Kracht! Letselschade B.V. is registered with the Chamber of Commerce under number 75227045, with its registered office at Dennenweg 14, 8172 AJ Vaassen.
Article 1 – Definitions
1. In these general terms and conditions, the following terms are used in the following
sense unless expressly stated otherwise:
a. Client: any natural person who has entered into or wishes to enter into an
Agreement with Kracht! regarding the settlement of claims.
b. Kracht!: Kracht! Letselschade B.V. having its registered office in Vaassen, as well
as the franchise branches and franchisees affiliated with Kracht!, which jointly
and/or separately represent interests in connection with personal injury or loss of
dependency suffered by Client.
c. Agreement: the contract for services between Kracht! and Client (agreement for
representation of interests).
Article 2 – Applicability
1. These general terms and conditions apply to all offers, quotations and Agreements
between Kracht! and Client, as well as to all resulting obligations, whereby Kracht!
undertakes to perform work and/or carry out an assignment for Client.
2. Deviations from these general terms and conditions are only valid if they have been
agreed between the parties in writing, explicitly and verifiably.
3. If any provision of these general terms and conditions is wholly or partially invalid or is
annulled, the remaining provisions shall remain in full force and effect. In that case, the
provision in question shall be replaced by a legally valid provision that, in terms of
content and scope, corresponds as closely as possible to the original provision.
4. Kracht! is entitled to unilaterally amend these general terms and conditions. Amended
terms and conditions also apply to existing agreements. Amendments take effect thirty
(30) days after written notification to Client. The most current version of the general
terms and conditions is available via www.krachtletselschade.nl.
Article 3 – Formation of Agreement
1. The Agreement between Kracht! and Client shall only be concluded after a written or
electronically signed order confirmation by the parties. The agreement can be legally
signed electronically, including via DocuSign, or via another electronic signature that
complies with Article 3:15a Dutch Civil Code and the eIDAS Regulation. A signature
placed via DocuSign has the same legal effect as a signature on paper.
Article 4 – Services
1. The Agreement is a contract for services within the meaning of Article 7:400 Dutch Civil
Code. Book 7, Title 7, Article 1 Dutch Civil Code applies to the Agreement, unless
expressly agreed otherwise in the Agreement or these general terms and conditions.
2. All assignments are exclusively given to and accepted by Kracht!, even if it is expressly
or tacitly intended that a specific person shall carry out the assignment. Sections 7:404,
7:407(2) and 7:409 Dutch Civil Code do not apply.
3. Kracht! performs the work outside of employment for Client with the aim of representing Client’s interests vis-à-vis the (potentially) liable party. In principle, the services consist solely of providing extrajudicial legal assistance; exceptions to this may be made in exceptional cases. If it proves necessary to initiate legal proceedings and Kracht! is
unable to conduct these itself, Kracht! has a network of external specialists at its
disposal to assist Client in this regard.
4. The purpose of the work is to recover as much of the loss suffered or to be suffered by
Client as possible. In carrying out the work, Kracht! shall act as a good contractor and a
reasonably acting and competent professional, but cannot guarantee or warrant that
the intended result shall actually be achieved.
5. Kracht! is authorised to perform all necessary legal acts on behalf of Client that it
deems desirable or necessary for the performance of the assignment.
6. Kracht! is entitled, at Client’s risk and expense, to engage third parties for the
performance of the Agreement, including but not limited to medical or occupational
experts. This shall be done in consultation with Client and in accordance with the
requirements of the National Quality Mark for Personal Injury (NLK, Nationaal
Keurmerk Letselschade).
Article 5 – Rights and obligations of Client
1. Client shall provide all data, documents and other information carriers that Kracht!
deems necessary for the performance of the Agreement in a timely manner, in full and
in the form desired by Kracht!. Client guarantees the accuracy, completeness and
reliability of all information provided, both that which is provided personally and that
which is provided on Client’s behalf. Kracht! accepts no liability for this.
2. Client shall notify Kracht! as soon as possible of any changes in relevant
circumstances, such as medical situation, income, employment relationship or benefits.
3. If Client fails to provide the information referred to in paragraphs 1 and 2, or fails to do
so in a timely manner or provides incomplete information, Kracht! shall be entitled to
suspend or terminate the Agreement by giving written notice to Client. This right also
applies if the information provided proves to be incorrect, incomplete or unreliable.
4. Any loss suffered by Kracht! as a result of Client’s failure to comply with the obligations
under this article shall be charged in full to Client.
5. Client agrees that medical and other confidential information shall be shared with
Kracht!’s personal injury specialists who contribute to the performance of the
assignment. In order to represent Client’s interests, this information may also be
passed on to the other party and other third parties involved in representing Client’s
interests, insofar as relevant.
Article 6 – Fees, costs and payments
1. Under the Agreement, Client shall owe Kracht! the costs of legal assistance, including
advances, in accordance with the rate agreed upon at the time the Agreement was
concluded. All prices and rates quoted are exclusive of value added tax and any other
levies imposed by or on behalf of the government.
2. Kracht! is entitled to adjust the rate applied during the term of the Agreement annually,
with effect from each new calendar year, including, but not limited to, an inflation
adjustment.
3. All legal assistance costs incurred by Kracht! shall initially be submitted for
reimbursement to the (liable) opposing party. The (extrajudicial) costs shall only be
claimed insofar as they comply with Article 6:96 Dutch Civil Code and applicable case
law (double test of reasonableness).
4. Client shall give Kracht! permission via a single general and ongoing authorisation to
collect all extrajudicial costs claimed by Kracht! from the liable party directly. This
authorisation applies to all future costs within the same case and does not need to be
reissued for each invoice.
5. No assignment of claims shall take place. The authorisation exclusively concerns
Kracht!’s right to collect the extrajudicial costs directly on behalf of Client, without
transferring the claim itself.
6. The costs of legal assistance and advances on those costs reimbursed by the (liable)
opposing party shall be set off against the costs referred to in paragraph 1. As long as
the (liable) opposing party fully reimburses the reasonable costs referred to in Article
6:96 Dutch Civil Code, any additional costs for legal assistance shall not be charged to
Client.
7. In the event of contributory negligence (Article 6:101 Dutch Civil Code) and as a result
of which part of the damage or costs is not reimbursed by the (liable) party, Kracht!
may charge these remaining costs to Client. Kracht! may waive this option in whole or
in part, provided that this is confirmed to Client in writing.
8. If, for any reason, costs are charged to Client, a payment term of 14 days after the
invoice date applies, unless otherwise agreed in writing. If Client fails to pay on time,
Client shall be in default. Client shall owe statutory interest from that moment on.
Kracht! is also entitled to suspend the Agreement or terminate it extrajudicially. Without
prejudice to the foregoing, Kracht! may claim additional compensation, including the full
invoice amount. Client shall bear all costs, both in and out of court, incurred by Kracht!
as a result of Client’s failure to meet their payment obligations.
Article 7 – Receipt of payments on behalf of Client
1. Compensation shall in principle be transferred directly to Client. Kracht! may only
receive compensation on behalf of Client in a third-party account if Client has issued
written authorisation to do so.
2. In the above case, Kracht! shall account for all receipts in a transparent manner and
shall immediately pay the amounts to Client, after deducting any agreed fees.
3. Kracht! is not entitled to withhold any amounts without Client’s express prior consent.
Article 8 – Transfer of the case
1. The file may only be transferred to another representative with Client’s prior written
consent, as evidenced by a legally signed and relevant authorisation.
2. If Client terminates the Agreement with Kracht! prematurely, all outstanding legal
assistance costs, including advances and turnover tax, shall become immediately due
and payable, and Kracht! shall be entitled to charge Client for all costs of
representation that have not been or shall not be reimbursed by the liable party.
3. In case the Agreement ends by termination or otherwise, by one of the parties on the
basis of a circumstance attributable to Client, Client shall pay all costs already incurred
and work already performed by Kracht!, as well compensate Kracht! for any loss it may
suffer as a result of this termination.
Article 9 – Liability
1. Kracht! is not liable for loss caused by third parties or experts engaged, including but
not limited to medical or occupational experts.
2. In all cases in which Kracht! may be liable to Client, that liability shall be limited to the
amount paid out by Kracht!’s professional liability insurance in the case in question. If
the insurer does not pay out (except in situations where the premium has not been
paid), Kracht!’s liability shall be limited to the amount charged to Client under the
Agreement, with a maximum of the extrajudicial costs declared in that case in the past
twelve (12) months.
3. Any claim for compensation shall lapse if the claim is not submitted to Kracht! in
writing, with reasons, within six (6) months of the loss occurring.
4. Kracht! shall only be liable for direct loss resulting from or related to the performance of
the Agreement. Kracht! shall not be liable for indirect loss, such as consequential loss,
lost profit, lost savings or damage to third parties.
5. Client indemnifies Kracht! against any claims from third parties related to the work
performed or reports issued by Kracht! in the context of the assignment.
6. The limitations in this article do not apply to loss resulting from intent or deliberate
recklessness.
Article 10 – Privacy and data processing
1. Kracht! processes personal data exclusively for the purpose of performing the
agreement, based on a legitimate interest or legal obligation.
2. Kracht! takes appropriate technical and organisational measures to protect personal
data.
3. Client has the right to access, rectify, restrict, transfer and delete data to the extent
permitted by law.
4. Kracht! retains files in accordance with the statutory retention periods and the
requirements of the National Quality Mark for Personal Injury (NLK, Nationaal
Keurmerk Letselschade). The standard retention period is seven years, unless a longer
retention period is necessary on the basis of legislation or regulations or because of the
interests of Client.
Article 11 – Complaints procedure
1. Client may submit complaints about the performance of the Agreement or Kracht!’s
services via the complaints procedure as stated on Kracht!’s website.
Article 12 – Certification and industry memberships
1. Kracht! is certified according to the National Quality Mark for Personal Injury (NLK,
Nationaal Keurmerk Letselschade) and is a member of the Dutch Institute of Loss
Adjusters (NIVRE, Nederlands Instituut van Register Experts) and the Dutch
Association of Personal Injury Experts (NLE, Nederlandse branchevereniging van
Letselschade Experts). Kracht! adheres to the rules and regulations of these
organisations at all times.
Article 13 – Applicable law and disputes
1. The agreement is governed by Dutch law.
2. Disputes shall preferably be resolved through consultation or mediation. If this is
unsuccessful, the dispute shall be submitted to the competent Dutch court.
If there is any discrepancy between this translation and the original Dutch version, the Dutch text shall prevail.
January 2026