General Terms and Conditions

These general terms and conditions of Oogartsenpraktijk Brugge NV, with registered office at Maalse Steenweg 347, 8310 Brugge, Belgium, and company number BE 0894.294.468 (hereinafter “PRACTICE”), apply to all agreements concluded by PRACTICE, unless expressly agreed otherwise, and to the exclusion of the terms and conditions of the other contracting party, hereinafter referred to as the “Patient”. These general terms and conditions form an integral part of the agreements and may only be deviated from in writing.

These general terms and conditions do not prejudice the statutory (patient) rights of the Patient or any specific arrangements made with the Patient. Such rights and arrangements shall always prevail over any conflicting provisions in these terms. The remaining provisions shall remain fully applicable. The Patient understands and accepts that, in the case of urgent appointments and emergency interventions, PRACTICE may not always be able to provide these conditions in advance, and that in such cases the Patient implicitly accepts them.

Appointments and commitments made by other parties shall only be valid after confirmation by PRACTICE to the Patient. PRACTICE reserves the right to refuse appointments.

By visiting PRACTICE or making an appointment, the Patient acknowledges and accepts that they:
(i) have taken note of and accepted these general terms and conditions;
(ii) have been correctly informed of their rights and of PRACTICE’s fees;
(iii) are of legal age, legally competent, or authorized to make decisions for the beneficiary/patient;
(iv) guarantee payment.

The inability of PRACTICE to confirm an appointment in writing (e.g. due to an incorrect email address, ICT failure, emergency intervention, etc.) shall not entitle the Patient to free cancellation or compensation.

PRACTICE may refuse services and appointments if:
(i) PRACTICE does not receive sufficient information or cooperation to work correctly, efficiently, and safely;
(ii) PRACTICE would be unable to comply with deontological and/or ethical standards;
(iii) disciplinary proceedings are pending;
(iv) PRACTICE cannot guarantee the Patient’s legal rights or compliance with its contractual obligations for any reason whatsoever;
(v) force majeure situations occur beyond PRACTICE’s reasonable control;
(vi) the Patient is absent for a prolonged period, hospitalized, or deceased;
(vii) the Patient fails to comply with payment obligations;
(viii) the Patient fails to respect non-discrimination and welfare rules towards PRACTICE staff and other persons present.

In the event of early termination of the agreement:
(i) PRACTICE may charge for services or goods already provided, as well as related costs considered indivisible;
(ii) both parties waive any right to compensation.

The Patient must book a separate appointment for each patient/consultation, unless PRACTICE expressly agrees otherwise. Appointments may be cancelled free of charge up to 24 hours before the appointment. After that deadline (or in the event of a no-show), PRACTICE shall charge a cancellation fee ranging from a minimum of EUR 25 up to the full consultation fee. PRACTICE may refuse new appointments if the Patient repeatedly cancels or fails to attend.

In accordance with Article VI.83, 17° of the Belgian Code of Economic Law, the Patient, acting as a consumer, is entitled to equivalent compensation if PRACTICE fails to comply with its contractual obligations relating to the cancellation of an appointment as referred to above. In such cases, the amounts specified in these terms shall apply equally to both parties.

The Patient shall always inform PRACTICE if they are unable to attend at the scheduled appointment time. PRACTICE will make every reasonable effort to adjust its schedule subject to availability. In the event of delays exceeding 15 minutes after the scheduled start time, PRACTICE may proportionally shorten the consultation time without any discount or refund.

PRACTICE may accept or refuse home visits at its sole discretion and may charge additional travel expenses.

PRACTICE may involve assistants, interns, and healthcare professionals in training in its services. They shall always work under the supervision and responsibility of a qualified physician. Medical procedures shall always be carried out by licensed doctors.

Medication may only be used by the Patient in accordance with the instructions of the prescribing physician and may under no circumstances be traded, transferred, altered, or administered to persons other than the one for whom it was prescribed.

Patients are entitled to:
(i) quality healthcare;
(ii) free choice of healthcare provider;
(iii) information;
(iv) privacy and confidentiality;
(v) access to and correction of their medical records.

The healthcare providers of PRACTICE have the duty to:
(i) clearly inform the Patient about the nature of the treatment, the expected results, and possible risks, after which the Patient has the right to request additional information and to accept or refuse treatment;
(ii) contact emergency services in the event of suspected acute or life-threatening situations, which may entail additional costs for the Patient;
(iii) notify the competent authorities in the event of suspected criminal offences.

The Patient has the duty to:
(i) provide sufficient cooperation and all relevant information (e.g. medical history, pregnancy, allergies, etc.) that may affect the content, results, or safety of treatments;
(ii) correctly follow the physician’s instructions;
(iii) respect the privacy and safety of PRACTICE staff and other persons present;
(iv) provide the necessary cooperation to PRACTICE if it is subjected to an inspection (e.g. by the National Institute for Health and Disability Insurance – RIZIV/INAMI).

PRACTICE undertakes only an obligation of best efforts. Its liability shall in all cases be limited to the coverage provided by its insurance policies. Furthermore, PRACTICE shall never be liable for any indirect damages. This dual limitation of liability shall not apply in cases of fraud or wilful misconduct. In addition, the Patient waives all non-contractual claims against PRACTICE and its auxiliary persons, except:

• in cases of fraud;
• in cases involving harm to physical or psychological integrity or faults committed with the intention to cause damage.

In addition to professional fees, costs may arise that are not reimbursed (e.g. small materials used during the consultation, certain medication, laboratory tests, administrative costs, etc.). Costs borne by the health insurance fund shall, where possible, be settled directly through the third-party payer system. The Patient shall then only pay the personal contribution (“co-payment”).

PRACTICE shall not be liable for whether reimbursement is granted or for the amount thereof, nor for any consequences resulting from incorrect or late submissions or from certificates and prescriptions that are no longer valid. Delay or refusal of reimbursement by third parties shall not entitle the Patient to postpone payment of PRACTICE invoices.

For occupational accidents, the Patient’s insurance company may bear the costs of examinations and treatment. The Patient shall pay the full fee to PRACTICE and arrange reimbursement directly with their insurance company.

For school accidents, the health insurance fund intervenes first. The Patient may subsequently recover the co-payment from the school’s insurance policy.

The Patient shall pay after the consultation in cash or via Bancontact (or Payconiq), unless PRACTICE expressly agrees otherwise (e.g. payment by invoice), in which case the due date shall be stated on the document.

The Patient shall pay before the start of the procedure/surgery via Bancontact (or Payconiq) or bank transfer, with the payment deadline being two days before the scheduled procedure/surgery. PRACTICE may request signed payment undertakings and obtain information from relevant institutions such as health insurance funds.

The person making the appointment or presenting themselves personally shall guarantee payment.

If the Patient is entitled to a refund, PRACTICE shall process it as soon as possible using the same payment method as the original transaction, unless this proves impossible and/or the Patient requests another payment method. No interest, transaction fees, or administrative costs shall apply to refunds.

In the event of non-payment by the due date, the Patient shall receive a reminder requesting payment within 14 calendar days, by letter or email. The 14-day period shall commence on the third day after dispatch of the reminder, or one day after dispatch if the reminder is sent electronically. Reminder costs amount to EUR 7.50 plus postage costs.

If payment is not made within 14 calendar days, the Patient shall owe default interest equal to the interest referred to in Article 5, paragraph 2, of the Belgian Act of 2 August 2002 on combating late payment in commercial transactions. Default interest shall accrue from the calendar day following the day on which the first reminder was sent to the Patient. In addition, the Patient shall owe a fixed compensation amount equal to:

• EUR 20 if the outstanding balance is less than or equal to EUR 150;
• EUR 30 plus 10% of the amount due on the portion between EUR 150.01 and EUR 500 if the outstanding balance is between EUR 150.01 and EUR 500;
• EUR 65 plus 5% of the amount due on the portion exceeding EUR 500, with a maximum of EUR 2,000 if the outstanding balance exceeds EUR 500.

Any provision contrary to Book XIX of the Belgian Code of Economic Law (“Consumer Debts”) shall not render the clause null and void but shall instead be interpreted in accordance with the provisions of that Book XIX.

If, in the performance of the agreement, personal data of employees or representatives of PRACTICE are communicated (name, contact details, position), the Patient undertakes to process such data solely in accordance with the Belgian Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. The Patient further undertakes to strictly comply with the General Data Protection Regulation in relation to the persons whose personal data are provided to PRACTICE. PRACTICE processes personal data in accordance with its privacy statement, available on its website.

All information from third parties or institutions shared by PRACTICE is purely informative. PRACTICE is not responsible for its content. All documents, texts, and images created by PRACTICE remain its property. The Patient may not copy or distribute them without the explicit permission of PRACTICE.

Should any provision of these general terms and conditions be null, contradictory, or unlawful, such provision shall be interpreted as a valid provision that most closely reflects the intended purpose. The remaining provisions shall remain fully applicable.

Any complaints must be submitted by the Patient in writing within 14 days, granting PRACTICE a reasonable period to propose appropriate remedial or compensatory measures. PRACTICE shall acknowledge receipt of the complaint within 30 days and shall thereafter handle it as quickly and effectively as possible.

Although PRACTICE prefers to handle complaints directly and amicably, the Patient remains free to submit complaints to the Federal Ombudsman Service “Patients’ Rights” of the Belgian Federal Public Service Health.

PRACTICE may amend these general terms and conditions, its services, and its rates at any time. Minor or mandatory legal changes (e.g. linguistic and/or fiscal changes) shall apply immediately. In the event of substantial changes, a 30-day objection period shall apply following notification.

In the event of a dispute, Belgian law shall apply and the dispute shall be brought, at the claimant’s discretion, before the court of:
(i) the defendant’s domicile;
(ii) the place where the obligations giving rise to the dispute arose or are to be performed; or
(iii) the place where the bailiff personally served the defendant, if the latter has no domicile in Belgium or abroad.

However, if the Patient is not considered a consumer within the meaning of Article I.1.2° of the Belgian Code of Economic Law or Article 1649bis §2, 1° of the Belgian Civil Code, all disputes shall fall under the exclusive jurisdiction of the courts of the place where PRACTICE has its registered office.