Article 1. Definitions
- The coach/therapist: Name of therapist/coach, name of practice.
- The client: the other party to the agreement. Name of therapist/coach, name of practice.
- Services: coaching, therapy, incidental advice, healing, diagnoses, individual services, delivery of supplements and/or medications, or other incidental services performed by the coach/therapist/naturopath on behalf of the client.
- Program: an agreement concerning multiple individual services/services and/or an agreement from which individual services/services arise over a longer period.
Article 2. Applicability
- These General Terms and Conditions apply exclusively to all agreements between the coach/therapist/naturopath and the client, to the express exclusion of other General Terms and Conditions.
- Acceptance of a price agreement or the conclusion and/or continuation of an agreement in any other way constitutes acceptance of the General Terms and Conditions by the client and waives the applicability of any other general terms and conditions of the client.
- Deviations from these General Terms and Conditions will only be valid if confirmed in writing by the coach/therapist/naturopath. In this case, the remaining provisions remain in full force.
Article 3. Establishment and Amendment of Agreement
- An agreement may concern either a program or individual services/performances.
- An agreement between the coach/therapist/naturopath and the client is concluded upon written acceptance of the price agreement by the patient/client, or verbal confirmation of an individual consultation.
- If acceptance of a price quote includes reservations and/or changes, the agreement will only be concluded after the coach/therapist/naturopath has agreed to these reservations and/or changes in writing.
- Changes or additions to the agreement will only be concluded after both parties have confirmed them in writing, or, in the case of an individual consultation, verbally.
Article 4. Duration of the Agreement and Termination
- Unless otherwise specified in the agreement, it is entered into for the duration of a program or individual services/performances. After the agreed contract period expires, the agreement can be extended by mutual agreement between both parties.
- Each party is entitled, without prejudice to the right to compensation for costs, damages, and interest, to terminate the agreement without judicial intervention with immediate effect by registered letter if:
– The other party has failed to fulfil or more of its obligations and fails to fulfil its obligations within a period set for fulfilment by registered letter, unless the failure(s) are of such a nature or minor significance that they do not reasonably justify termination.
– Bankruptcy or suspension of payments is requested or granted for the other party, or measures are taken that indicate termination or cessation of business.
Article 5. Cancellation
- Cancellation of appointments for individuals arising from an agreement must be made no later than 48 hours before the agreed time. Replacement by another person, arranged by the client, is not considered a cancellation.
- The following cancellation conditions apply to consultation cancellations.
– Consultations cancelled within 48 hours or within two business days of the appointment will be fully charged.
– If cancellation is not made or is made too late, the coach/therapist/naturopath is entitled to charge for the relevant service(s), without prejudice to the right to payment of all costs incurred by them in this regard.
– The coach/therapist/naturopath is reasonably entitled to change the time of an already scheduled appointment. In that case, they must also notify the client of this no later than 48 hours before the agreed time, considering the most convenient travel time for the client.
Article 6. Confidentiality, File Management, and Right of Access
The coach/therapist/naturopath will treat all information regarding the client that they obtain in the performance of their services confidentially and will not disclose this information to third parties, except to the extent the coach/therapist/naturopath is obligated to do so, or the coach/therapist/naturopath has obtained permission.
The coach/therapist/naturopath will impose a confidentiality obligation as described in paragraph 1 on their employees and any third parties engaged in the performance of services.
The coach/therapist/naturopath will provide quantitative reports on trajectories upon request from the client, in accordance with prior agreements, in compliance with privacy laws.
Article 7. Rates
Consultation rates are based on the most recent rate list and/or are stated in the quote for the relevant service.
Article 8. Invoicing and Payment
- Services provided to clients will be invoiced by the coach/therapist/naturopath, as agreed, via an invoice.
- Invoicing will be based on the rates and number of sessions agreed upon between the parties at the start of the service.
- Unless otherwise agreed in writing, the individual client must pay the coach/therapist within 14 days of the invoice date, without any right of offset.
– In the case of a program, the parties may agree to payment in instalments.
– If the payment term is exceeded, the client will be in default, without notice of default being required. - The coach/therapist/naturopath is entitled to suspend their obligations to provide services effective from the date on which the payment term expires. The coach/therapist/naturopath will inform the client in a timely manner of the aforementioned suspension of their services. The client will owe statutory interest on the outstanding amount from the aforementioned date. Furthermore, all extrajudicial collection costs are the client’s responsibility. Collection costs include the costs of lawyers, bailiffs, and debt collection agencies, determined in accordance with the applicable or customary rates.
- If the therapist uses a debt collection agency, the following payment terms apply:
- These general terms and conditions are provided to the client prior to the treatment, delivery, and/or service.
- The costs of treatment, delivery, and/or service for minors who are not legally discriminatory will be charged to their legal representatives. Minors who have reached the age of sixteen are deemed to have legal discriminatory capacity, and the costs will be charged to them unless their legal representatives confirm in writing that they will pay the costs.
- For treatments, appointments must be cancelled – if necessary – at least 24 hours before the start of the treatment. In the event of late cancellation or non-cancellation, i.e., within 24 hours of the appointment, we reserve the right to charge the patient for the time reserved for the appointment. Questions and/or complaints regarding invoiced costs can only be considered if they are submitted to the physician in writing, with reasons, no later than 15 days after the invoice date.
- Questions and/or complaints regarding invoices submitted after the aforementioned 15-day period will no longer be processed. In that case, the invoices are considered correct and final between the parties. Questions and/or complaints do not suspend the patient’s payment obligations.
- All payments must be made by the patient within 15 days of the invoice date. Payments will first be deducted from the oldest outstanding debts.
- If the patient fails to pay within 15 days of the invoice date, the patient will be in default without further notice or notice of default. The interest owed by the patient on the principal amount from the date of default until the date of full payment is 1.5% per month or part thereof.
- All judicial and extrajudicial collection costs incurred to obtain payment of the invoice, whether in or out of court, are the client’s responsibility. If the client is a consumer, collection costs will be charged in accordance with the new Debt Collection Costs Act (excluding VAT):
– Minimum rate €40
– 15% on the first €2,500
– 10% on the next €2,500
– 5% on the next €5,000
– 1% on the next €190,000
– 0.5% on the remaining principal amount, with a maximum of €6,775
If the client is a legal entity or a natural person acting in the course of a profession or business, extrajudicial collection costs of 15% of the principal amount due will be claimed, with a minimum of €75.
Article 9. Liability
- The coach/therapist/naturopath’s services are provided under a best-efforts obligation.
- The coach/therapist/naturopath does not provide any medical guarantees, nor is she/he liable in any way for medical complications that arise with the client during or after the provision of her/his services, which are not attributable to a serious attributable shortcoming of the coach/therapist/naturopath. The coach/therapist/naturopath is in no way liable for consequential damages.
- The coach/therapist/naturopath is not liable for any damages resulting from the client’s failure to properly follow the coach/therapist/naturopath’s oral or written advice.
- The coach/therapist/naturopath’s liability for damages arising from the services provided by them – possibly with the involvement of non-subordinates – is limited to the costs of a consultation and recommended supplements or medications.
- In all cases, the coach/therapist/naturopath’s liability is limited to the amount invoiced to the client.
- The client is obligated to take all necessary measures to limit the damages for which they wish to hold the coach/therapist/naturopath liable.
- The coach/therapist/naturopath is in no way liable for the quality and composition of the supplements or medications they recommend. The supplier of these supplements or medications is responsible and accountable for these. The coach/therapist/naturopath will cooperate, to the extent possible, in the proper handling of any complaint regarding the recommended supplements or medications.
Article 10. Complaints Procedure
- In the event of a complaint about a treatment, we will first attempt to discuss it with the client.
- It is also possible to engage an independent complaints officer. This person can assist with formulating the complaint or, in the event of dissatisfaction, and help find solutions. The therapist is entitled to be informed of this.