Terms & Conditions STICHTING DIESEL EMISSIONS JUSTICE
The ‘client’ is understood in the context of these conditions: the person with whom the private company Stichting Diesel Emissions Justice, hereinafter referred to only as “DEJF”, has signed a contract for the provision of legal claim services.
a. All orders are accepted only under the following conditions, unless expressly agreed otherwise and this has been confirmed in writing by DEJF.
b. The provisions in these conditions are waived only if expressly agreed in writing, by both parties.
c. If a client refers to his own general conditions, nevertheless DEJF’s are the only provisions and terms and conditions that apply unless DEJF explicitly and in writing has consent to the applicability of the general conditions of the client.
d. DEJF is entrusted by the client with the provision of legal assistance in and out of court, acting as an advocate for injury and (mass) damages and giving advice on legal matters.
e. DEJF is free to outsource the performance of its activities to third parties, all this notwithstanding the applicability of these conditions.
a. All offers made by DEJF are without engagement. DEJF is only bound when it has accepted an assignment given in writing.
b. The dutch sales tax is never included in these charges, unless expressly stated otherwise.
a. If the client cancels partly or entirely the DEJF assignment , he/she is obliged to refund all costs to DEJF with a view to carrying out the assignment given the reasonable already invested costs, the costs already incurred for legal aid included explicitly must be compensated as well .
b. DEJF reserves the right, giving reasons, not to accept an assignment given, or giving back, all this with due observance of good faith.
c. Unless expressly agreed in writing otherwise, that task is performed by a named employee of DEJF.
d. All to be performed by DEJF or work carried out, relevant cooperation and data has to be delivered by the Client, unless otherwise provided below, or explicitly agreed otherwise in writing.
e. For all work performed by DEJF’s client, not otherwise provided hereafter, to DEJF (next to the disbursements incurred by DEJF) as a rack rate, or at least a reasonably and fairly to determine fees owed. In determining its fee DEJF is based primarily on its basic hourly fee and by it to the relevant case spent. DEJF calculates the fees and disbursements, as mentioned above, office expenses and dutch VAT. In case of legal mass claims where a fee-structure is agreed (ncnp-fee) , the fees will be 27.5% max. and may be adjusted by DEJF (with an opt-out response term of 14 days if the client does not agree) if litigation requires more funding to be financed by third parties.
f. Legal measures will be taken only at the expense and risk of the client. DEJF reserves the right to regard the conduct of a judicial proceeding or matter by making it otherwise the costs to request an advance fee ( or higher fee % ) to the client.
a. DEJF is only liable for direct damage which is or is caused by an act / omission of itself, its personnel or assist insofar as such damage is covered by liability insurance. DEJF in this context and in any event will cover up to a maximum loss amount of € 125.000 The above does not apply if there is intent on the part of DEJF and / or one of the (legal) persons whose services it has engaged in the implementation of the agreement concluded with the client, or to the extent any limitation of liability from DEJF is legally not allowed to do.
b. Direct damage means that damage is in a direct and inseparable connection with the injurious acts / omissions.
c. DEJF is under no circumstances liable for indirect damages, such as damages which are located have been in loss of data or profits.
d. DEJF is not liable for damages resulting from inadequate cooperation by the client, its own data supplied by or on account of the client while signing in for a claim/assignment, or for immaterial damages.
e. DEJF explains a liability referred to in paragraph a: of this article has been concluded at an insured amount and under conditions in which the sector in which DEJ operates and are not uncommon.
f. Damage claims must be mentioned by client as soon as possible , within 7 days of occurring but in any event within 14 days after the occurrence of the damaging event. Any claim must be submitted in writing, in case of forfeiture of the right in respect of amounts due to the damage occurred to DEJF.
6. Opinions / information:
a. Information provided to the client by DEJF may not be full or partly acquired by the client, or in any way be disclosed or reproduced unless expressly agreed otherwise in writing or from the agreement concluded with the client.
b. Information and / or advice by DEJF in good faith and entirely in good faith: DEJF does not accept any liability for loss and / or damages directly or indirectly arising from the content of its supplied information and / or advice, except for the case resulting from the nature of the agreement with DEJF which will be liable for such damage(s).
7. Settlements / invoices / payments: NO CURE NO PAY FEE
7.A.1 30% no cure no pay fee applies in the VW case, as is valid and client has agreed upon while signing on online.
7.A.2. there are no own (legal) costs for the claimant / victim in the injury and damage claims by DEJF, unless there is arbitrariness, fraud, deceit and gross intent by the client. See Note 4.
7.A.3 Individual agreements / AVW at contract will be made with the client , including mandate of representation and contract signing. The required requests for inspection / copy of passport / Valid ID : not cooperating with these terms will lead to canceling of the contract and payments of costs occurred to DEJF will be desired, by law.
a. Payments must be made without discount or compensation within 14 days after the invoice date, unless otherwise stated on the invoice payment.
b. In case of exceeding the payment term, the client is immediately in default and DEJF with effect from the moment of exceeding the payment will be entitled to an interest rate 2.2% per month extra interest charge.
c. All judicial and extrajudicial costs connected with the collection of the claim by DEJF will be paid by the client on behalf of the client.
a. Complaints, both relating to the services provided by DEJF, as well as the amount of the invoices of DEJF are only taken into consideration if within fourteen days after termination of service, or -if complained over a bill – within fourteen days after the invoice date, in writing, are made known to DEJF.
b. The burden of proof of having or not complained in time rests with the client.
c. When complaints made after the period specified in the preceding paragraph are filed, they will not be eligible.
d. Where rightly DEJF complaints regarding its legal service(s) are mentioned, they will lead to either repair the present case rendered service(s) or to compensate the result of the inadequate service for any loss suffered or the disclosure of a credit note. Effected at the discretion and choice of DEJF.
a. A dispute exists when one party declares that this is the case.
b. All agreements entered into by DEJF -under vigeur of these terms and conditions-, rule under Dutch Law only.
c. All disputes arising from this agreement will be subject to the judgment of the legally competent court in the Netherlands only.