General Terms and Conditions for Trip Advocaten & Notarissen B.V.
All assignments granted by clients shall be deemed to have been given exclusively to Trip Advocaten & Notarissen B.V. (“Trip”) and to be carried out by them, even if the assignment is expressly or tacitly understood to be carried out by a specific person. The application of Section 7:404 of the Dutch Civil Code (“DCC”), which provides for this case, and the operation of Section 7:407 subsection 2 DCC, which establishes joint and several liability in the event an assignment is received by two or more persons, is entirely excluded.
If in connection with the execution of the assignment a circumstance should occur, which also includes failure to act, leading to liability on Trip’s part or to any (legal) persons (previously) associated with it, the joint and several liability of Trip and those (legal) persons shall always be limited to the amount paid out in the relevant case by Trip’s professional liability insurer(s), plus the amount of the deductible which under the terms and conditions of insurance based on which the payment is made, shall be for the account of Trip. Information on the professional liability insurance(s) shall be forwarded upon request. If and insofar for whatever reason no payment should take place under the professional liability insurance(s), every joint and several liability, as referred to in this Clause, shall be restricted to the amount of € 200,000. The limitation of liability referred to in this Clause shall also apply in the case of Trip wrongly refusing an assignment resulting in damage. In the event of intent and/or gross negligence on the lawyer’s and/or (junior) civil law notary’s part, the limitation of liability referred to in this
Clause shall not apply.
By giving the assignment, the client, unless otherwise agreed, authorises Trip to call upon third parties insofar as Trip deems necessary for the performance of the assignment, and incur the associated costs and expenses. When deploying third parties in the performance of the assignment, Trip shall always exercise due care. Any and all liability on Trip’s part for shortcomings of third parties deployed shall be excluded. Trip shall be authorised in all cases to accept third party liability restrictions.
All claims of clients shall lapse if they have not been submitted to Trip in writing and stating reasons within one year after the client was aware of, or could reasonably have been aware of, the facts on which he bases his claims and in any case five years after the date of the final invoice.
The client shall indemnify Trip against any third-party claims and associated costs to be
incurred by Trip, including reasonable costs for legal assistance, for claims resulting from work carried out by Trip on the client’s behalf.
Unless expressly agreed otherwise, the fee Trip will charge the client is determined by
multiplying the number of hours spent in the performance of an assignment by the applicable hourly rate as set by Trip for each of its employees. The hourly rate may be raised without notice if (i) an employee moves into a higher hourly rate as a result of extended work experience, his/her expertise or experience expands or he/she takes on a new position, or (ii) Trip believes that a general increase in the hourly rate is justified by market circumstances.
Costs paid for by Trip on behalf of the client, shall be charged separately. Furthermore, a percentage of the calculated fees shall be charged to cover general office costs.
In principle, Trip invoices monthly but may also invoice more frequently or less frequently. Payment must be made within 30 days of the invoice date. The payment dates are firm as referred to in Article 6:83 of the Dutch Civil Code. In the event of failure to pay on time, Trip is entitled to charge statutory interest to the client without further notice of default. Furthermore, Trip may suspend or terminate its services if the client does not settle an (advance) invoice on time.
Trip may invoice in instalments for assignments for which a fixed fee has been set. Agreements to this end will be made in advance with the client.
If the assignment is terminated by or on account of the client before Trip has completed the agreed work, the client is obliged to pay a fee based on the hours worked multiplied by the applicable hourly rate plus the charge to cover general office costs.
Trip can at any time request that the client immediately pays an advance for work performed or to be performed.
The client consents that Trip, in its communications, uses digital means of communication and data storage services whether provided by third parties or not. Trip is not liable for damages resulting from the use of such services.
All electronic communication, including e-mail, is considered to be written. The client
acknowledges that electronic communication is not secure and may be intercepted,
manipulated, infected or wrongly sent or forwarded, including by viruses and spam filters.
When legal services have been provided by a lawyer, the file will be kept in archive for the statutory retention period of seven years after the assignment has been terminated. When legal services have been provided by a civil-law notary or junior civil-law notary, the file will be kept in archive for the statutory retention period of twenty years after the assignment has been terminated. Once the relevant retention period has elapsed, Trip may decide to destroy the file.
Trip is, among other things, required by applicable law, including the Money Laundering and Terrorism Financing Prevention (MLTFP) Act, (i) to establish the identity of clients and that of their ultimate beneficiar(y/ies), (ii) to determine if it concerns a politically prominent person, and (iii) to inform the competent authorities in case of unusual transactions in the sense of the MLTFP. Based on the MLTFP, Trip is forbidden to inform a client that it has so reported. The client confirms knowledge of this. The client is obligated towards Trip upon entering into the client relationship and thereafter to report all relevant facts and circumstances that are relevant for the application of this law and the client investigation to be performed based thereupon, including changes in the facts and circumstances that occur during the existence of the client relationship.
The Trip Advocaten & Notarissen Complaints Settlement Procedure for the Legal Profession (Kantoorklachtenregeling Advocatuur Trip Advocaten & Notarissen) applies to the legal services provided by the lawyers of Trip. In the event of a complaint, Trip will, upon the first written request from the client, forward a copy of the Trip Advocaten & Notarissen Complaints Settlement Procedure.
The Notarial Complaints and Dispute Settlement Procedure (Klachten- en Geschillenregeling Notariaat) applies to Trip civil-law notarial services. In the event of a complaint, Trip will, upon the first written request from the client, forward a copy of the Notarial Complaints and Dispute Settlement Procedure.
The legal relationship between the client and Trip shall be governed by Dutch law.
The Dutch Court shall have exclusive jurisdiction to hear of any disputes between client and Trip unless, in the case of civil-law notarial services, one of the parties chooses to follow the procedure set by the Disputes Committee for the Notarial Profession (Geschillencommissie Notariaat).
Complaints regarding legal services that are not resolved after being handled in accordance with the complaints procedure, may be submitted to the District Court of Northern Netherlands.
The General Terms and Conditions are drawn up in Dutch, English and German; the Dutch text shall prevail in case of any discrepancy between the English or the German and the Dutch version.