Complaints procedure Salvador-Ingelse Law Practice

Article 1. Definitions

In this complaints regulation, the following definitions apply:

• complaint: a written expression of dissatisfaction from or on behalf of the client towards  Mr. Chris Ingelse or the persons working under his responsibility about the conclusion and execution of a contract for services, the quality of the services provided or the amount of the invoice, not being a complaint as referred to in paragraph 4 of the Lawyers Act (‘Advocatenwet’);
• complainant: the client or his representative who makes a complaint.

Article 2. Scope of application

1. This complaints regulation applies to every contract for services between Mr. Ingelse and the client.
2. Mr. Ingelse is responsible for handling complaints in accordance with the complaints regulation.
3. In case the client does not want Mr. Ingelse to handle the complaint, Mr. Ingelse can ask for the office advisor , former attorney-at-law (‘advocaat’) and  lawyer, Mrs. Sandra Salvador-Muller, to act as complaints officer. In that case, the client accepts that a non-attorney-at-law handles the complaint and that this may not be in accordance with the basic principle of Article 6.28 of the Regulation on the Legal Profession (‘Verordening op de Advocatuur’) that an attorney-at-law (‘advocaat’)  handles a complaint.

Article 3. Objectives

This complaints regulation aims to:

1. establish a procedure to deal with complaints from clients within a reasonable time and in a constructive manner;
2. establish a procedure to determine the causes of client complaints;
3. maintain and improve existing relationships through good complaints handling;
4. improve the quality of the service with the help of complaints handling and complaints analysis.

Article 4. Information given at the start of services

1. This complaints regulation has been made public. Upon entering into the contract for services, Ingelse points out to the client that the office has an office complaints procedure and that this applies to the services.
2. If the complaint is not settled satisfactorily in contact with the client, the client can submit the matter to the civil court and, if necessary, to the Council of Discipline (‘Raad van Discipline ‘) and in appeal to the Court of Discipline (‘Hof van Discipline’).

Article 5. Internal complaints procedure

1. If a client contacts Mr. Ingelse with a complaint, this complaint will be handled by Mr Ingelse. Mr. Ingelse gives the complainant the opportunity to explain the complaint.
2. Mr. Ingelse tries to find a solution together with the client.
3. Mr. Ingelse will deal with the complaint within four weeks of receipt thereof, or he will notify the complainant, stating the reasons, of any deviation from this term, stating the term within which an opinion on the complaint will still be given.
4. If the complaint is found to be well-founded, Mr. Ingelse will inform the complainant of this in writing, stating how the complaint has been handled.

Article 6. Confidentiality and free complaint handling

1. Mr. Ingelse observes confidentiality when handling complaints.
2. The complainant does not owe any compensation for the costs of handling the complaint.

Article 7. Complaint registration

1. Mr. Ingelse registers the complaint with the subject of the complaint.
2. If necessary, Mr. Ingelse will take measures to prevent new complaints and to improve procedures.

Article 8. Liability

1. Salvador-Ingelse is insured for professional liability in accordance with the Regulation on the Professional Liability established by the Dutch Bar Association. Salvador-Ingelse is insured with AON Risk Solutions | Professional Services (AON Netherlands, Chamber of Commerce: 24,061,634), located at Admiraliteitskade 62, (3063 ED) Rotterdam (The Netherlands).
   1. Any liability of Salvador-Ingelse is limited to the amount paid by the insurance company in the event, plus the amount of excess payable according to the insurance contract for that event. If and to the extent that, for whatever reason, no payment is made under the liability insurance, liability is limited to the amount of the invoice(s) in the case concerned, with a maximum of € 35,000.
   1. Without prejudice to the provisions of Article 6:89 of the Dutch Civil Code, a claim for compensation and/or liability will in any case lapse if Salvador-Ingelse has not been informed of this in writing within six months after the client became aware of or could reasonably have been aware of the event, failure to act or negligence of Salvador-Ingelse upon which client bases the claim and / or from which the damage ensues.
   1. Any liability expires in any event five years after the day after the matter comes to an end, as indicated in the letter for filing and / or the final invoice.
   1. Salvador-Ingelse does not accept any liability for damages due to third parties gaining unauthorized access to data, including electronic data, including personal data in the broadest sense of the word, stored with Salvador-Ingelse or its third parties assisting in storing, except insofar as there is intent or deliberate recklessness. Should Salvador-Ingelse nevertheless be liable, then this liability is limited in accordance with paragraphs 2, 3 and 4 of this provision.

29 December 2021