These are the conditions of participation of the Stichting Green Claim, Chamber of Commerce No. (81167466), further referred to as SGC) regarding On three class actions initiated by SGC against the following car manufacturers: Mercedes-Benz Group AG, Renault S.A. and Stellantis N.V. (the Procedure).
The Proceedings are brought on your behalf in part to compensate you for the loss that you have suffered as a result of the sale or lease to you by one of the car manufacturers of a diesel vehicle (M1 or N1) that did not comply with the applicable emission regulations. The damages claimed by SGC on your behalf is hereinafter referred to as the Claim. It specifically concerns diesel vehicles of the following brands: Mercedes (produced by Mercedes-Benz Group AG), Renault (produced by Renault S.A.), Peugeot, DS, Citroen, Opel and Vauxhall (produced by Stellantis N.V.)
In this document you will find all 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 charge for your registration, except and until success is achieved for you. Success means anything you receive in the future on the Claim, regardless of who pays for it and regardless of on what basis (court judgment or settlement in the Proceedings) you receive it. You agree agree that any time a payment under the Procedure becomes available to you, a portion of the Claim will be applied by SGC to reimburse the costs of the Proceedings (see under ‘Success Fee’ below).
Assignment and power of attorney
By your registration and participation you give SGC instructions and power of attorney to represent broadest sense of the word to represent your interests in the collective action against the car manufacturers from whom you purchased a diesel vehicle and in any subsequent possible follow-up proceedings, to the extent that these may prove necessary to obtain compensation for the suffered by you.
This power of attorney is exclusive (with the right of substitution) and includes the right to do anything that SGC deems necessary to collect the Claim, including - but not limited to - conducting proceedings, including the pending class action, settlement, and/or the filing an opt-out or opt-in declaration if a settlement is reached reached. SGC may determine whether in doing so it acts on your behalf or in its own name. Exclusive means that you cannot (also) give permission to another representative to claim the Claim from the car manufacturers or to represent your interests in that respect. Claim or to represent your interests in that respect. You confirm and guarantees that at the time of registration with SGC you have not already registered with any other advocate.
Success Fairy
SGC itself bears all costs incurred in carrying out the assignment. If and to the extent that success is achieved, as above described, you will owe SGC compensation in the amount of up to 25% of the success achieved for you (the Success Fairy). You agree to that fee being paid to SGC by set-off paid. SGC will try, without giving any guarantee to that effect, to ensure ensure that the car manufacturers also reimburse you for the Success Fee payable by you. reimbursed.
You state:
Further provisions
SGC will carry out the assignment to the best of its ability and with due care. It gives no guarantees and does not guarantee the achievement of any result and will not be in no way liable for damages in this respect.
SGC has discretion in how it carries out the assignment. It is at entitled to terminate this assignment at any time, even if no no result has been achieved. In that case, you will of course not have to pay anything to SGC pay. SGC is not liable for any damage resulting from a decision to terminate the assignment.
SGC is entitled to set off the Success Fee against any amounts it may receive for you receive. If you receive funds directly in satisfaction of your Claim, you are obliged to report this to SGC. In the latter case, you must pay the Success Fee therefrom to SGC on demand.
Because multiple claim initiatives are ongoing, it is possible that your Claim may be may be met in whole or in part in a way where it cannot be determined whether that is (partly) due to the efforts of SGC. For that reason, if you receive compensation, the Success Fee will always be payable by you to SGC due, regardless of whether the satisfaction is related to the efforts of SGC. This also applies, for example, if you receive compensation from a claim initiative in which you have registered in breach of these terms and conditions of participation registered, or in which you are registered at the time of your registration with SGC, or if you would enter into a settlement with the car manufacturers.
Information
You must inform SGC immediately of any facts and circumstances which may be relevant in connection the performance of the contract may be relevant.
Exclusion of liability and indemnity
SGC is only liable to you or others for a shortcoming in the performance of the engagement, if there is intent or deliberate deliberate recklessness. Any other form of compensation for damages is entirely excluded.
A claim for damages must, under penalty of forfeiture of this right no later than two months after you have discovered or reasonably could have discovered the damage. reasonably could have discovered the damage must have been submitted in writing to SGC.
Revocation and withdrawal
Up to 14 days after registration, you can revoke this agreement free of charge. Revocation is done via this form. You will receive a confirmation of the withdrawal. After that period, this order is no longer revocable by you.
Validity and amendments
If one or more provisions in these terms and partially null and void or may be annulled, the remaining other provisions of these conditions shall remain fully applicable. SGC is authorised to to make amendments to these terms and conditions. These amendments will take effect take effect at the time announced. If no time is indicated the amendment will take effect as soon as it has been communicated by SGC.
Transfer
SGC shall be free to assign its rights and obligations under this agreement to a third party. SGC is also authorised to have the assignment in whole or in part by a third party.
Complaints
If you have a complaint about the services provided by SGC, you can send it in writing or electronically to the Board of SGC. Info@emissionclaim.nl. The board will then ensure that you are contacted within a reasonable time to contact you to discuss the complaint and will endeavour to remove the reasons for the complaint, if justified.
Choice of law and forum
All agreements between you and SGC are governed exclusively by Dutch law. applicable. All disputes that may arise between you and SGC as a as a result of this agreement or further agreements and other actions in connection with the present Contract - will be settled by the settled by the District Court in Amsterdam.
