Complaints procedure

 

COMPLAINTS PRECEDURE OF THE PUBLIC LIMITED COMPANY VAN IERSEL LUCHTMAN N.V.

 

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Article 1 - definitions

In this complaints procedure, the following definitions apply:

  • client: a natural person or  legal person (private or public) who, pursuant to the conclusion of a contract for services with Van Iersel Luchtman N.V. (hereinafter: the Company), makes use or has made use of the services of the Company;
  • complaint: any written expression of dissatisfaction by or on behalf of the client against  the lawyer or against persons acting under the lawyer’s responsibility regarding the realisation and implementation of a contract for services, the quality of the services or the amount of the invoice, other than a complaint as referred to in paragraph 4 of the Dutch Counsel Act (Advocatenwet);
  • complainant: the client or his/her representative filing a complaint;
  • complaints officer: the lawyer in charge of handling the complaint;

 

Article 2 - scope of application

This complaints procedure is applicable to all contracts for services between the Company and the client, unless the Company and the client have explicitly deviated from this complaints procedure in the contract for services or by means of any other written document.

 

Article 3 - purpose

The purpose of this complaints procedure is:

a. to record a procedure for handling customer complaints within a reasonable period and in a constructive manner;

b. to record a procedure for determining the causes of customer complaints;

c. to maintain and improve existing relationships by means of effective complaints handling;

d. to train staff to handle complaints in a customer-friendly manner
    to improve the quality of service by means of complaints handling and complaints analysis.

Article 4 - information on commencement of services

1.       The lawyer, as referred to in Article 6:28 of the Regulation on the Legal Professions (Verordening op de Advocatuur), before concluding the contract for services, will make the client aware of the Company’s  complaints procedure – which is published on www.vil.nl – and that this procedure applies to the services.

2.      A complaint that is not resolved after being handled in accordance with the internal complaints procedure provided for in Article 5 of this complaints procedure may be submitted for a binding decision to the Legal Professions Disputes Committee or to the civil Court, in accordance with Article 9 of the general terms and conditions of the Company.

Article 5 - internal complaints procedure

1.       A complaint filed by a client with the Company will be redirected to the member – who is also a lawyer - of the executive management of the Company who is responsible for the implementation of this internal complaints procedure, and acts as complaints officer. The complaints officer or, as the case may be, the person designated by the complaints officer notifies the person who is the subject of the complaint about the filed complaint.

2.       The complaints officer or the person designated by the complaints officer gives the complainant and the person who is the subject of the complaint the opportunity to provide a more detailed explanation of the complaint.

3.       The person who is the subject of the complaint and the client will attempt to reach a solution, whether or not with the  intervention of the complaints officer or the person designated by the complaints officer.

4.       The complaints officer or the person designated by the complaints officer will handle the complaint within one month of receiving the complaint or will notify the complainant of any deviation from this period, stating reasons, and indicate the period in which a decision about the complaint will be given.

5.       The complaints officer or the person designated by the complaints officer will notify the complainant and the person who is the subject of the complaint in writing of the decision on the merits of the complaint, whether or not accompanied by recommendations.

Article 6 - confidentiality and free complaint handling

1.       The complaints officer, the person designated by the complaints officer and the person who is the subject of the complaint will observe confidentiality in respect of the complaint handling.

2.       The complainant does not owe any fee for the cost of handling the complaint.

Article 7 - responsibilities

1.       The complaints officer is responsible for the timely handling of the complaint.

2.       The person who is the subject of the complaint will notify the complaints officer or the person designated by the complaints officer about any contact and a possible solution.

3.       The complaints officer or the person designated by the complaints officer will keep the complainant informed about the handling of the complaint.

Article 8 - complaints registration

1.       The complaints officer records the complaint, stating the subject of the complaint.

2.       A complaint may concern several subjects.

 

January 2016