2. DLF is a law firm in which several attorneys/legal advisors provide legal services. The retainer agreement concerning the provision of legal services is exclusively entered into between DLF and the client, through the attorney/ legal advisors that handles the case. Never does a legal relation arise between the client on the one hand and the attorney/ legal advisors in person, other companies and/or employees of DLF on the other hand.
3. The costs for the services, provided by DLF’s attorneys/ legal advisors, are calculated based on the hourly rate that the legal advisors/attorney applies to the case, which is increased by VAT (if applicable) and the costs/expenses that the attorney at law may assume on behalf of the client, such as, although not limited to, court fees, bailiffs fees, expenses that may arise from contracting third parties, certifications and office expenses. Fee arrangements concerning a case in particular are specified further in the retainer agreement for the provision of legal services issued to the client by the attorney/ legal advisor.
4. All agreements to render legal services for a client -disregarding the articles 404 and 407(2) of book 7 of the Dutch Civil Code – shall exclusively be accepted and performed by DLF. Applicability of the client’s general conditions is explicitly excluded.
5. Any liability of DLF and/or its employees shall be limited to the amount that in the specific case is paid by the obligatory professional liability insurance taken out by DLF, increased with the amount of the own risk under this professional liability insurance. Upon request, the policy may be inspected by clients at the office of DLF. If and to the extent that no payment is made under said insurance for any reason whatsoever, the liability of DLF shall be limited to an amount of € 5.000,- per assignment or, if the fees charged by the handling attorney/ legal advisor for the assignment concerned should be higher, up to the amount of said fees with a maximum of € 12.000.
6. The attorney at law/ legal advisor of DLF that handles the case shall consult the client as much as possible when third parties have to be involved in the case. The attorney at law/ legal advisor shall in any case be diligent in the selection of those third parties. DLF and the attorney at law/legal advisor of DLF that handles the case are not liable for the acts of such third parties and is allowed to accept, without prior consultation with his client, (also on behalf of the client) any possible limitation of liability that the third party might have in their general conditions.
7. Everyone that uses the services of DLF gives, in advance, permission to the legal advisor/attorney at law that provides these services, to share his/her data to other employees of DLF whenever it should be useful and/or necessary to share this information with respect to the handling of the particular case and also for the purpose of the data management system of DLF.
8. The performance of the assignment shall be effected for the sole benefit of the client. Third parties cannot derive any rights from the assignment and the performance thereof.
9. The general conditions are also established for the benefit of all employees not working as attorneys at law at DLF.
10. The complaint procedure is applicable to all services provided to the client by attorneys at law/ legal advisors and non-legal personnel of DLF. Complaints must be filed in writing within a period of six month from the moment the fact took place or from the moment the client was aware of the facts.
11. The legal relation between the client and DLF is subject to Dutch law. Any differences or disputes that may arise, with the exception of differences and disputes that are subject to the complaints procedure of DLF, shall be handled exclusively by the competent judge in Rotterdam.
12. All claims and other actions of whatever nature against any of the employees of DLF, regarding the services provided by said employees, expire in any case after one year from the moment that the involved client became aware or could reasonably have become aware of the existence of those rights or possible actions.
13. These general conditions are drafted in the Dutch, English and Spanish language. In case of difference of opinion about the content or meaning of these conditions, the Dutch text shall be binding.