Complaints Procedure
Bezmalinovic Legal Ways B.V. Complaints Procedure
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Article 1: Definitions
In these office complaints regulations, the following terms are understood to mean:
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Complaint: Any written expression of dissatisfaction by or on behalf of the client towards the lawyer or persons working under their responsibility regarding the conclusion and performance of a contract of assignment, the quality of the services provided, or the amount of the invoice, not being a complaint as referred to in section 4 of the Dutch Lawyers Act.
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Complainant: The client or their representative who makes a complaint known.
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Complaints Officer: The lawyer responsible for handling the complaint.
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Article 2: Scope of Application
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This office complaints procedure applies to every contract of assignment between Legal Ways and the client.
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Every lawyer at Legal Ways is responsible for handling complaints by the office complaints procedure.
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Article 3: Objectives
The purpose of this office complaints procedure is to:
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Establish a procedure to handle client complaints within a reasonable time and in a constructive manner.
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Determine the causes of client complaints.
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Maintain and improve existing relationships through effective complaint handling.
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Train employees to respond to complaints in a client-oriented manner.
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Improve the quality of service provision through complaint handling and analysis.
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Article 4: Information at the Start of Service Provision
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This office complaints procedure has been made public. Before entering into the contract of assignment, the lawyer points out to the client that the office uses an office complaints procedure and that it applies to the services provided.
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Legal Ways include in the order confirmation which independent party or body a complaint that has not been resolved after handling can be submitted to obtain a binding decision.
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Complaints as referred to in Article 1 that have not been resolved after handling will be submitted to the Disputes Committee for the Legal Profession.
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Article 5: Internal Complaints Procedure
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If a client approaches the office with a complaint, it will be forwarded to the appointed Complaints Officer.
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The Complaints Officer informs the person against whom the complaint has been made that the complaint has been filed and gives both the complainant and the person against whom the complaint has been made the opportunity to provide an explanation of the complaint.
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The person against whom the complaint has been made will attempt to find a solution together with the client, with or without the intervention of the Complaints Officer.
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The Complaints Officer will handle the complaint within four weeks of receipt or will notify the complainant of any deviation from this term, stating reasons and indicating the term within which a decision on the complaint will be made.
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The Complaints Officer shall inform the complainant and the person against whom the complaint has been made in writing of the decision on the validity of the complaint, with or without recommendations.
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If the complaint has been handled satisfactorily, the complainant, the Complaints Officer, and the person against whom the complaint has been made will sign the decision on the validity of the complaint.
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Article 6: Confidentiality and Free Complaint Handling
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The Complaints Officer and the person against whom the complaint has been made shall maintain confidentiality during the complaint handling process.
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The complainant is not liable for any compensation for the costs of handling the complaint.
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Article 7: Responsibilities
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The Complaints Officer is responsible for the timely handling of the complaint.
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The person against whom the complaint has been made will keep the Complaints Officer informed about any contact and a possible solution.
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The Complaints Officer keeps the complainant informed about the handling of the complaint.
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The Complaints Officer maintains the complaint file.
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Article 8: Complaints Registration
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The Complaints Officer registers the complaint, including the subject of the complaint.
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A complaint can be classified into several topics.
General Terms and Conditions
The General Terms and Conditions under which services are provided by or on behalf of Bezmalinovic Legal Ways B.V.
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Applicability
These General Terms and Conditions apply to all assignments to Bezmalinovic Legal Ways B.V. (hereinafter: Legal Ways) and to persons working for Legal Ways, as well as to any additional or follow-up assignments, except for deviations from these conditions that must be expressly confirmed in writing by Legal Ways.
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Contractor
Only Legal Ways shall be considered as the Contractor to the Client. Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code shall not apply.
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Duty of Care
Legal Ways is obliged to exercise the care that can reasonably be expected under the given circumstances about the services provided by or on behalf of it. Legal Ways does not guarantee the achievement of the intended result.
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Third-Party Involvement
In the execution of an assignment, Legal Ways may also involve one or more persons who are not directly or indirectly affiliated with Legal Ways. Any failure of such a person can only be attributed to Legal Ways if the Client demonstrates that Legal Ways' choice of this person was not careful.
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Data Sharing
The Client shall permit Legal Ways and persons involved by or on behalf of Legal Ways in the execution of an assignment to share data relating to the Client and an assignment from the Client with other persons affiliated with Legal Ways, to the extent that this is necessary or useful for relationship management.
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Payment Terms
Payment of invoices from Legal Ways must be made within fourteen days after the invoice date, without any right to offset or suspension. In the event of late or incomplete payment of the invoice, the Client will be in default by operation of law and Legal Ways will be entitled to charge statutory interest on the outstanding amount from that date until the date of full payment. All judicial and extrajudicial (collection) costs incurred by Legal Ways as a result of the Client's failure to meet its payment obligations will be borne by the Client.
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Liability and Insurance
For the total damage suffered by the Client, which legally constitutes a consequence of an event or a series of related events for which Legal Ways is legally liable, the Client is entitled to compensation if Legal Ways has any cover for that damage under an insurance policy, up to a maximum amount equal to the insurance payment to be obtained by Legal Ways plus the deductible of Legal Ways under that insurance policy.
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Limitation of Liability
If for whatever reason no payment is made under the insurance referred to in Article 7, any liability of Legal Ways towards the Client shall be limited to (i) any actual damage suffered by the Client and (ii) the fee declared in the relevant case in the twelve calendar months preceding the event on which the liability is based, with a maximum of EUR 20,000 (twenty thousand euros).
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Expiration of Claims
Without prejudice to the provisions of Article 6:89 of the Dutch Civil Code, the right to compensation for damages shall in any case expire twelve months after the event from which the damage directly or indirectly arises and for which Legal Ways is liable.
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Indemnification
If one or more third parties claim compensation from Legal Ways for damages they have suffered in connection with a service provided to the Client by or on behalf of Legal Ways, the Client shall indemnify Legal Ways against such claim or claims and additional costs, to the extent that Legal Ways must compensate the third party or third parties for more damages than it would have had to compensate the Client if the Client itself had claimed compensation from Legal Ways for the damages suffered by the third party or third parties.
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Third-Party Claims
If both the Client and a third party or third parties claim damages from Legal Ways in connection with a service provided to the Client by or on behalf of Legal Ways, the damage suffered by the Client itself will not be eligible for compensation, insofar as the amount of damages to be paid to the Client already, or after increasing it with the amount of damages due to the third party or third parties, exceeds the limit stated in Articles 7 and 8.
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Governing Law and Jurisdiction
The relationship between the Client and Legal Ways is fully governed by Dutch law. The court in the district of Rotterdam has exclusive jurisdiction to hear all disputes between the Client and Legal Ways. Nevertheless, Legal Ways has the right to submit disputes to the competent court of the place of residence or establishment of the Client.
