This complaints and disputes policy has been made public via the website of De Baak (debaak.com).
1. Definitions
In this complaints and disputes policy, the following terms have the following definitions:
- De Baak: the management of De Baak B.V., responsible for handling complaints (reachable via the management secretariat: P.O. Box 69, 2200 AB Noordwijk, Koningin Astridboulevard 23, 2202 BJ Noordwijk or via j.waterval@debaak.nl).
- Disputes Committee: the disputes committee of De Baak, consisting of Mr M.R. Ruygvoorn (Van Benthem & Keulen B.V.), with right of substitution, (reachable via P.O. Box 85005, 3508 AA Utrecht, Archimedeslaan 61, 3584 BA Utrecht or via marcelruygvoorn@vbk.nl).
- Complaint: every written, not anonymous expression of discontent about an aspect or education program of De Baak.
- Complainant: the Client who submits a written, not anonymous complaint to De Baak or the Disputes Committee.
- Client: the party (private or organization) who has concluded or wishes to conclude an agreement with De Baak.
2. Applicability
This complaints and disputes policy is applicable to every agreement between De Baak and Client.
3. Confidentiality
Both De Baak and the Client, and also the Disputes Committee, shall treat all information entrusted to them as confidential and shall not disclose this information to third parties insofar as this concerns information imparted to them, in whatever manner, as part of handling a complaint or dispute.
4. Complaints
Submission and content of complaint
4.1 Complaints about goods and/or services delivered must be submitted in writing, by letter or by email, within 4 weeks of the complaint arising, to De Baak (via the management secretariat: P.O. Box 69, 2200 AB Noordwijk, Koningin Astridboulevard 23, 2202 BJ Noordwijk or via j.waterval@debaak.nl). The complaint must minimally contain the following:
- Name and (email) address of the complainant
- Date of complaint
- Clear description of the complaint (including date and place)
- Reason for the complaint
- How De Baak could remedy the complaint.
4.2 If a complaint is not submitted in writing to De Baak within 4 weeks of the complaint arising, then the Client is assumed to have agreed with the goods and/or services delivered and to have waived all rights and powers granted to him/her under the agreement with De Baak or by law. The submission of a complaint does not affect the Client’s payment obligations.
Explanation: De Baak takes all submitted complaints seriously, and the Client may therefore be expected to communicate any complaints soon after they arise. Since the education programs offered by De Baak involve multiple people (to develop a course, to act as instructor, to provide logistical support), and as these people work at several locations and may occasionally include third parties hired by De Baak, it is important to submit the complaint in good time. With the passing of (too much) time, the facts pertaining to a complaint can be difficult to establish, which is disadvantageous to both the Client and De Baak.
Reception and handling of complaint
4.3 De Baak shall confirm reception of the complaint to the complainant as soon as possible, but by no later than 7 days after reception.
4.4 De Baak shall respond within 14 days after receiving the complaint. If De Baak requires more time to handle or to respond to the complaint, De Baak shall notify the complainant thereof within 7 days after receiving the complaint. In such a case, De Baak will explain the delay and offer an estimation of the amount of time it will need to respond to the complaint.
4.5 The response to the complaint may consist of a final position, or an invitation to a verbal dialogue. In the latter case, parties shall attempt to reach a mutually satisfactory solution.
5. Appeal to the Disputes Committee
Lodging and content of appeal
5.1 If a solution as mentioned in Article 4.5 is not achieved, or the complainant is dissatisfied with the final position taken by De Baak in the matter, then the complainant is entitled to lodge an appeal with the Disputes Committee.
5.2 An appeal against the handling of a complaint must be lodged in writing (by letter or email), within 14 days of the date on which De Baak’s response to the complaint was issued, to the Disputes Committee (P.O. Box 85005, 3508 AA Utrecht, Archimedeslaan 61, 3584 BA Utrecht or marcelruygvoorn@vbk.nl), with a copy submitted to De Baak (P.O. Box 69, 2200 AB Noordwijk, Koningin Astridboulevard 23, 2202 BJ Noordwijk or to j.waterval@debaak.nl).
5.3 If an appeal has not been lodged in writing with the Disputes Committee within 14 days of the date of De Baak’s response to the complaint, the Client is assumed to have agreed with the handling of the complaint and to have waived all rights and powers granted to him/her under the agreement with De Baak or by law.
Disputes Committee
5.4 The Disputes Committee consists of Mr M.R. Ruygvoorn (Van Benthem & Keulen B.V.),
with right of substitution. The Disputes Committee receives remuneration from De Baak for the disputes it handles, but otherwise has no connections or involvement with De Baak, in whatever form or under whatever name.
Disputes procedure
5.5 The Disputes Committee will confirm the reception of the appeal as soon as possible to the complainant and to De Baak, but by no later than 7 days after receiving the appeal.
5.6 The Disputes Committee provides for the collection of information necessary to reach a verdict on the dispute, in which effort it may be supported by the management secretariat.
5.7 The Disputes Committee will handle the complaint and offer its verdict within 4 weeks of receiving the appeal.
The verdict of the Disputes Committee is binding for all parties.
5.8 If the Disputes Committee requires more time to handle a complaint, then it will notify the complainant thereof within the set period of 4 weeks from the date of receiving the complainant’s appeal. In such a case the Disputes Committee will explain the delay and offer an estimation of the time it requires to arrive at a verdict.
5.9 The verdict is signed by the Disputes Committee and made available in writing to all parties. The verdict contains, in addition to the decision:
- names and place of residence of the parties;
- a summary of the documents that the Disputes Committee has seen;
- the reasons for the verdict it has reached;
- the date of the verdict.
6. Documentation and retention term
All complaints and disputes, including the manner of their handling, are documented. Complaints and disputes dossiers are kept for a period of two years.