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Article 1 — Concepts
- The terms GTC / General Terms and Conditions (on this website or other communication from Pranasana) refer to these articles. The Dutch equivalent is AV or Algemene Voorwaarden.
- The terms practice / therapist / Pranasana / Xavier in this context all refer to practice Pranasana, practice for coaching and energetic therapy, located at Oudwijkerdwarsstraat 50 in Utrecht, represented by Xavier Jeukens, registered with the Chamber of Commerce under number 85568090 .
- By “the client” is meant any person who purchases services from Pranasana Practice, such as talk therapy or energetic therapy.
Article 2 — Applicability and legal validity
- These GTC relate to any form of service between the practice and the client. The client must inform himself of these GTC and agrees to these conditions by purchasing therapy from the practice.
- From the first appointment with Pranasana, a treatment agreement is established as described in these GTC.
- These conditions can only be deviated from if the therapist and client have agreed to this in writing.
- Where these GTC are in conflict with Dutch law, Dutch law will of course prevail.
- These GTC are subject to change at any time. The online version is by definition the current and applicable version (this refers to the current server version and therefore not possibly outdated versions (in the cache) that are stored locally by the browser or by search engines).
- If any provision of these Terms and Conditions is found to be invalid by any law, regulation or final decision of a court of competent jurisdiction, all other provisions will remain in full force and effect.
- If a situation arises that is not regulated in these General Terms and Conditions, the therapist and client must act as much as possible in the spirit of these General Terms and Conditions.
Article 3 — Positioning the therapy
- Energetic therapy can complement conventional medicine but is never a substitute for it.
- It is not recommended for the client to stop or interrupt regular medical treatment and certainly not without proper consultation with a doctor or medical specialist.
- Both the therapist and the client each take their responsibility in the treatments.
Article 4 — Obligations of the therapist
- The therapist has an effort obligation with regard to any form of therapy that is taken at Pranasana. This means that the therapist is obliged to do his utmost to achieve the highest possible result for the client. This best efforts obligation also includes supporting tasks such as file creation, invoicing, communication, etc.
- However the therapist does not have an obligation to achieve a result; this is because the result of therapy depends on many factors, including the commitment of the client themselves.
Article 5 — Confidentiality and professional secrecy
- The therapist is obliged to maintain secrecy towards third parties regarding (confidential) information covered by professional secrecy or the therapist’s ethical code of secrecy.
- Provision A of this article does not apply to knowledge of which the therapist has a legal obligation to disclose. This may include knowledge of serious facts such as crimes, criminal activities or suicidal intentions.
- In principle, access to a client’s file is only reserved for the therapist and client. Access by third parties is only permitted with the explicit permission of the client (unless there is a serious situation as discussed in provision B of this article, only then can the requirement for permission from the client be waived).
- The therapist is not allowed to use information provided by the client for any purpose other than that for which it was obtained (which is the purpose of providing care for the client). An exception to this is disciplinary, civil or criminal proceedings in which the therapist needs this information in order to defend himself legally.
- The client also has a duty to maintain the confidentiality of confidential information that he or she has obtained in the context of the therapy and/or during a visit to the practice.
- Confidential information is information that has been designated as such by the therapist or client, or whose confidential nature can be deduced from the nature of the information. This includes medical data as well as personal data by definition.
Article 6 — Prices and payment
- Clients must pay for treatments immediately afterwards.
- The therapist is obliged to report any additional costs (for example for materials) to the client before use and these extra costs can only be charged with the consent of the client.
- Rates are subject to change at any time without prior notice. Exceptions are rates that have already been agreed in writing with a client in an individual agreement.
- When the rate of a treatment is adjusted, this has no consequences for already paid treatments within the same treatment plan (even if the rate change has taken place in response to the change in the statutory VAT percentage).
- The client is responsible for informing themselves about any rate changes as well as reimbursements by his or her health insurance. The therapist will proactively communicate with the client as much as possible about any rate changes.
- Defaulters will be reported to the authorities. Any costs for engaging a collection agency or a bailiff are for the account of the client. After engaging a debt collection agency or bailiff, communication and payment arrangements are made through the aforementioned parties; Pranasana then withdraws from further collection.
Article 7 — Cancelling or ending therapy
- If unable to attend, the client is obliged to cancel at least 24 hours before a scheduled appointment (by e-mail, text message, app or phone call).
- In case of cancellation less than 24 hours before a scheduled appointment, 50% of the treatment rate can be charged.
- If you do not show up for a scheduled appointment without notice, the full rate of the treatment may be charged.
- If a treatment is interrupted by the client while it is in progress, the full rate of the treatment will be charged.
- If a client shows up late for the appointment, this missed time will be deducted from the remaining consultation time, so that other clients are not inconvenienced. In other words: missed consultation time will not be made up and no refund will be made for this.
- Both client and therapist can cancel a treatment plan without stating reasons and refrain from providing or taking further therapy. However, in the wish to terminate the therapy, both parties strive for a personal meeting to explain the reasons for termination so that the client and/or therapist can learn from this.
- The therapist may change the date and time of a treatment without stating reasons, provided this is done at least 48 hours in advance. A new date and time should be chosen in consultation with the client.
Article 8 — Force majeure
- If the therapist cannot, not timely or not properly fulfill his obligations, due to a cause that cannot be attributed to him, in other words if there is a case of force majeure, then those obligations will be suspended until the therapist can again fulfill his obligations.
- If the client is unable to cancel his or her appointment in time as a result of force majeure, provisions 7A, 7B, 7C and 7D will lapse. In other words: then no costs will be charged to the client.
- As the rates of treatments are known in advance and must be paid afterwards, force majeure can never be a reason for clients not to have to comply with the payment obligation.
Article 9 — Liability
- Pranasana’s liability is limited to the amount paid out by Pranasana’s liability insurance in the relevant case. In all other cases Pranasana’s liability is limited to the amount charged to client for the treatment in question.
- Pranasana is in no way liable for medical complications that occur during or after a treatment with the client, which are not due to a serious and proven attributable shortcoming of the therapist. In addition, Pranasana is in no way liable for consequential damages.
- Pranasana is in no way liable for damage or injury resulting from not following the advice of the therapist (examples of such advice are: ‘do not drive a vehicle for the next hour’ or ‘drink plenty of water for the rest of the day’).
- Pranasana certainly does not provide medical advice.
- The client is obliged to take all measures necessary to limit the damage for which he / she wants to hold Pranasana liable.
- Pranasana is in no way liable for the quality and composition of the supplements and/or other food it advises. The supplier of these supplements and/or food is responsible and accountable for this.
- The client is obliged to share all relevant information about his or her medical situation (now and in the past) with the therapist. Pranasana is in no way liable for any consequences of the client’s withholding this information.
- The advice or offers resulting from the treatments are valid for a maximum of three months.
- The limitations of liability of Pranasana included in this article do not apply if there is demonstrable intent or gross negligence on the part of the therapist which has demonstrably led to damage or injury to the client.
Article 10 — Other law
- Dutch law applies to all agreements between the therapist and the client.
- In the event of a conflict or dispute that comes before a judge, a court that has jurisdiction in the therapist’s place of residence (Utrecht) will be chosen.
- Before the client or therapist appeal to the court, they must first make every effort to resolve a dispute in mutual consultation, either through direct personal contact or through mediation by an independent third party.
- Any form of service provided by the therapist that is within the field of the professional association to which the therapist is affiliated, is also subject to the provisions of this professional association. The therapist is therefore bound by these provisions.
- The complaints procedure of the professional association applies to any complaints from the client regarding the services of the therapist. In the case of complaints, the therapist and client strive for a solution in a personal conversation or through mediation by an independent third party. If this does not yield any results, the client can use the complaints procedure of the professional association (see the Complaints & Disputes page on this website).