Terms of service

1. General Terms and Conditions (Draft) These terms and conditions have been drawn up to govern the relationship between the Foundation (contractor) and the Victim (client).

GENERAL TERMS AND CONDITIONS Foundation Bureau Fraude Recht & Geldzaken

Article 1. Definitions

  1. Foundation: Stichting Bureau Fraude Recht & Geldzaken, located in Almere (Chamber of Commerce: 64698580).

  2. Participant: The natural person or legal entity who has registered with the Foundation to file a claim.

  3. Agreement: The contract of assignment between the Foundation and the Participant to recover damages.

  4. The Case: The specific collective claim (e.g., GoodWood/Floresteca/ATF) for which the Participant has registered.

  5. No Cure No Pay: A fee that is only due if a successful result is achieved.

Article 2. Formation of the Agreement

  1. The Agreement is established the moment the Participant has fully completed and submitted the digital registration form on the website and has paid the one-time registration fee (if applicable).

  2. The Foundation reserves the right to refuse a registration without giving any reason, for example, if the claim does not meet the criteria of the collective action.

Article 3. Assignment and Power of Attorney

  1. The Participant hereby grants the Foundation the assignment and power of attorney to take all possible legal and extrajudicial steps on his/her behalf to recover the damage from the liable parties.

  2. This power of attorney also includes the right for the Foundation to engage lawyers, bailiffs, and other experts on behalf of the Participant.

  3. The Foundation is free to reach a settlement (settlement agreement) on behalf of the Participant, provided that it is deemed reasonable and fair by the board.

Article 4. Obligations of the Participant

  1. The Participant is obliged to provide all relevant documents (contracts, proofs of payment, correspondence) fully and truthfully.

  2. The Participant refrains from undertaking independent legal actions against the opposing party as long as the Agreement with the Foundation is active, to prevent interference with the collective procedure.

  3. Address or contact changes must be reported immediately in writing or by email.

Article 5. Costs and Compensation (No Cure No Pay)

  1. Registration Fee: Upon registration, the Participant owes a one-time amount of € [AMOUNT] for administrative costs and file building. This amount is non-refundable.

  2. Success Fee: The Foundation operates on a No Cure No Pay basis. If damages are recovered (via settlement or judgment), the Participant owes a fee of [PERCENTAGE]% (excl. VAT) of the total amount paid out.

  3. The Foundation is entitled to deduct this success fee directly from the funds to be distributed to the Participant.

  4. If no result is achieved, the Participant—apart from the initial registration fee—owes no further costs to the Foundation.

Article 6. Liability

  1. The Foundation has a best-efforts obligation, not a strict obligation to achieve a result. The Foundation cannot guarantee that the claim will be successful.

  2. The Foundation is not liable for damages resulting from the failure of the claim, nor for consequential damages, unless there is intent or gross negligence on the part of the Foundation.

  3. The Foundation is not liable for the consequences of incorrect or incomplete information provided by the Participant.

Article 7. Duration and Termination

  1. The Agreement is entered into for an indefinite period, until the procedure is completed.

  2. The Participant may terminate the agreement prematurely, but in that case is obliged to reimburse the costs already incurred by the Foundation, as well as a percentage of any damages that may still be paid out later.

Article 8. Applicable Law

  1. These terms and conditions are exclusively governed by Dutch law.

  2. Disputes will be submitted to the competent court in the district where the Foundation is located (Central Netherlands, Almere location).