General terms and conditions
1. DE LA FUENTE & OOSTERVEEN ADVOCATEN, hereafter also referred to as “the association”, is an association of natural persons and legal entities. A list of associates shall be forwarded at your request. Several lawyers work for the association. The agreement or contract to receive and provide legal services is exclusively entered into between the lawyer that handles the case and the client. A legal relationship does not arise between the client and the association, or the associates and employees of the association.
2. All agreements to render legal services for a client - disregarding the
articles 404 and 407 of book 7 of the Dutch Civil Code - shall exclusively
be accepted and performed by the lawyer of DE LA FUENTE & OOSTERVEEN ADVOCATEN
that handles the case. Applicability of the client’s general conditions
is explicitly excluded.
3. Any liability of the lawyer of DE LA FUENTE & OOSTERVEEN ADVOCATEN
that handles the case and/or the association and its members, shall be limited
to the amount that in the specific case is paid by the obligatory professional
liability insurance taken out by the lawyer that handles the case, increased
with the amount of the own risk under this professional liability insurance.
Upon request, the policy may be inspected by clients, at the association’s
office. If and to the extent that no payment is made under said insurance
for any reason whatsoever, each liability of the handling lawyer shall be
limited to an amount of € 4.538,- per assignment or, if the fees charged
by the handling lawyer for the assignment concerned should be higher, up to
the amount of such fees with a maximum of € 11.000,-.
4. The lawyer of DE LA FUENTE & OOSTERVEEN ADVOCATEN that handles the
case shall consult the client as much as possible when third parties have
to be involved in the case. The lawyer shall in any case be diligent in the
selection of those third parties. The lawyer of DE LA FUENTE & OOSTERVEEN
ADVOCATEN that handles the case is 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.
5. Every client that uses the services of one of the lawyers of DE LA FUENTE
& OOSTERVEEN ADVOCATEN, gives prior permission to the lawyer that provides
these services, to communicate his data to other employees of DE LA FUENTE
& OOSTERVEEN ADVOCATEN when this information were useful or necessary
to handle the particular case and for the data management system of DE LA
FUENTE & OOSTERVEEN ADVOCATEN.
6. The performance of the assignment shall be effected for the sole benefit of the client. Third parties may not derive any rights from the assignment and the performance thereof.
7. These general conditions are also applicable to all employees not working
as lawyers for DE LA FUENTE & OOSTERVEEN ADVOCATEN.
8. The legal relation between the client and the lawyer that is handling the
case of DE LA FUENTE & OOSTERVEEN ADVOCATEN is subject to Dutch law. Any
differences or disputes that might arise shall be handled, with the exception
of differences and disputes that are subjected to the complaints procedure
of DE LA FUENTE & OOSTERVEEN ADVOCATEN, exclusively by the competent judge
in Rotterdam.
9. All claims and other actions of whatever nature, against one of the lawyers
of DE LA FUENTE & OOSTERVEEN ADVOCATEN regarding to services provided
by the lawyers of DE LA FUENTE & OOSTERVEEN ADVOCATEN, expires in any
case after one year of the moment that the involved party became aware or
could reasonably have become aware of the existence of those rights or possible
actions.
10. 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.