Terms and Conditions

Article 1: Definitions

For the purposes of these terms and conditions, the following definitions apply:

, Equine Guide (Guide and Medicinal Work), who earned her certification at Be Stable Michelle Bannink, and Myofascial Equine Therapist, who earned her certification at Centrum Dry-Needling – Andrea Schachinger

Horse: A horse brought to the practitioner by the client for consultation or treatment

Client
: The owner or keeper/provider of a horse to whom the practitioner provides advice, or their legal representatives

Consultation A consultation between the practitioner and the client, resulting in a treatment recommendation for the horse. The recommendation is based on information provided by the client and the practitioner’s own observations and/or examination.

Treatment: Performing a muscle examination on the horse, as well as providing a full massage treatment for the horse, including offering advice to the client or the horse during a consultation

Treatment Agreement An agreement based on the principle of a best-efforts obligation, whereby the client requests advice and/or treatment and the practitioner fulfills this request, or the practitioner offers to begin treatment and the client has indicated in any manner that they accept or will accept this offer.

Article 2: General Provisions

These terms and conditions apply to all offers, quotations, and agreements regarding the treatment of horses, unless otherwise expressly agreed in writing in advance.
These terms and conditions also apply to all agreements with the service provider that require the involvement of third parties for their performance. Any terms and conditions of the customer and/or third parties, whether filed or not, do not apply.
If one or more of the provisions in these general terms and conditions are invalid or are set aside, the practitioner and the client shall consult with each other to agree on new provisions to replace the invalid or set-aside provisions, which shall, as far as possible, be consistent with the purpose and intent of the original provision.

Article 3: Agreement for Treatment

A treatment agreement is formed and becomes legally binding as soon as the client’s offer to the practitioner to treat the horse is followed by the practitioner’s acceptance of the treatment. The offer to treat the horse may be made verbally, by phone, by email, and/or in person.
Acceptance is deemed to have occurred as soon as the practitioner begins the consultation or treatment, or has set a date and/or time for the consultation or treatment, or has agreed to conduct the consultation or treatment at a time to be determined at a later date.
A legally valid and binding agreement is also deemed to exist as soon as the client has requested the provision of goods or services other than a consultation or treatment, and the practitioner has agreed to fulfill this request.
The practitioner has the right to refuse to enter into a treatment agreement regarding a horse brought in for treatment and/or the provision of certain goods and/or services, and/or to accept such an agreement only under certain conditions, if the practitioner believes that treating the horse has no, or at least an insufficient, chance of success, or if the practitioner believes that further treatment is not in the horse’s best interest or is pointless.`
In exceptional cases, the practitioner may make acceptance contingent upon the payment of a security deposit determined by the practitioner, for example, in the form of a down payment covering part of the treatment costs to be incurred by the practitioner, or may require advance payment of the costs to be incurred.
In cases to be determined by the practitioner, the practitioner may require the client to sign a consent form in advance for the treatment to be performed and the associated costs and risks. The practitioner is entitled at all times to request the presentation of valid identification when the client signs this consent form.
The treatment agreement obligates the practitioner solely to provide a consultation and/or treatment while taking all relevant interests into account. However, the practitioner is not obligated to provide any specific treatment nor to deliver any predetermined and/or expected result.
The client’s wishes will be taken into account unless, in the practitioner’s judgment, they do not contribute to an optimal treatment outcome, or if such wishes disrupt the normal course of business at the practice, or if they violate legal regulations.
At the client’s express request, the consultation and/or treatment may be terminated early, provided the client has discussed this with the practitioner in advance. During this discussion, the practitioner will inform the client of the possible consequences of such termination.
If a treatment agreement is unilaterally canceled by the client, the client is obligated to reimburse all costs incurred up to that point, including but not limited to: all costs associated with the treatment that have already been reserved: time, spaces, any equipment, items, and/or costs already incurred by third parties on behalf of the client and/or the animal client, as well as items specially ordered for the treatment.
The practitioner may unilaterally terminate the treatment agreement (or its continuation) if:

the trust between the practitioner and the client has been so severely compromised that the practitioner no longer considers the situation to be workable;
the practitioner believes that it cannot reasonably be expected of him to continue treatment because there is no longer a reasonable chance of achieving the intended and/or desired result;
The customer will be notified of such a decision as soon as possible. The customer remains obligated to pay the treatment costs incurred up to that point.

Article 4: Consultation and Treatment

Following an initial consultation, the practitioner advises the client based on the information provided by the client and the practitioner’s own observations.
The practitioner will conduct the consultation and/or treatment to the best of their knowledge and ability.
If and to the extent that the proper conduct of the consultation and/or treatment so requires, the practitioner has the right and the duty to refer the patient to a veterinarian or specialist.
The client shall ensure that all information which the practitioner indicates is necessary, or which the client should reasonably understand to be necessary for the consultation and/or treatment, is provided to the practitioner in a timely and accurate manner. If the information required for the consultation and/or treatment is not or cannot be provided to the practitioner in a timely and/or accurate manner, the practitioner has the right to suspend the consultation and/or treatment and to charge the client for the additional costs at the usual rates.
The practitioner is not liable for any damages if and to the extent that such damages result from incorrect and/or incomplete information provided by the client, unless the practitioner should have been aware of such inaccuracy or incompleteness.
If it has been agreed that the consultation and/or treatment will be carried out in phases, the practitioner may suspend the implementation of those components that belong to a subsequent phase until the client has provided feedback to the practitioner on the results of the preceding phase.

Article 5: Inability to Attend

If the client is unable to be present at the practice address at the agreed date and time (or is unable to receive the practitioner), they must notify the practitioner as soon as possible.
Any change or cancellation of an order, for whatever reason, requires the written consent of the practitioner in question.
If the client fails to notify the practitioner of their inability to attend, or does so less than 24 hours before the scheduled appointment time, the practitioner is entitled to charge the client the fee for that appointment.
For appointments scheduled on a day following a Sunday or on one or more recognized public holidays, the 24-hour period referred to in paragraph 2 of this article is deemed to begin at 6:00 p.m. on the last preceding regular business day. For a regular Monday, the period therefore begins at 6:00 p.m. on the preceding Friday.

Article 6: Pricing

The agreement requires the client to pay in accordance with the practitioner’s rates. Upon the client’s request, the rates will be sent to them prior to a consultation or treatment.
The rates listed include VAT and other applicable taxes.
Upon request, the customer may be provided with an estimate of the expected costs in advance. No rights may be derived from this estimate, as it is expressly intended to be merely an estimate.
Cost estimates must be signed by the practitioner and the client to confirm that they have been reviewed and approved. This is to prevent any future misunderstandings.
Cost estimates cover only the consultations, treatments, services, materials, and/or products specifically listed in this estimate. The costs of follow-up consultations, post-treatment care, and/or unexpected or unforeseeable complications are never included in an agreed-upon or estimated price and are always fully borne by the client. As soon as this becomes an issue, the client will be contacted immediately to make arrangements regarding this matter.
If wages and prices change, the service provider is entitled to adjust the agreed rate accordingly, unless otherwise agreed in writing in advance. This does not apply to a quote that has already been signed.

Article 7: Payment

Payment must be made in advance or immediately after a consultation, either by bank transfer to an account designated by the practitioner or in cash.
The other party is never permitted to claim any set-off or deduction. That right is expressly waived.
Any alternative payment arrangements are binding only if agreed upon in writing. If a different payment method is used, payment must be made by the date specified on the invoice. In the event of a payment plan, the additional costs determined by the practitioner will be charged to the client.
The customer is automatically in default upon the expiration of the payment term, without any demand for payment or notice of default.
If the invoice remains unpaid in whole or in part after the aforementioned payment deadline, the customer shall owe the service provider late payment interest at the then-applicable statutory rate.
In the event of out-of-court collection, the customer is liable for the principal amount, interest, and the standard collection fees.
In the event of legal collection proceedings, including a petition for bankruptcy, the other party shall remain liable for interest and extrajudicial costs in addition to legal costs, including attorneys’ fees.
The service provider is entitled to request an advance payment in the amount of the full contract price.
Payment by an insurer or a third party shall be deemed a discharge of liability to the extent that the amount of such payment corresponds to the amount of the claim against the customer.

Article 8: Non-payment and Collection

If payment has not been received by the service provider within fourteen days of the invoice date, the customer is deemed to be in default by operation of law. In this case, the customer is obligated to pay the statutory monthly interest in addition to the amount due. Interest on the amount due will be calculated from the moment the customer is in default until the full amount is paid. In addition, the customer is liable for an administrative fee of €7.50 per reminder. In the event of the customer’s liquidation, bankruptcy, seizure, or suspension of payments, the practitioner’s claims against the customer become immediately due and payable.
If, despite reminders, the customer fails to pay the amount due plus interest and administrative fees, all reasonable costs incurred in obtaining payment out of court shall also be borne by the customer. In any event, the customer shall be liable for collection costs. Collection costs are calculated in accordance with the collection rate recommended by the Netherlands Bar Association for collection cases. Any reasonable legal and enforcement costs incurred shall also be borne by the customer.

Article 9: Determination of Liability

The practitioner’s books and records shall be decisive in determining what is owed to the practitioner by or in connection with the horse, unless there is evidence to the contrary.
Objections to the amount of the treatment fee do not suspend the obligation to pay.

Article 10: Liability

The practitioner disclaims any liability for any breach of contract, unless such breach is the result of willful misconduct or gross negligence on the part of the practitioner. Willful misconduct or gross negligence is deemed to exist only if the client has been able to demonstrate this.
If the practitioner is liable in any way, such liability shall at all times be limited to the amount stated on the invoice or the amount to which the practitioner is entitled under his or her insurance policy. Upon request, the client will be provided with a copy of the relevant insurance policy free of charge.
Compensation for indirect damages is excluded under all circumstances. Indirect damages include, but are not limited to: consequential damages, lost profits, lost savings, and damages resulting from business interruption.

Article 11: Force Majeure

The service provider and the client are not required to fulfill any obligation if they are prevented from doing so due to circumstances beyond their control, and for which they are not liable under the law, a legal act, or generally accepted commercial practices.
For the purposes of these general terms and conditions, “force majeure” means, in addition to what is understood by that term in law and case law, all external causes, whether foreseeable or unforeseeable, over which the practitioner has no control, but which prevent the practitioner from fulfilling their obligations.
The practitioner also has the right to invoke force majeure if the circumstance preventing (further) performance occurs after the practitioner was required to fulfill their obligations.
The parties may suspend their obligations under the agreement for the duration of the force majeure event. If this period exceeds two months, either party is entitled to terminate the agreement without being liable to compensate the other party for any damages.
To the extent that, at the time the force majeure event occurs, the practitioner has already partially fulfilled his obligations under the agreement or will be able to fulfill them, and the fulfilled or to-be-fulfilled portion has independent value, the practitioner is entitled to bill the client separately for the portion already fulfilled or to be fulfilled. The client is obligated to pay this invoice as if it were a separate agreement.

Article 12: Confidentiality

Both parties are obligated to maintain the confidentiality of all confidential information they have received from each other or from other sources in connection with this agreement. Information is considered confidential if the other party has designated it as such or if this is apparent from the nature of the information.
If, pursuant to a statutory provision or a court ruling, the practitioner is required to disclose confidential information to third parties designated by law or by the competent court, and the practitioner cannot invoke a right of non-disclosure recognized or permitted by law or by the competent court in this regard, then the practitioner shall not be liable for damages or compensation, and the client shall not be entitled to terminate the agreement on the grounds of any damage arising therefrom.

Article 13: Ownership

Notwithstanding the other provisions of these general terms and conditions, the practitioner reserves the rights and powers granted to him under the Copyright Act.
All information, knowledge, advice, images, brochures, techniques, and/or ideas gathered and developed for, and/or used in connection with, the preparation of a quotation, agreement, consultation, or delivery following the completion of the assignment remain the intellectual property of the service provider. The service provider is entitled at all times to freely dispose of this information.
All tools, original copies, (horse) client records, and all other documents and/or data storage media used by the practitioner for the consultation, treatment, and/or provision of other services and items relating to the horse remain the property of the practitioner at all times.
Upon request, the customer may obtain copies of the items referred to in paragraph 2 of this article for a fee covering the cost.
The materials referred to in paragraph 2 of this article are intended solely for use by the practitioner and the client and may not be reproduced, disclosed, or made available to third parties by the client without the practitioner’s prior consent, unless the nature of the materials provided dictates otherwise.
The service provider reserves the right to use the knowledge gained through the performance of the agreement for other purposes, provided that no confidential information is disclosed to third parties in the process.

Article 14: Complaints Procedure

The client is required to inspect the consultation, treatment, goods supplied, and/or other services arising from the treatment agreement provided by the practitioner immediately upon receipt or completion to check for any immediately apparent defects and/or shortcomings.
The client must verbally notify the practitioner of any complaints regarding the services performed by the practitioner as referred to in paragraph 1 of this article within 7 days after the defect and/or deficiency became known to the client or could have become known to the client, and must then follow up with a written confirmation of the complaint no later than 7 days after the client has verbally notified the practitioner of the complaint. If either of these deadlines is exceeded, any claim against the practitioner regarding a defect or imperfection shall lapse.
If the practitioner considers the complaint referred to in paragraph 3 of this article to be valid, the practitioner has the right at all times—and the client must afford the practitioner the opportunity to do so—to:
1. to perform the service properly within a reasonable period of time, if this is still reasonably possible;
2. to remedy the defect or deficiency, or to provide a product or service free of such defect or deficiency, if this is still reasonably possible;
3. to credit the amount owed by the customer upon return of the item with that defect or imperfection;

at the discretion of the treating physician.

Article 15: Dispute Resolution

All (treatment) agreements between the practitioner and the client are governed exclusively by Dutch law.
If a dispute falls within the court’s statutory jurisdiction, the court of the district in which the practitioner is established shall have exclusive jurisdiction to hear the dispute, without prejudice to the practitioner’s right to bring the dispute before the court with jurisdiction under the law.
The parties will only bring the matter before a court after they have made every effort to resolve the dispute through mutual agreement.

Article 16: Filing

These terms and conditions have been filed with the Chamber of Commerce. The most recently filed version, as it applies at the time the agreement is entered into, shall always apply.

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