General terms and conditions
General terms and conditions Maternity Agency De Kleine Amsterdammer
1 Determination of terms
- 1.1 Under the definition De Kleine Amsterdammer B.V., hereinafter referred to as DKA, shall mean maternity agency De Kleine Amsterdammer B.V. with offices located in Amsterdam, unless explicitly stated otherwise.
- 1.2 In these General Delivery Conditions “client” shall mean the person in whose assignment or on whose account the activities will be performed by DKA.
- 1.3 “Care provision” shall mean the care of new borns and women in childbed and possibly other family members during the maternity period.
- 2.1 These General Delivery Conditions apply to all legal relationships between DKA and the client including a care agreement.
- 2.2 Present conditions apply to all offers, care agreements and implementation. Deviations should explicitly be agreed on in writing and accepted by DKA and are only applicable in the specific case for which these are agreed.
- 2.3 Possible conditions of the client, under any name whatsoever, are not applicable, unless and to the extent that it has been accepted in writing by DKA for each case individually.
- 3.1 The client is responsible for providing current and complete information when registering. The registration can be done directly through DKA or indirectly through the client’s insurance company.
4 Care agreement, care file and care plan
- Care agreement 4.1 With the care agreement, the client confirms to receive maternity care from DKA and DKA confirms to provide the client with maternity care in accordance with the General Delivery Conditions. 4.2 The care agreement is final only after the agreement has been signed by both the client as by DKA.
- Care file 4.3 The care agreement, together with the hour registration and other correspondence, is kept in the care file. The hour registration shows the number of working hours and has to be signed by the client as well as the maternity nurse after finishing the maternity care.
- Care plan 4.4 The care plan contains the agreements concerning care hours, indications and responsibilities. The care plan is present at the client. It also states what both parties can expect during the postpartum period.
- 5.1 DKA provides care based on the signed care agreement. DKA provides her services as from 3 hours a day which is the minimum. The work consists of care for mother and child. The basic package is based on 6 hours of care per day where the work includes the care and control of mother and child, education, instructions and integration into the family, observe, monitor and report and ensure hygiene.
- 5.2 If the need for care changes after childbirth or during the maternity care, the care providing will be adjusted based on the National Indication Protocol (LIP). DKA is entitled to adjust the desired hours in case of busy periods with multiple care requests.
- 5.3 If the maternity nurse is prevented from attending, for any reason whatsoever, DKA will try to send another maternity nurse as soon as possible.
- 5.4 If DKA is unable to provide the services herself, she is entitled to hire a third party who will provide the services on behalf of DKA.
6 Conditions of employment
- 6.1 The client has to make arrangements, so DKA is enabled to deliver services of good quality; for instance running water, good functioning electricity and gas facilities.
- 6.2 The client is responsible for a safe work environment for the maternity nurse.
- 6.3 The client should prevent situations of sexual harassment, excessive alcohol or drugs use, violence or aggressive pets.
- 6.4 The childbed needs to have a working height of at least 70 cm.
- 6.5 According to the “Tobacco Law” the maternity nurse has a right to a smoke-free workplace. This means that both client and maternity nurse are prohibited to smoke in the work environment. The equipment with which the maternity nurse has to work, needs to be safe for use. 6.6 The client acknowledges that DKA sets requirements for the workplace and working conditions for her maternity nurses in the field of safety, facilities, hygiene, physical workload, equipment, accessibility and a smoke-free workplace. DKA is entitled to refuse services when the conditions are being breached.
7 Privacy / Treatment
- 7.1 DKA applies the Law Protection Personal Data while delivering its services.
- 7.2 Every employee of DKA has a confidentiality obligation concerning all information from the client, which has come to their knowledge due to their function and of which they know or can reasonably assume that this must be handled with great confidentiality.
- 7.3 Both the client as well as the DKA employees must treat each other correctly and with respect. The client is not allowed to refuse an employee based on discriminating motives (as stated in the General Law Equal Treatment).
8 Price and Payment Conditions
- 8.1 Costs for maternity care are composed of various rates and are being determined annually by the Dutch Healthcare Authority.
- 8.2 Services will be invoiced separately. These services can be divided in: a. registration b. interview by telephone or by visit c. parturition assistance d. hours of maternity care e. deferred maternity care f. incubator aftercare g. adoption aftercare h. statutory personal contribution
- 8.3 The client has to pay the invoice within 14 days after the invoice date using a payment method specified by DKA.
- 8.4 The client is not allowed to pay in instalments, unless a payment schedule in writing is agreed on beforehand by DKA. DKA is entitled to charge the statutory interest if there is a payment schedule.
- 8.5 The agreed payment term of 14 days, is an expiration date. If the invoice is not being paid on time, DKA is entitled to charge an interest of 1% per month, to be calculated from the date the payment is due until the date the payment is received. The costs of collection, both judicial and extrajudicial, shall be paid by the client.
9 Termination / Cancellation care agreement
- 9.1 Costs for maternity care have been compiled from various tariffs, which are being determined yearly by the Dutch Care Authority (NZA). 9.2 DKA is entitled to terminate the care agreement if the client demonstrably acts in conflict with the care agreement and/or general conditions.
- 9.3 Termination by the client must always be announced in writing. Depending on the moment of termination, already incurred costs will be submitted at the client or his insurance company.
- 9.4 When the care is cancelled during the maternity care, the number of hours on which is agreed on in the care agreement, will be charged completely.
10 Complaints procedure
- 10.1 The DKA Complaints Procedure applies to the handling of customer complaints. This can be seen on DKA´s website www.dekleineamsterdammer.nl.
- 10.2 For filing a complaint, the client needs to fill out the complaints form, which can be downloaded from the before mentioned website. Complaints must be filed as soon as possible, at the latest 48 hours after care termination.
- 10.3 After receiving the complaint, the client will be answered within 2 working days. Unless otherwise communicated by DKA within 4 weeks, a complaint will be handled within 4 weeks after filing the complaint.
- 10.4 Should the complaint not have been solved to the satisfaction of the client, the client can file a complaint at the Complaint Committee of BTN. This Committee is chaired by an independent chairman.
11 Damage and liability
- 11.1 If damage is caused by a fault or negligence of the maternity nurse, DKA can be held liable by the client. Any liability of DKA is limited to the amount for which the insurance company pays out in such cases. Any further liability of DKA will be excluded explicitly, to the extent permitted by court.
- 11.2 In case of material damage, the client must report this in writing to DKA at the latest 48 hours after discovery of the damage. For all damages a deductible applies of € 50,00 for the client.
- 11.3 The liability for consequential damages is excluded explicitly, unless this is being covered by insurance.
- 11.4 DKA does not accept liability in case of loss or theft of keys which have been handed to the maternity nurse.
12 Applicable law
- 12.1 The Dutch law is explicitly applicable to all DKA offers, care agreements, transactions and the carrying-out of activities.
13 Final provision
- 13.1 In all cases in which these general delivery and payment conditions are not providing, the decision rests solely with DKA.