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Salvador-Ingelse Law Practice complaints procedure

Article 1. Definitions

  1. In this office complaint scheme, the following definitions shall apply
    1. Complaint: a written expression of dissatisfaction by or on behalf of the client towards Mr Ingelse or the persons working under his responsibility regarding the conclusion and performance of an agreement for services, the quality of the services provided or the amount of the fee, not being a complaint as referred to in paragraph 4 of the Lawyers Act
    2. Complainant: the client or client’s representative making a complaint.

Article 2. Scope of application

  1. This office complaint scheme applies to every contract of engagement between mr. Ingelse and the client.
  2. Mr Ingelse takes care of complaint handling in accordance with the office complaints procedure.
  3. If the client does not wish Mr Ingelse to handle the complaint, Mr Ingelse may request that advisor of the firm, former lawyer and jurist, Ms Sandra Salvador-Muller, act as complaints officer. In that case, the client accepts that a non-lawyer handles the complaint and that this may not be in line with the premise of article 6.28 of the Regulation on the Legal Profession is that a lawyer handles a complaint.

Article 3. Objective

  1. The purpose of this office complaint scheme is to:
    1. Establishing a procedure to handle client complaints within a reasonable time and in a constructive manner;
    2. Establishing a procedure to identify the causes of client complaints;
    3. maintaining and improving existing relationships through proper complaint handling;
    4. Improving service quality through complaint handling and complaint analysis.

Article 4. Information at the start of service provision

  1. This office complaint scheme has been made public. When entering into the engagement agreement, Mr. Ingelse informs the client that the firm has an office complaints procedure and that it applies to the services provided.
  2. If, in the contact with the client, the complaint is not dealt with to his/her satisfaction, the client can take the matter to the civil court and, if necessary, to the Board of Discipline and, on appeal, to the Court of Discipline.

Article 5. Internal complaint procedure

  1. If a client approaches Mr Ingelse with a complaint, the complaint will be handled by him. Mr Ingelse will give the complainant the opportunity to provide an explanation of the complaint.
  2. Mr Ingelse tries to reach a solution together with the client.
  3. Ingelse shall deal with the complaint within four weeks of its receipt, or he shall notify the complainant of any deviation from this deadline, giving reasons, stating the period within which an opinion on the complaint will still be given.
  4. If the complaint is found to be justified, Mr Ingelse will inform the complainant in writing with notice of the handling of the complaint.

Article 6. Confidentiality and free complaint handling

  1. Ingelse shall observe confidentiality in handling complaints.
  2. The complainant is not liable to pay any compensation for the costs of handling the complaint.

Article 7. Complaint registration

  1. Mr Ingelse registers the complaint along with the complaint subject.
  2. Mr Ingelse takes measures to prevent new complaints as well as to improve procedures if necessary.

Article 8. Liability

  1. Salvador-Ingelse is insured for professional liability in accordance with the Regulation on Professional Liability adopted by the Netherlands Bar Association. Salvador-Ingelse is insured with AON Risk Solutions | Professional Services (Aon Nederland, KvK: 24061634), located at Admiraliteitskade 62 in (3063 ED) Rotterdam.
    1. Any liability of Salvador-Ingelse shall be limited to the amount paid out by Salvador-Ingelse’s professional liability insurer in the case in question, plus the excess not borne by the insurer under the terms of the policy. If and insofar as, for whatever reason, no payment is made under the liability insurance, liability shall be limited to a maximum of the amount of the invoice(s) in the relevant case, with a maximum of €5,000.
    2. Without prejudice to the provisions of Section 6:89 of the Dutch Civil Code, a claim for compensation shall in any case lapse if SalvadorIngelse has not been notified in writing within six months after the client became aware or could reasonably have become aware of the event or omission on which he/she bases the claim and/or from which the damage arises.
    3. In any event, any liability shall expire five years from the day after the case has come to an end, identifiable from the letter of filing and/or the final declaration.
    4. Salvador-Ingelse accepts no liability for damage due to third parties gaining unauthorised access to client data, including electronic data, including personal data in the broadest sense of the word, stored at Salvador-Ingelse or at third parties engaged by Salvador-Ingelse in connection with the execution of the practice, except to the extent of wilful intent or deliberate recklessness. Should Salvador-Ingelse nevertheless be liable, such liability shall be limited in accordance with paragraphs 2, 3 and 4 of this provision.

 

April 26th, 2023