General terms and conditions

Article 2: General

1. All provisions of these terms and conditions are in force between the parties, insofar as they have not been deviated from in writing.
2. The contract is entered into for an indefinite period unless it follows from the content, nature or tenor of the assignment given that it was entered into for a definite period.
3. The client with whom a contract was once concluded on the basis of the present terms and conditions, is deemed to have tacitly agreed to the applicability of these terms and conditions to subsequent assignments concluded with JBL&G.
4. The applicability of any other conditions of the client is expressly rejected.
5. If one or more provisions of these terms and conditions are null and void or may be annulled, the other provisions of these terms and conditions shall remain fully applicable. The annulled or void provision(s) in that case shall, as far as possible, have a corresponding meaning.

Article 3: Services

1. The agreement comes into effect the moment the client has given the assignment by means of the signing, return and receipt by JBL&G of the assignment confirmation.
2. The client grants JBL&G the assignment for the representation of interests with respect to the damages suffered and to be suffered by the client as a result of the incident.
3. The work performed by JBL&G for the client is referred to as extrajudicial legal assistance. This means that JBL&G tries to recover the damages suffered and to be suffered by the client without the intervention of the courts. During the handling of the case, JBL&G shall ensure that all relevant documents are sent to the client. The client is responsible for keeping these documents. If the client wishes to have the documents from the file sent to him/her again, JBL&G shall charge the reasonable costs incurred by the client for sending these.

Article 4: Handling of the case

1. JBL&G is obliged to represent the interests of its client to the best of its knowledge and ability, all this insofar as this is possible and desirable in view of the legal relationship and the assignments arising from it.
2. The manner in which the assignment is carried out and the other activities are performed shall, with due observance of any applicable statutory provisions, meet the requirements arising from the obligations and responsibilities of the client.
3. If the work is intended to achieve a certain (financial) end result, JBL&G shall endeavour to achieve this result, but cannot guarantee that this intended end result will actually be achieved.
4. JBL&G is entitled to engage third parties in the execution of the agreement of the client. When selecting third parties, JBL&G shall exercise due care and shall endeavour to achieve a high level of service, but does not give any guarantee to that effect.
5. Telephone conversations may be recorded for training purposes.

Article 5: Cooperation and provision of data

1. The client must ensure that all acts which frustrate or render impossible the execution of the assignment by JBL&G are avoided.
2. If and as long as the case is being handled by JBL&G, the client is obliged to render all cooperation required in connection with the handling of the case, to provide correct information and to make all relevant documents available. If the client prematurely terminates the case with JBL&G or if the provisions in the first sentence of this article are not complied with, JBL&G may charge the costs incurred in the meantime to the client and/or set them off against the advance payments made or to be made to the client by the (insurer of the) liable party.
3. If you have taken out legal expenses insurance, you should report your loss to this insurer. In any event, do so within three years of the date of the accident, due to the statute of limitations.
4. For the liable party, or his insurer, to be able to pay the damages, the client is obliged to provide his own account number into which these funds may be deposited, which means that the client is not under administration, guardianship, etc. In this case, the account number of the administrator, curator, etc. must be passed on.
5. The Client grants permission to JBL&G to issue a – anonymised – notice regarding his/her personal injury case.

Article 6: Destruction of old files

1. For a period of ten years after settlement or closure of a case, the file will be kept in JBL&G’s (digital) archive. A fee is charged for retrieving old files from this archive.
2. After expiry of this period, the file and the documents contained therein will be destroyed without further notice.

Article 7: Secrecy

1. JBL&G shall, subject to obligations imposed by law to disclose certain information, be obliged to maintain confidentiality vis-à-vis third parties who are not involved in the execution of the assignment. This confidentiality concerns all information of a confidential nature made available to it by the client and the results obtained by processing such information.
2. The client is obliged to observe confidentiality with respect to all information and documents relating to the assignment, which in all reasonableness should be considered confidential and secret.
3. JBL&G shall be entitled to forward all (medical) information and data relevant to the assessment of the damages to the relevant other party or its insurer, or its representative, as well as any other parties necessarily involved in the settlement of the damages.

Article 8: Liability of JBL&G

1. JBL&G shall only be liable vis-à-vis the client for direct loss which the latter incurs as a direct consequence of culpable and attributable shortcomings on the part of JBL&G or persons in its service, committed during the fulfilment of the assignment, if and insofar as such shortcomings could have been avoided under normal circumstances with normal professional knowledge and with due observance of normal attentiveness and professional practice, subject to the further limitations described below.
2. The liability of JBL&G for indirect loss, such as: consequential loss, loss of income, etc., is excluded.
3. In the event of a culpable attributable shortcoming, JBL&G must first be put in default in writing by the client, with a reasonable time limit to still comply with its obligations, or to rectify any errors, or to limit or eliminate damage.
4. Any liability of JBL&G shall be limited to the amount paid out by the professional liability insurer in the case in question.
5. If and insofar as shortcomings in the execution of the work carried out by JBL&G are the result of the circumstance that the client did not fulfil its obligations in accordance with Article 5, or did not do so on time or sufficiently, JBL&G shall not be liable at all. In such a case, repair of the aforementioned shortcomings shall take place at the expense of the client.
6. JBL&G shall not be liable for any shortcomings of auxiliary persons (third parties) engaged by it.

Article 9: Costs of legal assistance

1. As long as the case has not yet been brought before the court, these costs are referred to as ‘extrajudicial legal assistance costs’. These costs are included in the damages as suffered by the victim and are recovered by JBL&G on your behalf from the liable party or its insurer. This is possible on the basis of Section 6:96 of the Dutch Civil Code.
2. The fee will be determined by multiplying the hours spent in the relevant period by JBL&G’s hourly rate. If applicable, the fee will be supplemented by disbursements and then invoiced to the client.
3. All rates quoted are exclusive of turnover tax and other government levies.
4. JBL&G reserves the right to index the hourly rate annually on the basis of any cost increases.
5. If the extrajudicial costs are reimbursed by an opposing party, the client authorises such opposing party to pay the reimbursement directly to JBL&G.

Article 10: Legal provisions

1. These terms and conditions are governed by Dutch law.
2. If a dispute arises between the parties in connection with an agreement to which these terms and conditions apply in full or in part, or in connection with other agreements resulting from such an agreement, both parties will be entitled to submit this dispute to the civil court of a district to be determined by the Commissionee. If the parties are jointly of the opinion that a dispute is better suited for settlement by means of arbitration, binding advice or mediation, such a dispute will first be submitted to a mediator to be appointed jointly by the parties.
3. Disputes, which are submitted to the civil court, will be submitted to the judgement of the competent court where the contractor is established, unless the law by rules of mandatory law has declared another court competent to do so. The agreement and any resulting agreements shall be governed exclusively by Dutch law.