General Conditions

General Conditions Croon Aviation Lawyers

 

1.      Croon Aviation Lawyers

1.1    CroonCo B.V. (‘Croon Aviation Lawyers’) is a private company with limited liability, established in Amsterdam.

1.2    These general conditions have also been stipulated for the benefit of all those who are involved in the performance of the assignment on behalf of Croon Aviation Lawyers.

 

2.      The agreement for services

2.1    These general conditions shall be applicable to all the assignments accepted by Croon Aviation Lawyers, any follow-up assignments and all other activities.

2.2    Notwithstanding the provisions of Section 7:404 en 7:407 (2) of the Dutch Civil Code all assignments are accepted and performed by Croon Aviation Lawyers. This also applies if it is tacitly intended that an assignment will be performed by a specific individual.

2.3    The performance of the assignment given shall only be effected for the benefit of the Client. Third parties cannot derive any rights from the content of the activities performed.

2.4    If the Client provides the content of the activities performed on his behalf by Croon Aviation Lawyers to third
parties, the Client shall be obliged vis-à-vis Croon Aviation Lawyers to point out the applicability of these general conditions to that third party. If a third party makes use of the content of those activities in any way whatsoever that third party shall be bound to the contents of these general conditions.

 

3.      Engagement of third parties

3.1    The choice of third parties to be engaged by Croon Aviation Lawyers shall be made with due care and, where possible, in consultation with the Client.

3.2   Croon Aviation Lawyers shall not be liable for any shortcomings of third parties engaged by it and is authorised by the Client to accept any restrictions of liability of third parties on behalf of the Client.

 

4.      Liability

4.1    Every liability of Croon Aviation Lawyers shall be limited to the amount paid out in the relevant case under the professional liability insurance of Croon Aviation Lawyers, increased by the excess that is not at the expense of the insurer according to the conditions of the policy.

4.2    If, and in so far, for any reason whatsoever no payment will be made under the relevant professional liability insurance, the above-mentioned liability shall be limited to € 250,000.–.

 

5.      Indemnification by the Client for claims of third parties

5.1    The Client shall indemnify Croon Aviation Lawyers against all claims of third parties that are related in any way with the activities performed for the Client.

5.2    The Client shall indemnify Croon Aviation Lawyers and also the persons referred to in article 1.2 against claims of third parties that assert to have suffered damage as a result of or in connection with an erroneously made report within the framework of the Money Laundering and Terrorist Financing (Prevention) Act.

 

6.      Rates and payment

6.1    The fee for the activities performed by Croon Aviation Lawyers shall be established on the basis of the number of hours worked multiplied by the hourly rates applied by Croon Aviation Lawyers. In addition a compensation for travelling by car or public transport and, if applicable, turnover tax and disbursements (bailiff’s charges, court fees and the like).

6.2   Croon Aviation Lawyers shall be entitled to change the hourly rates and travelling expense allowance applied by it annually.

6.3    The payment of fee notes by the Client must be made without reduction, suspension or setoff within 14 days after the invoice date. If case of non-payment within this period Croon Aviation Lawyers shall be entitled to charge extrajudicial costs on the amount to be collected at the expense of the Client.

6.4   Croon Aviation Lawyers shall be entitled to suspend the work assigned if invoices, agreed advance invoices or interim fee notes have not been paid in time, the credit risk of the Client is estimated as too high or if the continuity of the operational management of the Client is insufficiently secure.

 

7.      Miscellaneous

7.1    All the agreements between the Client and shall be subject to Dutch law. Disputes shall only be settled by the District Court of Amsterdam.

7.2    These general conditions are drafted in the Dutch and English language. In the event of any difference in the contents or  tenor, the Dutch text shall be binding.

 

 

April  2014