General terms and conditions

Unless a different fee agreement has been or is entered into, the following is agreed in respect of the reasonable fees payable to Mag. Patrick Maydell, LL.M., Attorney at Law:

I undertake, jointly and severally, to pay his fees and those of his substitute lawyers, and disbursements of all kinds, particularly taxes, expenses and out-of-pocket costs, in accordance with the Austrian Bar Association's General Fee Criteria (AHK), or alternatively or additionally the Austrian Lawyers' Fees Act (RATG, using individual services or the standard supplement at his option) or Notaries' Fees Act (NTG), in each case as currently in force. Interim invoices and requests for advance payments are also agreed to be permissible.

Mag. Maydell may, at his option, charge for his services on a time basis, for each commenced ten-minute period, at the agreed net hourly rate plus VAT and disbursements. Where an hourly fee is agreed, the hourly rate is adjusted for inflation using the Consumer Price Index 2020 published monthly by Statistics Austria. Failure to make an adjustment does not waive the right to adjust. On adjustment, the new hourly rate is to be rounded to a full EUR 10 per hour.

Appointments with Mag. Maydell are binding and may be cancelled free of charge, without giving reasons, up to twelve hours beforehand. Appointments not cancelled in time are charged at 50% of the agreed fee.

Mag. Maydell may engage other lawyers as substitutes to perform the mandate. Client funds held by him may be offset against outstanding fees even if those fees are disputed. If recoverable costs awarded against the opponent in court proceedings exceed any agreed fixed, time-based or other fee for the services concerned, the costs recovered are due to Mag. Maydell.

Where legal expenses insurance has been disclosed, Mag. Maydell requests cover directly from the insurer to simplify administration, but the client has no legal entitlement to this service. Unless otherwise agreed, the client bears the cost of the coverage request even if cover is refused. Even when the insurer confirms cover, Mag. Maydell's client is exclusively the person instructing him, not the legal expenses insurer. Amounts not covered by the insurer — for example because of a deductible, partial exclusion, exhaustion of the insured sum or exclusion of a double standard supplement — must be paid by the client.

Mag. Maydell reviews insurance policy terms and the correctness of a refusal of cover only if separately instructed. Please note that legal expenses insurers generally cover representation costs only on the basis of the lawyers' tariff, without travel costs (the local or “Loco” tariff). Insurers also generally do not cover out-of-court efforts where litigation is subsequently commenced. Where hourly billing is agreed, invoices for the legal expenses insurer are primarily based on the lawyers' tariff. Any difference from the hourly fee and other agreed fees, such as success supplements, must be paid by the client. Invoiced fees remain payable even if the insurer refuses or delays payment, as the client owes the fee.

Austrian law applies. The place of performance and agreed jurisdiction is 1070 Vienna.

Agreement under section 17a RL/BA: Mag. Maydell's liability for damage arising from his professional activities is limited so that he is not liable for damage caused by negligence insofar as it exceeds the statutory insured amount of EUR 400,000.