GENERAL TERMS AND CONDITIONS OF INDEMNIFICATIONS OF COURT RULINGS DELAYS
These General Terms and Conditions of Indemnifications of Court Rulings Delays (hereinafter TCICRD) apply to an Agreement (power of attorney/pouvoir) between Yource B.V. and client aiming to secure (material and/or immaterial) damages (in and out of court) in those cases where Yource starts proceedings, proceedings are ongoing, proceedings should or will be started and a late judgment is rendered according to the standards of case law and/or laws or regulations in France (approx. > 7 months after the date the court confirms to have received the Statement of Claim).
The following definitions are used in these General Terms and Conditions of Indemnifications of Court Rulings Delays
the private limited liability company Yource B.V., also acting under, but not limited to the name www.vlucht-vertraagd.nl | www.vuelo-con-retraso.es | www.flug-verspaetet.de | www.vol-retarde.be | www.vol-retarde.fr | www.flight-delayed.co.uk| www.volo-in-ritardo.it| www.vlucht-vertraagd.be | www.fly-forsinket.dk | www.lot-opozniony.pl | www.flight-delayed.com | www.your-ce.com, registered in the Trade Register under reference number 52683702 and has its registered office in Amsterdam, hereinafter to be referred to as Yource;
General Terms and Conditions of Indemnifications of Court Rulings Delays:
The present General Terms and Conditions of Yource B.V., and hereinafter referred to as GTCDRR;
the customer of Yource, who by means of a power of attorney agreed and consented to claim damages for exceeding the reasonable time within which the court or judicial authority or institution had to render judgment. The client can be an independent customer but can also be the representative who enters an agreement with Yource B.V. on behalf of (co) passengers such as (a) parent(s), guardian(s) or the lead passenger of a travelling party.
Claim for indemnification:
Claim sought by Yource's attorney(s) on behalf of the client(s) on a "no win, no fee" basis.
if applicable; the Client who entered a travel or transportation agreement with an airline or Tour Operator on behalf of other passengers and/or has paid for these co-passengers, and/or collect the funds on behalf of the various clients if granted.
The party to be addressed by Yource and/or on behalf of the client(s) in a claim for damage.
the Agreement c.q. by Power of Attorney in which an assignment is accepted by Yource and Client(s) based on which the Client provides Yource with a mandate and/or Power of Attorney to claim a (damage) compensation and/or taxes and/or additional costs - from an opposing party. To this end, Yource shall be authorised to perform all necessary and reasonable legal acts to effect the claim. Client(s) explicitly and voluntarily authorise Yource to contract and have a lawyer act for this purpose in the Client's name, insofar as no additional power of attorney for the contract lawyer is mandatory in the country where Yource will take legal action, as well as in respect of all legal acts. Yource is entitled to have any lawyer replaced by an authorised representative acting on behalf of the Client and Yource and/or (again) obliged to act (compulsory legal representation etc). All this takes place on a "no win, no fee" basis.
A fee is never due until Yource has been able to successfully and finally secure compensation. Yource pays all necessary costs for claiming damages, payment of lawyers, court costs, bailiffs for issuing summons, etc. If Yource is unsuccessful, and no financial result is achieved for client(s), all costs for claiming the damages - from stamps, labour hours up to the costs in case of lost proceedings are at Yource's own expense and risk.
In the event that Yource or their lawyers manage to secure and collect compensation, a "no win, no fee" fee will be deducted from the amount to be paid to client(s). To this end, please see the Price List for Indemnifications of Court Rulings Delays.
Should the client(s) wish to cease ongoing proceedings or actions seeking damages, applicable fees may be incurred. Furthermore, in cases where actions or proceedings must be terminated at the client's request under the Privacy Act to delete personal data, and either costs have already been expended or discontinuation would result in significant expenses, such costs will be determined based on the status of the claim.
Yource explicitly retains the right to adjust the 'no win, no fee' fee at any time, provided that such an increase can be justified by a government-mandated rise in VAT or any other legally required payment related to tax or licensing regulations.
Yource shall and is entitled to replace any void, voidable or non-binding provision(s) by provisions which are not void, voidable or binding and which deviate as little as possible, from the purpose and purport of these Terms and Conditions.
Reference to hyperlinks; yes, I agree to that
The acceptance of any agreement with Yource also implies that you have explicitly agreed to a reference to all applicable conditions and a privacy statement through a hyperlink, for acknowledgement and through which these can be consulted, printed or saved.
Right of withdrawal:
the possibility of the client to refrain from the agreement remotely within the statutory cooling-off period. Some services are performed once. An example of such a service is for instance a solitary advice or legal action. In principle the right of withdrawal applies when these services are ordered remotely. The right of withdrawal also exists when a consumer/client has consented with the providing of the service or the start of the (customised) work to be done within the cooling-off period. By signing the Power of Attorney/mandate the client explicitly states to consent with the immediate start of the activities to be performed by Yource. In the case that the Client after signing the Power of Attorney/mandate the client still states to want to utilise the applicable cooling-off period, Yource will be forced to charge for the reasonable expenses incurred.
The activities commence as soon as the client has instructed Yource by signing the Power of Attorney/mandate. Yource is the only entity authorized to determine whether the claim should be initiated. Yource explicitly reserves the right to make this assessment and to discontinue any action or request its cessation. However, Yource is obliged to inform the Client(s) if a favourable financial outcome has been achieved.
Yource B.V. and/or its affiliated companies, websites, brand names and trade names Postbus 3650
1001 AL Amsterdam
Telephone number The Netherlands: 020 261 67 61
Reachability: Monday-Friday from 09:00 to 12:00 and from 14:00 to 17:00.
Registered with the Dutch Chamber of Commerce Trade Register under number: 52683702
Yource will handle the Client’s (personal) data with care. The client grants Yource unequivocal permission for the processing of the personal data submitted/uploaded/supplied by the Client and the use of this in the course of business. The personal data of the Client(s) is shared with the other party, (judicial or enforcement) authorities, or with the alternative dispute resolution for the purpose of submitting a claim or taking legal action.
The Client(s) - the proxy(s) grant(s) Yource permission to supply their personal data to legal partners/lawyers whenever necessary. The TCICRD also apply to the legal partners of Yource and/or the TCICRD are enforceable on them as well, as well as in all cases that legal actions are performed to achieve and collect a claim.
Our complete Privacy Statement is on the website via which the client(s) has uploaded his personal data.
The Client or lead passenger on behalf of clients or co-passengers declares that all information provided is accurate, complete and true by signing the power of attorney.
The Client will always comply with Yource’s instructions regarding the Claim and will, insofar legal, opportune, reasonable or justified, proceed to follow these instructions. Yource cannot be held liable and/or responsible for any damage and/or the expiration of legal terms or limitation periods resulting from the Client's failure to do so.
If the Client's contact details change after the Agreement has been entered into, the Client will immediately inform Yource of these changes. Yource cannot be held liable and/or responsible for the loss of time and/or the expiration of legal terms or limitation periods or for any other negative consequences resulting from the Client's failure to provide accurate contact details or the failure to inform Yource of any changes.
The Client is not permitted to transfer the Claim to a third party at any time during the Extrajudicial Process and the Judicial Process, unless expressly agreed upon by Yource in writing and at a possible cost.
The client is allowed to terminate the Agreement prematurely, yet only if Yource is explicitly informed of this in writing. There are related costs to cancelling the agreement prematurely, in accordance with the provisions of these GTCDRR.
In case (part of) the compensation will be paid out by the other party, the Client(s) will owe a success fee of the total collected or claimed compensation amount. In case the compensation is awarded to Yource via a court judgement, all awarded legal costs will only accrue to Yource. If payment is made to Yource, the "no win, no fee" fee will be deducted from the payment to be received by client(s).
If compensation is awarded, Yource can only and will only make payment to client(s) if the other party no longer has any possibilities to appeal, object in court or otherwise still has possibilities to challenge the awarded compensation. All our fees are inclusive of applicable VAT.
If a judgment awarding compensation is final, and no further legal recourse is available for the other party to object or appeal it, the amount received by Yource intended for client(s), no later than 60 days after the funds and the correct bank account details are received by Yource. Payments to the Client will be made to the bank account provided to Yource by the Client. Yource cannot be held liable for any damages resulting from the provision of erroneous bank account details by the Client. If any foreign bank charges an additional fee for the transfer of the funds to the Client's account, these costs will be charged to the Client. Yource will deduct this amount from the compensation due and these costs are charged to the client(s) in case any payment was received directly by the client from the other party.
Yource, cq its lawyers, has a best-efforts obligation to investigate and bring about the claim for damages of client(s). In case and insofar as a result with a probability bordering on certainty appears possible from the research of Yource – to collect the Claim, without there being any sort of result commitment. The research results of Yource are determinative and are not considered to qualify for correspondence. As there is an agreement to provide services, Yource must observe the due care of a good contractor in doing so. In this case, this entails that the (legal) administrative workers must act as reasonably competent and carefully acting professionals.
Any further liability of Yource, except in the event of willful misconduct or gross negligence, is excluded unless otherwise prescribed by mandatory law. This exclusion of liability also covers - except for and at the most the damages awarded and collected by Yource or its lawyers minus the "no win, no fee" fee – but is not limited to: all (in)direct damage, intangible loss, loss of profit and trading loss of whatever name and for whatever reason. Yource and/or its (legal) administrative workers and/or lawyers can also rely on this in the case.
Any claim to obtain the compensation and/or any benefit expires after one year from the date Yource has demonstrably tried to inform client of the result achieved.
Yource cannot be bound to fulfil any responsibility toward the Client if it is hindered to do so as a result of force majeure or a circumstance beyond its power, including those responsibilities that would fall under Yource’s accountability under the law, a legal transaction or generally accepted standards. Force majeure includes the following: all outside factors, anticipated or not anticipated, over which Yource does or did not have any control, which causes Yource to be unable to fulfil its responsibilities to the Client. Yource is also entitled to invoke force majeure if such a circumstance prevents or renders impossible the (further) fulfilment of the Agreement after Yource should have fulfilled any obligation under the agreement/power of attorney with the client(s). Yource will be permitted to suspend its obligations toward the Client while the force majeure persists, after which any obligation expires after a period of one year measured from the obtaining of the assignment/power of attorney of the client(s).
French law applies to the agreement seeking to obtain Indemnifications of Court Rulings Delays as the claim for this indemnification can only be brought in France.
If an international agreement, Directive, Supreme Court ruling or regulation contains a contradictory provision to these general terms and conditions, the provision most favourable to the consumer shall apply. The other clauses of these terms and conditions will then remain unaffected.