Terms and conditions

General Terms and Conditions of Bavelaar Advocaten, version 1 January 2025.

1. Bavelaar & Bavelaar Advocatuur Rechtsanwaltschaft is a partnership (maatschap) under Dutch law. Bavelaar & Bavelaar Advocatuur Rechtsanwaltschaft trades under names including "Bavelaar & Bavelaar Advocaten Rechtsanwälte", "Bavelaar & Bavelaar", "Bavelaar Advocaten", "Bavelaar Rechtsanwälte" and "Bavelaar Attorneys at Law".
2. The partners in the partnership Bavelaar & Bavelaar Advocatuur Rechtsanwaltschaft are private limited companies which jointly practise law or have it practised on their behalf. A list of the private limited companies that are partners in Bavelaar & Bavelaar Advocatuur Rechtsanwaltschaft (hereinafter "Bavelaar & Bavelaar Advocaten Rechtsanwälte") is available on request.
3. All instructions given to Bavelaar & Bavelaar Advocaten Rechtsanwälte are accepted and performed exclusively subject to these general terms and conditions (hereinafter the "General Terms and Conditions"). Where Bavelaar & Bavelaar Advocaten Rechtsanwälte, or anyone acting on its behalf, accepts an offer from a client that refers to the client's own general terms and conditions, such acceptance is made on the express rejection of those terms and conditions.
4. Bavelaar & Bavelaar Advocaten Rechtsanwälte works strategically with other legal professionals and firms who practise law, including tax advice and notarial practice, for their own account and at their own risk (hereinafter "Strategic Partners"). The client agrees that these Strategic Partners may also be engaged in connection with the instruction it has given, in which case their fees and disbursements will be charged by Bavelaar & Bavelaar Advocaten Rechtsanwälte as its own fees and disbursements.
5. German lawyers, that is Rechtsanwälte, are also affiliated with Bavelaar & Bavelaar Advocaten Rechtsanwälte and are also referred to in these General Terms and Conditions as "lawyers", unless expressly stated otherwise. Advice on, and assistance in connection with, disputes (whether or not in court) under German law or in the Federal Republic of Germany is always deemed to be given in the capacity of Rechtsanwalt, that is as a German lawyer, and expressly not as a (Dutch) lawyer (advocaat). The client understands and accepts that the work of the Rechtsanwälte affiliated with Bavelaar & Bavelaar Advocaten Rechtsanwälte is governed exclusively by the German rules of professional conduct and the German Rechtsanwaltsvergütungsgesetz (abbreviated "RVG"), and not by the Dutch rules of professional conduct and Dutch professional regulations.
6. Irrespective of who accepts or performs an instruction on behalf of Bavelaar & Bavelaar Advocaten Rechtsanwälte (whether or not in cooperation with others), Bavelaar & Bavelaar Advocaten Rechtsanwälte alone is the contracting party, even where it is the express or implied intention that the instruction be performed by one or more specific persons. Articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code (Burgerlijk Wetboek, "BW") do not apply to instructions accepted by or on behalf of Bavelaar & Bavelaar Advocaten Rechtsanwälte.
7. Unless otherwise agreed in writing, the net amounts payable for the services of Bavelaar & Bavelaar Advocaten Rechtsanwälte are calculated on the basis of the number of hours spent on the instruction multiplied by the various hourly rates of the lawyers, Rechtsanwälte or legal professionals of Bavelaar & Bavelaar Advocaten Rechtsanwälte, employees of Bavelaar & Bavelaar Advocaten Rechtsanwälte and/or Strategic Partners involved, in which calculation factors such as urgency, expertise, the interests at stake or the complexity of the matter, and the nature and duration of the relationship with the client, may also be taken into account at the discretion of Bavelaar & Bavelaar Advocaten Rechtsanwälte (fees). The hourly rates are adjusted from time to time, after which the adjusted hourly rates will apply.
8. To cover the general office expenses of Bavelaar & Bavelaar Advocaten Rechtsanwälte, a percentage of the net fees so payable is charged (office expenses surcharge).
9. In addition, Bavelaar & Bavelaar Advocaten Rechtsanwälte charges the costs incurred in performing the instruction and/or costs advanced for or on behalf of the client (for example court fees, costs of extracts, courier costs, travel and accommodation expenses, and travel costs such as EUR 0.50 per kilometre by car). Bavelaar & Bavelaar Advocaten Rechtsanwälte also charges the costs invoiced to it by its Strategic Partners and subcontractors (disbursements).
10. The fees, office expenses surcharge and disbursements referred to above are also charged for instructions governed by the German rules of professional conduct and German professional regulations, and therefore also where the German Rechtsanwaltsvergütungsgesetz (RVG) applies. By giving an instruction to Bavelaar & Bavelaar Advocaten Rechtsanwälte, the client accepts that the work of the Rechtsanwälte affiliated with Bavelaar & Bavelaar Advocaten Rechtsanwälte is charged at the same hourly rates, office expenses and disbursements as that of the lawyers affiliated with Bavelaar & Bavelaar Advocaten Rechtsanwälte, which may result in higher fees and costs than those payable under the RVG. The fees and costs under the RVG do, however, constitute the minimum fees and minimum costs that will be charged.
11. All amounts invoiced by Bavelaar & Bavelaar Advocaten Rechtsanwälte are subject to VAT where applicable. Bavelaar & Bavelaar Advocaten Rechtsanwälte invoices monthly for the services provided in the previous month, with a payment term of fourteen days. Bavelaar & Bavelaar Advocaten Rechtsanwälte reserves the right to change this invoicing frequency and payment term unilaterally. If payment is not made in full and on time, the client is in default without any notice of default being required, and Bavelaar & Bavelaar Advocaten Rechtsanwälte is entitled, without notice of default, to statutory commercial interest under Article 6:119a BW and to charge and recover from the client all judicial and extrajudicial collection costs incurred by Bavelaar & Bavelaar Advocaten Rechtsanwälte, including the full costs of internal or external lawyers engaged.
12. An advance payment may be requested at any time for work performed or to be performed. Work may be suspended if no advance payment covering it is available. Advance payments made are set off against the final invoice for the instruction concerned.
13. The client expressly agrees that invoices from Bavelaar & Bavelaar Advocaten Rechtsanwälte are sent exclusively by email to the email address stated in the engagement letter. If the client has not objected in writing to an invoice within four weeks of the date on which it was sent by email, the invoice is deemed to have been accepted by the client unconditionally.
14. The client and Bavelaar & Bavelaar Advocaten Rechtsanwälte are free at any time to terminate an instruction early without stating reasons, provided that Bavelaar & Bavelaar Advocaten Rechtsanwälte will only terminate an instruction early and unilaterally with such care that the client suffers as little disadvantage as possible. Early termination does not affect the obligation to pay the amounts invoiced and still to be invoiced by Bavelaar & Bavelaar Advocaten Rechtsanwälte.
15. The contractual or non-contractual liability of Bavelaar & Bavelaar Advocaten Rechtsanwälte for damage arising from or in connection with any shortcoming in the performance of instructions is limited to the amount paid out in the case concerned under the professional liability insurance taken out by Bavelaar & Bavelaar Advocaten Rechtsanwälte, plus the amount of the excess borne by Bavelaar & Bavelaar Advocaten Rechtsanwälte under the policy conditions. A shortcoming as referred to in the previous sentence includes an omission. Any liability of Bavelaar & Bavelaar Advocaten Rechtsanwälte for consequential loss is excluded.
16. If, for whatever reason, there is no cover under the policy of Bavelaar & Bavelaar Advocaten Rechtsanwälte for the damage referred to in the previous paragraph, any liability is limited to an amount equal to twice the amount, excluding VAT, invoiced by Bavelaar & Bavelaar Advocaten Rechtsanwälte to the client concerned in the year in question, up to a maximum of EUR 25,000 (in words: "twenty-five thousand euros").
17. If and insofar as damage to persons or property occurs during or in connection with the performance of instructions or in any other context, for which Bavelaar & Bavelaar Advocaten Rechtsanwälte is liable, any liability is limited to the amount paid out in the case concerned under the liability insurance taken out by Bavelaar & Bavelaar Advocaten Rechtsanwälte, plus the amount of the excess borne by Bavelaar & Bavelaar Advocaten Rechtsanwälte under the policy conditions. Any liability of Bavelaar & Bavelaar Advocaten Rechtsanwälte for consequential loss is excluded.
18. If, for whatever reason, there is no cover under the policy of Bavelaar & Bavelaar Advocaten Rechtsanwälte for the damage referred to in the previous paragraph, any liability is limited to an amount equal to twice the amount, excluding VAT, invoiced by Bavelaar & Bavelaar Advocaten Rechtsanwälte to the client concerned in the year in question, up to a maximum of EUR 25,000 (in words: "twenty-five thousand euros").
19. In performing an instruction, Bavelaar & Bavelaar Advocaten Rechtsanwälte may engage not only its affiliated lawyers, Rechtsanwälte and/or legal professionals, its employees and/or its Strategic Partners, but also third parties who do not work within its organisation ("subcontractors"). Bavelaar & Bavelaar Advocaten Rechtsanwälte will exercise due care in selecting subcontractors and, where necessary, will consult the client in advance. Bavelaar & Bavelaar Advocaten Rechtsanwälte is not liable for any errors or shortcomings of subcontractors it has engaged. Every instruction accepted by or on behalf of Bavelaar & Bavelaar Advocaten Rechtsanwälte includes the authority of Bavelaar & Bavelaar Advocaten Rechtsanwälte to accept, also on behalf of its client, any general terms and conditions and/or limitations of liability used by subcontractors.
20. In performing the instruction, Bavelaar & Bavelaar Advocaten Rechtsanwälte will take appropriate measures to safeguard the confidentiality of the client relationship. Unless expressly agreed otherwise, however, (i) the client consents to information known within the organisation of Bavelaar & Bavelaar Advocaten Rechtsanwälte, whether or not in connection with the instruction, being disclosed to those within Bavelaar & Bavelaar Advocaten Rechtsanwälte, within the Strategic Partners and/or within the subcontractors for whom knowledge of that information is useful for handling the instruction or managing the relationship, and (ii) the client consents to the use of all means of communication customary at the time, in particular also the internet, such as email, WhatsApp, SMS and MMS, and the client accepts that any liability of Bavelaar & Bavelaar Advocaten Rechtsanwälte for damage suffered, including consequential loss, is excluded where it arises if and because third parties gain access to confidential information without the consent of Bavelaar & Bavelaar Advocaten Rechtsanwälte.
21. Not only Bavelaar & Bavelaar Advocaten Rechtsanwälte, but also the Strategic Partners and subcontractors engaged in performing any instruction, may rely on these General Terms and Conditions.
22. All provisions of these General Terms and Conditions are also made for the benefit of the lawyers, Rechtsanwälte and legal professionals affiliated with Bavelaar & Bavelaar Advocaten Rechtsanwälte and their practice companies and the directors of those practice companies, including any legal successors, and of all those who work or have worked for Bavelaar & Bavelaar Advocaten Rechtsanwälte, including any heirs.
23. These General Terms and Conditions also apply to additional and follow-up instructions from clients of Bavelaar & Bavelaar Advocaten Rechtsanwälte.
24. The legal relationship between the client and Bavelaar & Bavelaar Advocaten Rechtsanwälte is governed by Dutch law. This expressly also applies to instructions performed by the Rechtsanwälte affiliated with Bavelaar & Bavelaar Advocaten Rechtsanwälte, with the exception of the Dutch rules of professional conduct and Dutch professional regulations (see Article 5).
25. Any disputes will be settled at first instance exclusively by the District Court of Amsterdam. This is without prejudice to the right of Bavelaar & Bavelaar Advocaten Rechtsanwälte at all times to bring a dispute before the competent court in the jurisdiction or district of its client. If Bavelaar & Bavelaar Advocaten Rechtsanwälte is found to be in the right in any legal proceedings against a client, that client must compensate Bavelaar & Bavelaar Advocaten Rechtsanwälte for the full costs it has incurred in and out of court, including the full costs of the internal or external lawyers and other advisers engaged by Bavelaar & Bavelaar Advocaten Rechtsanwälte.
26. These General Terms and Conditions may be amended from time to time by Bavelaar & Bavelaar Advocaten Rechtsanwälte. Once the amended General Terms and Conditions have been sent to the clients of Bavelaar & Bavelaar Advocaten Rechtsanwälte, they also apply to instructions given to Bavelaar & Bavelaar Advocaten Rechtsanwälte before the amendment.
27. Bavelaar & Bavelaar Advocaten Rechtsanwälte has its registered office in Amsterdam and also has offices in Hamburg and Extertal ("unselbstständige Zweigniederlassungen").
28. Bavelaar & Bavelaar Advocaten Rechtsanwälte is registered in the trade register of the Netherlands Chamber of Commerce (Kamer van Koophandel) under number 76683583. Its correspondence address is Keizersgracht 62, 1015 CS Amsterdam.
29. These General Terms and Conditions were drawn up in Dutch and have been translated into English and German. In the event of any dispute about the content or purport of these General Terms and Conditions, the Dutch text is binding.
30. These General Terms and Conditions have been filed with the registry of the District Court of Amsterdam and can also be consulted at www.bavelaar.nl.

The Dutch law partnership (maatschap) Bavelaar & Bavelaar Advocatuur Rechtsanwaltschaft has its office at Keizersgracht 62, 1015 CS Amsterdam. It trades under names including Bavelaar & Bavelaar Advocaten Rechtsanwälte, Bavelaar Advocaten, Bavelaar Rechtsanwälte and Bavelaar Attorneys at Law. Chamber of Commerce (KvK) 76683583, VAT NL8607.46.124.B01. The firm has a branch office (unselbständige Zweigstelle) in Hamburg.

Our Dutch lawyers (advocaten) are registered with the Dutch Bar Association (Nederlandse orde van advocaten). Our German lawyers are members of the Rechtsanwaltskammer. The websites of these organisations set out the statutory rules and rules of professional conduct that apply to them.

Under the Anti-Money Laundering and Anti-Terrorist Financing Act (Wwft), lawyers are in certain cases required to verify the identity of their clients and to report unusual transactions. Comparable legislation applies to German lawyers. More information is available from the Financial Supervision Office (Bureau Financieel Toezicht) and the Dutch Bar Association.

Dutch lawyers are required to take out professional liability insurance (Article 6.24(1) of the Bar Regulation, Verordening op de advocatuur), with a minimum sum insured of EUR 2,500,000 for firms. German lawyers are subject to the same obligation. Our insurance provides worldwide cover. Our general terms and conditions of January 2025 apply to our services.

The information on this website has been compiled with care, but it is general in nature and does not constitute legal advice. No rights can be derived from its content. For advice on your situation, please contact us.

Article 1 Definitions

In this complaints procedure, the following terms have the following meanings:

• complaint: any written expression of dissatisfaction by or on behalf of the client with the lawyer or the persons working under the lawyer's responsibility regarding the conclusion and performance of a contract for services, the quality of the services or the amount of the invoice, other than a complaint within the meaning of section 4 of the Advocates Act (Advocatenwet);
• complainant: the client, or the client's representative, who makes a complaint;
• complaints officer: the lawyer responsible for handling the complaint.

Article 2 Scope

1. This complaints procedure applies to every contract for services between Bavelaar & Bavelaar Advocaten Rechtsanwälte (hereinafter the "Firm") and the client.
2. Every lawyer of the Firm ensures that complaints are handled in accordance with this complaints procedure.

Article 3 Objectives

The objectives of this complaints procedure are:

1. to establish a procedure for handling client complaints constructively and within a reasonable period;
2. to establish a procedure for determining the causes of client complaints;
3. to maintain and improve existing relationships through sound complaint handling;
4. to train staff to respond to complaints in a client-focused manner;
5. to improve the quality of our services through complaint handling and complaint analysis.

Article 4 Information at the start of the engagement

1. This complaints procedure has been made public. Before the contract for services is concluded, the lawyer informs the client that the Firm has a complaints procedure and that it applies to the services.
2. The Firm has set out in its general terms and conditions the independent party or body to which a complaint that has not been resolved after handling may be submitted for a binding decision, and has made this known in the engagement letter.
3. Complaints as referred to in Article 1 of this complaints procedure that have not been resolved after handling are submitted to the District Court.

Article 5 Internal complaints procedure

1. If a client approaches the Firm with a complaint, the complaint is referred to Mr. Dr. P. Bavelaar LL.M., who acts as complaints officer.
2. The complaints officer informs the person complained about that a complaint has been made and gives the complainant and the person complained about the opportunity to explain their position.
3. The person complained about tries to reach a solution together with the client, with or without the involvement of the complaints officer.
4. The complaints officer deals with the complaint within four weeks of receiving it or, stating the reasons, notifies the complainant of any departure from this period, specifying the period within which a decision on the complaint will be given.
5. The complaints officer informs the complainant and the person complained about in writing of the decision on whether the complaint is well founded, with or without recommendations.
6. If the complaint has been resolved satisfactorily, the complainant, the complaints officer and the person complained about sign the decision on whether the complaint is well founded.

Article 6 Confidentiality and free complaint handling

1. The complaints officer and the person complained about observe confidentiality in handling the complaint.
2. The complainant does not have to pay any fee for the costs of handling the complaint.

Article 7 Responsibilities

1. The complaints officer is responsible for dealing with the complaint in good time.
2. The person complained about keeps the complaints officer informed of any contact and any possible solution.
3. The complaints officer keeps the complainant informed of the progress of the complaint.
4. The complaints officer maintains the complaint file.

Article 8 Complaint registration

1. The complaints officer registers the complaint together with its subject.
2. A complaint may be classified under more than one subject.
3. The complaints officer reports periodically on the handling of complaints and makes recommendations to prevent new complaints and to improve procedures.
4. At least once a year, the reports and recommendations are discussed within the Firm and submitted for decision.