Below you will find our general terms and conditions.
Separate conditions apply to clients who are assisted in pro deo.
The client instructs the lawyer to represent his case. Any disagreement with an act performed by the lawyer must be reported within a very short period of time.
The lawyer informs the client punctually about the execution of his assignment and about the course of the handling of the case. The client provides the lawyer punctually and during the entire duration of the assignment, if necessary at the request of the lawyer, with all useful information.
The client undertakes to go through all correspondence from the client without delay and to immediately transfer requested instructions or a requested agreement. After 24 hours, or in case of urgency, the lawyer may interpret a lack of response as an agreement or disagreement depending on his interpretation of the situation.
3.1. The client agrees that the lawyer can call on other lawyers, bailiffs, civil-law notaries, experts, translators, etc. for specific assignments. The lawyer cannot be held personally liable for the intervention of these third parties.
3.2. If it is necessary for the execution of the assignment that an appeal is made to a lawyer, bailiff, civil-law notary, expert or a translator, the client leaves the choice of choice to the lawyer, unless the client expressly indicates his own preference to the lawyer.
4.1. The statement of costs and fees of a lawyer can contain three elements: the lawyer's costs, the court costs and the expenses and the fee.
4.2.1. The lawyer will estimate his fees according to reasonableness and fairness and in accordance with the general customs of the profession. The fee cannot depend solely on the result achieved. The result achieved can only be taken into account together with other fixed parameters, such as the nature of the case, the scope of the case, the degree of difficulty, the lawyer's experience and the urgency of the assignment.
4.2.2. From 1 January 2016, and can be indexed annually, a rate of €125 will be the starting point if the hourly rate is used. Each activity is billed for a minimum of 5 minutes. Travel time and waiting time on site are not charged separately.
4.2.3. Fixed minimum amounts can be used for specific procedures or interventions (for a non-exhaustive list, see Appendix 2).
4.2.4. In the event of an excellent result obtained through the intervention of the lawyer, it is foreseen that a commission of a maximum of 15% of the amount of the bet can be charged in addition to or in addition to the stipulated hourly rate. The legal compensation awarded in a case won will count as a bonus for good performance and will not be set off against the fee statements.
4.2.5. With regard to services performed for other lawyers, the lawyer follows the replacement rate of €75 excl. VAT for services lasting up to one hour. A normal hourly rate is charged for all replacement services that exceed the hour.
4.2.6. Appointments made less than 2 hours in advance or not canceled will count as appointments of 30 minutes. Appointments start at the hour they are registered, even if the client arrives late.
4.2.7. If agreements are made during the first consultation or written communication for the further management of the file, and the client does not immediately or in good time inform them that this mandate will be withdrawn, then the services performed and costs incurred in the meantime can be invoiced.
Timeliness solely depends on the moment that the lawyer has taken cognizance of the withdrawal of the mandate, and not on the time when the revocation is sent: the lawyer will always confirm if he has taken cognizance of the withdrawal; if necessary, the client should telephone to make sure that the lawyer has seen the written communication.
4.3. The office costs are fixed, and can be changed annually 15%, of the fee, with a minimum of 100 €.
4.4. The court costs and expenses are the costs that the lawyer has had to advance to third parties, such as the bailiff, the registry, translators and public authorities. These costs are stated precisely and in detail in the statement of costs and fees.
4.5. Before the start of the assignment and while the case is being handled, the lawyer can request one or more advance payments. An advance is the lump sum that the client pays to the lawyer, prior to a detailed statement of costs and fees.
In the final statement of costs and fees, the advances are deducted from the total amount.
4.6. The client pays the advances and the final statement of costs and fees of the lawyer within fourteen days of receipt of the invitation to pay. The lawyer can, if necessary for the proper service, determine a shorter payment term, stating reasons. Invoices from clients who are already in default with previous invoices are immediately payable.
4.7. If the client does not agree with the requested advance or the final statement, he must protest this in writing within fourteen days of receipt.
4.8. After written demand for payment of the outstanding statement of costs and fees and in the absence of a justified protest, the client owes interest on the outstanding balance equal to the legal interest rate from the date of the demand.
Conventional compensation will also be payable amounting to 10% of the amount due, with a minimum of €250 and a maximum of €1,000, per outstanding invoice. In accordance with the Commercial Practices Act, these provisions of point 4.8. also applicable in favor of the client in case of default or default by the lawyer.
4.9. If the client requests payment terms, an allowance is due for the additional administrative costs associated with this. This allowance is set at €30 per fee statement to be paid. Each installment agreement presupposes payment of the total amount due in a maximum of 12 mensualities, to be paid by standing order, with a minimum of €50 per payment. In case of payment over a longer period, a fixed surcharge of 100 € is due. In case of succession, the payment agreement will expire. The installment agreement also lapses in the event of non-payment.
Express reference is made to Annex 1 attached to the present Agreement, which is deemed to form part of it.
4.10. In the event of an unpaid fee statement or provision statement, the lawyer is not obliged to continue the file from the due date of the invoice. He will make efforts to inform the client about this as soon as possible, but will never be liable for any damage as a result of this strike in performance.
4.11. The client expressly declares that he knows and accepts that he is either not entitled to receive assistance in secondary legal assistance, or that he expressly waives this.
To the extent that the client would still be entitled in this context during the term of the lawyer's activities or would still wish to intervene in this context, he is obliged to notify the lawyer of this by registered letter.
All services up to the date of receipt of the registered letter will then remain outside the scope of second-line legal assistance.
With the agreement of the lawyer on the one hand and with the granting of a registration by the Bureau for Second-Line Legal Assistance on the other, the services will be provided free of charge for the client from this date.
The client is personally liable to see to it that the registration is arranged by the Bureau for Second-Line Legal Assistance and must submit all necessary documents and evidence to this end to the Bureau for Second-Line Legal Assistance (Burg. Nolfstraat 10a, 8500 Kortrijk, tel. 056,269). .555).
4.12. The client is informed that all services performed from 1 January 2014 are subject to VAT. All fees and costs from that date will thus be increased by the applicable VAT rate, which will be paid to the competent tax authorities.
4.13. All incoming funds can be used to pay the outstanding debts towards the lawyer.
4.14. The client is informed about the existence of the Consumer Disputes Ombudsman. The lawyer confirms that he is not prepared to work through out-of-court dispute settlement.
5.1. The lawyer transfers all amounts he receives for his client to his client within the shortest possible time. If the lawyer is unable to transfer an amount immediately, he will notify the client of the receipt of the amount and will inform him of the reason why the amount is not transferred.
5.2. The lawyer may deduct sums from the amounts he receives on behalf of the client to cover outstanding advances or statements of costs and fees. He informs the client of this in writing. This provision is without prejudice to the client's right to contest the attorney's fee statements and to claim payment of such withheld amounts.
5.3. The lawyer deposits all amounts that he receives from a client on behalf of third parties immediately to these third parties, except in the case of outstanding debts with the lawyer, in which case the lawyer has the right to pay this debt first subject to explicit and written notification to the client.
6.1. The lawyer is insured for his professional liability with Amlin Europe N.V., registered office in Amstelveen, the Netherlands - Trade register no. 33055009, Belgium branch - RPR 0416.056.358 - Company authorized under code no. 0745. The policy covers the consequences of acts committed throughout the world, for activities carried out from the office located in Belgium.
The client is always free to inquire with the lawyer about the amount of the current cover at that time of the insurance. If the client wishes the lawyer to take out additional insurance, the parties will conclude an additional agreement in this regard.
6.2. If the professional liability insurer does not cover the damage, without the lawyer being at fault, the compensation on the basis of a professional error by the lawyer will be limited in principal, costs and interest to an amount of €1,000.00.
Registered as a lawyer at the Kortrijk Bar, Mr. Vantomme is subject to the regulations of the Flemish Bar Association, the National Bar Association and the Kortrijk Bar, as well as the codes of conduct that can be consulted on www.advocaat.be.
8.1 The client can terminate the agreement at any time by notifying the lawyer in writing. The lawyer submits his final statement of costs and fees to the client, taking into account his performance up to the termination of the agreement. At first request, the lawyer will return the documents in the file to the client.
8.2 The lawyer can terminate the agreement at any time by notifying the client in writing. In determining the moment at which he ceases his services, the lawyer must take into account the possibility for the client to obtain the necessary assistance from another lawyer in good time.
You can contact mr. Vantomme for the following services, among other things: legal assistance as a lawyer.
mr. Vantomme runs his office in his personal name. He is a lawyer in Belgium and is registered at the Kortrijk Bar.
The company number of the office of mr. Vantomme is 0817.478.881.
If you would like further information or if you have a complaint, you can contact mr. Vantomme:
Address: Beheerstraat 44, 8500 Kortrijk
- Responsible for the processing
The lawyer is responsible for the processing within the meaning of the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data (Belgian Official Gazette 18 March 1993).
- Processing data
In the current privacy statement, "data" means all information that You provide to the lawyer.
The lawyer processes the following categories of data.
a. The data collected via the website www.advantius.be. This data only includes the name, first name, telephone number and e-mail address of the data subject.
This category of data is hereinafter referred to as “category a”.
b. The data that the lawyer collects or processes in the context of his legal services.
This data contains all data concerning the request for advice or the subject of a dispute or procedure. This data includes identity data (including name, first name, address, profession, place and date of birth, contact details, marital status, national register number, company number and VAT number), as well as sensitive personal data (data revealing racial or ethnic origin, political opinions, reveal religious or philosophical beliefs or trade-union membership, as well as the processing of personal data relating to sexual life and health, as well as personal data in disputes submitted to courts and tribunals as well as administrative courts, on suspicions, prosecutions or convictions relating to crimes, or regarding administrative sanctions or security measures)
This category of data is hereinafter referred to as “category b”.
This data is collected as follows:
- The data of category a is only collected directly via the lawyer's website, using the contact form intended for that purpose.
- The data of category b is collected from data subjects, but can also be communicated by third parties (other lawyers, other parties involved in a dispute, public authorities and ministerial officials), both at the request of the lawyer and at the initiative of these third parties.
By filling in the data on the contact form or concluding an agreement with the lawyer, both the data subject and, where appropriate, his legal representative(s) give their unambiguous consent to the processing of the data provided for the purposes of this privacy statement. described purposes (see the section “Purposes for which the data is processed” of the chapter “privacy statement”) and both the data subject and, where applicable, his legal representative(s) acknowledge that he has read this privacy statement, the content of this privacy statement has understood and accepted this privacy statement.
The lawyer does not use so-called "cookies" to collect data.
- Purposes for which the data is processed.
The data collected is intended to be processed for the following purposes:
- The data of category a are exclusively intended to allow the lawyer to reply to the contact form that the person concerned has completed and sent.
- The data of category b are intended to be processed for the administration of the lawyer (customer management and file management), for the defense of the interests of clients, for the establishment, exercise or defense of legal claims and for the fulfillment by the lawyer of his legal, regulatory and ethical obligations (including the prevention of conflicts of interest).
The processing of sensitive personal data of category b is permitted on the basis of the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data (Belgian Official Gazette 18 March 1993).
The data will not be used for direct marketing purposes.
- The mandatory or non-mandatory nature of the provision of data and the possible consequences of not providing data.
The provision of data is not mandatory.
If the data of category a is not provided, the lawyer will not be able to reply to the contact form that the person concerned has completed and sent.
If the data of category b is not provided, the lawyer cannot use this data in the context of legal services. The provision of incomplete or inaccurate information may result in the refusal or discontinuation of legal services, in incorrect or inaccurate advice, in the loss of an opportunity in the context of a claim or defense and in costs, including legal costs incurred by the the person concerned can be convicted against other parties.
- The recipients and categories of recipients of the data.
The data will only be processed by the lawyer for the purposes described in this statement.
The data that has been processed can be received by third parties, also outside the European Union.
The data that are not disclosed to third parties in the context of legal services are only accessible to the lawyer and his appointees and employees. Access to this data by the appointees and lawyers' employees is limited to what they need for the performance of their duties or to what is necessary for the needs of the service. The lawyer will not share this information with third parties, unless this is required by or pursuant to the law.
- Right to access and rectify personal data
Everyone is entitled to access the data concerning him and to have all incorrect personal data concerning him corrected free of charge.
To this end, you send a dated and signed request, accompanied by a copy of your identity card, to the lawyer.
It has already been stated above that the processing of data by the lawyer is subject to Belgian law, and more specifically to the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data (Belgian Official Gazette 18 March 1993).
If you have any questions in connection with the application of this law, you can contact the Commission for the Protection of Privacy, established at 1000 BRUSSELS, Drukpersstraat 35. The Commission for the Protection of Privacy keeps a public register of the automated processing of personal data. You can consult this public register. You can consult the website of the Commission for the Protection of Privacy and the public register at http://www.privacycommission.be/.
The processing and protection of personal data is subject to European Union regulations.
Both Belgian and European regulations are subject to change, especially with regard to the protection of privacy.
The lawyer's activities and objectives are also subject to change.
The Belgian law applies.
The courts of the district of West Flanders, department Kortrijk are competent.