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General terms and conditions

To prevent misunderstandings afterwards, it is necessary to read these general terms and conditions prior to an appointment.

Acceptance: Making an appointment means that you agree with the general terms and conditions below.

General terms and conditions associated with the treatment agreement between the therapist, Kim Niekerk, with the Therapie Amsterdam Noord practice (hereinafter referred to as the therapist) and the client.

1. The therapist practices independently and, on the basis of this, draws up the treatment plan and carries out the therapy with the resources, knowledge and experience that she has acquired professionally. 
2. The therapist works with the information provided by the client and is never liable for any adverse consequences that have arisen because the client has provided incorrect or incomplete information, or because the client is known and available to him/her has not provided information contained in medical records of doctors, specialists or other practitioners.
3. If the client has agreed on a new date for a follow-up appointment after the first introductory meeting, a treatment agreement exists. This treatment agreement is recorded in writing. 
4. The treatment agreement is twofold: 
   a. The therapist and the client enter into a relationship with each other for a certain period of time in the therapist-client relationship. 
   b. The treatment relates to the request for help and treatment goals presented by the client. These can be adjusted or specified during the treatment process. 
5. Given the confidential nature of the therapy, the therapist has a legal obligation of confidentiality. Data from the client will only be handed over or communicated to third parties (doctors and other practitioners) with his express and written approval. 
6. The therapist complies with the Medical Treatment Agreement Act (WGBO) and the complaints and disciplinary law (TCZ), as established by the professional associations, namely: Dutch Professional Association of Hypnotherapists (NBVH) and Register of Complementary Care Professionals (RBCZ). 
7. Pursuant to the WGBO, the therapist is obliged to keep a client file. As of January 1, 2020, the file will be kept for 20 years after the end of the treatment agreement. The period may be longer if this is necessary in view of the treatment (for example if the client has a chronic illness). The client has the right to inspect, change, delete and receive the file. There is no right of access for surviving relatives. 
8. If the client, his/her GP or other MD requires a written report of the treatment process with the client, an invoice will be sent to the client by e-mail. For this service you will be charged the rate of one session. The payment terms are the same as those for failure to comply with the cancellation conditions. These are described in more detail from Article 22 onwards. 
9. For work activities such as reading client’ medical dossiers an hourly rate of one session will be charged per document longer than 2 A4 pages. The payment terms are the same as those for failure to comply with the cancellation conditions. These are described in more detail from Article 22 onwards.
10. The therapist cannot and do not accept any materials (whether manuscripts, diaries, treatments, scripts, drawings, ideas, pictures, photos, sound recordings, videos, art work etc.) that the therapist did not specifically request. This material will be immediately deleted from the server, rejected by the door, and will not be accepted in a session by the therapist.
11. The therapist does not write statements and/or reports for a lawyer/ lawsuit, insurance company, UWV (unemployment office), employer, etc. The therapist’ focus is entirely on the treatment and the relationship of trust with the client. A relationship of trust with the client can get under pressure if the statement has unfavorable consequences for the client, and may also interfere with the treatment and desirable outcome by the client. Furthermore, the therapist doesn’t want to be involved in a conflict of interest, especially because the therapist is not expert in the area for which a statement/report is often used.
12. If the client wishes to submit a complaint about the therapist’s performance and/or the form of guidance, other than to the therapist herself, this can be reported to the professional association NBVH or for more information see the Complementary Care Disciplinary Law ( TCZ). 
13. The client cannot derive any rights from results resulting from treatment and is aware of the possibilities and limitations of the treatment forms, including hypnosis. The therapist can never be held liable for any lack of results or, however unthinkable, for negative consequences resulting from this method. 
14. The client is and will always remain responsible for his or her health and understands that this form of treatment is not a substitute for medical care. 
15. The client will continue any current medical treatments, including medications, and will never start or stop them without adequate advice from a medically qualified professional. 
16. The therapist may not perform treatment without the client’s permission. By completing and signing the treatment agreement, the client agrees that treatment with direct and indirect hypnosis can take place.
17. Therapie Amsterdam Noord uses the Domestic Violence and (Child) Abuse Reporting Code, as has been legally required for healthcare providers since July 1, 2013.
18. Payment must be made immediately before a consultation via payment request. This also applies to telephone or online consultations. The invoice is always sent by e-mail after the consultation. 
19. The costs are charged per consultation, as agreed in the treatment agreement. If necessary, this can be deviated from, for example by a longer or double session. This will be agreed prior to the consultation. 
20. Once an appointment has been confirmed by email, Therapie Amsterdam Noord applies the following cancellation conditions: 
    a. Appointments can be changed or canceled free of charge up to 48 hours before the start of a consultation. 
    b. In the event of non-cancellation or cancellation/change within 48 hours before the appointment, the therapist is entitled to charge the client 100% of the reserved time. 
21. If the cancellation conditions are not met, an invoice will be sent by e-mail. The client must pay this within 24 hours of the invoice date. 
22. If the payment obligation is not met, the therapist will send a payment reminder. For sending this payment reminder, the client will be charged an additional amount of €12.50. 
23. If the client does not meet his/her obligations within 14 days after the date of the payment reminder, the therapist is entitled, without further notice of default, to take collection measures or have them carried out by third parties. 
24. All extrajudicial collection costs associated with the collection of the declared amounts will be borne by the client. The extrajudicial collection costs are set at at least 15% of the principal amount with a minimum of €35, if this concerns a private person. Different conditions apply to business agreements. 
25. In the event of payment arrears, the therapist is entitled to suspend further treatment until the client has met his/her payment obligations. 
26. Termination of the treatment can take place at any time by mutual consent. If the client no longer appreciates the continuation of a treatment program, the client can terminate the treatment program under his or her own responsibility. 
27. The treatment agreement can be terminated in the following ways or circumstances: 
    a. Therapist and client jointly determine that no more sessions are needed; 
    b. Client indicates (orally, in writing or via e-mail) that he/she no longer wishes to arrange sessions; 
    c. The therapist indicates (verbally, in writing or via e-mail) that they will no longer give sessions; 
    d. Client repeatedly fails to adhere to the general terms and conditions of this treatment agreement or to the agreements made between client and the therapist during the sessions; 
    e. The therapist is of the opinion that, in connection with the client’s problems and the therapist’s competence, the therapist is not competent to guide the client. This is certainly the case if the problem is directly related to contraindications. 
28. The treatment agreement ends by operation of law if no consultation has been agreed for a period of longer than one month after the last session, unless agreed otherwise between therapist and client. An appointment once a year or once in every few week or months, is a stand-alone session. A stand alone session, a so called single therapy session is a different form of therapy, and separate from a treatment plan when there is a steady continuity in sessions; like every week or once in two weeks a session.
29. The client behaves as a guest and adheres to the rules of both the therapist and the location where the therapy takes place, namely the practice space and the house including garden(s), located at Meeuwenlaan 161 1021JB in Amsterdam (or at other location if agreed in writing). There is no eating, smoking, alcohol or drug use during the session. No bike parking inside the house. Coats, bags, street shoes and/or food remain in the hallway. Inside the house and in the garden is a smoke-free zone. The costs of destruction of property of both the therapist and the practice space, the house and garden(s) by the client will be recovered from the client. Any form of abuse of the therapist by the client will at all times be reported to the police. 
30. Therapie Amsterdam Noord is not liable for damage caused to the client’s property by parking on or entering the grounds and house of Therapie Amsterdam Noord located on Meeuwenlaan in Amsterdam. Nor for other damage caused by entering the building, where the Therapie Amsterdam Noord practice is located, and using the facilities, such as the hallway, toilet and kitchen. 
31. The Client declares that he/she has taken note of the general terms and conditions and the privacy statement of Therapie Amsterdam Noord by signing the treatment agreement, as has been legally required for healthcare providers since July 1, 2013.