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:

  1. Establish a procedure for the constructive handling of client complaints;
  2. monitor and improve service quality through complaint analysis;
  3. 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

  1. If a client approaches the firm with a complaint, it will be referred to the designated complaints officer.
  2. The complaints officer shall give the complainant an opportunity to explain the complaint.
  3. The complaints officer will try to reach a solution together with the complainant.
  4. 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.
  5. The complaints officer shall inform the complainant in writing of the verdict on the merits of the complaint, possibly accompanied by recommendations.
  6. No appeal or objection is possible against the opinion of the complaints officer.
  7. 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],
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