Complaint procedure against non-accredited franchisors
Due to public demand the Franchise Association of South Africa offers voluntary dispute solution services at a cost of R30 000 excluding VAT for complaints against non-accredited franchisors – for accredited franchisors, this service is offered free of charge.
Should you wish to lodge a complaint kindly note the following procedure:-
1. Compliance check
Complaints against non-accredited franchisors are to be considered in respect of compliance with the Consumer Protection Act’s Regulations only, check compliance before proceeding further. Complaints related to goods and/or services cannot be accepted as the Association only deals with franchise business related complaints.
2. Complaint submission process
Upon receipt of the online complaints form, you should receive an automated receipt of complaint email within 48 hours. Should you not receive a receipt of complaint email kindly re-submit your complaint via the online complaints form. Kindly note all relevant documents and support information must be uploaded where indicated on the complaints form. Your complaint form is numbered and this number must be quoted should you wish to request a mediation session later on. – see complaint submission form
3. Complaint sent to franchisor for comment
The complaint would then be sent to the relevant franchisor for comments.
Should the franchisor not respond (within 7 working days) or should you not be satisfied with the response received from the franchisor, you may then submit a request for a mediation session – see request for mediation
4. Mediation Request
Upon receipt of a completed mediation request form you should receive an automated receipt of the mediation request form email within 48 hours. Should not you receive a receipt of mediation request form email kindly re-submit the request.
The request for a mediation form would then be sent to the relevant franchisor for consideration. Mediation is a voluntary dispute resolution mechanism so parties to a complaint cannot be forced to attend a mediation session.
Should the franchisor ignore the request and refuse to respond, within 7 working days, you would be notified accordingly and the file in this matter would then be closed and no fees would be levied.
Should the franchisor respond and agree to attend a mediation session, all relevant documents and responses to the complaint are to be submitted by the franchisor.
5. Payment for mediation
An invoice would be raised for R30,000 excluding VAT in your or your company’s name which becomes payable before any further work is to be carried out.
Once full payment for the mediation session is received the matter together with all the relevant documents would be handed over to a franchise attorney who is also a mediator for consideration.
The mediator may request further documentation from all parties concerned.
A suitable date and time is then agreed for the scheduled mediation session which currently can only be offered in Sandton Gauteng, Parktown Gauteng or Cape Town CBD.
Mediation sessions are limited to four hours whereafter you would be charged an hourly rate of R4,500 excluding VAT.
The mediator would provide the parties with the minutes of the mediation session by no later than 10 working days after conclusion of the mediation session.
Should a settlement agreement or any other agreement be required after conclusion of the mediation session, you are required to negotiate this with the mediator directly.