Complaints Procedure
If, despite our efforts to provide you with the best possible service, you are not satisfied with ATIM Opleidingen, you may file a complaint. We will do everything in our power to resolve your complaint to your satisfaction. This procedure contains information on how to submit your complaint and the timeframe within which you can expect a response.
1. Definitions
- Client: A company that uses the services of ATIM as a client.
- Instructor: An instructor employed by ATIM Opleidingen, or an instructor hired by ATIM.
- Student: The person who follows a course at ATIM based on an agreement.
- Agreement: The (written) agreement that the client has entered into with ATIM before they proceed to the execution of the services.
- Complaint: A problem experienced by the complainant regarding the services provided by ATIM.
- Complainant: The client or student who approaches ATIM with a complaint about a service provided by ATIM.
- Back Office: The administration department of ATIM.
- MT: The management team.
- Sales: The sales managers.
- Planning: The planners within ATIM.
- Internal Sales: Our internal sales department.
2. Submitting a Complaint
2.1. A complaint must be submitted in writing to ATIM and must contain at least:
- Name, address, and telephone number of the complainant, which course, course date, the name of the instructor, or the name of the service provider to which the complaint relates.
- General information about the agreement
- Relevant information about the complaint (facts, circumstances, or events being complained about, when the complaint arose, any correspondence regarding the complaint and – if applicable – what has been undertaken so far to reach a solution for this complaint).
- Dating and signature of the complaint by the complainant
- the complaint is submitted anonymously.
- the facts, circumstances, or events being complained about took place more than 6 weeks before the submission of the complaint.
- the contact under Art. 2.4 has led to a satisfactory result for the complainant and the complainant withdraws the complaint.
- the complainant – even after the request to still provide them – does not submit the minimum required data according to Art. 2.1
- no written agreement with ATIM can be submitted by the complainant and the complainant also cannot demonstrate in any other way that there is a service agreement between the client and ATIM.
2.2. Within a period of 15 business days after receipt of the complaint at ATIM, the complainant will receive a written acknowledgment of receipt.
2.3. If one or more of the details mentioned in Art. 2.1 are missing, ATIM will request the complainant to still provide these details within a period of 15 business days. If these details are still missing after this period, the complaint may be declared inadmissible by ATIM.
2.4. If no prior contact has taken place between the client and, for example, the instructor to whom the complaint relates regarding the fact or event being complained about, ATIM advises the complainant to first discuss the complaint with the instructor themselves and attempt a settlement. If this contact still leads to a satisfactory outcome for the complainant, the complaint will not be processed further by ATIM.
2.5. If the complainant is not willing to engage in the contact referred to in Art. 2.4, or if this has not led to a satisfactory outcome for the complainant, the official complaints procedure will begin and the periods mentioned in Art. 5.1 will commence, if and insofar as all data mentioned in Art. 2.1 have, in the opinion of the Complaints Committee, been properly submitted to the secretariat.
3. Handling of a Complaint
3.1. If ATIM is of the opinion that the data sent by the complainant is complete and provides a clear picture of the complaint, a copy of the complaint will be sent to the supervisor of the employee against whom the complaint is directed. (If the complaint relates to a process/procedure, the complaint will go to the process/procedure owner).
3.2. The relevant supervisor/process owner will be requested to provide a written response to the complaint within 15 days. The complaint will be processed substantively by the supervisor/process owner.
3.3. A complaint is handled by the supervisor/process owner and the person against whom the complaint is directed, and any third parties will be involved if necessary to obtain a clear picture of what happened.
3.4. The person against whom the complaint is directed, as well as any other employee who is directly or indirectly involved in the complaint, cannot be the assessor handling the complaint.
3.5. The complaint assessor (supervisor of the person against whom the complaint is directed or the owner of the process against which the complaint is directed) decides whether he/she can give a judgment on the merits of the complaint based on the documents received. If not, the assessor may, if he/she deems there are grounds to do so given the nature of the complaint, request the parties to provide further information, further explain their position, or decide to order a further investigation.
3.6. The assessor may, if desired, ask other persons involved in the complaint for information or summon and hear them.
3.7. The assessor ensures that both parties are informed equally.
3.8. The complaints procedure is free of charge. This does not apply to any costs for (legal) assistance of the parties. These costs are borne by the person who seeks assistance.
4. Not Processing or Declaring a Complaint Inadmissible
4.1. A complaint will not be processed or processed further by ATIM if:
4.2. A complaint may be declared inadmissible by ATIM if:
ATIM may declare a complaint wholly or partially unfounded.
5. The Decision
5.1. In principle, ATIM Opleidingen will reach a decision on the merits of the submitted complaint within a reasonable period, namely within a maximum of 30 days after the submission of the complaint. ATIM bases the decision on the content of the complaint and the data provided, as well as, if applicable, on information relevant to the complaint.
5.2. If, in the opinion of ATIM, the handling of the complaint cannot be completed within the period mentioned in Art. 5.1, ATIM will notify the complainant and the employee/process owner to whom the complaint relates in writing and with reasons, stating the period within which ATIM expects to be able to reach a decision.
5.3. ATIM will provide written justification for its decision and send it by email and by letter to both parties, with a copy to the MT. The Complaint Assessor may add recommendations to the decision, directed to the employee/process owner whom the complaint concerns, to the MT, or to both.
6. Other Tasks and Obligations of ATIM
6.1. ATIM ensures careful and confidential handling of all data regarding the complainant and the employee(s)/procedure whom the complaint concerns.
6.2. ATIM ensures the registration of all incoming complaints and oversees proper feedback to the complainant and the employee(s) involved.
6.3. The assessor(s) cannot be held personally liable for decisions or for any act or omission as an assessor.
6.4. ATIM prepares an annual report for the MT on the number and nature of the complaints received, handled, and unhandled that year. No data traceable to an individual person will be included in the annual report.
6.5. ATIM may establish a further description of its working method for the information of complainants. This must not conflict with the law, the code of ethics, the house rules, and the complaints regulations. The description is submitted to the MT for approval and is available upon request.
7. Other Matters
7.1. These regulations apply, to the exclusion of other regulations, to all complaints from clients or principals about ATIM Opleidingen and its employees.
7.2. In all cases not provided for in these regulations or where a difference of opinion arises between ATIM and a party involved in the handling of a complaint, the MT will decide.
7.3. Employees and others who are involved in the handling of a complaint due to their position or expertise have a duty of confidentiality regarding what has become known to them by virtue of their position or involvement and will protect the privacy of those involved as much as possible.
7.4. These regulations come into effect as of April 1, 2009
8. Right of Appeal
In the unlikely event that the complaint is not resolved to your satisfaction, there is a right of appeal. Your objection can be submitted in writing within 1 month to Robert Roeffen of Keizers Advocaten (https://keizersadvocaten.nl/team/robbert-roeffen/) (r.roeffen@keizersadvocaten.nl). You will then be called personally with the opportunity to explain the objection by telephone. You will receive written notice of the decision within one month at the latest. This decision is binding and is accepted and complied with by all parties.
Appellate Options
If the complaint has been declared unfounded, the complainant may appeal this to the subdistrict court. The subdistrict court will then determine how to handle the complaint. The complainant will be notified of this right of appeal when the findings and conclusions are communicated. We exclusively use Dutch law.
9. Retention Period for Resolved Complaints
In accordance with our complaints procedure and applicable legal requirements, all resolved complaints are kept for a period of one year. This period has been established to ensure that we comply with our obligations regarding quality control and customer satisfaction, as well as relevant laws and regulations.
Reasons for the Retention Period
- Quality Control and Improvement: Retaining resolved complaints for one year allows us to continuously evaluate and improve our services. We can identify recurring problems and anticipate them to prevent future complaints.
- Accountability and Transparency: By keeping complaints for a year, we can demonstrate that we take complaints seriously and that we have taken the necessary steps to resolve them. This strengthens our customers’ trust in our complaint management process.
- Legal Compliance: Retaining complaint documentation for a year ensures that we comply with legal requirements and that we are able to provide relevant information if necessary for legal or administrative purposes.
Procedure for Retaining and Destroying Complaints
- Storage: All resolved complaints are securely stored in our digital archive system, whereby the privacy and confidentiality of the complainant are strictly guaranteed.
- Access: Access to these documents is limited to authorized employees who are directly involved in the handling of complaints and quality control.
- Destruction: After the one-year retention period, the documents are destroyed in a safe and responsible manner, so that no confidential information remains.
It is our aim to be a customer-oriented organization that continuously works on improving our processes and services. The careful management and retention of resolved