General terms of business TP
Article 1: Acceptance
These Terms and Conditions apply to all services provided to clients by the lawyers belonging to the Turk&Prum law firm (hereinafter T&P) with registered office in L-1651 Luxembourg, 13A, avenue Guillaume (hereinafter “lawyer(s)”).
By entrusting a lawyer of TP with a mandate, the client is deemed to be aware of and to accept these Terms and Conditions without reservation.
In the event of any conflict between these Terms and Conditions and client’s terms and conditions, the Terms and Conditions of TP shall always prevail.
Article 2: Lawyer’s obligations
TP’s lawyers are committed to fulfil their mission with diligence, pursuant to the professional standards and in obedience to the professional rules they are bound to observe and in particular the Lawyer Act and the Internal Rules of the Luxembourg Bar Association.
Article 3: Opinions, advice, written documents
Any types of opinions, advice, written documents coming from TP are protected by intellectual property rights and may only be transferred, used or reproduced with the explicit prior consent of TP. These opinions, advice, written documents of any types relate to a specific client in a given case and may not be applied to other situations or persons without a prior written consent of TP.
Article 4: Advances, fees, costs
TP’s lawyer’s fees are based on the time spent on the case, the level of difficulty of the mission, the relationship with the client and the result obtained by the client. The fees are based on an hourly rate excluding VAT communicated to the client.
The hourly rate may be revised periodically.
The hourly rate is based in particular on the area of expertise and the professional experience of the lawyers having provided services to the client in the case, the degree of complexity of the case and the urgency of the case. Depending on the result obtained, TP reserves the right to apply a success fees.
Usual office costs are invoiced additionally to the attorney’s fees by TP.
Court fees, witness expenses, translation costs, travel expenses and all other expenses incurred in relation to the case are borne by the client
The fees and expenses are payable at the creditor's place of business.
TP’s invoices give rise to Luxembourg VAT at the rate applicable when the invoice is raised, if the recipient is a non-taxable person for VAT purposes residing in a Member State of the European Union or if the non-Luxembourgish recipient, taxable for VAT purposes, fails to provide the intra-community VAT identification number before the issue of the invoice or doesn’t have an intra-community VAT identification number.
The parties agree that any request for an advance on costs or fees, interim or final invoice shall be payable on receipt of the invoice. Any delay in payment shall automatically generate supplementary interest charge in accordance with article 5 or 12 of the law of April 18th 2004 law relating to payment deadlines and late payment interest, as amended.
TP reserves the right to suspend performance of its services or execution of orders in the event of non-payment by the client of an interim invoice or a request for an advance on costs.
Article 5: Liability
TP’s lawyers are committed to exercise reasonably required diligence in carrying out their duties. They are only bound by an obligation of means (obligation de moyens).
Lawyers and other people operating within TP may only be held liable in case of wilful misconduct or gross negligence. Any action asserting liability must be brought before Court within a period of one year, reckoned from the occurring of wilful misconduct or gross negligence. After expiration of the year period, such a claim or cause of action is time barred (prescrite).
TP’s lawyers are insured by the professional liability insurance policy of the Luxembourg Bar Association. The maximum compensation amount a client may be entitled to, is limited to the amount paid out by the insurer for a lawyer in the respective case.
In the event that the professional liability insurance policy of the members of the Luxembourg Bar does not apply for any reason, liability will be limited to a maximum amount corresponding to the amount of the fees, excluding VAT, invoiced to the client in relation to the case giving rise to liability occurred, multiplied by four, without such amount being higher than EUR 50.000.-.
Article 6: Storage
TP will charge a lump-sum amount of EUR 25.- corresponding to the storage costs of the file at the firm.
After the issue date of the final invoice, TP will keep the file (procedure and pieces of evidence) for a period of five years. If the client does not retrieve the file at the firm’s offices on an appointment basis on expiry of this period, the client already hereby authorizes TP to destroy the client’s file five years after the issuance of the final invoice.
Article 7: Data protection
TP’s client’s personal data processing policy can be consulted and downloaded on the website www.turkprum.lu. It is also sent to the client by mail ou e-mail upon creation of the file.
The personal data processing policy is developed in accordance with the Regulation EU 2016/679 of the European Parliamant and the Council of 27 April 2016, entered into force on May 25th 2018.
The Regulation EU 2016/679 and the personal data processing policy of TURK & PRUM applies only to the processing of personal data relating to natural persons, excluding legal persons.
Article 8: Applicable law and jurisdiction
Professional relations between TP, its lawyers, other people operating within TP and their clients are exclusively governed by Luxembourg law and lie within the exclusive jurisdiction of the courts and tribunals of the judicial district of Luxembourg.
Article 9: Changes in the General terms of business
These Terms and Conditions may be subject to modifications at any time at TP’s discretion. The latest version of the Terms and Conditions shall apply from the date of its publication on the website of TP.
These Terms and Conditions may be consulted on the website www.turkprum.lu.
Should this English version be in contradiction with the French version, the French version shall prevail.