Highest company call-out charges?

Questioner

A company is located in Achtmaal and comes to Heythuysen for a repair, 120 km, 1 hour and 25 minutes drive. It is not an urgent job and also not a weekend. Called in the morning if they could come that day for repair. They had to be in Asten the same day, so this was possible. He came to me first and the mechanic then worked the entire day in Asten, as I understand from my contact with the company in question. Now I am being charged €190 ex VAT call-out fee. (incl VAT €230). They say they charge 1.60 per kilometre, personally I find this very much, hence the question whether this is fair. I was not informed of this travel allowance by telephone; they have never charged me this in the past either. From the hearing I learned that they had drawn up new rules for this. However, I cannot find anything about this in the payment conditions that are attached to the invoice. METAALUNIE TERMS AND CONDITIONS of 1 January 2019 apply in this regard.

Lawyer

First of all, it is important to understand that there are no specific regulations in Dutch law on these matters. Providers are free to set their own prices for their services, including call-out charges, as long as they remain reasonable. In your situation, these call-out charges may be considered unreasonable or disproportionate, given that they were never communicated to you and have never been charged in the past. An important principle in contract law is that both parties must be aware of the terms in order to conclude a valid agreement. If the Metaalunie conditions apply, it is important to read them carefully. They may mention call-out charges. If not, you can refer to them. Furthermore, if there were no prior agreements about such call-out charges, and you were not clearly informed that new rules were in place, you may be able to take the position that you do not agree to them. After all, the verbal agreement did not include these charges. It may be wise to seek professional legal assistance if you feel compelled to really contest the case. Furthermore, it is advisable in the future to ask clearly what the total costs will be before you agree to an assignment. It is also a good practice to always record such agreements in writing for reference. ---------------- Please note! This advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.