Conditions of Participation of Stichting Emission Claim
These are the conditions of participation of Stichting Emission Claim, KvK nr. (Trade Register number), hereinafter referred to as SEC) in the collective action which SEC has initiated against Renault (the Proceedings).
The Proceedings are being conducted in part on your behalf to compensate you for damages suffered as a result of the sale or lease to you of a diesel vehicle (M1 or N1) that did not comply with applicable emissions regulations. The damages that SEC seeks on your behalf are hereinafter referred to as the Claim.
In this document you will find all the terms and conditions of participation (hereinafter also referred to as the Agreement). You confirm with your (electronic) registration that you have accepted and had access to these terms and conditions.
There is no cost associated with your enrollment except and until success is achieved for you. Success means anything you receive in the future concerning the Claim, regardless of who pays for it and regardless of the basis (court judgment or settlement in the Proceedings) on which you receive it. You agree that any time a payment under the Proceedings becomes available to you, a portion of the Claim will be used by SEC to reimburse the costs of the Proceedings (see under "Success Fee" below).
Assignment and Power of Attorney
By your registration and participation, you instruct and authorize SEC to represent, in the broadest sense of the word, your interests in the collective action against Renault and in any subsequent proceedings, to the extent necessary, to recover damages suffered by you.
This power of attorney is exclusive (with the right of substitution) and includes doing anything SEC deems necessary to collect the Claim, including - but not limited to - conducting proceedings, including the pending class action, reaching a settlement, and/or filing an opt-out or opt-in statement if a settlement is reached. SEC may determine whether it is acting on your behalf or in its own name in doing so. Exclusive means that you may not (also) authorize another advocate to claim the Claim from Renault or represent your interests therein. You confirm and warrant that you have not already registered with another advocate at the time of registration with SEC.
SEC itself bears all costs to be incurred in carrying out the assignment. If and to the extent success is achieved, as described above, you will owe SEC a fee in the amount of up to 25% of the success achieved for you (the Success Fee). You agree that such fee shall be paid to SEC by settlement. SEC will attempt, without giving any guarantee to that effect, to ensure that Renault will also reimburse you for the Success Fee payable by you.
You declare that:
- You have not been credited with the Claim and have not discharged it to Renault;
- You will not assign the Claim to any third party or create any rights in rem thereon; and
- The diesel vehicle in respect of which you are making the Claim was manufactured in the period between September 1, 2009 and September 1, 2019 (the Relevant Period) and was registered in the Netherlands during that period. The vehicle does not have to have been registered in the Netherlands during the entire period.
SEC will perform the assignment to the best of its ability and with care. It gives no guarantees and does not guarantee the achievement of any result and is in no way liable for damages in this respect.
SEC may, at its sole discretion, determine how it performs the assignment. SEC is entitled to terminate this assignment at any time, even if no result has yet been achieved. In that case, of course, you do not have to pay anything to SEC. SEC is not liable for any damages resulting from a decision to terminate the assignment.
SEC is entitled to offset the Success Fee against any amounts it may receive on your behalf. If you receive funds directly in satisfaction of your Claim, you are required to notify SEC. In the latter case, you must pay the Success Fee to SEC upon first demand.
Because multiple claim initiatives are underway, it is possible that your Claim may be satisfied in whole or in part in a way that cannot be determined whether that is (partly) due to SEC's efforts. For this reason, if you receive compensation, the Success Fee is always owed by you to SEC regardless of whether the satisfaction is related to SEC's efforts. This also applies, for example, if you receive compensation from a claim initiative in which you have enrolled in violation of these Terms of Participation, or in which you are enrolled at the time of your enrollment with SEC, or if you would enter into a settlement with Renault of your own volition.
You must promptly inform SEC of any facts and circumstances that may be relevant in connection with the performance of the agreement.
Exclusion of liability and indemnity
SEC is only liable to you or others for a failure in the performance of the assignment , if on its side there is intent or deliberate recklessness. Any other form of compensation is completely excluded.
A claim for damages must, under penalty of forfeiture of this right, be submitted in writing to SEC within two months after you discovered or reasonably could have discovered the damage.
Revocation and withdrawal
Up to 14 days after registration you can revoke this agreement free of charge. Revocation is done by e-mail to [email protected]. You will receive a confirmation of the revocation. After that period, this contract is no longer revocable by you.