Terms & Conditions
1. Applicability
EMDR Algarve is part of Living ACT LLC, located at 400 RELLA BLVD STE 207-298, MONTEBELLO NY 10901.
a. These terms and conditions apply to and form part of all current and future offers, agreements, and other legally binding actions involving EMDR Algarve and its owner(s)/director(s), hereafter referred to as EMDR Algarve. This also includes any resulting consequences.
b. Deviations from these terms and conditions are only valid if expressly agreed upon in writing between the parties. Such deviations cannot be invoked for future agreements by the client.
c. Other general terms and conditions, including those of the patient/client, regardless of how they are mentioned or referenced, do not apply to the legal relationship between the parties and are hereby preemptively rejected.
2. Definitions
In this agreement, the following definitions apply:
a. Care Provider: The therapist (natural or legal person) affiliated with one or more recognized professional organizations, referred to as EMDR Algarve.
b. Parties: Care Provider and patient/client (also referred to as the counterparty).
c. Wkkgz: The Healthcare Quality, Complaints, and Disputes Act (Wet kwaliteit klachten en geschillen zorg).
3. Duration of Agreement and Termination
a. Unless otherwise specified in the agreement, it is valid for the duration of a treatment or treatment series.
b. Either party, without prejudice to their right to claim costs, damages, and interest, may terminate the agreement immediately via registered mail if:
- The other party fails to meet one or more obligations and remains in breach after being granted a term for compliance by registered mail unless the breach is minor and does not justify termination.
- Bankruptcy or suspension of payment is filed or granted for the other party, or measures indicating cessation of the business are taken.
c. The patient/client has no right to offset any claims they may have against the care provider with claims the care provider has against them. The care provider reserves the right to offset any claims.
4. Cancellation
a. Appointments under an agreement must be cancelled at least 48 hours before the scheduled time.
b. Cancellation terms:
- 48+ hours: No charges.
- 24-48 hours: 50% of the appointment fee.
- <24 hours: 100% of the appointment fee.
- If an appointment is rescheduled at the client’s request more than 48 hours before, no charges apply.
Rescheduling within 48 hours incurs 50%, and within 24 hours, the full fee. - Failure to cancel or late cancellations will result in the care provider charging the full service cost, including any expenses incurred.c].
c. The care provider reserves the right to reasonably amend a scheduled appointment.
6. Confidentiality, Record Management, and Access Rights
a. The care provider will treat all information concerning the patient/client obtained during service delivery as confidential and will not disclose it to third parties unless legally required or with the client’s consent.
b. Employees or third parties involved in service delivery will also be bound by confidentiality obligations.
c. Treatment reports will be provided to the patient/client upon request.
7. Force Majeure
If the care provider cannot fulfill obligations due to unforeseen circumstances beyond their control, such as internal disruptions, illness of personnel, etc., obligations are suspended until fulfillment becomes possible.
8. Billing and Payment
a. Prices are in euros. EMDR Algarve is exempt from VAT.
b. Services for private patients/clients must be paid directly after service delivery upon receiving an invoice.
c. For non-private patients/clients, services will be invoiced according to agreements.
d. Billing is based on the agreed rates and activities at the start of the service.
e. Payments must be made within 14 days of the invoice date, without deductions or offsets, unless otherwise agreed in writing.
f. The care provider may adjust prices annually or in response to cost increases.
g. Late payments may result in service suspension and the application of statutory interest and collection fees.
9. Liability
a. The care provider delivers services with a best-effort obligation.
b. The care provider offers no medical guarantees and is not liable for complications unless due to gross negligence.
c. Liability is limited to the cost of a treatment or the amount covered by liability insurance.
10. Governing Law and Disputes
a. Dutch law applies to the care provider’s services.
b. Disputes will be resolved exclusively by the competent court.
c. The care provider is registered as a therapist with CAT (Collective Alternative Therapists) under registration number 87612022-11-02.
d. This registration ensures compliance with the Quality, Complaints, and Disputes Act (Wkkgz).
e. Additionally, the care provider is registered with the GAT Disputes Committee (Disputes Committee for Alternative Therapists).
f. In the event of a conflict between the care provider and the client that cannot be resolved together, the client may contact this disputes committee for further resolution.
11. Miscellaneous
a. If any terms are declared invalid, the remaining terms remain enforceable.