Terms and conditions
These General Terms and Conditions apply to the entire offer on the website of https://coronasnelcheck.nl, and to all agreements entered into with Care & Company B.V.
Art. 1: Definitions
- Coronasnelcheck: Coronasnelcheck: the brand name under which Care & Company B.V. offers COVID-19 diagnostic services to consumers and companies. Care & Company B.V., with its registered office in Amsterdam and registered with the Dutch Chamber of Commerce under Chamber of Commerce registration number 82132917 and its principal place of business at Willemsparkweg 110, 1071 HN in Amsterdam, is the provider of the Tests and the contractual other party of the Customer under this Agreement.
- Corona: a virus of the virus family known as “coronaviruses”, used in the Agreement and these General Terms and Conditions in the more common, informal sense, to refer to the specific coronavirus that causes the infectious disease COVID-19, the official name of which is SARS-CoV-2.
- COVID-19 Antibody Test: A test that detects antibodies (IgM plus IgG) produced by the body after infection with or vaccination against the SARS-CoV-2 virus and thus indicates whether a person has recently been infected with the SARS-CoV-2 virus. In most people, antibodies to the SARS-CoV-2 virus are detectable 14 days after infection, but the speed of the antibody response varies from person to person.
- COVID–19 Rapid test: The SARS-CoV-2 Rapid Antigen Test, an antigenic test designed to provide a rapid indication of the infection status of individuals exposed to the SARS-CoV-2 virus, whether they are symptomatic or asymptomatic.
- COVID-19 PCR Test: A widely used technique according to the PCR-RT (Polymerase Chain Reaction-Real Time) method to detect the presence of genetic material from the SARS-CoV-2 virus. For this test, a special swab is used to collect test material in the nasal cavity and/or pharynx of the client.
- Non-Covid-19 Certificate: A statement from Bright Labs/Healthmark/Coronasnelcheck in the English language, made out in the name of the client and in accordance with the guidelines of the Ministry of Health, Welfare and Sport, that the client has been tested for the presence of SARS-CoV-2 by means of a Covid-19 PCR Test, Covid-19 Rapid Antigen Test or a Covid-19 Antibody Test on a certain date and that the result of that test was positive, or negative, or undeterminable.
- SARS-CoV-2: the official name for the virus more commonly known in The Netherlands as ‘Corona’ that causes the infectious disease COVID-19.
- Test: a COVID-19 Antibody Test, COVID-19 Rapid Test, and/or a Covid-19 PCR Test.
Art. 2 Conclusion of the agreement
- By completing and submitting the digital application form on (one of) the website(s) of Coronasnelcheck, selecting a sample collection location and date and paying the costs, you are deemed to have placed an order with Coronasnelcheck for a COVID-19 Antibody Test, a COVID-19 Rapid Test, a COVID-19 PCR Test and/or a Non-COVID-19 Certificate, all in accordance with the completed form.
- Only when you have received a confirmation of the order from Coronasnelcheck per e-mail, including registration / booking number, is this agreement between you and Coronasnelcheck realised.
You and Coronasnelcheck declare together and each separately that by using an electronic form of communication, this agreement has been validly concluded.
Art. 3 Obligations of the Customer
- You are obliged to make sure that Coronasnelcheck has your complete and correct personal and contact details. At the test appointment, you will still have the opportunity to check your personal and contact details as they are known to Coronasnelcheck and its partners, and if necessary, to amend them. The checking of your personal and contact details at the time of the test appointment is your sole responsibility. Coronasnelcheck accepts no liability for any damage, direct or indirect, due to the mention of incorrect and/or incomplete personal or contact details in a test result and/or Non-COVID-19 Certificate. If for any reason Coronasnelcheck cannot confirm the accuracy of your contact details, you will not receive a Non-COVID-19 Certificate.
- By appearing at a test appointment, you give Coronasnelcheck your express, unequivocal and irrevocable consent to the collection of a sample for your Test.
- At least 30 minutes before taking a sample for your Test, you must not consume anything (food or drink), nor smoke or take medication or any other substance.
- The e-mail with a code that you receive after your registration of Coronasnelcheck serves as identification. You must have the confirmation email with code at hand when you appear at your test appointment, otherwise your test can not take place.
- For the collection of your sample you are required to identify yourself with a valid identification document that corresponds to the data you provided during your registration. If you can not identify yourself at your appointment, your test can not proceed.
- Wearing a face mask is mandatory at the collection site for your Test.
- Some contaminations of the oral, pharyngeal and nasal cavities may make it impossible to carry out a Test on a sample taken from you. For example, you may have consumed alcohol shortly before a Test, taken certain types of medication or rinsed with certain brands of mouthwash, or in the case of other oral, pharyngeal or nasal contaminants. In such cases, Coronasnelcheck will offer you a second Test free of charge and will endeavour to schedule an appointment for that second Test as soon as possible. If you do not request a second Test, or if the Test cannot be performed on your sample for any other reason, Coronasnelcheck may, in its sole discretion, decide to reimburse you for the cost paid by you to Coronasnelcheck for the Test and/or Non-COVID-19 Certificate, but without being obligated to do so.
Art. 4 Duty to lodge a complaint in the event of a delay in the test result and/or COVID-19 PCR certificate
- In the event that you have not received a test result and/or Non-COVID-19 Certificate from Coronasnelcheck within 48 hours after the collection of your sample for a Test, you should inform Coronasnelcheck thereof without delay by sending an e-mail to: email@example.com for the antigen/antibody tests and firstname.lastname@example.org and email@example.com for the PCR tests.
Art. 5 Advice in the event of a positive test result
- If you receive a positive test result, it is important that you contact your general practitioner without delay and that you take measures without delay to prevent others in your environment from becoming infected. For more information about the SARS-CoV-2 virus and how to act if you have a positive test result, please refer to the RIVM information page at www.rivm.nl/coronavirus-covid-19 or to the national government information line for questions about the coronavirus: dial 0800-1351.
- Covid-19 is legally regarded as an infectious disease type A and is therefore a notifiable disease. Under Article 24 of the Dutch Public Health Act, every organisation that performs a test for SARS-CoV-2 is obliged to report positive test results to the GGD (Dutch municipal health service), simultaneously providing the personal details (if known) such as the name, address, sex, date of birth, BSN number and place of residence of the person concerned. In addition, Coronasnelcheck can, in the event of a positive test result, also pass on your telephone number and/or e-mail address to the GGD if requested, for which you give your irrevocable permission by entering into this agreement.
- Corona Quick Check cannot, in the event of a positive test result, advise you on medical treatment or further steps to be taken.
Art. 6 No guarantee; limitation of liability
- You declare to be familiar with the fact that every test technology, including the technologies used by Coronasnelcheck, involves a small but not negligible risk of a false positive result (the test result is positive, but you are not actually infected) or a false negative result (the test result is negative, but you are actually infected). A test result is therefore never a complete or definitive answer.
You further acknowledge that test results are snapshots of the presence of the SARS-CoV-2 virus (in the case of the Covid-19 PCR Test and the COVID-19 Rapid Test) or of specific antibodies (IgM plus IgG) to the SARS-CoV-2 virus (in the case of the COVID-19 Antibody Test) produced by your body following infection or vaccination at the time the test was administered. The test result gives no indication whatsoever of any infection that has occurred since the Test was taken.
You cannot derive any rights from the test result. Coronasnelcheck is not responsible for the accuracy of the test result or for the correspondence between the test result and your actual infection status at the time of taking your sample for a test, receiving your test result and/or any other time.
- It may happen that a sample taken from you cannot be tested. For example, this may occur if you have consumed alcohol shortly before a Test, have taken certain types of medication or have rinsed with certain brands of mouthwash, as well as if there are other contaminations of the oral, pharyngeal and nasal cavities.
Coronasnelcheck does not guarantee the suitability of a sample for performing a Covid-19 PCR Test, a COVID-19 Rapid Test and/or a COVID-19 Antibody Test. You cannot derive any rights from the collection of a sample with regard to the suitability of the sample for the performance of a Covid-19 PCR Test, a COVID-19 Rapid Test and/or a COVID-19 Antibody Test.
In the event that a sample taken from you appears unsuitable after two analyses, Coronasnelcheck will offer you a second Test (and only a second Test) free of charge. Coronasnelcheck will make an effort to schedule a follow-up appointment for the second Test as soon as possible. Coronasnelcheck does not guarantee that a second appointment can take place within a period or time convenient to you.
- Coronasnelcheck does not make any promises about the period in which your test result and/or Non-Covid-19 Certificate will be available. Coronasnelcheck aims to communicate your test result and (if ordered) the Non-Covid-19 Certificate within the timelines that we communicate. For regular PCR tests: tested on one day, results the next day at the latest in the evening before 22.00pm and for a booking of an urgent PCR test: tested before 11.00am, results on the same day in the evening before 22.00 pm. For an antigen rapid test the result is aimed to communicate within 30 minutes after collection of your sample. These times are an indication. You cannot derive any rights from it. If you have not received a test result and/or Non-Covid-19 Certificate 72 hours after sample collection, and you have informed Coronasnelcheck without delay before 48 hours after your PCR sample collection (or 6 hours after your Antigen rapid test sample collection) by e-mail addressed to Helpdesk@Coronasnelcheck.nl of the absence of your test result and/or Non-Covid-19 Certificate, Coronasnelcheck will, at your request, refund the costs of your Test and/or Non-Covid-19 Certificate. For the rest, Coronasnelcheck does not guarantee the time within which your Test result and/or Non-Covid-19 Certificate becomes available and Coronasnelcheck does not give any guarantees in this respect.
- Except in the case of intent or recklessness bordering on intent of Coronasnelcheck, Coronasnelcheck does not accept any liability for any damage, in any form whatsoever, either directly or indirectly, that is the result of:
- a false positive, false negative, incorrect or unclear test result;
- the unsuitability of a sample taken from you for the performance of a Test;
- not being able to schedule or make an (initial or follow-up) appointment to take your sample at a time or within a period that is convenient for you, or a scheduled appointment not going ahead; and/or
- the non-availability of your test result and/or Non-Covid-19 Certificate at a certain time or within a certain period.
- In no case, the total, cumulative liability of Coronasnelcheck, for whatever reason and/or on whatever grounds, will amount to more than the invoice value of this agreement.
- You declare to be familiar with and accept that Coronasnelcheck at all times reserves the right to give priority to the taking and processing of tests for, or the reporting of test results to, persons with a medical indication, personnel working in health care and/or persons working in another (by the government appointed) crucial profession, even when this might lead to a delay in the taking and processing of your Test or the reporting of your test result, all this without being liable to pay any compensation to you and without being liable for any damage in whatever form, direct or indirect, that you might suffer as a result.
Art. 7 Privacy; processing of personal data
- You declare to be familiar with the fact that Coronasnelcheck collects and processes various personal and contact details from you, including the data that you provided to Coronasnelcheck at the time of registration and/or afterwards, in order to (be able to) execute this agreement and your order to take a Test and/or report the test results, whether or not including the provision of a Non-COVID-19 Certificate in your name.
- As part of the performance of our tests, Coronasnelcheck has to process various personal data of you and, if applicable, share these with the GGD (Dutch municipal health service). In order to inform you about how Coronasnelcheck processes your personal data, we have published a privacy statement that explains, among other things, your rights and our obligations in this respect. You can find our privacy statement on our website:
Art. 8 Force Majeure
- The agreement is concluded subject to force majeure, i.e. every circumstance independent of the will of Coronasnelcheck which falls outside the sphere of influence of Coronasnelcheck and which temporarily or permanently prevents a proper fulfilment of its obligations under the agreement, except insofar as there is intent or recklessness bordering on intent on the part of Coronasnelcheck. If and insofar as a shortcoming in the fulfilment of the agreement is caused by a case of force majeure, this shortcoming cannot be ascribed to Coronasnelcheck.
- Force majeure as a result of which an attribution cannot be attributed to Coronasnelcheck exists in case of (among other things):
- an epidemic/pandemic (in particular in the event of government measures in connection with an epidemic/pandemic);
- a serious traffic disruption;
- a strike (in particular a wildcat strike);
- a (natural) disaster;
- a state of war;
- disruptions in the power supply, internet, data network and/or telecommunication networks of Coronasnelcheck or on which Coronasnelcheck depends;
- force majeure on the part of a supplier of Coronasnelcheck or when the shortcoming is caused by the non-delivery or late delivery of information or data to Coronasnelcheck by a supplier or by third parties on which Coronasnelcheck depends to obtain this information or data;
- unexpected illness and/or absence of an unusual part of the staff of Coronasnelcheck or of auxiliary persons engaged by Coronasnelcheck; and/or;
- other circumstances beyond the control of Coronasnelcheck which temporarily or permanently prevent Coronasnelcheck from properly fulfilling its obligations under the agreement, except in the case of intent or recklessness bordering on intent on the part of Coronasnelcheck.
- In particular, there will be force majeure as a result of which a shortcoming in the fulfilment cannot be attributed to Coronasnelcheck when this shortcoming is directly or indirectly caused by the granting of priority for the taking of tests to persons with a medical indication, persons employed in health care or persons employed in a crucial profession designated by the government.
- In the event of force majeure, you and Coronasnelcheck shall each have the right to dissolve this agreement in whole or in part without being liable to the other party for any compensation other than the costs of taking a Covid-19 PCR Test, a COVID-19 Rapid Test and/or a COVID-19 Antibody Test and/or for a Non-COVID-19 Certificate, if ordered, and without being liable to the other party for any direct or indirect damage due to the failure or dissolution of this agreement under this article.
Art. 9 Choice of law; choice of forum
- This agreement and the rights and obligations of the parties arising from it are governed by Dutch law. The Vienna Sales Convention is expressly excluded.
- The District Court of Amsterdam has exclusive jurisdiction to hear any dispute between the parties on account of or related to the establishment, content, performance and/or interpretation of this agreement.