Terms and Conditions

Article 1 – Definitions Prescan

the private limited liability company Prescan B.V., registered with the Dutch Chamber of Commerce under number 08100923, with its registered office at (3741 GP) Baarn, Hermesweg 15, the user of these General Terms and Conditions. Client: the natural or legal person who, pursuant to the Agreement, receives Services from Prescan. Parties: the Client and Prescan jointly. Services: the provision or arrangement of healthcare in the context of preventive medical examinations (screenings) and/or check-ups, possibly with the assistance of independently operating physicians, hospitals, clinics and/or laboratories. For the performance of the aforementioned Services, a medical treatment agreement as referred to in Article 7:465 of the Dutch Civil Code (BW) shall be concluded between the Client and Prescan. General Terms and Conditions: these General Terms and Conditions of Prescan. Agreement: the treatment agreement under which Prescan undertakes towards the Client to perform acts in the field of medical practice that directly relate to the Client. This treatment agreement is concluded in accordance with Article 7:446 of the Dutch Civil Code (BW). Medical History (Anamnesis): questions posed by Prescan to the Client, orally or via a form, relating to his/her state of health.

Article 2 – Applicability

1. These General Terms and Conditions apply to the Agreement between Prescan and the Client.
2. Any agreed deviations from these General Terms and Conditions do not entitle the Client to any rights for the future.
3. If one or more provisions of these General Terms and Conditions are annulled or declared void, the remaining provisions shall remain fully in force. The Parties shall then consult with each other in order to agree on a new provision or provisions to replace the void or annulled provision(s), taking into account as much as possible the purpose and intent of the void or annulled provision(s).
4. Where the term “in writing” is used hereinafter, this shall also include communication by digital means.

Article 3 – Formation and Amendment of the Agreement

1. The Agreement is formed when the Client approaches Prescan with a (request for) assistance relating to the Services and Prescan responds to this request. In any event, the Agreement is deemed to have been concluded at the time the appointment is scheduled, or after acceptance of the General Terms and Conditions.
2. Quotations issued by Prescan are valid for 14 days, unless otherwise stated in the quotation, and do not automatically apply to future agreements. Issuing a quotation or making an offer does not oblige Prescan to conclude an agreement. Obvious errors and/or mistakes in a quotation or offer are not binding on Prescan.
3. (Written) agreements between Prescan and the Client, including the completed medical history form, the general consent declaration including its appendices, among which the document “screening information”, and these General Terms and Conditions, form part of the Agreement and replace all prior proposals, correspondence and agreements in whatever form.
4. Oral and/or written commitments or agreements made by or with employees of Prescan shall only bind Prescan if and insofar as they have been confirmed in writing by an authorised person or by an employee designated for this purpose by an authorised person.
5. Amendments to and/or additions to the Agreement shall only be binding if Prescan has agreed to them in writing.
6. Prescan has the right at all times to refuse a Client for valid reasons. In such case, there is non-acceptance and no agreement is concluded.

Article 4 – Prices and Rates

1. Prices stated in brochures, websites, price lists, quotations, offers, order confirmations and agreements are expressed in euros (€).
2. If no (fixed) price has been agreed with the Client, Prescan shall invoice the Client for the Services provided at the customary rates as published on its website.
3. Prescan’s rates may be indexed annually on 1 January in accordance with the CBS index and are established in accordance with the Dutch Healthcare Market Regulation Act (Wet marktordening gezondheidszorg – Wmg).
4. Prescan is entitled to charge the Client a reasonable amount for administrative and/or reservation costs, for example for guidance, consumption usage in the hospital or clinic, reporting and/or shipping costs.

Article 5 – Invoicing and Payment

1. Unless otherwise agreed, the Client must pay Prescan’s invoices no later than 7 days prior to the commencement of the examination, or, if the Client receives the invoice within this period, no later than 1 day prior to the commencement of the examination.
2. The Client is fully responsible for submitting claims for costs owed to Prescan to his/her (health) insurer. Prescan provides no guarantee whatsoever regarding reimbursement by insurers.
3. If the Client fails to meet his/her payment obligation towards Prescan, or fails to do so on time, Prescan shall send the Client a free reminder requesting payment of the invoice within 14 days. This 14-day period commences one day after the date of the reminder letter. If payment is not received after expiry of this period, Prescan reserves the right to charge the Client, in addition to the outstanding invoice, statutory interest and collection costs.
4. Payments made by the Client shall first be applied to outstanding collection costs, then to statutory interest due, and finally to the outstanding invoice amount. Payments shall be allocated to the longest outstanding invoice first, even if the Client states a different invoice number and/or description with the payment.
5. Prescan reserves the right, if it suspects that the Client will not fulfil his/her obligations towards Prescan, to require security from the Client, for example in the form of a bank guarantee. Any costs associated with this shall be borne entirely by the Client.
6. If the Client fails to provide sufficient security and/or to fulfil his/her obligations towards Prescan, Prescan has the right to suspend its obligations towards the Client or to terminate the Agreement and recover any resulting damage from the Client.

Article 6 – Performance of the Agreement

1. Agreed time limits, including result delivery times, are indicative only and shall never be regarded as strict deadlines. Exceeding such a time limit alone does not constitute default by Prescan. At least one written notice of default from the Client is required, granting Prescan a reasonable period to still fulfil its obligations.
2. Prescan cannot be obliged to perform the agreed Services before the Agreement has been concluded and all necessary information and other relevant data (including but not limited to the signed consent declaration, including the Medical History Appendix) have been provided by the Client, and any amounts agreed to be paid in advance have been received by Prescan.
3. The Client is fully responsible for the accuracy and completeness of all information and data provided to Prescan.
4. Prescan is at all times authorised to have the Agreement performed in whole or in part by third parties. Prescan remains (ultimately) responsible for the provision of the Services.
5. Prescan shall appoint a single point of contact for the Client.

Article 7 – Complaints and Disputes

1. Prescan has a complaints and disputes procedure in place, ensuring effective and accessible handling of complaints. This procedure complies with the requirements of the Dutch Healthcare Quality, Complaints and Disputes Act (Wet kwaliteit, klachten en geschillen zorg – Wkkgz).
2. All information regarding this complaints and disputes procedure, including the complaint form, complaints regulations and the disputes committee with which Prescan is affiliated, can be found on Prescan’s website.

Article 8 – Amendments and Cancellation

1. Scheduled appointments for an examination and/or treatment may be amended or cancelled by the Client up to 72 hours before the agreed time.
2. Provided that the 72-hour period referred to in paragraph 1 of this article is observed, an appointment may be amended twice free of charge by the Client. A third amendment shall be regarded as a cancellation, to which paragraph 3 of this article applies accordingly.
3. In the event of amendment or cancellation within 72 hours prior to the agreed time, the Client is obliged to reimburse the costs incurred by Prescan in preparation and scheduling of the appointment.
4. The provisions of the preceding paragraphs of this article may be deviated from if the amendment or cancellation is the result of demonstrable force majeure, including but not limited to the following situations:
   a) a serious or life-threatening accident, serious or life-threatening illness, or death of the Client himself/herself, his/her partner, or a first- or second-degree blood relative or relative by marriage;
   b) if, after the conclusion of the Agreement, a written statement from a physician shows that the Client is pregnant;
   c) if a written statement from a physician shows that the Client, his/her partner, or a child living with the Client urgently requires a medically necessary procedure;
   d) if a written statement from a physician shows that the Client is unable to travel due to illness.
5. Amendment or cancellation of an appointment must be made in writing. Telephone amendments or cancellations must always be followed promptly by written confirmation from the Client.
6. If the Client fails to appear at a scheduled appointment without timely amendment or cancellation as referred to in Articles 8.1, 8.2 and 8.3, the Client shall owe the full agreed amount to Prescan. No refund shall be made in such cases.
7. The Client is not entitled to a new free examination or a refund if the scheduled examination must be discontinued for reasons attributable to the Client.
8. For safety reasons, an X-ray of the eyes may be taken prior to the Client’s examinations to exclude metal splinters in the eye. If metal splinters are found, the examination cannot proceed. The costs of the X-ray shall be charged to the Client; however, the other examination costs shall not be charged.

Article 9 – Confidential Information

1. The Parties are mutually obliged to maintain confidentiality of all (medical) information obtained in the context of concluding and performing the Agreement and, where applicable, shall impose this obligation on their employees and/or engaged third parties.
2. With regard to the manner in which Prescan processes (special category) personal data, including the Client’s medical data, Prescan refers to its Privacy Statement.
3. If Prescan is required by law or a court ruling to disclose confidential information, including the Client’s medical data, to third parties designated by law or a competent court, and Prescan cannot invoke a statutory or court-recognised right of non-disclosure, Prescan shall not be liable for damages or compensation towards the Client. Prior to any (legitimate) breach of medical confidentiality, Prescan shall inform the Client thereof in writing and shall at all times ensure that such breach is kept to a minimum.
4. Prescan is entitled to publish about its services, give presentations and/or lectures, and advertise them. If Prescan uses case studies for this purpose, they shall always be anonymised so that the Client’s privacy and personal sphere are fully safeguarded.

Article 10 – Intellectual Property Rights

1. Prescan reserves all intellectual property rights to which it is entitled under applicable laws and regulations.
2. All documents provided by Prescan, such as reports, advice, agreements, designs, sketches, drawings, software, etc., are intended solely for use by the Client and may not be reproduced, disclosed or made available to third parties without prior consent from Prescan, unless the nature of the documents implies otherwise.
3. Prescan is entitled to use the knowledge gained through its services for other purposes, provided that no confidential information is disclosed to third parties.

Article 11 – Liability of Prescan

1. Prescan is responsible and liable for the performance of the Agreement in accordance with the law.
2. Prescan is not responsible or liable for the services provided by third parties to whom Prescan refers or with whom it mediates, nor for reimbursement disputes between the Client and third parties. These healthcare providers enter into a separate treatment agreement with the Client and are themselves responsible and liable for its performance. In the event of a dispute arising in the handling of a claim, Prescan may mediate on behalf of the Client.
3. Holding Prescan liable does not suspend the Client’s payment obligation.
4. Prescan is only liable for non-performance, incorrect or partially incorrect performance of the Agreement insofar as this is the direct result of an attributable failure.
5. Except in cases of intent or gross negligence on the part of Prescan, Prescan’s liability is limited to direct and material damage. Prescan shall in no event be liable for consequential damage, indirect damage, business losses or loss of profit.
6. The Parties expressly exclude liability for damage caused by disruptions in Prescan’s electronic services or those of third parties, such as providers, network operators or other telecommunications networks, even if this results only in a delay in the performance of the Agreement.

Article 12 – Force Majeure

1. In the event of force majeure, Prescan is entitled to suspend fulfilment of its obligations under the Agreement until the force majeure situation has ended. Prescan shall inform the Client accordingly.
2. Force majeure shall include, in addition to what follows from law and case law, the failure or malfunction of connections of Prescan’s (internal) networks and/or telecommunications or internet providers.
3. Prescan is also entitled to invoke force majeure if the force majeure situation arises after it should have fulfilled its obligation.

Article 13 – Termination

1. In addition to the grounds stated in these General Terms and Conditions, the Parties are entitled to suspend or terminate the Agreement in whole or in part with immediate effect, without notice of default and/or judicial intervention, and without being liable for any compensation, if the other party:
   a) is granted a suspension of payments, declared bankrupt, enters into (statutory) debt restructuring, becomes subject to attachment, or otherwise becomes unable to pay, or ceases to exist;
   b) dies (in the case of the Client);
   c) fails to fulfil one or more obligations under the Agreement and the failure is of such a serious nature that continuation of the Agreement cannot reasonably be expected, or if other circumstances arise such that unchanged continuation of the Agreement cannot be expected.
2. Termination of the Agreement does not entitle the Client to a refund of advance payments, unless the Parties have agreed otherwise.

Article 14 – Applicable Law and Competent Court

1. All legal relationships between Prescan and the Client are exclusively governed by Dutch law.
2. Disputes shall be submitted exclusively to the District Court of Overijssel, location Almelo, without prejudice to the right of Prescan or the Client to submit a dispute to the court having jurisdiction under the law.

You can download the terms and conditions here.