General Terms and Conditions

Applicability and applicable law

1. These general terms and conditions shall apply to all assignments carried out by Family Lawyer The Hague. Family Lawyer The Hague is a sole proprietorship under Dutch law. The sole proprietorship and its affiliated lawyer, Mr M.T. Wernsen, meet the requirements set by the Dutch Bar Association. The firm is registered in the Register of the Chamber of Commerce under number 86274848.

2. The agreement between the client and Family Lawyer The Hague shall be governed by Dutch law. 

Assignments 

3. Only Family Lawyer The Hague applies as contractor. Sections 7:404 and 7:407(2) of Book 7 of the Dutch Civil Code shall not apply. 

4. The performance of an assignment shall be exclusively for the benefit of and in the interest of the client. 

5. Third parties cannot derive any rights from the content of the work performed. The client shall indemnify Family Lawyer The Hague against claims from third parties who claim to have suffered damage as a result of or in connection with work performed by Family Lawyer The Hague for the client. 

6. Family Lawyer The Hague shall make every effort to achieve the result desired by the client, but does not guarantee that this result will be achieved. 

7. The lawyer will only engage third parties, such as a bailiff or an expert, after consultation with the client. The lawyer will exercise due care when engaging third parties, but cannot be held liable for damage as a result of the actions of the aforementioned third party or parties. When the lawyer is unable to perform herself, she will arrange a substitute in consultation with the client. If the lawyer cannot perform herself due to holiday or long term absence, lawyer mrs. S.I. Kouwenhoven will temporarily replace the lawyer, as agreed on in the agreement between mrs. S.I. Kouwenhoven and the lawyer.

8. The client agrees that the lawyer will have (certain parts of) the assignment carried out by one or more lawyers and/or legal assistants associated with the firm under his responsibility. 

Fees and costs 

9. If the work is performed on the basis of an addition, subject to the consent of the Legal Aid Board, the client must pay the associated personal contribution in advance, unless agreed otherwise in writing. If the addition is not granted, the client must pay the hours already worked and still to be worked at the standard hourly rate (€ 200.00 excl. 21% VAT), unless agreed otherwise in writing. 

10. If an hourly rate is agreed, this is exclusive of 21% VAT. The hourly rate may, after consultation with the client, differ depending on the work that Family Lawyer The Hague must perform in order to carry out the assignment. 

11. Family Lawyer The Hague will invoice on the basis of advance invoices, unless agreed otherwise in writing. This means that the client must always pay an advance invoice before work is carried out/continued. Family Lawyer The Hague reserves the right to cease its activities if payment is not made. 

12. Financial agreements between Family Lawyer The Hague and the client shall always be confirmed in writing by Family Lawyer The Hague. 

13. Family Lawyer The Hague will not charge any separate office costs in addition to the hourly rate. 

14. Any disbursements shall be for the account of the client. This includes, among other things: court fees, bailiff fees and costs for requesting extracts. 

15. In the event of cancellation of an assignment, the client shall in any case be obliged to reimburse all costs already incurred by Family Lawyer The Hague in the execution of the assignment. 

16. The standard hourly rates of Family Lawyer The Hague may be changed annually on January 1th. Already agreed hourly rates in current cases are explicitly disregarded in the event of such an increase. 

17. If travel costs have to be incurred by Family Lawyer The Hague for the purpose of the assignment, the client will be charged € 0.32 per kilometre. 

Payment 

18. Payment of the invoice shall be made, without deduction, discount or setoff, within 14 days of the invoice date. 

19. If the above term is exceeded, the client shall owe statutory interest. 

20. If, after sending the invoice and two reminders, payment is not made and no agreement has been reached on a payment arrangement, the invoice will be handed over to a collection agency. The personal data of the client and the relevant documents from the file will be transferred to a collection agency for the purpose of writing to the client and initiating legal proceedings against the client. 

Travel expenses/travel time 

21. Any travel expenses incurred by the lawyer in the execution of the assignment must be reimbursed by the client, unless otherwise agreed in writing. 

22. Travel hours are billable hours. 

Third party funds 

23. Family Lawyer The Hague cannot except payments for the client, as there is no third-party account available for the benefit of clients. 

Storage period for files 

24. After the case has been completed, the case file will be destroyed. Correspondence between Family Lawyer The Hague and the client, financial documents and other documents deemed relevant by Family Lawyer The Hague will be archived and kept by Family Lawyer The Hague for a period of 5 years. After the retention period of 5 years, Family Lawyer The Hague may decide to destroy the (remaining part of the file. 

Liability 

25. The liability of Family Lawyer The Hague and its employees shall always be limited to the amount or amounts to which the professional liability insurance taken out by Family Lawyer The Hague gives entitlement, plus the excess. 

26. If, for whatever reason, no payment is to be made on the basis of the aforementioned insurance, all liability shall be limited to the fee charged by Family Lawyer The Hague in the relevant case in the relevant year, excluding other costs.

 

Complaints procedure Family Lawyer The Hague

Article 1 definitions
In this office complaints procedure the following definitions apply:
– complaint: any written expression of dissatisfaction by or on behalf of the client towards the lawyer or the persons working under his responsibility regarding the conclusion and execution of an agreement for services, the quality of the services or the amount of the fee, not being a complaint as referred to in paragraph 4 of the Advocatenwet (Dutch Lawyers Act)
– complainant: the client or his representative making a complaint known;
– complaints officer: the lawyer charged with handling the complaint;

Article 2 scope of application
1. This office complaints procedure shall apply to every contract of engagement between Family Lawyer The Hague and the client.
2. Mr. M.T. Wernsen will secure that complaints are processed by an independent lawyer in accordance with the office complaints procedure.

Article 3 objectives
The purpose of this office complaints scheme is to:
a. to establish a procedure to deal constructively with client complaints within a reasonable period of time;
b. to establish a procedure to determine the causes of client complaints;
c. maintaining and improving existing relationships through proper complaint handling;
d. training staff in client-centred response to complaints;
e. improve the quality of services by means of complaint handling and complaint analysis.

Article 4 information at the start of service provision
1. This office complaints procedure has been made public. Before entering into the contract of engagement, the lawyer will inform the client that the firm has an office complaints procedure and that it applies to the services provided.
2.Family Lawyer The Hague has included in the engagement agreement the independent party or body to which a complaint that is not resolved after treatment can be submitted for a binding decision and has made this known in the engagement confirmation.
3. Complaints as referred to in article 1 of these office complaint regulations that are not resolved after treatment may be submitted to court.

Article 5 Internal complaint procedure
1. If a client approaches the office with a complaint, the complaint will be forwarded to the complaints officer to be appointed by Mr M.T. Wernsen.
2. The complaints officer shall inform the person complained about of the filing of the complaint and shall give the complainant and the person complained about the opportunity to explain the complaint.
3. The person complained about shall try to reach a solution together with the client, with or without the intervention of the complaints officer.
4. The complaints officer will settle the complaint within four weeks of receiving it, or will notify the complainant of any deviation from this deadline, giving reasons, and stating the period within which a decision on the complaint will be made.
5. The complaints officer shall notify the complainant and the person complained against in writing of the opinion on the merits of the complaint, whether or not accompanied by recommendations.
6. If the complaint has been settled satisfactorily, the complainant, the complaints officer and the person complained about shall sign the judgment on the merits of the complaint.

Article 6 Confidentiality and free handling of complaints
1. The complaints officer and the person about whom a complaint has been made shall observe confidentiality when handling the complaint.
2. The complainant shall not be charged for the costs of handling the complaint.

Article 7 responsibilities
1. The complaints officer is responsible for the timely handling of the complaint.
2. The person complained about shall keep the complaints officer informed about any contact and possible resolution.
3. The complaints officer shall keep the complainant informed about the resolution of the complaint.
4. The complaints officer shall maintain the complaint file.

Article 8 complaint registration
1. The complaints officer shall register the complaint, including the subject of the complaint.
2. A complaint may be divided into several subjects.
3. The complaints officer shall report periodically on the handling of complaints, if any, and make recommendations for the prevention of new complaints and the improvement of procedures.
4. At least once a year, the reports and recommendations shall be discussed at the office and submitted for decision-making.