General Terms and Conditions

These general terms and conditions apply to the services of Nederland Letselschade.

Article 1 – Definitions

In these general terms and conditions, the following is understood to mean:

1. Nederland Letselschade: the user of these general terms and conditions, established in [place of establishment] and registered in the trade register under number [Chamber of Commerce number].
2. Client: any natural person or legal entity that commissions Nederland Letselschade to perform work.
3. Agreement: the contract for services between Nederland Letselschade and the Client, including the activities arising therefrom.
4. File: all information, documents, correspondence, medical data, calculations, and other data relating to the Client's case.
5. Counterparty: the potentially liable party, its insurer, or another party to whom the activities are directed.
6. Third parties: persons or entities other than Nederland Letselschade or the Client, such as experts, medical advisors, lawyers, and insurers.

Article 2 – Applicability

1. These General Terms and Conditions apply to every offer, every Agreement, and all related activities of Nederland Letselschade.
2. The Client's General Terms and Conditions do not apply, unless Nederland Letselschade has accepted them in writing.
3. Deviations from these general terms and conditions are only valid if agreed upon in writing by the parties.
4. If a provision is void, voidable, or otherwise unenforceable, the remaining provisions shall remain in effect. The parties shall then replace that provision with a provision that corresponds as closely as possible to it in substance.
5. Nederland Letselschade makes these general terms and conditions available to the Client prior to or at the conclusion of the Agreement in a manner that allows them to be stored and consulted at a later date.

Article 3 – Offer and conclusion

1. Offers from Nederland Letselschade are without obligation, unless stated otherwise in writing.
2. The Agreement comes into effect as soon as Nederland Letselschade confirms the assignment in writing or by email, or commences the work with the Client's consent.
3. Nederland Letselschade may refuse an assignment as long as no Agreement has yet been concluded.
4. Nederland Letselschade may rely on the accuracy and completeness of the information provided by the Client.
5. Obvious errors, typographical errors, or omissions do not bind Nederland Letselschade.
6. Case-specific agreements regarding the services, costs, and any deviations from these general terms and conditions are set out in the order confirmation or in a separate written agreement.
7. In the event of a conflict between the order confirmation and these general terms and conditions, the order confirmation shall prevail.
8. If the Agreement is concluded by or on behalf of two or more Clients, they shall be jointly and severally liable for the financial obligations arising from the Agreement and for joint obligations of cooperation that concern them jointly.
9. If the Client is a consumer and the Agreement is concluded remotely or outside the business premises, the Client has, in principle, a statutory right of withdrawal of 14 days from the conclusion of the Agreement.
10. If the Client requests that Nederland Letselschade commence the work during the withdrawal period, Nederland Letselschade may comply with this request. If the Client subsequently withdraws the Agreement, the Client shall owe a proportionate amount for the part of the services performed at that time, provided that the statutory requirements have been met.
11. The right of withdrawal lapses after full performance of the services within the withdrawal period only if Nederland Letselschade has commenced with the express prior consent of the Client and the Client has declared in advance to waive the right of withdrawal as soon as the services have been fully performed, and to the extent that the statutory requirements have been met.

Article 4 – Nature and scope of the Agreement

1. Nederland Letselschade provides out-of-court representation in personal injury cases and other activities agreed upon in writing.
2. The services provided constitute an obligation of best effort. Nederland Letselschade guarantees no result, no admission of liability, and no specific amount of damages.
3. Nederland Letselschade performs the work with the diligence of a reasonably acting and reasonably competent legal representative.
4. The work is performed exclusively for the benefit of the Client. Third parties cannot derive any rights therefrom.
5. Unless otherwise agreed in writing, the following are excluded from the Agreement:
   • judicial proceedings, arbitration, binding advice and procedural documents;
   • medical, tax, employment law, insurance law, or other specialist advice outside of personal injury handling;
   • disputes regarding insurance coverage or policy conditions;
   • activities for third parties.
6. If it becomes apparent during the execution that additional work is required, Nederland Letselschade shall inform the Client thereof in a timely manner. Such work shall only form part of the Agreement after the parties have reached agreement thereon.

Article 5 – Obligations of the Client

1. The Client shall provide all information and documents relevant to the execution of the Agreement in a timely manner and guarantees the accuracy and completeness thereof.
2. The Client shall immediately report facts and changes that may be relevant to the case, including changes in medical status, employment, income, benefits, correspondence with the Counterparty, and payments received.
3. The Client shall cooperate reasonably in the execution of the Agreement and respond in a timely manner to requests from Nederland Letselschade.
4. The Client shall not enter into an arrangement with the Counterparty and shall not provide incorrect or incomplete information to the Counterparty without consultation with Nederland Letselschade, insofar as this may affect the case.
5. The Client shall present valid proof of identity upon first request, to the extent necessary to comply with legal obligations, establish identity, or prevent fraud.
6. The Client shall disclose, upon entering into the Agreement and thereafter immediately as soon as this becomes known, whether there is legal assistance insurance, accident insurance, or other insurance or provision that can provide coverage or compensation for legal assistance, costs, or damages.
7. The Client shall timely provide all information and documents necessary to prevent the statute of limitations from expiring or other delays, including for a valid interruption of claims if this is necessary for the case.
8. The Client shall not provide falsified, misleading, or incorrect information and shall not conceal any facts which he knows or ought to understand to be essential for the assessment or handling of the case.

Article 6 – Implementation, communication and progress

1. Nederland Letselschade organizes its activities professionally and efficiently, taking into account the interests of the Client.
2. Nederland Letselschade determines the order and manner of handling of the File, taking into account the interests of the Client.
3. The duration and progress of a personal injury case depend in part on factors beyond the control of Nederland Letselschade, such as the attitude of the Counterparty, insurers, experts, and medical practitioners.
4. The timeframes and schedules stated by Nederland Letselschade are indicative, unless a firm deadline has been expressly agreed upon in writing.
5. The parties communicate in writing, by email, by telephone, or digitally.
6. Nederland Letselschade may rely on the contact details provided by the Client. The Client is solely responsible for checking email and other agreed means of communication in a timely manner.
7. Nederland Letselschade keeps the Client informed of material developments in the case within reasonable limits.
8. Digital communication entails risks. Nederland Letselschade exercises due care but does not guarantee error-free, complete, or interference-free transmission, receipt, or processing of digital messages.
9. Nederland Letselschade monitors limitation periods and other strict deadlines insofar as they fall within the scope of the assignment accepted by it.
10. Nederland Letselschade is not liable for prescription, forfeiture of rights, or other exceeding of time limits that occurred prior to the conclusion of the Agreement.
11. If the Client fails to provide the information or documents necessary for the case in a timely manner following a concrete and timely request from Nederland Letselschade, Nederland Letselschade shall not be liable for any damage arising therefrom, including prescription, forfeiture of rights, or other exceeding of time limits.

Article 7 – Engagement of third parties and referral

1. Nederland Letselschade may engage third parties, such as experts, medical advisors, or other specialists, if this is necessary for the careful execution of the Agreement.
2. If the nature or costs thereof warrant it, Nederland Letselschade shall inform the Client in advance.
3. Nederland Letselschade exercises appropriate care in the selection of third parties.
4. If the Client engages a third party itself, the Client is responsible for that choice and the resulting costs and agreements, unless otherwise agreed in writing.
5. If the assistance of a lawyer is necessary or desirable for careful handling, Nederland Letselschade will inform the Client accordingly and may refer the Client.
6. The work and costs of a lawyer do not fall under the Agreement with Nederland Letselschade, unless otherwise agreed in writing.
7. A medical advisor engaged by Nederland Letselschade provides independent, objective, and impartial advice, in compliance with the professional standards and rules applicable to him.
8. Nederland Letselschade is not liable for the content of an independent medical opinion as such, but remains liable for its own errors and for liability imposed upon it by law in connection with the engagement of auxiliary persons, including errors in the selection, instruction, or deployment of the medical advisor.

Article 8 – Costs, fees and compensation payments

1. Financial arrangements are stated in the order confirmation or in a separate written agreement.
2. Nederland Letselschade seeks to recover its extrajudicial costs from the liable Counterparty or its insurer, to the extent permitted by law and the circumstances of the case.
3. The Client owes Nederland Letselschade no fee, personal contribution, or other compensation, unless expressly and unambiguously agreed upon in writing.
4. If liability is not acknowledged or extrajudicial costs are not reimbursed or are only partially reimbursed, the unreimbursed portion shall not be borne by the Client, unless the parties have expressly and unambiguously agreed otherwise in writing beforehand.
5. Paragraph 4 also applies in the event of wholly or partially contributory negligence, unless the parties have expressly and unambiguously agreed otherwise in writing beforehand.
6. Costs of third parties, experts, lawyers, court registry, bailiffs and other special expenses do not fall under paragraph 2, unless otherwise agreed in writing.
7. In principle, compensation and advances are paid directly to the Client. The Client reports direct payments, advances, and arrangements with the Counterparty directly to Nederland Letselschade insofar as they are relevant to the handling of the case.
8. If Nederland Letselschade inadvertently receives funds intended for the Client, it shall forward these to the Client as soon as possible, after any administrative processing. Nederland Letselschade shall not owe any interest thereon, unless mandatory law provides otherwise.
9. Nederland Letselschade does not provide subsidized legal assistance based on a legal aid grant. The client is personally responsible for investigating, if they so wish, whether they qualify for funded legal assistance through a lawyer.
10. If the case involves a minor, permission from the sub-district court judge or the use of a bank account with a BEM clause may be required for the final settlement, the receipt or management of compensation, and the withdrawal of funds. Nederland Letselschade will inform the Client regarding this as soon as it is relevant to the case.
11. The Client shall, upon first request, cooperate in signing a deed of assignment or other necessary documents for the collection of extrajudicial costs from the Counterparty, to the extent necessary for an efficient settlement and permitted by law.
12. If the Agreement terminates due to fraud, intentional deception, or the intentional concealment of essential information by the Client, the Client shall owe Nederland Letselschade reasonable compensation for the time spent and costs incurred in accordance with the hourly rate communicated in writing or agreed upon in advance, and for external costs incurred.

Article 9 – Payment

1. If the Client is required to pay pursuant to the Agreement, a payment term of 14 days after the invoice date applies, unless otherwise agreed in writing.
2. Nederland Letselschade may require a written agreed advance payment before commencing or continuing work.
3. The Client shall submit substantiated objections to an invoice within 14 days of receipt. This does not suspend the payment obligation, unless Nederland Letselschade confirms otherwise in writing.
4. In the event of late payment, the Client owes statutory interest from the moment of default.
5. Extrajudicial collection costs are only charged to consumers after the statutory requirements for the 14-day letter have been met.

Article 10 – Privacy, medical data and File

1. Nederland Letselschade processes personal data for the execution of the Agreement, case handling, communication, administration, and compliance with legal obligations.
2. To the extent necessary for the handling of the personal injury case, Nederland Letselschade also processes medical and other special personal data, only to the extent permitted by law and with appropriate care.
3. If an authorization or statement from the Client is required for requesting, receiving, or sharing medical data, Nederland Letselschade will inform the Client thereof separately.
4. In principle, Nederland Letselschade retains administrative and financial data for seven years after the conclusion of the case, unless a longer statutory retention period applies.
5. Nederland Letselschade retains other file documents, including medical data, for no longer than is necessary for the handling and settlement of the case, a possible reopening thereof, the handling of a complaint or claim of liability, or the substantiation or defense of a legal claim. Nederland Letselschade periodically assesses whether further retention is still necessary and deletes or anonymizes data as soon as this is no longer the case.
6. The Client may, within reasonable limits, request access to, a copy of, or transfer of the File. Nederland Letselschade will cooperate in this regard to the extent permitted by law and circumstances.
7. Nederland Letselschade uses digital systems and takes appropriate technical and organizational measures to secure personal data and other confidential information.
8. Further information regarding the processing of personal data can be found in the privacy statement of Nederland Letselschade.

Article 11 – Complaints

1. Complaints regarding the service or the financial settlement can be submitted in writing or by e-mail.
2. Nederland Letselschade confirms receipt of a complaint within five working days in principle.
3. Nederland Letselschade strives to resolve a complaint substantively within six weeks. If this is not possible, it will inform you within that period, stating the reason and the expected response time.
4. If the internal complaints procedure does not lead to a solution, the Client may turn to the competent court.
5. If Nederland Letselschade is affiliated with a quality mark, trade association, or external complaints or dispute resolution scheme, the Client may, after completion of the internal complaints procedure, also turn to the external body designated at that time, as stated on the website or in the order confirmation.
6. Filing a complaint does not suspend the Client's ongoing obligations, unless the law or a written agreement provides otherwise.

Article 12 – Suspension

1. Nederland Letselschade may suspend the work in whole or in part if the Client, despite a warning if that is reasonably possible, provides insufficient information, fails to cooperate, or fails to comply with financial agreements.
2. Nederland Letselschade communicates the reason for the suspension in advance, if possible.
3. Nederland Letselschade resumes its activities as soon as the reason for suspension has ceased to exist, insofar as resumption is still possible and meaningful.

Article 13 – Termination of the Agreement

1. The Client may terminate the Agreement at any time.
2. Nederland Letselschade may terminate the Agreement, in whole or in part, only if there is a weighty reason for doing so, such as a serious breach of trust, a conflict of interest, failure of the Client to cooperate, the absence of a reasonable basis for continuing the case, fraud, intentional deception, or the intentional concealment of essential information by the Client.
3. To the extent possible, Nederland Letselschade shall inform the Client in advance and the Client shall be given a reasonable opportunity to remedy the problem. In the event of fraud, intentional deception, or the intentional concealment of essential information, Nederland Letselschade may terminate the Agreement with immediate effect.
4. Upon termination, Nederland Letselschade will cooperate, to the extent reasonable, in a careful transfer of the File.

Article 14 – Consequences of termination

1. Upon termination, the work shall cease, except insofar as actions are still necessary to prevent immediate detriment to the Client or to carefully complete ongoing steps.
2. Work already performed and costs incurred remain due insofar as they are for the account of the Client pursuant to the Agreement or a separate agreement.
3. If the Client, acting as a consumer, terminates the Agreement prematurely and a payment obligation is dependent on the completion of the assignment or on the passage of time, Nederland Letselschade is entitled only to a portion of that compensation to be determined reasonably, insofar as the law permits.
4. In the event of termination or transfer to another representative or lawyer, Nederland Letselschade may independently recover out-of-court work already performed and the associated out-of-court costs from the Counterparty, to the extent permitted by law and the nature of the case.
5. If a successor representative or attorney is engaged in the case, the parties shall cooperate within reasonable limits in an orderly transfer and, where appropriate, in coordination regarding out-of-court costs towards the Counterparty.

Article 15 – Liability

1. Nederland Letselschade is only liable for direct damage suffered by the Client that is the direct result of an attributable failure or unlawful act.
2. Nederland Letselschade is not liable for indirect damage, consequential damage, loss of profit, or damage predominantly caused by the Client or Third Parties, unless mandatory law provides otherwise.
3. Any liability is limited to the amount paid out in the relevant case under the liability insurance of Nederland Letselschade, plus the deductible.
4. The limitations in this article do not apply in the event of intent or conscious recklessness on the part of Nederland Letselschade.
5. The Client reports an alleged shortcoming or damage to Nederland Letselschade as soon as possible in writing and specifically.

Article 16 – Force Majeure

1. Nederland Letselschade is not required to fulfill its obligations as long as there is a case of force majeure.
2. Force majeure includes circumstances beyond its reasonable sphere of influence that render performance temporarily or permanently impossible or unreasonably burdensome, including system failures, illness, government measures, fire, water damage, cyber incidents, and the outage of Third Parties on which it depends.
3. In the event of force majeure, Nederland Letselschade may suspend the performance of the Agreement or, if continuation cannot reasonably be expected, terminate the Agreement in whole or in part.

Article 17 – Confidentiality

1. The Parties shall treat confidential information received in the context of the Agreement with care and shall not disclose it to Third Parties, unless this is necessary for the execution of the assignment, follows from the law, or is done with the consent of the other Party.
2. This obligation shall continue to apply even after termination of the Agreement.

Article 18 – Intellectual property rights

1. Intellectual property rights to models, formats, standard documents, and other general documents developed by Nederland Letselschade rest with Nederland Letselschade or its licensors.
2. The Client may use documents from its own File for its own case, the continuation thereof, and for a complaint or claim of liability.
3. Other use or commercial exploitation is only permitted with prior written permission from Nederland Letselschade.

Article 19 – Amendment of the general terms and conditions

1. Nederland Letselschade may amend these general terms and conditions.
2. Amended terms and conditions apply only to new assignments, unless application to an ongoing Agreement is permitted by law and the Client is not unreasonably disadvantaged as a result.

Article 20 – Applicable law and competent court

1. The Agreement and all related legal relationships are governed by Dutch law.
2. Disputes shall be submitted to the competent court in the district where Nederland Letselschade is established, unless mandatory law provides otherwise or the Client chooses the court competent under law within one month after Nederland Letselschade has invoked this clause in writing.

Article 21 – Final provisions

1. These general terms and conditions are drawn up in Dutch. In the event of a difference in interpretation, the Dutch text shall prevail.
2. These General Terms and Conditions may be cited as: General Terms and Conditions Nederland Letselschade.
3. These general terms and conditions enter into force on April 13, 2026.