Help with Legal Questions about Roadside Assistance

Questioner

Yesterday I had a car breakdown on the sports field outside our village. The 'big yellow breakdown helper' wanted to help, but at a cost of 90 euros because I did not take out a home service. However, the breakdown service defines place of residence as follows: By 'place of residence' we mean the place where you live and have stated at the ****. The place of residence does not include other places that fall under the same municipality. The sports field is located outside the village centre, so outside my place of residence, but within the municipality. With this I neatly meet the condition to receive free roadside assistance. I feel like the definition of the breakdown helper is not strong. Do I have a case?

Lawyer

As I read it, you will not receive roadside assistance outside your place of residence, including in other places that fall within the same municipality. I fear that the big yellow roadside helper is in the right, so that your legal position in this case is not strong. Only if the sports field falls within your place of residence, then you are entitled to assistance.

Questioner

Sorry, the question was not clear. I have service throughout the Netherlands, except for my own place of residence. So the question is mainly, how does one define place of residence? The sports field is located after the sign indicating the end of the built-up area. This would mean that it is outside my place of residence. However, the associated sports complex does have an address/postcode in the place of residence.

Lawyer

If the complex falls within your place of residence, then this is still within your place of residence even if it is after the sign for the end of the built-up area. It seems to me that the municipality draws a cadastral boundary up to where the place of residence (village centres) is located. You can ask the municipality about this. The breakdown service only looks at the location or place of residence.