Pre-paid funeral care plan terms and conditions
Administration Fee is a non-refundable charge which covers the administrative costs that we incur in managing your pre-paid funds through our independent trustees. See Clause 3.3 for more details. The Administration Fee payable for your plan will be detailed in your application form.
Certificate of Entitlements is the document that confirms what you are entitled to under your plan.
Funeral Home means a funeral home that is part of the Bristol Funeral Directors group at the time when you book the funeral service. A full list of our Funeral Homes can be found at http://www.bristolfuneraldirectors.co.uk/
Member means the person(s) listed as the beneficiary of the plan in your application form.
Third party costs (or disbursements) means the fees that may be charged by third parties in connection with the funeral that are out of the control of the Funeral Homes. These may include the charges by doctors, ministers, cemetery or crematoria fees or additional items ordered by the Member‘s representative when the funeral is arranged.
Plan Price means the total amount payable under your plan.
1 These terms
1.1 What these terms cover. These terms govern your pre-paid funeral care plan with us. Please note that any funeral services booked under your plan are subject to separate terms and conditions.
1.2 Why you should read them. Please read these terms carefully. These terms tell you who we are, what your plan covers, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2 Information about us and how to contact us
2.1 Who we are. We are Bristol Funeral Directors Limited. Our company number is 02302984 andregistered office address is Southville Lodge, Southville Road, Southville, Bristol, BS3 1DJ.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0800 018 4386 or by writing to
us at the above address or emailing firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you have provided to us. It is your responsibility to ensure that the details you provide to us are accurate and up to date at all times.
2.4 When we use the words „writing“ or „written“ in these terms, this includes emails.
3 Our contract with you
3.1 When the contract is formed. A contract between you and us will be formed at the point that we accept your validly completed application form.
3.2 What we will send you when your plan starts. When we have accepted your application form we will provide you with your own copy, which provides a summary of what is covered by your plan. We will also send you the following confirmation, depending on whether you are paying in a single payment or in instalments:
3.2.1 If you are paying in a single payment, we will send you a Certificate of Entitlements within 14 days of receipt of the total
3.2.2 If we have accepted payment in instalments, we will send you an instalment letter within 14 days of receipt of your first payment. This will include details of your payment instalments and how you can pay.
3.3 An Administration Fee will be charged when your pre-paid account is opened. When we transfer your funds to our independent trustee (see Clause 8 for more details), we will charge you a one-off Administration Fee to cover the administrative costs that we incur opening, closing and managing your funds on account through our independent trustees. The Administration Fee will be deducted from your pre-paid funds at the point that the funds are transferred to our independent trustee, which will be 14 days after we have accepted your application form. The Administration Fee is non-refundable once it has been deducted.
4 About your plan
4.1 What is covered by your plan. Once paid in full, your plan will cover the basic cost of the funeral service specified in your application form. It also covers the budget for third party costs up to the amount detailed in your application form. Please note that your plan is bespoke to the Member(s), so what is covered will depend on the individual choices you have made on your application form. Full details of what is covered and any allowances set aside for third party costs can be found in the copy of your application form and your Certificate of Entitlements. If for any reason you are unsure about what is covered by your plan, just ask us and we would be happy to clarify (see Clause 2 for how to contact us).
4.2 Your plan is not guaranteed to cover the full cost of the funeral. Your plan sets aside a budget for costs and expenses charged by external suppliers which will be put towards the actual funeral costs when the Member dies. As we cannot control external costs, we can only estimate what the actual funeral costs will be. If the amount you have budgeted is
insufficient to cover the third party costs incurred by the Funeral Home, the balance will need to paid by the person who enters into the funeral services contract at the time of making the funeral arrangements.
4.3 Who is covered by your plan. The person entitled to receive funeral services under your plan is the named Member on the application form. In some cases we may at our discretion permit more than one person to be listed as a Member under a plan. If we allow more than one person to be listed as a Member under your plan, any of the listed Members will be entitled to receive funeral services under the plan, but the plan cannot be used more than once. After a funeral has been carried out and your pre-paid funds have been withdrawn, your plan will come to an end.
4.4 Which Funeral Homes you can use. You are free to use any of our Funeral Homes to carry out the Member‘s funeral, provided that the Funeral Home chosen is available. A list of our Funeral Homes can be found on our website www.bristolfunerals.co.uk, or by contacting us. Your plan cannot be used to arrange a funeral with an organisation that is not on our list of Funeral Homes.
5 Death of the Member
5.1 What happens when the Member dies. We will need to be notified when the Member dies. After we have received this notification we will contact the Funeral Home and ensure that they collect the body of the Member from the place of death in the UK in accordance with the agreed funeral plan. The cost of transporting the body of the deceased within the UK mainland to one of our Funeral Homes is included in your plan.
5.2 If the Member dies outside of the UK mainland. The cost of repatriating the body of the Member from outside the UK mainland is not included in the plan. We can help arrange repatriation of the body if requested, but our costs will be charged at standard market rates.
5.3 How the funeral service will be booked. After we have received the relevant notification and certification regarding the Member‘s death (see 5.1), we will discuss the practical funeral arrangements with the Member‘s representative using the choices in your application form as a guide. At this point the Member‘s representatives may make minor changes to the particulars specified in the application form provided that we are able accommodate them, but please note that no refund will be provided if the funeral booked costs less than the Plan Price (see 5.4). A representative of the Member must enter into a separate funeral services contract with our subsidiary, E C Alderwick and Son Ltd before any funeral services can be provided. Please note the person who enters into the funeral services contract will be responsible for the balance of the funeral costs if the costs exceed the Plan Price.
5.4 No refund will be provided if the funeral booked costs less than the Plan Price. Please note that the Plan Price specified in the Member’s application form represents a commitment to use all of those funds on the Member‘s funeral service. If the funeral service booked by the Member’s representatives costs less than the Plan Price, no refund will be provided of any unused funds (either to the Member‘s estate or any third party).
6 Paying by instalments
6.1 We may accept payment by instalments at our discretion. If we do, the number of monthly instalments will be set out in your application form. Further details of your instalments, including the monthly payment and payment dates will be set out when we send you your instalment letter.
6.2 The Plan Price may increase before you have paid in full. If you are paying in instalments, it is possible that the cost of delivering the funeral service you have chosen could increase before you have paid in full. If this happens, we will write to you and let you know how much the Plan Price has increased and the reasons why the price has gone up. We promise that any price increase will be reasonable and will only reflect genuine increases in the cost of the funeral, for example if the Retail Price Index increases.
6.3 If the Plan Price increases before you have paid in full, you will have a chance to pay the full amount before the price increase takes effect. When we notify you to tell you about a price increase, we will give you 30 days to pay the amount currently outstanding on your plan. If you pay the entire outstanding balance within those 30 days, you will not be asked to pay the price increase. If however you are unable to pay the outstanding balance of your plan within those 30 days, the Plan Price increase will take effect and your future payment instalments will be adjusted accordingly.
6.4 Once you have paid in full, the total amount payable will not increase. The total amount payable is locked when you have paid in full and you receive your Certificate of Entitlements. However please note that the total amount payable is only an estimate of the actual funeral costs so further costs may be payable when the Member‘s funeral is arranged.
6.5 What happens if the Member dies before the total amount payable has been paid in full. If the Member dies before all instalments have been paid, there are two options:
6.5.1 The instalments paid (less the Administration Fee) can be put towards the Member‘s funeral with one of our Funeral Homes, provided that you or someone else agrees to pay the balance of the funeral costs.
6.5.2 If you decide not to use one of our Funeral Homes the instalments paid can be refunded, less the Administration Fee.
6.6 You must pay the instalment by the agreed dates. If you do not pay by the agreed payment date, we will send you a reminder. If you fail to pay the instalment within 30 days of the date of our reminder, we may cancel the plan (see 11.1.1 for more details). We may, at our discretion, agree to change your instalment payment dates but are not obliged to do so.
7 Changes to the plan
7.1 What to do if you want to make changes to your plan. If you want to make changes to the plan, just let us know (see part 2 for our contact details). We will endeavour to make any reasonable changes to the plan that you request and let you know what the change in the Plan Price will be (if applicable).
7.2 When we can make changes to this agreement. We may make minor changes to this agreement from time to time, for example to comply with any changes in the law. However we will contact you if we make any significant changes to this agreement, following which you may have the right to cancel your plan (see 10.2). Please also note that over time some of the funeral services specified in your application form may change or cease to be available. If this happens we will endeavour to ensure that a replacement service of at least equal quality is provided by your Funeral Home.
8 Safe custody of funeral plan payments
8.1 Your payments will be held on account by an independent trustee. After your 14 day cooling-off period has expired (see 9 for more details) we will transfer your plan payment directly to our independent trustee, who will hold the funds securely until:
8.1.1 the Member‘s funeral is carried out in accordancewith this agreement, following which the funds will be set against the cost of the Member‘s funeral with the Funeral Home (and we may retain any unused funds where applicable in accordance with 8.3); or
8.1.2 the plan is cancelled by you or us in accordance with this agreement, following which the funds will be returned to you less any payments we are entitled to deduct (for example our Administration Fee).
8.2 We may make minor changes to our agreement with the independent trustee, but will not make any changes that negatively affect you, or that are inconsistent with our agreement with you.
8.3 We may retain any unused funds after the funeral has been carried out. If the funeral service booked for the Member costs less than the Plan Price, the independent trustee may transfer any unused funds to us. Please see 5.4 for more information regarding our refund policy.
8.4 We will check that your money is being held properly. At least once a year we will appoint an independent auditor to check that the independent trustee has sufficient funds in its account to meet the cost of funeral plans held by all existing Members who have been issued Certificates of Entitlements. An actuarial review of funds held on behalf of our
members is carried out every 3 years.
8.5 You are not entitled to interest on your payments. The only benefits you and/ or the Member are entitled to as part of the plan are those that are detailed in your Certificate of Entitlements. Neither you nor the Member are entitled to recover interest, profits or any other financial benefits which we or the independent trustee receives in connection with this agreement.
8.6 What happens if we cannot continue with the scheme. If we are unable to continue running the pre-paid funeral plan scheme, the independent trustee will hold the funds for our Funeral Homes to enable them to fulfil outstanding funeral plans. If none of our Funeral Homes can carry out your funeral, then you have the following options:
8.6.1 you can nominate an alternative funeral home who can claim the funds in the same way as one of our Funeral Homes would in accordance with the trustee deed; or
8.6.2 you can request a return of your part of the remaining fund from the independent trustee.
9 Cancelling in 14 days, your cooling-off rights
9.1 You can end the contract immediately in the first 14 days. If you change your mind after submitting your application form then you have the right to change your mind and cancel without charge within your cooling-off period. The
cooling-off period lasts for 14 days from the date that we accept your completed application form. If you wish to exercise this right, just contact us by phone, email or post and let us know that you want to cancel your plan and, as long as the cooling-off period has not expired, we will refund any payments you have made to us in full.
9.2 We will not transfer any payments to our independent trustees within the first 14 days. We will hold any payments you make to us during your 14 day cooling-off period on account until your cooling-off period has expired. Only then will we transfer your payments to our independent trustee (see 8 for more details).
10 Cancellation of the plan after 14 days
10.1 How to cancel your plan. If you wish to cancel yourplan after your 14 day cooling-off period expires (see 9.1), you may do so by notifying us in writing and we will arrange for our independent trustees to refund your payments less the Administration Fee.
10.2 What happens if you have good reason for ending the contract. You may end the contract and claim a full refund by writing to us in any of the following cases:
10.2.1 If you have a legal right to end the contract because of something we have done wrong, for example if we have committed a serious breach of contract; or
10.2.2 If we make a significant change, or notify you of a significant upcoming change, to the terms agreement which you do not agree to. Please note that our standard price increases do not count as a significant change (see 6.1 and 6.2 for more information.)
11 Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
11.1.1 you fail to pay an amount due to us within 30 days of receipt of a final reminder for payment;
11.1.2 in our reasonable opinion, you have acted inappropriately or shown an unacceptable level of discourtesy or harassment to any of our members of staff or representatives;
11.1.3 we reasonably suspect that you are engaged in any kind of criminal or fraudulent activity.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will arrange for a refund of your payments, less the Administration Fee. Where reasonable and proportionate, we also reserve the right to invoice or deduct further reasonable and proportionate charges as compensation for the net costs
that we incur as a result of you breaking the contract.
11.3 We may end the plan when the Member exceeds the age of 106, but will always contact you first. Please note that we cannot hold your pre-paid funds indefinitely. When the named Member(s) on your plan exceeds the age of 106 (according to the date of birth you have supplied), we will make contact with you using the contact details provided on your application form and ask you to confirm whether your plan is still active:
11.3.1 if you fail to respond within 30 days of us contacting you, we will issue you with a second reminder;
11.3.2 if you fail to respond within 30 days of the second reminder, we will issue you with a final reminder;
11.3.3 if you have still failed to respond within 30 days of the final reminder (so 90 days in total from the date of the first letter), we will cancel your plan and your pre-payments will be transferred from our independent trustee to us. Please note that it is your responsibility to notify us if the address and/or other contact details provided to us in your application form change (see 2.3).
12 Price and payment
12.1 Where to find your Plan Price. Your Plan Price is detailed on your application form. Please note that the Plan Price is not fixed until you have paid in full and received your Certificate of Entitlements. For more details please see 6.1 to 6.4.
12.2 When you must pay and how you must pay. If you are paying in a single payment the date for payment is the date specified on your application form. If you are paying in instalments the dates for payment are those specified in your instalment letter. We accept payment by credit card, debit card, online BACS, cheque or cash.
12.3 We reserve the right to charge VAT if the law changes. As VAT is not currently chargeable on provision of a funeral, the Plan Price is exclusive of VAT. However if at the time the funeral is arranged VAT is chargeable on funeral services, VAT will be charged on any funeral services that are booked under this plan.
13.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can contact us by telephoning our client service team at 0800 018 4386, by writing to us at Southville Lodge,
Southville Road, Southville, Bristol, BS3 1DJ or emailing planning@bristolfunerals co.uk. If we are unable to resolve your
complaint you can also contact the Funeral Planning Authority at 0845 6019619, alternatively complete an online complaint form at www.funeralplanningauthority.co.uk or email info@funeralplanningauthority. co.uk.
14 Our liability
14.1 We are only responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Please note that under no
circumstances will we be liable for any business or commercial loss suffered by you or anyone else.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; including the right to receive the Services as described and supplied with reasonable skill and care.
15 Confidentiality & data protection
We respect the confidential nature of the information given to us. Where you provide us with personal data (“data”) we will ensure that the data will be held securely, in confidence and lawfully processed for the purpose of carrying out our services in accordance with our contract with you. In order to provide our services, we may need to pass such data to third parties and those third parties, who are performing some of the services for you, may contact you directly.
Under the General Data Protection Regulation (GDPR) (EU 2016/679) you have the right to know what data we hold on you and can, upon applying to us in writing, receive copies of that data. Data will not be kept longer than is
necessary for the purpose of carrying out our services. For full details of how we process your data, please see our Privacy Notice, a copy of which is available on request or can be downloaded from www.bristolfunerals.co.uk
16 Other important terms
16.1 You cannot transfer the plan without our prior approval. The only person entitled to receive funeral services under your plan is the named Member(s) on your application form. Once we have accepted your application form plans can only be transferred to a different beneficiary with our prior written consent.
16.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase, we can still require you to make the payment at a later date.
16.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in respect of this agreement in either the Scottish or the English courts.