General conditions

Purpose
Florine Coöperatief U.A. (“Florine”) is a cooperative association whose purpose is to provide services with regard to the coordination of individual questions with respect to care on behalf of persons who have joined through registration (“Florine Family members”), as well as the realisation of multidisciplinary cooperation between organisations that are active in the welfare and healthcare sector.

Scope
These general conditions apply to all services that are provided to Florine Family members. Florine can also call upon these general conditions with respect to persons who are engaged in the services and/or otherwise involved.

Description of activities
Florine will endeavour to make every effort to meet the individual healthcare needs of Florine Family members, doing so with due care. The actual provision of healthcare is strictly the responsibility of the related care providers, and medical treatment agreements and comparable agreements are strictly concluded between the care provider in question and the members of the Florine Family.

Florine Family members
Persons who wish to join the Florine Family must register in the manner identified by Florine and pay the related annual or other periodic contribution. Florine reserves the right to refuse applications, subject to restitution of any contribution already paid. Florine also reserves the right to terminate its relationship with a Florine Family member if, in the opinion of Florine, it is not sufficiently able to meet the needs of such Florine Family member. In such a situation Florine will reimburse a prorated portion of the contribution paid for the current period. In that case Florine will make every effort to direct the Florine Family member to possible alternatives.

Grant of assignments
Assignments issued to persons who work for Florine are regarded to have been issued strictly to Florine, also when it is intended that an assignment be carried out by a specific person. Exceptions to this are situations that fall under Article 7:404 of the Dutch Civil Code, which contains a varying regulation, and Article 7:407, subsection 2 of the Code, which establishes joint and several liability for situations where an assignment is issued to two or more persons.

Liability
Should an event (including an omission) occur that results in liability on the part of Florine, such liability will be restricted to the amount that is covered under the liability insurance taken out by Florine, plus the amount of the excess payable by Florine for this event under the insurance contract. Should Florine for whatever reason not be able to claim cover under the insurance contract referred to here, then the liability of Florine will be limited to the amount that Florine has charged for membership of the Florine Family.

Indemnification
The Florine Family member shall indemnify Florine against all claims by third parties, including the costs of legal representation, that relate in any manner to the activities performed on behalf of such Florine Family member, unless the claims relate to deliberate intent or gross negligence on the part of Florine.

Complaints procedure
Any complaint by a Florine Family member in connection with a service that has been performed by Florine must be submitted to the Board of Florine within fourteen days after it arose. The Board of Florine shall then, within fourteen days, present a proposal for solution of the complaint to the related Florine Family member. A complaint does not suspend the obligation of payment on the part of the related Florine Family member.

Complaints that arise from the relation between the Florine Family member and a care provider must be dealt with in accordance with the complaints procedures or disciplinary regulations that apply.

Protection of privacy
Florine records, administers and processes data of Florine Family members in such a way that the privacy of the Florine Family members is ensured. Florine will only use personal data and information of Florine Family members for the performance of its services. Florine only provides information to third parties if this is necessary for the performance of its services or if required by law.

Florine undertakes to comply with the Data Protection Act. Upon request thereto by a Florine Family member, the related personal data shall be immediately deleted.

Dutch text
The Dutch text of these general conditions is binding in case of dispute regarding the content or intent of these conditions in translation.

Applicable law
The legal relation between the affiliated person and Florine is strictly subject to Dutch law. Any dispute that arises between the affiliated person and Florine will be settled by the Amsterdam District Court, which has sole jurisdiction.