1. General
In these general terms and conditions, the following definitions shall apply:
a. Patient: the person who has commissioned VLIJT tandartsen to perform dental work (treatments).
b. Treatment: all acts as recorded in an estimate or an invoice sent to the patient in advance, as well as all acts which are directly related to the (verbal) assignment by the patient in the broadest sense of the word.
2. Applicability
2.1 Scope of conditions
These terms and conditions serve to clarify for the patient the content of the provisions that apply to the execution of the agreement between him/her and VLIJT Tandartsen. They apply to every offer and agreement between the patient and VLIJT Tandartsen for which VLIJT Tandartsen has declared these terms and conditions applicable. Deviations from these terms and conditions are only valid if they are in writing.
2.2 The Agreement.
The terms and conditions form an inseparable part of the dental treatment agreement(s) between the dentist, including his employees, and the patient, hereinafter referred to as the agreement. These conditions are provided to the patient or his/her legal representative(s), are present in the waiting room, or are sent upon request.
2.3 Realization of the agreement
2.3.1 The agreement is basically established as soon as the patient agrees to the treatment, either verbally or in writing.
2.3.2 The budgets prepared by VLIJT Tandartsen are without obligation. The validity period is per calendar year, this in connection with the rates determined annually by the Dutch Healthcare Authority. Technical costs of a workpiece may vary throughout the year depending on the chosen dental laboratory. The patient automatically agrees to the budget at the start of the treatment in question and acknowledges the possible risks, which have already been discussed.
2.4 Execution of assignment
2.4.1 VLIJT Tandartsen will execute the agreement to the best of its knowledge and ability, in accordance with the requirements of good workmanship. Where applicable, it will carry out the assignment in accordance with the applicable rules of conduct and professional practice.
2.4.2 Dental treatments are considered medical/medical treatments. The dentist has an obligation of effort, but no obligation of result.
Confidentiality, exclusivity and protection of personal data
3.Confidentiality, exclusivity and protection of personal data
3.1 Confidentiality
VLIJT Tandartsen is obliged to maintain confidentiality with respect to third parties who are not involved in the performance of the assignment. This duty of confidentiality concerns all confidential information provided by the patient to VLIJT Tandartsen. The duty of confidentiality will only lapse if disclosure of certain information is required by law.
3.2 Protection of personal data
VLIJT Tandartsen has the right to share information it has obtained, including personal data, images, results and/or models, with third parties such as colleagues, dental technicians, health insurers and government agencies. In addition, this data may be used anonymously for research, publications, accreditations, presentations, its own website and patient education. VLIJT Tandartsen ensures that the information cannot be traced back to individual patients, unless the patient has given explicit consent.
4. Third parties
In executing the agreement, the dentist may engage third parties. He will exercise care in selecting these third parties and, if reasonably possible, consult with the patient in advance. This does not apply to observers and dental technicians. The dentist is not liable for the conduct of these third parties. Sections 7:404, 7:409 and 7:422 (1) of the Dutch Civil Code do not apply.
5. Force majeure
5.1 Force majeure
Circumstances which prevent the performance of the assignment and which cannot be attributed to VLIJT tandartsen include, but are not limited to: strikes in other companies; wildcat strikes or political strikes within the company of VLIJT tandartsen; an unexpected shortage of personnel; a general lack of necessary raw materials and/or other required items or services for the performance of the assignment; unforeseen stagnation at suppliers or other third parties on which VLIJT tandartsen depends, and general transport problems. These circumstances shall serve as examples of force majeure insofar as they make the performance of the assignment impossible or unreasonably difficult.
5.2 Claim If such a circumstance occurs after VLIJT tandartsen should have fulfilled its obligations under the assignment, VLIJT tandartsen reserves the right to invoke force majeure.
5.3 Obligations During the period of force majeure the obligations of VLIJT tandartsen shall be suspended. If this period lasts longer than three months, both parties have the right to dissolve the agreement, without any obligation to pay damages in that case.
5.4 Fees.
If VLIJT tandartsen has already partially fulfilled its obligations at the time of force majeure, it is entitled to invoice the part already performed separately. This rule also applies if VLIJT tandartsen can only partially fulfill its obligations. The patient is then obliged to pay this invoice as if it were a separate order. However, this provision does not apply if the part of the assignment already performed or executable has no independent value.
6. Appointments, cancellation and email service
An appointment can be cancelled by the patient free of charge if done at least 48 hours in advance, but only in cases of extreme necessity. Making an appointment is not optional and is always personalized. When making an appointment, the patient automatically agrees to these cancellation terms.
If for any reason an appointment cannot take place, this must be communicated to VLIJT tandartsen by telephone at least 48 hours in advance during opening hours, with the exception of weekends starting at noon on Friday and public holidays, which are not included. Appointments can only be cancelled by email during vacations of VLIJT dentists.
A first time cancellation less than 48 hours in advance with a valid reason will be followed by a warning with a reminder of our rules. A second time will be charged € 6 per 5 minutes for an appointment with the dental hygienist(s) and € 17.50 per 10 minutes for an appointment with the dentist(s). For a third time, the full amount of the treatment will be charged. With a fourth cancellation within 2 years, VLIJT tandartsen has the right not to make a new appointment and to deregister the patient.
VLIJT tandartsen reserves the right to claim compensation for damages actually incurred. For appointments made by telephone, the noted appointment in the agenda of VLIJT tandartsen will be considered correct. Appointments noted by the patient himself in diaries, calendars, etc., are entirely at his own risk.
Email service
Days before the appointment, the patient will receive an email reminder of the appointment, provided the email address is up to date in our database. Any changes in email address should be communicated in a timely manner. The email service serves as an additional reminder for the patient. The patient expressly cannot derive any right or claim from not receiving a reminder email Failure to receive a reminder email does not relieve the patient of the obligation to keep the appointment.
7. Costs and payments
The cost of treatment, including materials, is charged to the patient and must be paid by the patient, regardless of whether or not it is reimbursed by a health insurance company. For minors, the cost of treatment will be charged and is payable by their legal representative(s).
7.1 Payment terms.
7.1.1 These terms and conditions apply to all services, supplies and treatment agreements performed by VLIJT dentists in their professional capacity.
7.1.2 Amounts claimed for fees, disbursements and supplies, including any sales tax, are due immediately without any discount.
7.1.3 Questions and/or complaints can only be considered if they are submitted in writing, stating reasons, within 15 days from the date of the invoice. Complaints submitted after this period will not be considered and the claim will then be considered correct and binding. The submission of a complaint regarding a claim does not suspend the payment period and obligation. The same applies to complaints submitted to the Dental Complaints Committee or other bodies.
7.1.4 Payment must be made within 32 days from the date of the bill. After expiry of this period VLIJT Tandartsen has the right to engage third parties for collection measures without further notice of default.
7.1.5 If payment is not received within 32 days of the bill date, the patient shall be in default without further notice or notice of default. An interest of 1.5% per month or part thereof shall be payable by the patient on the amount due.
7.1.6 All costs involved in the collection of the declared amounts, including extrajudicial collection costs, shall be borne by the patient. The extrajudicial collection costs shall be calculated in accordance with the Collection Costs Act (WIK), with a minimum of € 40.00 for the first € 2,500.00 of the principal amount, 10% over the next € 2,500.00, 5% over the next € 5,000.00, 1% over the next € 190,000.00, and 0.5% over the excess of the principal amount with a maximum of € 6,775.00, without prejudice to the right of VLIJT tandartsen to claim full compensation. For legal persons or natural persons acting in an occupation or business a minimum of € 75,- in extrajudicial collection costs shall apply.
7.1.7 Payments will first be allocated to outstanding interest, damages, and costs, and then to the oldest outstanding invoices, even if the patient indicates that the payment pertains to a later invoice. Advances will be offset against the final invoice based on the agreement. Despite the above, the dentist has the right to demand immediate and/or cash payment at all times.
7.1.8 In the case of overdue payments, the dentist has the right to suspend further treatment or to require that it be carried out exclusively for cash payment.
7.1.9 Costs for treatments, supplies, and/or services provided to minors who lack judgment capacity will be charged and are owed by their legal representatives. Minors aged sixteen and above are deemed to have the capacity to make judgments, and the costs will be charged directly to them, unless otherwise agreed in writing with their legal representatives.
8.Treatment and information
Prior to any extensive and/or invasive dental treatment more than €500, the patient or their legal representative receives written information about the estimated costs, including the technical costs that will be charged.
If the treatment plan changes, unforeseen complications arise during the treatment, or if the budget is exceeded, the dentist will inform the patient about this. The treatment plan also includes information about the expected health consequences and risks for the patient, as well as alternative treatment methods that may be considered, if possible.
The patient must provide all information and documents that the dentist deems necessary for the execution of the agreement in a timely manner and in the required form and manner.
Additional costs and treatment expenses resulting from delays in the execution of the agreement, due to the failure to provide required data and documents in a timely or correct manner, will be borne by the patient.
The patient guarantees the accuracy, completeness, and reliability of the information and documents provided to the dentist. At the patient’s request, the dentist documents in writing which procedures, whether or not invasive in nature, the patient has given consent for.
9. Liability
The liability of VLIJT dentists is limited to the amount covered by the professional liability insurance taken out, plus the dentist’s deductible under this insurance, if applicable. If the insurer, for any reason, does not provide a payout or if the damage is not covered by the insurance, the liability of VLIJT dentists is limited to the amount of the invoice for the relevant service. All rights to compensation for liability expire one year after the occurrence of the incident that caused the damage.
10. Warranty conditions VLIJT dentists
10.1 Validity
The warranty conditions are an integral part of the general terms and conditions of VLIJT dentists.
10.2 Warranty
10.2.1 Fillings: There is a warranty period of 1 year for treatments with fillings. Replacement and/or repair for aesthetic reasons and wear and tear are not covered by this warranty. During the treatment, VLIJT dentists may indicate that a filling is not covered by the warranty conditions if, in consultation with the patient, an option is chosen that falls outside the indication area for a filling. This choice is recorded in the treatment card and automatically approved by the patient.
10.2.2 Crown and/or bridge work: A warranty period of 1 year applies to (non-implant-supported) crowns and/or bridges.
10.2.3 Complete dentures: For complete dentures of the lower and/or upper jaw and frames, a warranty period of 1 year also applies. Immediate dentures and partial dentures are explicitly excluded from this warranty. (zie lid r van deze voorwaarden).
10.2.4 Combination works: For combination works of treatments as mentioned in paragraphs b and c, a warranty period of 1 year applies.
10.2.5 Longer warranty period: If a warranty period longer than 1 year applies, the following applies: the warranty covers the costs of replacement or repair of the workpiece according to the following scale: in the first year, 100% of the costs are covered, in the second year 80%, in the third year 60%, in the fourth year 40%, and in the fifth year 20%. “Costs” refers to the amount that would normally be charged by VLIJT dentists at the time the treatment under warranty is performed. If applicable, the patient must pay the remaining amount (i.e., the cost price as mentioned above minus the covered warranty), taking into account the payment terms.
10.2.6 Start of warranty period: The warranty period begins on the day the item is installed.
10.2.7 Replacement under warranty: If a component is completely replaced under the warranty conditions, this replacement falls under the existing warranty terms, with the installation date of the original component serving as the starting point for the warranty period.
10.2.8 Repairs under warranty: Repairs to workpieces that fall under the warranty conditions are also subject to the existing warranty terms, with the installation date of the original workpiece serving as the starting point for the warranty period.
10.2.9 Conditions for warranty: A condition for the warranty is that the patient must have their teeth checked and cared for by or on behalf of VLIJT dentists at their own expense at least once every 6 months. The patient must also allow regular check-ups through X-rays at the indication of VLIJT dentists. By neglecting these checks, the warranty is void and VLIJT dentists are not liable for any damage the patient may suffer.
10.2.10 Exclusions of warranty: Defects and/or necessary repairs to workpieces manufactured by VLIJT dentists caused by external influences, such as endodontic and periodontal issues, accidents, teeth grinding, medication use, changes in the patient’s health, pregnancy, smoking, hormone treatments, osteoporosis, etc., or due to the patient’s failure to follow brushing instructions and/or oral hygiene, are excluded from the warranty.
10.2.11 Loss of tooth: If a tooth (existing tooth) or implant is lost under a piece made by VLIJT dentists, resulting in the loss of that piece as well, the patient is entitled to a warranty, unless the loss of this tooth is due to external influences as mentioned above, or due to the patient’s failure to follow brushing instructions and/or oral hygiene.
10.2.12 No financial compensation: The patient is not entitled to any financial compensation if they choose to have a necessary replacement or repair carried out by a party other than VLIJT dentists.
10.2.13 Costs for checks: Conducted checks will be billed according to the rates established by VLIJT dentists and passed on to the patient.
10.2.14 Consumables: The replacement of consumables (such as rubber parts of locators, riders of a frame, screws for click prostheses) during check-ups is at the patient’s expense and is not covered by the warranty.
10.2.15 X-rays: The taking of X-rays (intraoral or panoramic) during check-ups is not free of charge and will be billed to the patient according to the applicable rates.
10.2.16 Conditions for warranties: The guarantees mentioned in this chapter are unconditionally linked to adequate and preventive care provided to and by the patient themselves. The patient must explicitly follow the advice and instructions of VLIJT dentists in all cases. If this does not happen due to the actions or negligence of the patient, the guarantee will be void.
10.2.17 Grinding: If a patient is experiencing grinding, they should report this to VLIJT dentists. A diligent dentist can make a grinding plate for the patient. This treatment is not covered by the warranty, and the costs for the bite plate will be calculated in consultation with the patient according to the applicable rates. The wear plate itself has a warranty period of 1 year.
10.2.18 Immediate prosthesis: An immediate prosthesis is a temporary emergency prosthesis and may not function optimally. Because an immediate prosthesis offers less functionality than a definitive prosthesis, the likelihood of discomfort and dissatisfaction in the patient is greater. An immediate prosthesis, as well as a partial prosthesis, is explicitly not covered by the warranty. The costs for replacing these prostheses will be charged to the patient in consultation.
10.2.19 Adjusting prostheses: The costs for possibly adjusting a prosthesis (rebasin) will be charged to the patient in consultation according to the applicable rates.
10.2.20 Information obligation: The patient must at all times fully and truthfully inform the dentists about their general health and any circumstances that may affect the treatment.
10.2.21 Exclusions: All treatments not mentioned in these warranty conditions, such as implants, crowns on implants, root canal treatments, gum treatments, surgical treatments, orthodontic treatments are not covered.
11.Complaints
Patients should first discuss any complaints about a treatment or information provision with their healthcare provider. If this consultation does not lead to a satisfactory solution, the patient can make use of the complaints procedure of the KNMT free of charge, to which VLIJT dentists are affiliated.
If the complaint is not satisfactorily resolved even after the intervention of the complaints officer, the patient can turn to the Dental Disputes Authority. For the handling of a dispute by the Dental Care Disputes Authority, a fee of €75 is required.
12.Applicable law
Dutch law applies to all agreements between the patient and VLIJT dentists. All disputes arising from or related to the agreement between the patient and VLIJT dentists, to which these general terms and conditions apply, will be settled by the competent court in the district where VLIJT dentists is located.