Legal Advice in Disputes about Maternity Care

Questioner

We went looking for a doula maternity nurse and started emailing a lady. In the first emails we asked her some questions about what maternity care would look like and she responded with a reply email asking if we wanted to have a no-obligation conversation. Then we emailed back that we were interested and we didn't hear anything for a while. Then we emailed again asking when the intake would take place. And we agreed on a date. We hadn't received anything from her yet, no papers, no mail and therefore no terms of delivery or anything. The lady came by and during this conversation she drew up an agreement in duplicate and asked that if we agreed to her services, we had to send the form to her. There was also the terms of delivery behind 1 order form which stated that if there was a cancellation after the intake, we owed her an amount of 60 euros. This was never communicated in advance because we only received the papers during the conversation. The lady left and we thought about it during our vacation and decided that we didn't want to use her services. We did not send anything back, she does not have a signature, and we emailed her that we did not want to use it. Then the lady sends us that we have to pay an invoice. We send back that we read this with surprise, because this is not mentioned anywhere. Not on the website, not in the email and that we do not intend to pay this. She then sends back that we never emailed that the conversation would not be without obligation, and that we have to pay the invoice because otherwise she will send a debt collection agency after us. The invoice also contains amounts that we cannot account for. (the terms of delivery state 60 euros for cancellation of intake) and the lady adds another 40 euros for cancelling the registration. We did fill in our details on her website, but still did not agree?? Our question to you, she does not have a leg to stand on, does she? If we have to pay something, should this be sent in advance? Or stated on the website? And surely there is only a maternity contract if we would have returned the form in duplicate? Surely we cannot know in advance that there are costs if they are not mentioned? Then a salesperson could tell his story at the door and then send an invoice? We would like to hear your answer. Thank you in advance!

Lawyer

Unfortunately, there are companies that treat customers in this way. But don't be put off by their sales methods. You haven't signed anything and you haven't been told in advance that you would have to pay for a conversation or for cancellation. So then you don't have to pay anything. If you don't pay, they may threaten to use a debt collection agency or even call one in, but don't let that get you down because they simply have no right to speak. So my advice is to pay nothing and stop responding to the letters you receive, then they will stop eventually.

Questioner

Thanks for the answer. The lady now indicates that she is allowed to use this because of the NZA rate. This does describe some things about maternity care. Is she allowed to invoice then? And she says that we have to submit it to our insurance and that they will pay her. We do not want that because we are only entitled to maternity care and intake once.

Lawyer

It is not important whether or not it is in accordance with the NZA tariff. What is important is that she wants to declare conditions applicable. She only gives you those conditions during the conversation. You have not agreed to those conditions and have not entered into an agreement. You can therefore regard the conversation as a kind of sales conversation and only after the conversation you decide whether you enter into a contract under the conditions that were given to you during the conversation. I therefore advise you not to pay anything and if you do want to respond, please indicate that the conditions do not apply because you have not accepted them.