Complaints

“Complaint” definition as per Article 1 (8) of the CSSF Regulation N° 16-07 relating to out-of-court complaint resolution: “complaint filed with a professional to recognise a right or to redress a harm”.

Where the Client did not obtain an answer or a satisfactory answer at the level in the Company to which its dissatisfaction was submitted, the procedure shall give the Client the opportunity to raise it up, free of charge, to the level of the Conducting Officers of the Company.

A complaint is filed in order to recognize a right or to redress a harm and this is a written expression of dissatisfaction, justified or not, by a Client (or any person acting on behalf of the Client) about the services or employees (or agents and service providers) of the Company.

A request for information or clarification is not a complaint.

How to file a complaint with the Company?

The Client shall address the complaint in writing (by mail or email) indicating its full name (for legal entities, the name of the legal entity and its legal representatives) together with its contact details.

The complainant shall explain in details the facts originating the complaint, enclosing all relevant supporting documentation and/or correspondence to ensure an efficient handling of the complaint.

Any complaint shall be sent:

• By mail to: Blue Colibri Capital S.à r.l
  Attn. Complaints officer
  29, avenue Monterey
  L-2163 Luxembourg
  Grand Duchy of Luxembourg

• By email to: complaints@bluecolibri.lu

If you are not a client and have a complaint, please use the same email address (complaints@bluecolibri.lu) and indicate that you are a stakeholder.

Complaint handling procedure

The Conducting Officers of the Company are responsible for handling the complaints.

The Company will treat the complaint as follows:

• Upon receipt, the Company will record the details of the complaint, including the date and time of receipt.

• An acknowledgement letter or email will be issued to the Client, within 10 business days (in Luxembourg) from the date of receipt of the written complaint, unless the complaint has been fully resolved within the intervening period. The Company will inform the Client of the name and details of the contact person who will be in charge of handling the complaint.

• The Company is committed to send a letter to the Client to inform of the outcome of the investigation and the action taken to resolve the complaint, within maximum one month from the date at which the complaint was sent.

The CSSF Out-of-court resolution of complaints

Where the complaint handling at the level of the Company does not result in a satisfactory answer within the period referred to above, in accordance with the provisions of the CSSF Regulation N° 16-07 and related CSSF Circular 17/671 relating to the out-of-court resolution of complaints, the Client may file his/her/its request with the CSSF within one year after the complaint has been addressed to the Company.

The request must be filed with the CSSF in writing:

• By filling in the online complaint form where all relevant documents can be attached
  https://reclamations.apps.cssf.lu/index.html?language=en

• By sending the completed complaint form (PDF)
  https://www.cssf.lu/wp-content/uploads/files/Formulaires/Reclamation_111116_EN.pdf

• By mail (simple mailing, no registered letter required) to the following address:
  Commission de Surveillance du Secteur Financier
  Département Juridique CC
  283, Route d’Arlon
  L-2991 Luxembourg
  Grand Duchy of Luxembourg

• By fax to the following number:
  (+352) 26 25 1 – 601

• By e-mail to the following address:
  reclamation@cssf.lu

The CSSF may terminate the procedure for handling complaint request at any time if it finds out that any of the parties uses the procedure for other purposes than the search of amicable resolution of the complaint.

Furthermore, the CSSF Regulation n° 16-07 clarifies that the out-of-court resolution is not a mediation procedure within the meaning of the law of 24 February 2012 introducing the mediation in civil and commercial matters.

The CSSF intervention is subject to the principles of impartiality, independence, transparency, expertise, effectiveness and fairness.

The CSSF issues a reasoned conclusion within a delay of 90 days starting where the CSSF has received a complete request. The written confirmation informs the parties of the date at which the 90-day period begins. The 90-day period may be extended in the case of highly complex files. In this event, the CSSF informs the parties of the approximate necessary extension as soon as possible and at the latest before the end of the 90-day period.

For further details, please refer to the CSSF Regulation N° 16-07, the Circular CSSF 17/671 (as amended by Circular CSSF) 18/698 and the CSSF website relating to Customer complaint.

The full version of the complaints handling policy of the Company is available upon request at the seat of the Company.