiver must observe.
care that a good caregiver must observe.
ARTICLE 11 - Data for statistical or scientific research purposes
1. Notwithstanding the previous article, without the patient's consent, for statistics or scientific
scientific research in the field of public health may, without the patient's consent, be provided to another person on request with
data or inspection of the records if:
a. asking permission is not reasonably possible and, with respect to the
With regard to the performance of the research, such safeguards have been put in place that the patient's privacy is not disproportionately protected.
privacy of the patient is not disproportionately harmed, or
b. in view of the nature and purpose of the research, it is unreasonable to require
cannot reasonably be required in view of the nature and purpose of the research, and FlexClinics has ensured that the data will be provided in such a way
data are provided in such a way that their traceability to individual natural persons is
individual natural persons is prevented.
2. The provision of data or inspection of records referred to in the previous paragraph is only
a. the research serves a general interest and cannot be carried out without the relevant data
carried out without the data concerned, and
b. to the extent that the patient has not expressly objected to the provision or inspection.
3. The provision of data or inspection as referred to in this article shall be recorded by FlexClinics in the file.
FlexClinics shall make a note in the file of the provision of data or inspection as referred to in this article.
ARTICLE 12 - Privacy
made available to the patient upon request.
2. Without the patient's consent, FlexClinics shall not carry out any activities if they can be observed by persons other than the patient.
2. Without the patient's consent, FlexClinics shall not perform any activities if they can be observed by anyone other than the patient.
3. The others referred to in the second paragraph are not:
a. those whose cooperation in the performance of the operation is necessary;
b. the parents who exercise authority over him or the guardian of a patient younger than 18 years of age
(Article 6, paragraphs 3 and 4).
ARTICLE 13 - Duty of care for property
1. FlexClinics shall take such measures as are reasonably practicable to prevent damage to or
loss of the patient's property. FlexClinics shall inform the
patient about these measures.
2. The patient himself shall exercise due care to prevent damage to or loss of his
The patient himself shall take the necessary care to prevent damage to or loss of his property.
ARTICLE 14 - Duty to inform and cooperate
The patient shall provide FlexClinics, also in response to the latter's requests, to the best of his knowledge, with the
The patient shall to the best of his knowledge provide FlexClinics with the information and cooperation it reasonably requires to perform the
treatment agreement. This includes showing proof of identity.
ARTICLE 15 - Payment
1. The client shall owe FlexClinics the agreed price to the extent that it is not
paid for directly by the health insurance company.
2. FlexClinics may require the client to make a reasonable down payment in advance.
3. The full price is not due until one week before the treatment.
ARTICLE 16 - Liability of the clinic
1. FlexClinics shall be liable to compensate the patient for any damage suffered by the patient as a result of
a breach by FlexClinics in the performance of its obligations under the
2. If the patient dies as a result of a breach by FlexClinics, the patient shall be liable for
the compensation of damage as referred to in Article 6:108 of the Netherlands Civil Code suffered by the next of kin as a result
as a result of such death.
3. If, for the purposes of performing the treatment agreement, services are provided in a clinic
3. If, for the purpose of executing the treatment agreement, work is carried out at a clinic that is not a party to this agreement, this clinic shall also be liable for any
3. If for the purpose of executing the treatment agreement procedures are carried out in a clinic that is not a party to this agreement, this clinic shall also be liable for any shortcoming if it is itself a party to the treatment agreement. The
previous article shall apply mutatis mutandis.
ARTICLE 17 - Liability of the principal
1. The client shall be liable to compensate FlexClinics for any damage suffered by FlexClinics as a
as a result of a failure on the part of the client or the patient to perform
their obligations under this agreement.
2. If the client demonstrates and, if necessary, proves that the shortcoming cannot be attributed to him or the patient, he
If the ordering customer demonstrates and, if necessary, proves that the shortcoming cannot be attributed to him or the patient, he is not liable for the damage referred to in the previous paragraph
except in so far as there is a benefit as referred to in article 6:78 Civil Code.
ARTICLE 18 - Complaints procedure
1. FlexClinics shall employ a scheme based on the law and adequately publicized for
reception and handling of complaints and shall handle the complaint in accordance with this
2. Part of the complaints procedure is the complaints officer referred to in the Act on Quality, Complaints and Disputes in Health Care.
Part of the complaints procedure is the complaints officer referred to in the Act on Quality, Arbitration and Disputes in Health Care. He or she is responsible for receiving the complaint, can mediate and propose a
offer a solution for the complaint. The complaints officer can carry out the above
carry out the above-mentioned activities independently. The name and contact details of this officer are
The name and contact details of this officer are given in the above-mentioned complaints procedure.
3. The complaints procedure is placed in an easily findable way on the website of the care provider. If
If desired, the patient receives a paper copy. The healthcare provider also ensures
The care provider also provides adequate reference to the complaints procedure and complaints officer on the website and/or
in the clinic.
4. Complaints about the implementation of the treatment agreement must be timely, fully and clearly described and submitted
4. Complaints about the execution of the treatment agreement must be timely, fully and clearly described and submitted to the care provider after the client and / or patient has discovered the
has established the deficiencies.
5. Complaints submitted to the complaints officer will be settled within 6 weeks at the latest
Complaints submitted to the complaints officer will be dealt with within a maximum of 6 weeks from the date of receipt. If a complaint requires a foreseeably longer
processing time, FlexClinics will respond by return of post with a notice of receipt and an indication of the time frame within which the complaint was received.
receipt and an indication of the period within which a more detailed answer can be expected, with a maximum of
with a maximum extension of four weeks.
6. If the complaint cannot be solved in mutual consultation, a dispute arises that is open to
for the dispute resolution procedure.
ARTICLE 19 - Applicable law and Settlement of Disputes
1. Disputes between the client and/or patient on the one hand and the care provider on the other hand
concerning the conclusion or execution of the treatment agreement, may be either
by the client and/or patient and by the care provider in writing or electronically.
the healthcare provider in writing or electronically.
2. The patient and the care provider can submit a dispute to the disputes committee
The patient and the care provider can submit a dispute to the disputes committee as mentioned in the complaints and disputes procedure of the care provider and which meets the legal requirements.
the legal requirements. The healthcare provider may only do so with the patient's permission
decision to do so.
3. The dispute resolution scheme meets the requirements of the Act on Quality, Complaints and Disputes in Healthcare
and is coordinated with representative parties of patients/consumers.
4. A dispute will only be handled by the Disputes Committee if the
4. A dispute shall be handled by the Disputes Committee only if the client or patient has first submitted his complaint fully and clearly described in accordance with
Article 18 to FlexClinics.
5. A dispute must be submitted to the Disputes Committee within 1 year of its occurrence.
Committee within one year of the dispute arising.
6. The Disputes Committee shall hear complaints and claims and may award damages
The Disputes Committee handles complaints and claims and can award damages of up to € 25,000.
7. Disputes can only be submitted for settlement to the courts.
ARTICLE 20 - Deviation
1. Individual deviations from these general terms and conditions may only be agreed with the consent
of the client and shall only be permitted insofar as they are to the
the benefit of the client or the patient.
2. Individual deviations from these general terms and conditions must be recorded in writing or
individual deviations from these general conditions must be recorded in writing or electronically between FlexClinics and the client. FlexClinics shall ensure that
FlexClinics shall ensure that the deviations are recorded and shall provide the client or the patient with a copy thereof.
patient a copy thereof.