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What are general terms and conditions for home care? They are the fixed, pre-drafted rules that a home care organization declares applicable to every care agreement with a client. They regulate matters such as the scope of care, cancellation, payment, liability, the complaints procedure, and the handling of personal data. They stand alongside—not instead of—the individual care agreement and the mandatory rules of the WGBO and the Wkkgz. Properly drafted terms and conditions prevent disputes regarding what has and has not been agreed upon.
The short answer
- Definition: standard provisions that the home care organization applies to every client relationship.
- Function: supplementing and clarifying the care agreement; spreading risks.
- Legal status: valid if they have been provided in a timely manner and are not unreasonably burdensome.
- Limits: mandatory law (WGBO, Wkkgz, GDPR, consumer law) always takes precedence.
- Practical: particularly relevant regarding cancellation, payment, and liability.
What exactly are the general terms and conditions for home care?
A home care organization enters into a care agreement with every client. This sets out the individual arrangements: the type of care, the number of hours, and the form of financing. The general terms and conditions contain the provisions that are the same for every client and that you do not want to renegotiate each time. They form the legal framework underlying the provision of care.
The distinction is important. The care agreement is tailored to each client; the general terms and conditions serve as the underlying standard. In the event of a conflict, the individual agreement in the care agreement normally takes precedence over the general provision.
What topics are included?
For a home care organization, these are the core topics:
- The care agreement: how care is requested, started, modified, and terminated.
- WGBO relationship: rights and obligations regarding treatment, information, and consent of the client.
- Form of financing: distinction between care via PGB, ZVW (district nursing), Wlz, or private.
- Cancellation and postponement: terms and potential costs for cancelling a scheduled care appointment.
- Liability: what the organization is and is not liable for, within the legal limits.
- Complaints procedure: the route via the Wkkgz and the disputes body.
- Privacy: processing of medical and personal data under the GDPR.
- Payment: installments, collection, and consequences of non-payment (especially for private care and personal contributions).
The legal status: when do they apply?
General terms and conditions are not automatically binding. Two requirements are crucial:
- Provision. The client must have received the terms and conditions before or at the time of concluding the care agreement — for example, as an attachment or via a demonstrably provided link. If the client does not receive them in a timely manner, he may invalidate provisions.
- No unreasonably burdensome clauses. The black and grey lists of the Civil Code apply to a consumer client. A clause that excludes liability too broadly or binds the client unreasonably will not stand.
In addition, the principle applies that mandatory law takes precedence. The WGBO, for example, regulates the right of access to the file and the duty to provide information; general terms and conditions cannot circumvent this. The same applies to the complaints procedure of the Wkkgz and the privacy rules of the GDPR.
Boundaries: WGBO, Wkkgz and GDPR
Three laws limit what you may include in the terms and conditions:
- WGBO (Book 7 of the Dutch Civil Code). Regulates the treatment agreement: duty to inform, consent, file, and right of access. You cannot deviate from many provisions to the detriment of the client.
- Wkkgz. Obligates every healthcare provider to have a complaints procedure with a complaints officer and to be affiliated with a recognized dispute resolution body. You may mention this in the terms and conditions, but not restrict it.
- GDPR. Health data is special category personal data. The privacy provision must align with your processing register and (where applicable) processor agreements.
A practical example
A home care organization provides private supplementary care alongside district nursing under the Health Insurance Act (ZVW). A client cancels a scheduled day shift four hours in advance and refuses to pay the cancellation fees. Because the organization had included a reasonable cancellation period (e.g., 24 hours) and a proportional fee in its general terms and conditions, and had demonstrably provided these in advance, the provision was enforceable. Without this stipulation, the organization would not have been able to pass on the costs.
Honest recommendation
General terms and conditions for home care are not a formality: they determine whether your agreements regarding cancellation, payment, and liability hold up. If you simply want to understand what they entail and how they relate to the care agreement, you do not need a lawyer — this article provides that framework. Having a set reviewed that aligns well with the WGBO, Wkkgz, and AVG is also perfectly feasible with a solid foundation.
It is, however, advisable to have it legally reviewed: if you work with different forms of financing simultaneously (PGB, ZVW, Wlz, private), if you wish to limit liability, or if a client disputes a provision. In such cases, the boundaries of consumer law and mandatory healthcare law carry significant weight.
Read more: general terms and conditions for home care, drafting general terms and conditions for home care and having general terms and conditions for home care drafted.
Frequently Asked Questions
Fixed, pre-drafted provisions that a home care organization applies to every care agreement. They regulate, among other things, the scope of care, cancellation, payment, liability, the complaints procedure, and privacy. They supplement the individual care agreement and apply within the limits of mandatory law.
No. They only apply if the client has received them before or at the time of concluding the agreement (handing over) and the provisions are not unreasonably burdensome. Moreover, in the case of a consumer client, the black and grey lists from the Civil Code apply.
The care agreement contains the individual arrangements per client (what care, how many hours, what funding). The general terms and conditions are the standard provisions that are the same for every client. In the event of a conflict, the individual agreement generally takes precedence.
Not to the detriment of the client. The WGBO is largely mandatory law: the duty to inform, consent, the right to the file, and the right of access cannot be restricted by means of general terms and conditions. The terms and conditions may, however, name and clarify these rights.
The Wkkgz obliges every healthcare provider to have a complaints procedure with a complaints officer and to be affiliated with a recognized dispute resolution body. It is advisable to refer to this in the terms and conditions, but you may not restrict the statutory complaints route.
The form of financing determines who pays and which rules apply. With a PGB, the budget holder contracts directly; for ZVW district nursing, funding is channeled through the health insurer. The conditions for each form must clearly state who is responsible for what, including any personal contributions.
An unreasonably burdensome clause against a consumer can be annulled; the rest of the terms and conditions usually remain in effect. Overly broad liability exclusions or unreasonable cancellation fees, in particular, run this risk. A legal review prevents core provisions from being invalidated.
