Uitspraak
1.De procedure
2.De feiten
“… to compensate the loss of profit of 2 months…”is niet betaald. Evenmin is de schikkingsovereenkomst ondertekend.
As it turned out the very mother fucker was not even on the Island, had already a week of vacation in Miami and was making us believe that he was taking care of ours. This person not only abuse our trust, we lack respect by treating us as idiots by giving us false excuses …”
“this is the company of [eiser sub 1]. This architect scammed us. Let me explain: 1) He was supposed to finish our shop by August 1st so we could start working. But instead he completed his work on October 13th. This delay caused me and my family to spend our money reserves. 2) He was hired and payed to buy all the equipment for our shop. He bought everything with MY money but under his company’s name. 3) He refuses to give us the original invoices and warranties of the equipment he bought for MY company. 4) Everything he bought for us, he did with an OBSCENE OVERPRICE. Ranging from 50% to 200% 5) On October 2016 he agreed to pay us a compensation for the 2 months our shop was closed because of this delay. To this day, we have not received a single dollar.”
“ATTENTION ALL AMERICANS: This company is a complete SCAM (@............._sx). It’s director is ………… (…) and she teamed up with Venezuelan architect [eiser sub 1] (@.........). They are professional scammers. They offer their consultancy services for setting up your business …”
“professional scammer”, “They charge A FORTUNE and don’t deliver what they promised.”, “Spread the word and don’t let these thugs continue taking advantage of honest and hard working people seeking for a better future.”;
“COMPLAINT. The publication I previously made of the Sint Maarten scam architect was deleted from my profile because it was reported as Spam. I want to clarify that I was not the one who eliminated it, nor did I retract at any moment what I have been denouncing about ………. and the architect STAFF. Here I leave the complaint that came out in the prestigious THE DAILY HERALD, to whom we supply the evidence of the great scam of which we were victims. This is just the beginning…”,
“[eiser sub 1] is a SCAMMER, A THIEF, A THUG, SWINDLER, LIAR AND AN IRRESPONSIBLE BUSINESS MAN. And I will keep it in my social networks, in the local press (as I already did) and WHEREVER I feel like it. I DARE you to prove as false any of my statements and I DARE you to sue me with your lawyer. (…)” “What same gives me this being so mediocre is Venezuelan, that because of dishonest people like the Venezuelans we are seen as thieves and tracaleros (Scammers).”
“estafador”(Spaans voor oplichter).
3.Het geschil
4.De beoordeling
“Daar gedaagden met het doen en/of publiceren van deze beweringen en/of uitlatingen, welke overigens niet op waarheid berusten, eisers onnodig grieven en beledigen, handelen zij in strijd met de zorgvuldigheid die zij tegenover eisers in acht hebben te nemen, en derhalve onrechtmatig. Immers blijkt dat gedaagden met deze beweringen en/of uitlatingen en het verspreiden daarvan het oogmerk hebben om eisers te beledigen en hen in hun goede eer en goede naam aan te tasten. Dat het voorts evident is dat eisers door bedoelde beweringen en/of uitlatingen en publicatie schade lijden, nu zulks vooral in een kleinschalige samenleving als die van Sint Maarten, direct repercussies heeft voor eisers, behoeft verder geen betoog.”(verzoekschrift onder 4.).