Complaints scheme
Article 1 - Definitions
In this complaints procedure, the following definitions apply:
(i) Complaint: any written expression of dissatisfaction by or on behalf of the client towards the lawyer or a person performing work under his responsibility, regarding the conclusion and/or execution of a contract of engagement or the quality of services;
(ii) Complainant: the client or his/her representative filing a complaint;
(iii) Complaints officer: The person in charge of handling the complaint. This officer acts independently and is not (has not been) directly involved in the issue to which the complaint relates.
Article 2 - Scope of application
This complaints procedure applies to any contract of engagement between Kaminada and the client. Any client has the right to complain about the acts or omissions of a Kaminada employee towards him or a third party.
Article 3 - Objectives
This scheme aims to:
- Establish a procedure for the constructive handling of client complaints;
- monitor and improve service quality through complaint analysis;
- ensure prompt, careful and free of charge handling of complaints.
Article 4 - Information at the start of service provision
- This complaints procedure is publicly available through Kaminada's website: kaminada.co.uk.
- The client is informed of this arrangement at the start of the service via the engagement letter.
- If a complaint referred to in Article 1 is not resolved to your satisfaction after settlement, the complaint may be submitted to the competent authority in the Netherlands, Portugal or Spain, depending on the applicable law as agreed.
Article 5 - Filing a complaint
A complaint should contain at least the following elements:
- the name and address of the complainant;
- the date of submission;
- a description of the act or omission to which the complaint relates.
The complaint may be addressed in writing to the complaints officer:
Mr Jon de Haas da Cruz, Director
Article 6 - Internal complaints procedure
- If a client approaches the firm with a complaint, it will be referred to the designated complaints officer.
- The complaints officer shall give the complainant an opportunity to explain the complaint.
- The complaints officer will try to reach a solution together with the complainant.
- The complaint will be dealt with within four weeks of receipt. If this is not possible, the complainant will be informed, stating the reason and the new deadline for handling.
- The complaints officer shall inform the complainant in writing of the verdict on the merits of the complaint, possibly accompanied by recommendations.
- No appeal or objection is possible against the opinion of the complaints officer.
- Filing a complaint will never result in any adverse or discriminatory treatment of the complainant by Kaminada employees.
Article 7 - Registration and analysis of complaints
- The complaints officer records the complaint and its issues.
- Complaints are analysed annually to improve services.
- Complaints are treated confidentially and kept for at least five years.
- Personal data processed under the complaints procedure will be handled in accordance with Kaminada's privacy policy.
Article 8 - Contact and final provisions
- If a complaint is not resolved to the client's satisfaction, it may be submitted to the binding arbitration of the Elche Bar Association.
- For questions about this scheme, contact the complaints officer at info@kaminada.nl or by phone.
- Kaminada's services are subject to its terms and conditions, as found at kaminada.co.uk.
- This grievance procedure shall come into force on [x],