This is the complaint procedure of the Sunway Education and Technology Group B.V., also trading under the name HoiTalent, with office in (2289CX) Rijswijk, on the Laan van Oversteen 6, registered in the trade register of the Chamber of Commerce under number 72918330, hereinafter referred to as: “HoiTalent”,
HoiTalent strives to treat and resolve participant complaints in direct consultation between those directly involved. If this does not lead to a solution HoiTalent has a general procedure for complaints which is set out in the following complaint procedure.
Article 1. Definitions
Participant: the person who has concluded an agreement with HoiTalent to follow a course of HoiTalent.
Course: the course followed by the Participant at HoiTalent, as described in the course information / the offer of HoiTalent and/or in the written agreement between the Participant and HoiTalent and/or in the general terms and conditions of HoiTalent.
A Partner: a partner of HoiTalent. The partners of HoiTalent are Mr. Yifu Ge and Mrs. Ye Han.
Notification: an expression of dissatisfaction to HoiTalent about the way HoiTalent has acted in a certain situation – related to a Couse – or has conducted the Course.
Complaint: a formal and written expression of dissatisfaction to HoiTalent about the way HoiTalent has acted in a certain situation – related to a Couse – or has conducted the Course. A Complaint cannot be submitted earlier than when the notification referred to in article 1.5 has not been settled to the satisfaction of
Article 2. Applicability
This complaint procedure is applicable on all courses of HoiTalent.
Article 3. Notification, submitting a complaint and confidentiality
3.1 The Participant must submit a written notification to a Partner no later than two weeks after the Participant has detected or was able to detect a failure or problem regarding a course. Failure to submit a Notification on time will result in the Participant being inadmissible in his or her Notification and HoiTalent will not have to deal with the Notification.
3.2 Upon receipt of a timely submitted Notification HoiTalent will make the effort to solve the Notification in mutual consultation with the participant, within a reasonable period, though within two weeks after receipt.
3.3 HoiTalent establishes to which the Notification is related and registers this Notification.
3.4 If possible, HoiTalent will immediately deal with the Notification. If this is not possible, they will contact the Participant and make further agreements about the way this is dealt with.
3.5 Feedback by HoiTalent with respect to the Notification can be done both verbally (per telephone) as in writing (per email).
3.6 If the Notification is not handled to the satisfaction of the Participant, the Participant must timely report this, this time as a written complaint to HoiTalent. Timely means within two weeks after feedback by HoiTalent with respect to the Notification. Failure to submit a Complaint on time will result in the Participant being inadmissible in his or her Complaint and HoiTalent will not have to deal with the Complaint.
3.7 Sunway will deal with a timely submitted Complaint and discuss this internally, after which the findings will be fed back to the Participant.
3.8 A Complaint must always be submitted in writing and be signed by the Participant and must at least contain the following information:
- the name and the address of the petitioner;
- the date of submittance;
- an accurate description of the Complaint’
- the period when the Complaint occurred.
3.9 A Notification and/or Complaint can be sent by post to:
2516 EH THE HAGUE
A Notification and/or Complaint can also be sent per e-mail to:
3.10 HoiTalent only deals with written notifications and complaints – so notification and complaint per post or e-mail. HoiTalent will not deal with verbal notifications and/or complaints. HoiTalent advises the Participant to send a Notification and/or Compliant both per registered post as per e-mail.
3.11 Each Notification and Complaint is dealt with in strict confidence and only discussed
with those directly involved.
3.12 After receipt of a Complaint HoiTalent will make the effort to solve the Complaint within a reasonable period though within four weeks after receipt.
Article 4. No obligation to deal with a Complaint
4.1 HoiTalent is not obliged to deal with a Notification or Complaint if:
- the Notification or Complaint relates to something other than (conducting) a Course;
- the Participant has already submitted a complaint for this and this was dealt with as a formal complaint in accordance with the provisions in article 3 of this complaint procedure;
- the issues that are related to the Notification took place more than two weeks before making the Notification;
- a Complaint was submitted more than two weeks after feedback by HoiTalent as referred to in article 3.5;
- by initiating a procedure the Notification and/or the Complaint is subject or has been subject to the judgement of a legal authority or an administrative court.
4.2 HoiTalent will inform the Participant by e-mail as soon as possible whether a Notification or Complaint will be dealt with, though at least within four weeks after receipt of the Notification or Complaint.
Article 5. Complaints
5.1 HoiTalent ensures for a written confirmation of receipt of a Complaint to the petitioner.
5.2 The confirmation referred to in article 5.1 contains at least a description of the complaint procedure and the expected time it will take to deal with the Complaint.
Article 6. Dealing with complaints
6.1 HoiTalent determines per Complaint the necessity to appoint a complaint committee consisting of at least two members, where at least one member will be an independent third party.
6.2 The partners of HoiTalent or the complaint committee will deal with the Complaint and will include the reading of both parties in the consideration.
6.3 The partners of HoiTalent or the complaint committee will decide on the Complaint within no more than four weeks after receipt of this Complaint.
6.4 The verdict of the complaint committee is binding for all parties.
6.5 The complaint committee can suspend the handling of a Complaint for a maximum period of four weeks due to special circumstances.
6.6 The complaint committee will notify the suspension to the Participant, either verbally (by telephone) or in writing (per email), with specification of the reason of the suspension and the new period in which the Complaint is expected to be dealt with.
6.7 HoiTalent or the complaint committee will give the Participant the opportunity to be heard about his or her Complaint.
6.8 The Participant does not have to be heard if the Participant has declared that he or she does not want to use the right to be heard or a Complaint is obviously unfounded.
6.9 The complaint committee makes a written report of the hearing of the Participant, which report is part of the feedback to those directly involved.
6.10 Complaints and the way these are dealt with are registered and kept for a period of at least one year.
Article 7. Other provisions
7.1 This procedure can be referred to as “Complaint procedure HoiTalent”.
7.2 This complaint procedure will be evaluated every year by the partners of HoiTalent and adjusted if necessary to new developments in terms of legislation, jurisprudence or new insights.
Article 8. Coming into force and continuous disputes
8.1 This Complaint Procedure Courses HoiTalent has been determined by HoiTalent on 1 April 2018.
8.2 This procedure will come into force retroactively from 15 March 2016
8.3 This complaint procedure is governed by Dutch law.
8.4 Disputes that cannot be solved via this complaint procedure, can be submitted to the authorised court. In case of the service (11) integration courses and dual programs, there is the possibility to consult the Arbitration Board of Blik op Werk after having followed the complaint procedure.
Explanation Before following the formal process to deal with complaints, it was decided to try to resolve the Complaint first together with those directly involved. However, if this does not lead to a satisfactory solution, the Complaint can be made known in accordance with the described procedure.
A formal Complaint must be related to the way that HoiTalent has conducted the course. So general complaints about the performance of the business policy of HoiTalent are not covered by this complaint procedure.
If HoiTalent has dealt with the Notification or Complaint to the satisfaction of the Participant, or when the Participant indicates that he or she does not want to continue the handling, HoiTalent is no longer obliged to further handle the Complaint.
If a party is not satisfied with the handling of a Complaint or the verdict of the partners of HoiTalent or the complaint committee, you can contact the authorised court. In case of the service (11) integration courses and dual programs, there is the possibility to consult the Arbitration Board of Blik op Werk after having followed the complaint procedure.