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Terms and conditions

  1. General


For the purposes of these terms and conditions, the Contractor is understood to mean Pcrtestnu established in Katwijk (hereinafter referred to as Pcrtestnu), and also employees designated by it who are (partly) involved in the execution of the assignment, insofar as they act in the performance of their profession. or company.


For the purposes of these terms and conditions, the Client is understood to mean: every company, every institution and every person who wishes to conclude an agreement with the Contractor, as well as its representative(s), authorized representative(s) and legal successors under universal title.


These terms and conditions apply to all agreements with the contractor, the offer thereto and/or the acceptance thereof. Deviations from these terms and conditions only apply if they have been expressly agreed in writing. Any general terms and conditions of the Client do not bind the Contractor.


Pcrtestnu is entitled, in the event of a change of circumstances, to unilaterally adjust these General Terms and Conditions. The amended General Terms and Conditions will only come into effect on agreements after 14 days after written notification by Pcrtestnu to the Client of the amendment or the amended condition.


2 Conclusion of the agreement


Subject to the provisions of paragraph 2 below, an agreement is only concluded by written confirmation of the assignment by the Contractor. The order confirmation is deemed to represent the agreement correctly and completely, unless the Client has protested against this within two days of the date of the order confirmation.

For activities for which, due to their nature and scope, no quotation or order confirmation is sent, the invoice is also regarded as an order confirmation, which is also deemed to represent the agreement correctly and completely.

Changes to the agreement, deviations from these general terms and conditions, and further (oral) agreements or promises made by (the staff of) the Contractor will only be effective if these have been confirmed in writing by the Contractor; In doing so, the Contractor will also state any increase or decrease in the costs and/or fee to be charged to the Client, as a result of which such a change gives rise.


3 Offers


All quotations and offers made by the Contractor are without obligation and revocable. The offers stated in the quotation are valid until two months after the date, unless a different acceptance period is expressly stated in the quotation.

All price lists, brochures and other information provided with an offer are stated as accurately as possible. These are not binding, unless expressly confirmed in a written order. With regard to the (intellectual) property of the materials and/or data offered, displayed and/or demonstrated in the context of an offer, all rights are expressly reserved.

Sending offers or other documentation does not oblige the Contractor to accept an order. The Contractor is entitled to refuse an assignment without stating reasons.


4 Projects


The projects agreed between the Client and Pcrtestnu are described in a Project Agreement.

The agreement, consisting of a project, ends upon completion of the project.

If the Client no longer takes any action for more than two months on which the progress in the project depends, Pcrtestnu will regard the project as finished and invoice the last installment. The moment Pcrtestnu establishes that the Client is not taking any action, it will inform the Client in writing of the intention to consider the project as terminated. Pcrtestnu sets the Client a reasonable term in which to take action as yet. If the Client does not respond, the invoice will be sent.

If no fixed price has been agreed, the hours spent will be charged to the Client on the basis of the hourly rate. In this case, Pcrtestnu will invoice the amount due per month in arrears.

Courses and project-based activities can only be postponed by the Client with due observance of a term of one month, failing which the full agreed fee is owed in full.


5 Security


Each agreement is entered into by the Contractor under the suspensive condition that the client – at the sole discretion of the Contractor – is sufficiently creditworthy for the fulfillment of its financial obligations under the agreement.

The Contractor is entitled, upon or after entering into the agreement, to demand security from the Client for the fulfillment of the payment obligations and the other contract obligations. The Contractor is entitled not to commence or suspend the performance or delivery until the required security has been provided by the Client.


6 Rights and obligations Pcrtestnu


Pcrtestnu will carry out its activities – with due observance of the requirements set and to be imposed by law – in accordance with the requirements of good workmanship and in accordance with the generally accepted state of the art and science. Pcrtestnu will make every effort to achieve the quality standards and performance indicators agreed in an agreement.

Depending on the nature of the work, Pcrtestnu will perform its work at its own location, at the home address of the insured or at the location of the Client, insofar as this has been agreed in writing.

If services are provided at the location of the Client, the Client will provide a suitable workspace for the employees of Pcrtestnu free of charge (consultation room, examination room including necessary facilities and internet and telephone connection) as well as working conditions that meet the requirements of art. 7:658 CC. Furthermore, the Client will indemnify Pcrtestnu against all claims based on or related to failure to comply with this duty of care.

If Pcrtestnu deems this necessary or desirable, it is entitled to make use of third parties for the execution of its obligations laid down in an agreement. Outsourcing will only take place while maintaining Pcrtestnu’s quality standards and without prejudice to Pcrtestnu’s liability for the fulfillment of the obligations under the agreement.


7 Duration, termination and dissolution


Written agreements, other than for projects, are entered into for a duration of at least 12 months, unless otherwise stipulated in the agreement.

After the expiry of the agreed period, the agreement is tacitly renewed for the same period, unless one of the parties has terminated. Termination takes place by registered letter with due observance of a notice period of 3 months before the end of the agreed period.

Interim dissolution is only possible in the cases explicitly mentioned below and must be done by registered letter:


3.1 If a party imputably fails to fulfill one or more of its obligations within a period set for compliance.

3.2 If a party is filed for bankruptcy, a moratorium is granted, or the party goes into liquidation.

In all these cases, all outstanding invoices become immediately due and payable.


Takeover, merger, spin-off or privatization of a party does not constitute a reason for premature termination of the agreement.

In the event of termination of the agreement, no refunds will be made for prepaid contributions unless otherwise stipulated in the agreement.


8 Contractor’s liability


Pcrtestnu’s liability for damage resulting from the services it provides is limited to a maximum of € 100 per event. In all cases, any liability of Pcrtestnu is limited to the amount that is paid out by Pcrtestnu’s insurers in the relevant case, or to the amount that Pcrtestnu can actually recover from third parties.

Pcrtestnu is not liable insofar as damage arises from the fact that the Client or an (former) employee of the Client has not properly followed advice provided by Pcrtestnu orally or in writing.

In the event of oral information and/or requests, Pcrtestnu is not liable for damage resulting from misunderstandings or incorrect information.

The Client indemnifies Pcrtestnu against claims from third parties, including the (former) employees of the Client.

Pcrtestnu is not liable for non-compliance, late or incomplete fulfillment of its obligations as a result of shortcomings that cannot be attributed to Pcrtestnu. In this case, a non-attributable shortcoming is understood to mean any circumstance that hinders compliance with the agreement and that should not reasonably be at the risk of Pcrtestnu.

In the event that Pcrtestnu takes over current cases of illness from a former service provider of the Client, Pcrtestnu is not liable for any damage caused by an act or omission with regard to these cases of illness, if this act or omission occurred in the period before takeover.

The client is obliged to take all measures necessary to limit the damage for which he wishes to hold Pcrtestnu liable If the parties agree on terms in a project agreement or during the execution of a project order within which the work must be performed, these terms are always indicative, unless otherwise agreed in writing. Exceeding such terms can never be regarded as a shortcoming on the part of the Contractor in the fulfillment of its obligations, and therefore never entitles the Client to claim compensation and/or dissolution of the agreement.

The Contractor is not liable for any damage other than that referred to above in the eighth paragraph. In particular, the liability for indirect and/or consequential damage, including loss of profit, business interruption costs, loss of relationships and loss of data, is excluded.

The Contractor’s liability for direct financial loss arising from the failure of the Contractor to fulfill its obligations, or its employees or assistants engaged by the Contractor, is limited to a maximum of an amount equal to the Contractor’s fee up to the time has charged the Client for the shortcoming.

Any claim of the Client against Pcrtestnu lapses if the Client has not submitted this liability in writing and with reasons to Pcrtestnu within 12 calendar months after he established or could reasonably have established the facts on which the liability is based. Pcrtestnu’s liability due to an attributable shortcoming only arises if the Client has given Pcrtestnu notice of default, whereby a reasonable term is set to remedy the shortcoming and Pcrtestnu fails to remedy the shortcoming within this term.


9 Responsibilities of client’s data traffic


The Client shall ensure that all data, which the Contractor needs for the proper execution of the assignment, in its opinion, are made available to the Contractor in the desired form and in a timely manner.

The Client is responsible for the correctness of the information provided to the Contractor and undertakes to indemnify the Contractor in this regard.


10 Legislative changes


In the event that changes in legislation and/or regulations otherwise imposed by the government will result in an adjustment of the service, the parties will conclude the agreement in mutual consultation as a result (if necessary with retroactive effect to the date on which the changes take effect). modify. In such a situation Pcrtestnu is entitled to charge any additional costs directly or indirectly resulting from the imposed changes to the Client.


11 Rates


All rates are exclusive of VAT and exclusive of other government levies. Any levies and/or taxes that fall on the agreement are for the account of the Client.


For agreements entered into for a period longer than 12 months, the rates and prices for the following calendar year are automatically indexed with the percentage by which the CBS index figure, of collectively agreed wages per hour including special remuneration, private sector sector, of the month of June of the current year has increased compared to the same figure of the month of June of the previous year. The results of these indexations are rounded off.


The Contractor can choose to tacitly extend the agreement three months before termination of the period agreed per agreement. Pcrtestnu is entitled to change the rates, services and/or conditions at the end of the period agreed per agreement. Pcrtestnu will notify Client in writing of any changes in services, rates (other than with the price index) and conditions no later than 30 days before the date for tacit renewal is reached. The Client is deemed to agree to the changes unless he has notified Pcrtestnu to the contrary within 30 days of notification.

The client is obliged, at the request of Pcrtestnu, to submit a statement from a chartered accountant regarding the number of employees. In the event of deviations found, the costs of the investigation will be borne by the Client.


If third parties are engaged after consultation with the Client, the costs of this will be charged to the Client.


12 Payment and collection costs


For payment, the Client will pay within 14 days of the invoice date, without any recourse to set-off, unless stipulated otherwise in the agreement.

When carrying out projects with an offer amount of more than €500 excluding VAT, 50% of the total amount to be charged (in advance) will be invoiced after approval of the offer by the Client. The remaining 50% will be invoiced after performance of the service.


If the payment term is exceeded, the Client is immediately in default without notice of default being required. This means that the obligation to provide services is suspended. The Client is subject to statutory interest on the outstanding amount.


All collection costs to be incurred by the Contractor to collect outstanding amounts, both extrajudicial and judicial (without prejudice to the liability of legal costs to be liquidated), are for the account of the Client. The extrajudicial costs amount to at least 12.5% ​​of the amount owed, including interest, with a minimum of € 300.


13 Cancellation private persons


If you have booked and paid for an online test appointment, we can only refund you money if you cancel by e-mail before the appointment takes place.


14 Warranty and Liability


4.1 Pcrtestnu is never obliged to pay compensation, in whatever form, to the customer or others, unless there is intent or gross negligence on the part of Pcrtestnu. Pcrtestnu is never liable for consequential or trading damage, indirect damage and loss of profit or turnover.


14.2 Pcrtestnu is not responsible for the rules regarding entry and any changes thereto between booking an appointment and purchasing the service. The customer must inform himself of this and notify changes in good time, but earlier than at the registration desk.


14.3 If Pcrtestnu is also obliged to compensate any damage, the compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.


14.4 Pcrtestnu is not liable for injury or damage otherwise that may arise during/when purchasing service. It is the responsibility of the customer to inform the doctor about (medical) conditions that may affect the administration of the test.


14.5 The customer is obliged to indemnify Pcrtestnu against any claim that third parties may assert against Pcrtestnu in connection with the execution of the agreement, insofar as the law does not preclude that the relevant damage and costs must be borne by the customer. .


14.6 It is possible that Pcrtestnu includes links on its internet site to other internet sites that may be interesting or informative for the visitor. Such links are for informational purposes only. Pcrtestnu is not responsible for the content of the referenced internet site or the use that may be made of it.


15 Force majeure


15.1 In case of force majeure, Pcrtestnu is not obliged to fulfill its obligations towards the customer. The obligation is suspended for the duration of the force majeure.


15.2 Force majeure is understood to mean any circumstance beyond its control, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented. These circumstances include strikes, fire, business failures, energy failures, non-delivery or late delivery by suppliers or other third parties engaged and the absence of any license to be obtained from the government. Force majeure also includes: malfunctions in a (telecommunications) network or connection or used communication systems and/or the website being unavailable at any time.


16 Non-acquisition personnel


During the agreement and for a period of 1 year after termination of the agreement, the Client is not permitted to engage employees of Pcrtestnu or third parties engaged by Pcrtestnu who are involved or have been involved in the performance of the work, either directly or indirectly, employ or negotiate with such persons other than with Pcrtestnu’s permission.


Per violation of article 13 paragraph 1, the Client owes Pcrtestnu an immediately due and payable penalty of one gross annual salary per employee involved, paid by Pcrtestnu immediately prior to the violation.


17 Privacy, Confidentiality and Confidentiality


The parties are obliged to provide each other with all reasonable cooperation in order to enable the other party to fulfill its obligations under the applicable privacy legislation. The Personal Data Protection Regulations, latest edition, apply to the services of Pcrtestnu, which regulations will be provided free of charge at the first request of the client.


The parties will treat all information, know-how, (patient) data or specifications related to the execution of this agreement and/or the company of the other party confidentially and will not disclose them to third parties, unless the party whose information originates has given written permission to do so. The same applies to the content of the agreement.


This confidentiality obligation does not apply to information that has become publicly known without a nondisclosure violation, or if information was already known to the recipient of the information at the time of receipt of the information under the agreement, or if that information has been provided by a third party, without that third party having violated a confidentiality clause. Furthermore, the confidentiality obligation does not apply insofar as disclosure is required by law, or by a binding decision of the court, another government body or by a professional obligation. However, to the extent possible, the disclosing party will consult with the other party about the form and content of the disclosure prior to disclosure.


The parties will also impose the confidentiality obligation on their employees and all other third parties who will work for them.

The confidentiality obligation as referred to in this article will remain in force for a period of three years after the expiry or termination of the agreement.


18 Intellectual Property


Without prejudice to the other provisions of these general terms and conditions, Pcrtestnu retains the rights and powers that accrue to Pcrtestnu on the basis of the Copyright Act.

All documents provided by Pcrtestnu, such as reports, advice, agreements, designs, sketches, drawings, software, etc., are exclusively intended to be used by the Client and may not be reproduced, published or used by him without the prior consent of Pcrtestnu. brought to the knowledge of third parties, unless the nature of the documents provided dictates otherwise.


Insofar as any intellectual property right rests on any manual, any manual, any protocol, any method or any other document prepared by Pcrtestnu, that right remains with Pcrtestnu. If, during the term of an agreement, the parties are allowed to make any changes to any manual, manual, protocol or any other document prepared by Pcrtestnu, or draw up a new manual, manual, protocol or any other new document, the intellectual property right to those documents also remains with Pcrtestnu. Insofar as necessary, the Client will cooperate with the transfer of any intellectual property right it has created to material developed in the context of an agreement, without stipulating any compensation for this.


19 Applicable law and choice of forum


These general terms and conditions and the offers and agreements to which they have been declared applicable are exclusively governed by Dutch law.

All disputes that may arise as a result of a quotation or an agreement will be submitted to the competent court in the district of Amsterdam.


If any provision of these general terms and conditions should conflict with any mandatory legal provision, the provision in question will lapse and be replaced by a new legally permissible comparable provision to be determined by Pcrtestnu.


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