General Terms and Conditions
GENERAL TERMS AND CONDITIONS BEHAVIOUR THERAPY FOR CATS
Article 1: DEFINITIONS:
1.1. Assignment: an agreement to commission in the sense of Article 7.400 et seq. of the Dutch Civil Code, whereby the cat behaviourist undertakes vis-à-vis the client to provide behavioural therapy for the client’s cat(s).
1.2. Behavioural therapy treatment: anamnesis, making a behavioural assessment, setting up a treatment plan and supervising this as broadly as possible and advising and/or informing the client about the treatment plan to be carried out.
1.3. Cat behaviourist: the person who, per request of the client, initiates behavioural therapy for his or her cats.
1.4. Client: owner of the cat or its legal representative, who hires the cat behaviourist and thereby orders the treatment of the undesired behaviour of his/her cat.
1.5. Contract period: the agreed duration of the assignment.
Article 2: APPLICABILITY:
2.1. These general terms and conditions of delivery apply to all assignments given by the client and accepted by the cat behaviourist, in accordance with Article 2, paragraph 2.
2.2. An agreement for services is confirmed when parties make an oral or written appointment for behavioural therapy.
2.3. Any deviations from these General Terms and Conditions shall only be valid if expressly agreed in writing.
2.4. By making an appointment, the client agrees to these general terms and conditions. The general terms and conditions will be made available in advance.
Article 3: TERMS AND CONDITIONS:
3.1. The cat behaviourist maintains his/her capacities, expertise and knowledge to carry out the assignment.
3.2. The client should, to the best of his abilities, follow the instructions of the cat behaviourist.
3.3. The client will, to the best of his abilities, during the behavioural therapy treatment make use of the tools proposed by the cat behaviourist for the safety of the client, cat behaviourist and environment.
3.4. Promises, in whatever sense, made by the cat behaviourist are, if not confirmed in writing, are deemed not to have been made.
3.5. Cats undergoing behavioural therapy treatment are expected to be vaccinated against communicable diseases by means of regular vaccinations through a veterinarian. These animals must also be free of parasites, etc.
3.6. The cat behaviourist assumes that the client is telling the truth about the health status of the cat(s) and assumes that the client is not withholding information about the condition of the cat(s).
3.7. The cat behaviourist has the right to refuse an assignment or to accept it only under certain conditions to be specified.
Article 4: CONTRACT PERIOD:
4.1. The contract period for a behavioural therapy treatment consists of a telephone consultation or 1 consultation at the client’s home and during 3 months thereafter 1 or 2 times telephone and/or written consultation for the problem behaviour and the original request for help from the client to the cat behaviourist.
4.2. The contract ends upon expiry of the contract period without notice of termination being required by either party.
4.3. Extension of the contract period is possible by both parties agreeing and making a follow-up appointment as described in Article 2.
4.4. Extending the contract period results in an additional fee to be payable, which will be determined and communicated by the cat behaviourist prior to the extension.
4.5. After agreement by both parties, interim termination in accordance with Article 6 is possible. The cat behaviourist shall never be obliged to compensate the client for damage that is or could be the result of said termination.
Article 5: RATES AND PAYMENT:
5.1. By giving the order for a behavioural therapy treatment, the cat behaviourist is entitled, by providing services, to a fee, the rate of which will be determined when the order is given.
5.2. The fee rates are VAT-free and can be found on the website.
5.3. The commission contract, as described in Article 2, always leads to the obligation to pay.
5.4. 50% of the fee is payable no later than the day before the scheduled consultation, and the other 50% is payable within 7 days of receipt of the therapy plan.
5.5. Partial payments of the remuneration for behavioural therapy treatment or payment at a later date are only possible after written approval by the cat behaviourist.
5.6. If the customer unilaterally cancels an appointment made, the payment obligation shall remain in force.
5.7. If the customer cancels after receiving the questionnaire and agreement, an administration fee of 12.50 euros will be charged.
5.8. If the client cancels the appointment within 48 hours prior to the appointment, a charge of 45- euro will be made.
5.9. If the client cancels the appointment made because of illness or death of the cat or force majeure, any costs paid in advance will be refunded after deduction of 12.50 euro for administration and preparation costs.
5.10. If the cat behaviourist is forced to cancel an appointment, she will try to inform the client in time by telephone. No rights can be derived from not receiving notice of cancellation.
5.11. All costs, both judicial and extrajudicial, that the cat behaviourist must incur to preserve his/her rights with regard to the collection of amounts owed by the client will be borne by the client.
Article 6: INTERMEDIATE TERMINATION:
6.1. Interim termination is possible after agreement between the parties
6.2. The parties may in any case terminate the agreement with immediate effect without giving reasons if:
a. The other party is declared bankrupt;
b. The other party is (temporarily) under administration;
c. The other party is sentenced to a term of imprisonment (conditional or otherwise) for a criminal offence;
d. The other party acts illegally.
6.3. The agreement may furthermore be terminated prematurely by
a. A unilateral decision by the cat behaviourist, if the cat behaviourist is of the opinion that she cannot reasonably be required to continue the treatment because there is no reasonable chance (anymore) of an intended and/or desired result;
b. A unilateral decision by the cat behaviourist if the trust between the cat behaviourist and the client has been seriously disrupted.
6.4. If the agreement is terminated prematurely on the unilateral request of the cat behaviourist, the cat behaviourist will, prior to doing so, inform the client and explain her motivation to the client, unless this is not possible or not possible in time.
6.5. If the agreement is terminated prematurely, the agreed fee will be charged to the client in proportion to the work already done, unless the work is indivisible. This is at the discretion of the cat behaviourist.
Article 7: LIABILITY
7.1. The cat behaviourist undertakes a best efforts obligation towards the client. The cat behaviourist will do her utmost in all reasonableness to achieve the desired result in the behavioural therapy treatment.
7.2. The cat behaviourist cannot be held liable for any lack of results desired by the client. If the desired result is not achieved, the payment obligation remains in force.
7.3. The cat behaviourist is not liable for diseases and/or (alleged) defects, mental or physical, which the animal may contract during or as a result of the behavioural therapy treatment.
7.4. Participation by the client in behavioural therapy is at his/her own risk and responsibility. The client remains at all times responsible for the behaviour of his/her cat(s).
7.5. Clients are expected to have a third-party liability insurance (WAP), which is also valid for his/her animal.
Article 8: RIGHT OF OWNERSHIP:
8.1. The cat behaviourist reserves all intellectual property rights developed during the execution of the assignment with regard to methods, therapy and tools in the broadest sense.
8.2. All therapy plans, advice, guidelines, handouts and recommendations provided by the cat behaviourist are exclusively intended for use regarding the behavioural therapy treatment of the cat(s) concerned and may not be copied, made public or shared with third parties without the prior written consent of the cat behaviourist.
Article 9: DISPUTES AND COMPLAINTS:
9.1. Any complaints must be made in writing within 7 days of receipt of the therapy plan.
9.2. If the cat behaviourist finds the complaint justified, she has the right at all times to:
a. Adjust the performance and implement it correctly
b. Refund the amount paid by the client
9.3. Should a dispute arise as a result of these General Terms and Conditions, the parties agree that they will make every effort to settle this dispute by mutual consultation.
9.4. Parties will only appeal to the court after they have made an utmost effort to settle a dispute in mutual consultation.
9.5. These disputes will then be submitted to the district court, under which the cat behaviourist resides.
Article 10: CONFIDENTIALITY AND PRIVACY
10.1. The cat behaviourist will regard all information provided to her as confidential insofar as this follows from the nature of the information.
10.2. The cat behaviourist will not use any video or photo material provided for other purposes than the behavioural therapy treatment without the client’s written consent.
10.3. The cat behaviourist reserves the right to consult with other experts in the field of animal behaviour, such as fellow behaviourists and veterinarians. In these consultations the privacy of the client will be guaranteed.
10.4. The cat behaviourist has the right to use collected data of the cat for statistical and/or scientific research and to include it in a publication, unless the client has objected to this in writing. If necessary, the cat behaviourist will notify the client in advance of the intention to use said data for research.
Article 11: PERSONAL DATA
Insofar as personal data is processed during the provision of services, this personal data will be processed in a proper and careful manner, in accordance with the Personal Data Protection Act and the General Data Protection Regulation.
Article 12: APPLICABLE LAW
All agreements to which these terms and conditions have been declared applicable shall be governed by Dutch law.