Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following terms written with a capital letter have the following meaning:

• 1.1 the Foundation: Stichting Veilige Bakfiets, a foundation established under Dutch law, with its registered office in Utrecht, registered in the Commercial Register of the Dutch Chamber of Commerce under number 95871454.
• 1.2 the Participant or you: the person who has registered with the Foundation as a participant and has accepted these terms and conditions. You are a Participant within the meaning of the Foundation's articles of association.
• 1.3 Babboe: the party the Foundation intends to hold liable. Babboe B.V. was initially a separate legal entity, but has been merged into Accell Nederland B.V.
• 1.4 Cargo Bike Owners: all people who have suffered damage caused by a Babboe cargo bike.
• 1.5 the Damage: the damage you have suffered because you bought or leased one or more Babboe cargo bikes. Examples of damage include:
• • a. loss of value of your cargo bike;
  • b. costs incurred because you could not use the cargo bike due to safety issues;
  • c. additional costs for maintenance or repairs;
  • d. costs of alternative transport;
  • e. stress or personal injury;
  • f. business losses, if you used the cargo bike for your work and your business suffered damage as a result.
    
    This is not an exhaustive list. Have you suffered other damage related to your Babboe cargo bike? That damage may also fall under 'the Damage'.
• 1.6 success fee: the part of your compensation to which the litigation funder is entitled if the action is successful, as referred to in Article 8.

Article 2 - Applicability and acceptance

• 2.1 These terms and conditions apply to your participation in the Foundation's collective action and to the legal relationship between you and the Foundation.
• 2.2 By registering as a Participant, you accept these terms and conditions.
• 2.3 You have read the articles of association [insert active link] and understand what the Foundation does and aims to achieve. Under its articles of association, the Foundation may enter into this legal relationship with you.

Article 3 - Background

• 3.1 Stichting Veilige Bakfiets is preparing a collective action against Babboe.
• 3.2 On 14 February 2024, the Dutch Food and Consumer Product Safety Authority (NVWA) prohibited Babboe from selling cargo bikes. The NVWA advised owners to stop using their cargo bike until further investigation had been carried out. On 2 April 2024, Babboe announced a recall. The reason: the frames of the cargo bikes could break. That was dangerous. Investigation showed that most, or even all, Babboe cargo bikes are not safe.
• 3.3 Depending on the model and age of the cargo bike and where you live, Babboe offers owners one of the following options:
• a. a replacement;
• b. an inspection and repair of your cargo bike; or
• c. a discount voucher equal to the current market value of your cargo bike towards the purchase of a new bike from Babboe or one of its 'family brands';
• d. a sum of money.
• You decide whether to make use of (one of) Babboe's options. You can also participate if you have already made use of them. Please note: this may affect how much compensation you (possibly) receive later.
• 3.4 The Foundation acts on behalf of all Cargo Bike Owners. It will try to reach a settlement with Babboe for the Cargo Bike Owners. If that fails, the Foundation will go to court. It will do so under Article 3:305a of the Dutch Civil Code on behalf of all Babboe cargo bike owners at once.

Article 4 - Support for the Foundation's objective

You support the Foundation's objective. You agree to a court ruling or a settlement the Foundation achieves for you.

Article 5 - The Foundation's decision-making authority

The Foundation decides for itself which steps to take. It does so in the interest of all Participants. The Foundation may engage others for this purpose, such as lawyers and other advisers. If the Foundation considers a settlement offer from Babboe inadequate, it may reject it.

Article 6 - Power of attorney

You grant the Foundation a power of attorney to, on your behalf:

• a. initiate and continue legal proceedings;
• b. use other means of resolving a dispute, such as mediation;
• c. negotiate with Babboe;
• d. conclude or reject a settlement agreement with Babboe;
• e. inform the court (or a party designated by the court) whether you wish to be bound by the outcome of the case or settlement (opt-in or opt-out);
• f. vote in any insolvency or debt restructuring proceedings concerning Babboe;
• g. provide all information required to pay compensation to you;
• h. do everything else necessary to support the above; and
• i. request, receive, inspect and process information, including personal data, on your behalf from Babboe under Articles 15 and 20 of the General Data Protection Regulation.

Article 7 - Irrevocability of the power of attorney

You grant the Foundation an irrevocable power of attorney. This means that the Foundation may also act directly in your name for all actions referred to in Article 6. The Foundation decides for itself when to do so, always in your interest and in the interest of you and the other Participants.

Article 8 - Funding and success fee

• 8.1 For the performance of its statutory activities, the Foundation may enter into an agreement with an external funder. Collective legal proceedings are costly. To cover these costs, the Foundation can draw on a loan provided by litigation funder Winward. You do not have to pay anything in advance. You therefore run no financial risk.
• 8.2 If the action is not successful, you pay nothing. If the action is successful and you receive compensation, the litigation funder is entitled to part of that compensation. This is called the success fee.
• 8.3 The amount of the success fee depends, among other things, on when the case is concluded, but will never exceed 25% plus any VAT payable by the Foundation. The sooner the case is successfully concluded, the more you receive.

Article 9 - Recovery of the success fee

The Foundation will try to recover the success fee from Babboe as much as possible. Only if that does not sufficiently succeed will the success fee be deducted from your compensation. That only happens if you actually receive compensation.

Article 10 - Payment of compensation

You agree that compensation may be paid directly to the Foundation, so that the Foundation can arrange the distribution to you and the litigation funder. If Babboe pays the compensation directly to you, you are obliged to pay the success fee to the Foundation within 14 days of receipt.

Article 11 - Participant's representations

By agreeing to these terms and conditions, you confirm that:

• a. you have bought or leased one or more Babboe cargo bikes and have suffered damage as a result;
• b. you have not yet brought legal proceedings against Babboe in relation to your cargo bike (parallel proceedings);
• c. you have no other pending or parallel proceedings against Babboe concerning your cargo bike;
• d. you support the purpose and objectives of the Foundation, and agree to the Foundation bringing a collective action for you and other Participants.

Article 12 - Accuracy of information

You ensure that all information you provide to the Foundation is accurate, up to date and complete. You will inform the Foundation if anything changes. The Foundation will only disclose your identity and Damage if this is required by law or ordered by a court. In that case, the Foundation will not ask for your consent again.

Article 13 - Provision of information

You will provide the Foundation with all information and documents it requests. This enables the Foundation to determine whether you are entitled to compensation, and how much.

Article 14 - Limitation periods and interruption

Registering as a Participant may not interrupt the limitation period for holding Babboe liable. You accept this as your own risk. Do you want to be certain that you will not lose your rights? Then you can take action yourself, for example by holding Babboe liable directly. In doubt? Seek legal advice.

Article 15 - No guarantee of success

The Foundation will do its utmost to achieve its objectives. However, the Foundation cannot guarantee a favourable outcome. Collective legal proceedings can be costly and time-consuming, and unforeseen risks may arise. The Foundation does not guarantee success.

Article 16 - Liability

You acknowledge that the Foundation, its board, its supervisory board, its lawyers and other advisers, and the litigation funder are not liable to you for any claims related to conducting the legal proceedings or concluding a settlement. This does not apply in the event of intent or deliberate recklessness on the part of the Foundation.

Article 17 - Withdrawal

You may cancel your participation within fourteen (14) days of registration, without giving reasons. You can do so by sending an e-mail to info@veiligebakfiets.nl. The Foundation will confirm receipt in writing within 30 days.

Article 18 - Later termination

You can also terminate later by sending an e-mail to the same address. In that case, you remain obliged to pay the success fee if the case is ultimately successful. This is reasonable, because the Foundation has already incurred costs and taken risks on your behalf. Your participation does not end upon your death, guardianship or bankruptcy, or if you are subject to the Dutch Natural Persons Debt Restructuring Act (Wsnp).

Article 19 - Termination by the Foundation

The Foundation may terminate its activities and your participation at any time. In that case, the Foundation waives its right to the success fee.

Article 20 - Amendment and transfer

The Foundation may amend these terms and conditions. You will be informed in good time. If an amendment is significantly detrimental to you, you may end your participation. You will then have no further obligations. The Foundation may also transfer its legal relationship with you to another party, without your consent. Your rights and obligations will remain the same.

Article 21 - Performance

Only the Foundation performs these terms and conditions. Other persons or organisations are not liable under these terms and conditions. People and service providers working for the Foundation do so on behalf of the Foundation and not on their own behalf.

Article 22 - Applicable law and competent court

These terms and conditions and your participation are governed by Dutch law. If you and the Foundation cannot resolve a dispute together, the dispute will be submitted to the Amsterdam District Court.

Article 23 - Final provision

If any article of these terms and conditions is invalid or unenforceable, the other provisions continue to apply. The invalid article will then be replaced by a provision that comes as close as possible to the original intention.

This agreement is governed by Dutch law. Disputes will be submitted to the competent court in Utrecht. Questions about this agreement? E-mail info@veiligebakfiets.nl.