These are the conditions of participation of the Emission Claim Foundation, Chamber of Commerce No. (81167466), further referred to as SEC) regarding On three class actions initiated by SEC 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 emission regulations in force. The damages that SEC claims 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 SEC to reimburse reimburse the costs of the Proceedings (see under 'Success Fee' below).
Assignment and power of attorney
By your registration and participation you provide SEC with instructions and power of attorney to represent in the broadest sense of the word to represent your interests in the collective action against the car manufacturers from whom you bought a diesel vehicle and in any subsequent any subsequent proceedings, to the extent that these may prove necessary to obtain compensation for the damage you suffered by you.
This power of attorney is exclusive (with the right of substitution) and includes the right to do anything SEC 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 statement if a settlement is reached reached. SEC may determine whether it is acting on your behalf or in its own name. Exclusive means that you may not (also) give permission to another advocate to claim the Claim from the car manufacturers or your interests in that context. Claim or represent your interests in that regard. You confirm and guarantees that at the time of registration with SEC you have not already registered with any other advocate.
SEC itself bears all costs incurred in carrying out the assignment. If and to the extent that success is achieved, as above described above, you will be liable to pay SEC a fee in the amount of up to 25% of the success achieved for you (the Success Fairy). You agree to that fee being paid to SEC by set-off paid. SEC will endeavour, 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.
SEC will perform the assignment to the best of its ability and with care. It does no guarantees and does not guarantee the achievement of any result and shall not be not liable for damages in any way.
SEC may exercise its discretion as to 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 SEC pay. SEC is not liable for any damage resulting from a decision to terminate the assignment.
SEC 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 SEC. In the latter case, you must pay the Success Fee therefrom to SEC on demand.
Because multiple claim initiatives are ongoing, it is possible that your Claim may be may be satisfied in whole or in part in a manner where it cannot be determined whether that is (partly) due to SEC's efforts. For that reason, if you receive compensation, the Success Fee will always be payable by you to SEC payable by you, regardless of whether the satisfaction is related to the efforts of SEC. This also applies, for example, if you receive compensation from a claim initiative in which you have registered in breach of these Conditions of Participation registered, or in which you are registered at the time of your enrollment with SEC, or if you would enter into a settlement with the automobile manufacturers.
You must inform SEC immediately of any facts and circumstances that may be the performance of the agreement may be relevant.
Exclusion of liability and indemnity
SEC shall only be liable to you or others for any failure in performance of the assignment, if on its part there is intent or deliberate deliberate recklessness. Any other form of compensation is entirely excluded.
A claim for damages must, under penalty of forfeiture of this right within two months after you discovered or reasonably could have discovered the damage. could reasonably have discovered the damage must be submitted in writing to SEC.
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 remain in full force and effect. SEC is entitled to to amend these terms and conditions. These amendments will take effect effect at the time announced. Where no time is specified the amendment will take effect as soon as it is notified by SEC.
SEC shall be free to assign its rights and obligations under this Agreement to a third party. SEC is also authorised to have the assignment in whole or in part by a third party.
If you have a complaint about the services provided by SEC, you can send it in writing or electronically to the SEC Board Info@emissionclaim.nl. The board will then ensure that 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 SEC are exclusively governed by Dutch law. applicable. All disputes that may arise between you and SEC - either in pursuant to this agreement or any further agreements and other actions in connection with this agreement - will be by the District Court in Amsterdam.