1. These general terms and conditions apply to all orders (including additional and follow-up orders) carried out by Maya Letselschade B.V. (the person who provides its services on behalf of the office, hereinafter referred to as: “Maya”) as contractor. Unless otherwise agreed in writing.
2. The execution of the orders provided only takes place for the benefit of the client. The natural or legal person who seeks the help of “Maya”. Third parties cannot derive any rights from this execution.3. The assignment means the work to be determined by mutual agreement between the client and Maya that must be performed by Maya and the terms under which this must be done. 4. All provisions of these terms and conditions are in force between the parties, unless the content, nature or scope of the assignment granted dictates that has been switched on for a certain period of time.6. The client, who has once been contracted under these terms and conditions, is deemed to have tacitly agreed to the applicability of these terms and conditions to orders later concluded with Maya.
7. The applicability of any other terms and conditions of the client is expressly rejected.
8. If one or more provisions of these terms and conditions are null and void or should be annulled, the other provisions of these terms and conditions will remain fully applicable. The provision (s) that were annulled or void in that case has a corresponding meaning as far as possible.
9. The agreement is concluded when the client has given the order by signing, returning and receiving the order confirmation by Maya.10. The client instructs Maya to represent interests with regard to the damage suffered and suffered by the client as a result of the incident.
11. The work that Maya performs for the client is called extrajudicial legal assistance. This means that Maya tries to recover the damage suffered and suffered by the client without court intervention. During the processing of the case, Maya ensures the shipment of all relevant
documents to the client. The client is responsible for keeping these documents. If the client wishes to have the documents in the file sent again, Maya will charge the client for the reasonable costs incurred for this purpose.
12. When carrying out her work, Maya takes the necessary care that can reasonably be expected of her, given the circumstances. However, the office cannot guarantee the intended result.
13. If the work is intended to achieve a certain (financial) end result, Maya will endeavor to achieve this result, but will not guarantee that this intended end result will actually be achieved.
14. Maya is entitled to engage third parties in the execution of the client's agreement. When selecting third parties, Maya will take due care and will make every effort to achieve a high level of service, but does not guarantee this.
15. Telephone conversations can be recorded for training purposes.16. All orders, notwithstanding articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code, are given and accepted exclusively by Maya, as well as the order that is expressly or implicitly given by the client, with the intention that the assignment will be carried out by a specific person.
17. If the client unexpectedly suffers damage as a result of an event that leads to liability on Maya's part, this liability is always limited to the amount that is paid out under Maya's professional liability in the present case, plus the deductible under that insurance. Any other liability is excluded. However, if Maya is legally liable to compensate damage and this is not paid out under the insurance, any liability is limited to double the fee charged to the client in that case with a maximum amount of €10,000.00. Maya and those who work for her or who worked for her are never personally bound or liable.
18. Twelve months after the event causing the damage (for which Maya is liable), the right to compensation expires.
19. Maya consults with the client as much as possible when third parties not belonging to her organization are engaged. Any liability on the part of Maya for the shortcomings of these third parties is excluded. Client agrees that his or her data that is relevant to the assignment and necessary for carrying out the assignment will be shared with third parties mentioned in this article.
20. The client must ensure to refrain from taking all actions that frustrate or make the execution of the assignment by Maya impossible.
21. If and as long as the case is being dealt with by Maya, the client is obliged to provide all necessary cooperation in connection with the handling of the case, to provide accurate information and to make all relevant documents available. If the client terminates the business with Maya prematurely or if the provisions of the first sentence of this article are not complied with, Maya can charge the client for the costs already incurred and/or set off against the advances provided or to be provided by the (insurer of the) liable party to the client.
22. The client indemnifies Maya against all third-party claims that are directly or indirectly related to the work carried out on behalf of the client. Except when there is intent or gross negligence on Maya's side.
23. To carry out the work, the client is obliged to pay Maya a fee, plus sales tax, with the exception of activities as an advocate in personal injury cases. The fee includes the hourly rate multiplied by the number of hours worked for the client. Maya sets the hourly rate.
24. Costs other than those mentioned in article 10 will be charged separately (including court fees, travel costs, involving experts).
25. Maya reserves the right to index the hourly rate annually based on any cost increases.
26. If the extrajudicial costs are reimbursed by a counterparty, the client authorizes this other party to pay the fee directly to Maya.
27. In principle, the costs are declared every month. The payment period is 14 days from the invoice. If payment is not made, an interest of 1% will be charged per month. Maya is also authorized to interrupt the work in such cases.28 If Maya performs work for a client who is insured for legal assistance, the costs of these activities will be borne by the client until it has been agreed between Maya and the relevant legal aid that there is full compensation for the work that Maya performs on behalf of the client.
29. If you have taken out legal expenses insurance, you must report your damage to this insurer. In any case, do this within three years of the date of the accident in connection with a statute of limitations.
30. For a period of 5 years after the settlement or closure of a case, the file will be kept in Maya's (digital) archive. Requesting old files from this archive involves costs.
31. After the expiry of this period, the file and the documents contained therein will be destroyed without further notice.
32. Subject to obligations imposed by law to disclose certain information, Maya is obliged to maintain confidentiality with regard to third parties who are not involved in the execution of the assignment. This confidentiality concerns all confidential information provided to it by the client and the results obtained by processing it.
33. The Client is obliged to observe confidentiality with regard to all information and documents relating to the assignment, which are reasonably regarded as confidential and secret.
34. Maya is entitled to forward all (medical) information and data that is important for assessing the damage to the other party concerned or its insurer, or its representative, as well as any other parties necessary to settle the claims.35. Dutch law applies to the legal relationship between
client and Maya.
36. If a dispute has arisen between the parties as a result of an agreement to which these terms and conditions apply in whole or in part, or as a result of other agreements resulting from such an agreement, both parties are authorized to submit this dispute to the civil court of a district to be determined by the contractor. If the parties jointly consider that a dispute is better suited to resolution through arbitration, binding advice or mediation, such a dispute will first be submitted to a mediator to be jointly appointed by the parties.
37. Disputes submitted to the civil courts will be
subject to the judgment of the competent court where the contractor is located, unless the law has declared another court to do so by mandatory law. The agreement and the resulting agreements are exclusively governed by Dutch law.
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