ARTICLE 1: PURPOSE
This Complaint Procedure clarifies the procedure to follow in case of dissatisfaction concerning a service, product or conduct of Arhanta Yoga.
This complaint procedure is based on the terms of the Wkkgz (Wet kwaliteit, klachten en geschillen zorg) of the Netherlands.
ARTICLE 2: CONCEPT DEFINITIONS
In this Complaint Procedure the following terms signify:
Organisation: Arhanta Yoga International B.V.
Complaint: This is an expression of dissatisfaction about the organization, its services and/or products, dishonoured agreements or improper behaviour of people holding a position in the organization after which all people involved will make every effort to solve it satisfactorily and orally if possible.
Formal Complaint: This is a written complaint which couldn’t be solved satisfactorily within the organization by means of dialogue.
Complainer: The person (student, trainee, client, employer, executor, and others) who is filing a complaint.
Accused: The person (student, tutee, client, employer, executor, organization, and others) whom the (formal) complaint concerns.
Trainee: Anyone who has applied for c.q. participates or has participated in an activity organized by Arhanta Yoga International B.V. (training, workshop, course, coaching, etc.).
Employer: Anyone who is employed by the organization and holds a position within the organization.
Executor: Anyone who is commissioned or who is performing a task at the request of the organization but who is not employed by the organization.
External Complaints officer: The person with whom a complainer can file a formal complaint and who operates independently of the organization.
ARTICLE 3: COMMUNICATION
Everyone who fulfills a function on behalf of the organization or performs a task on commission will be informed of this Complaint Procedure. Participants and clients of Arhanta Yoga will be informed of the existence and the binding character of this procedure when they enter into an agreement with the organization. They will always be able to find the procedure on the website or to request it.
ARTICLE 4: PREVENTION
The organization will exert itself as much as possible to prevent complaints. However when this is not possible, complaints should be negotiable. The settlement of a complaint will always be followed by an evaluation of how this complaint can be prevented in the future.
ARTICLE 5: COMPLAINT CONTENT
Complaints can exclusively concern matters for which the organization is responsible. Below are several examples of possible subjects for complaint:
Complaints regarding undesired conduct
- Sexual intimidation: unwanted sexual approach in the form of requesting sexual favours or any other verbal, non verbal or physical conduct
- Aggression and violence: bullying, mental or physical harassment, threatening or attacking others.
- Discrimination: any kind of statement, action or decision regarding people, offensive for those people because of their race, religion, sex, handicap, conviction and/or sexual orientation. Or any kind of distinction made based on these factors.
Complaints regarding the content of the course, coaching or guidance.
- The improper or incorrect treatment during a training, not fulfilling what has been promised, the different course of the training than what had been agreed on, dissatisfaction for what is offered, etc.
Complaints regarding the relation employer/executor/owner.
- An incorrect treatment concerning remuneration, reimbursement or any other payment. A different point of view concerning functional conduct, respecting house rules etc. If an employer or executor feels treated incorrectly or seriously counteracted by a colleague or by the owner.
- Disagreeing with the by the organization executed activities or delivered products because of what has been agreed on regarding quality, time and money.
ARTICLE 6: HOW TO DEAL WITH A COMPLAINT?
If you are dissatisfied about a certain mode of conduct you should proceed in the following manner:
Firstly, the dissatisfaction will be discussed by you as the complainer with the directly involved third party; together you will try to find a satisfying solution. If you are not able to solve the matter together, you can take the complaint to the head responsible of Arhanta Yoga, unless he/she was already involved. In that case you are requested to file a an official complaint by e-mail, addressed to Michele Hauswirth Jain (firstname.lastname@example.org). You will receive a confirmation that your complaint has been received and is being reviewed, within one week.
We aim to solve the complaint within a period of six weeks. If we are unable to do so, as further research into the matter of the complaint are necessary, we will inform you within these six weeks and specify within which time frame we will be able to resolve the complaint. If for some reasons we are are unable to come to an agreement and therefore can’t resolve your complaint to your satisfaction, or if you have solid reasons for not following the option of internal dialogue, then you can file a formal complaint with our external complaints officer.
ARTICLE 7: HOW TO FILE A FORMAL COMPLAINT WITH THE EXTERNAL COMPLAINTS OFFICER
Arhanta Yoga has a cooperation agreement with KlachtConsult for providing an independent Complaints Officer on call.
Reachable by phone (0031(0)43-8802259) or by email (email@example.com) who will assign immediately a Complaints Officer.
You file a formal complaint with the external complaints officer in writing. In writing or electronically. You do this as soon as possible after the development of the complaint and within a time period that the complaint can be handled conclusively. Next it should be clear who is filing the complaint; anonymous complaints will not be handled. Filing a formal complaint with the complaints officer is for the complainer free of costs.
ARTICLE 8: HANDLING THE COMPLAINT
The external complaints officer has the authority not to handle a complaint if in his opinion the complaint should not be filed with him or if he cannot handle the complaint conclusively. In that case he will notify the complainer within 2 weeks after the complaint was filed and he will provide the motivations of rejection and possibly some advice on how to proceed correctly. The complainer can have a dialogue with the complaints officer regarding this matter. If the complaints officer doesn’t change his opinion, the complainer can decide to go to another competent authority and/or a judge.
ARTICLE 9: OPERATION PROCEDURE OF THE EXTERNAL COMPLAINTS OFFICER
The complaints officer will start an investigation for each treated complaint. The officer has the right to receive any information from the complainer, the accused and the organization needed for the accomplishment of his task. The complaints officer can also ask for an expert’s opinion after consulting with the organization. The following procedure should be followed:
Within maximum 2 weeks after receiving the complaint the complaints officer should consult individually or jointly the complainer, the accused and if required any other person involved. Each party can ask for the assistance of another person internal or external from the organization. He informs the organization of the complaint and gives the organization the opportunity to respond.
Within four weeks after the complaint has been explained and discussed with all parties, the complaints officer gives a written point of view to the complainer and to the organization. If more time for investigation is required, the complainer will be informed within the determined period of time with the motivations for the delay. Also an indication for when to expect a definitive answer will be provided. In any case this point of view will include the following aspects:
- If, and if yes to which degree the complaint is reasonable
- Who is affected by the problem
- How, if applicable, the victim(s) should be approached/compensated
The officer might include some advice for the organization concerning preventative measures to take.
ARTICLE 10: CONCLUSION FORMAL COMPLAINT
After the organization has received the point of view of the external complaints officer, the complainer will be informed in writing within maximum 2 weeks of the practical conclusion of the complaint. The decision of the external complaints officer is binding and the organization will process eventual consequences swiftly.
ARTICLE 11: PROTECTION OF THE INVOLVED PARTIES
The organization will make sure that the complainer, the accused or any other person involved will not be harmed in any way by the treatment of a formal complaint. At the start of the complaint procedure and during the process of the investigation, the organization can take some temporary measures, if this should be required for the well being of the complainer, or if the current situation should be intolerable for one or more of the directly involved parties.
ARTICLE 12: CONFIDENTIALITY
From the moment the formal complaint has been filed, the complainer or the accused will not inform any third party of the regarding issue. All those involved with the treatment of the complaint should treat the information provided to them with confidentiality. Of the result of the mediation by the complaints officer or a judgement by the judge who made a final decision, the both parties will only express themselves toward third parties about the conclusion.
ARTICLE 13: COMPLAINT REGISTRATION
The owner keeps a complaint register which documents complaints which have led to a formal procedure with the judge or the external complaint officer. Each case has to be filed for a minimum of 2 years.
ARTICLE 14: JUDGEMENT BY EXTERNAL DISPUTES COMMITTEE
In case the formal complaint falls under the terms of the Wet Kwaliteit, Klachten en Geschillen of the Netherlands and is not being/has not been resolved to the satisfaction of the complainer, the complainer can turn to the disputes committee that Arhanta Yoga has joined.
The complaints officer will provide the complainer with the correct information about their (in)ability to turn to the disputes committee.