General terms and conditions
Article 1 / General provisions
1.1. Scheepsrecht Advocaten is a partnership (Coöperatieve Vereniging U.A.) of the independently established lawyers: mr. J.C. Klompé, mr. D.M. Woelinga en mr. V. Vandersmissen. The lawyers each conduct a law practice on their own behalf and at their own expense and risk. Assignments are accepted by the individual lawyer.
1.2. These general terms and conditions shall apply to all assignments carried out by persons employed by or for Scheepsrecht Advocaten, unless otherwise agreed in writing. Assignments are also understood to include additional assignments and follow-up assignments.
1.3. In these terms and conditions, ‘Scheepsrecht Advocaten’ refers to both the partnership and the persons employed by or on behalf of Scheepsrecht Advocaten.
1.4. The execution of the assignment shall take place exclusively for the benefit of the client, hereinafter referred to as the client. Third parties cannot derive any rights from this.
1.5. The legal relationship between Scheepsrecht Advocaten and the client shall be governed by Dutch law and only the Dutch court shall be competent to take cognizance of a dispute to the extent that this dispute does not fall within the scope of the disciplinary law as referred to in the Dutch Code of Civil Procedure. Lawyer’s Act.
Article 2 / Rates and payment
2.1. Client may be eligible for subsidised legal aid. In that case, the client is obliged to pay the personal contribution within 14 days after receipt of the invoice. Whether the client is eligible for subsidised legal aid is regulated in the Legal Aid Act which is implemented by the Legal Aid Board. For this purpose, the Legal Aid Board can request information about the client (and possibly his partner) from government agencies.
2.2. If the client does not qualify for, or expressly chooses not to make use of, subsidised legal assistance, the fee shall, unless otherwise agreed in writing, be calculated on the basis of the number of hours worked multiplied by the applicable hourly rate agreed in advance. Expenses paid on behalf of the client will be charged separately as disbursements.
2.3. Clients will receive a clear specification of the hours worked and disbursements charged no later than when the file is closed. Scheepsrecht Advocaten does not charge a separate fee for office costs.
2.4. Scheepsrecht Advocaten is entitled to require an advance payment of the fee and any costs incurred prior to or upon continuation of the services. The advance will be set off against the final invoice in the case in question.
2.5. Invoices must be paid without suspension or settlement within 14 days of the invoice date. In the event of late payment of an invoice, the work may be suspended and administrative costs and statutory interest may be charged.
Article 3 / Liability
3.1. A professional liability insurance has been taken out for the benefit of the attorneys in employment. Insofar as the liability is not covered by this professional liability insurance, the liability is limited to the amount paid out by the professional liability insurer of Scheepsrecht Advocaten as the case may be. Scheepsrecht Advocaten is not liable for indirect or consequential damage.
3.3. Scheepsrecht Advocaten shall exercise due care when engaging the services of auxiliary persons and third parties and shall do so as much as possible in consultation with the client. Scheepsrecht Advocaten is not liable for shortcomings of third parties engaged by it.
3.4. A claim of a client against Scheepsrecht Advocaten must be submitted in writing, stating reasons, as soon as possible after the client becomes aware of the damage, but at the latest within three months after closing the file concerned.
Article 4 / Confidentiality and handling of files
4.1. Scheepsrecht Advocaten is obliged to ensure confidentiality with respect to everything that comes to its knowledge during the handling of the case with respect to the client.
4.2. Persons working at Scheepsrecht Advocaten, who are not lawyers, have signed a declaration of confidentiality.
4.3. Case files are kept in closed cupboards in the office rooms of the affiliated lawyers.
4.4. All paper that contains confidential information and must be discarded will be destroyed at the office of Scheepsrecht Advocaten before being removed.
4.5. Scheepsrecht Advocaten will destroy its files, including any original documents of the client that may still be in them, after a period of three years after the case has been closed. The files are then kept for at least another five years, partly in digital form.
Article 5 / Complaints and disputes
5.1. Complaints about the actions of lawyers affiliated with Scheepsrecht Advocaten, the quality of the services provided or the amount of the costs charged can be submitted by e-mail to the office’s secretary (email@example.com). The complaint is then assessed and, as far as possible, resolved by the complaints officer, i.e. not the lawyer complained about.
5.2. Scheepsrecht Advocaten is a member of the Disputes Committee for the Legal Profession. In the event that the conditions set out in point 5.1. If the aforementioned complaints procedure has not resulted in a solution, the client may apply in writing to the Disputes Committee: Disputes Committee for the Legal Profession, P.O. Box 90600, 2509 LP The Hague.