www.anarmandaleg.co.uk
Terms & conditions for decongestive lymphatic therapy programmes
1 Interpretation
In these Conditions the following words and expressions shall have the following meanings:
· Agreement means the agreement between the Purchaser, the Patient and the Treatment Provider for the provision of the Treatment Programme under these Conditions as confirmed in the Booking Confirmation.
· Booking Confirmation means our acceptance in writing of the booking requested on the Booking Form.
· Booking Form means the completed booking form signed by the Patient and the Purchaser to confirm the Patient’s agreement to participate in the Treatment Programme.
· Conditions means the standard terms and conditions of provision of services set out in this document.
· Health Service means in respect of patients resident in the United Kingdom a Health Authority, Primary Care Trust, Primary Care Group, Welsh Local Health Board or similar National Health Service body and in respect of patients resident in the Republic of Ireland means a Health Board or Health Executive.
· Patient means the person named on the Booking Form.
· Purchaser means either the Patient if the Treatment Programme is to be funded personally or with private health insurance or the Health Service that is named on the Booking Form and agrees to fund the Treatment Programme. In the event that the Patient is under the age of 18 years and is to be funded personally or with private health insurance the Purchaser shall be the Patient’s legal guardian.
· Supplies means compression garments; ointments and other products needed for skincare; bandages, padding and other items needed for multilayer lymphoedema bandaging; other medical supplies and unexpected costs or expenses incurred by us which are reasonably necessary for the care of the patient.
· Treatment Centre means the hotel or other venue at which the Treatment Programme is performed.
· Treatment Programme means the programme of treatment to be provided to the Patient by us in accordance with the Booking Confirmation.
· Treatment Provider or we means An Arm & a Leg Limited (registered number 3750563).
· Writing excludes e-mail and facsimile communication.
2 Treatment provision
2.1 These Conditions apply to all requested bookings for a Treatment Programme to the exclusion of any other terms and conditions.
2.2 The submission to us of the signed Booking Form and in the case of patients funded by the Health Service the written confirmation that the Health Service shall fund the Treatment Programme shall be deemed to be an offer by the Purchaser to purchase the Treatment Programme and an offer by the Patient to participate in the Treatment Programme subject to these Conditions. No booking shall be deemed accepted by us until we have issued a Booking Confirmation.
2.3 By issuing the Booking Confirmation we agree to provide the Treatment Programme to the Patient in accordance with the Agreement.
2.4 Any variation to these Conditions must be agreed in writing by us, the Patient and the Purchaser (if not the same).
3 Bookings
3.1 The Patient and the Purchaser acknowledge that all information relating to the Treatment Programme and any material produced by us is for guidance only and may be varied according to individual treatment needs and the availability of treatment staff and facilities at the Treatment Centre. We will, however, use our reasonable endeavours to provide sessions of the number and nature detailed in our booking information.
3.2 Any error in any quote, literature or other document issued by us, may be corrected without any liability on us.
3.3 The Patient confirms that he/she has provided full and accurate details of all medical information requested by us.
3.4 Bookings will only be accepted by us when we confirm our acceptance in writing after we have received the following:
3.4.1 Where the Patient is to be funded by the Health Service.
· GP or Consultant referral
· Booking Form and Patient Questionnaire (including medical declaration) as supplied by us, fully completed by the Patient
· Confirmation from the Purchaser that it will meet the cost of the Treatment Programme and Supplies in full
· GP compiled medical history and confirmation of current medication
3.4.2 Where the Patient is self-funded or privately insured.
· GP or Consultant referral
· Booking Form and Patient Questionnaire (including medical declaration) as supplied by us, fully completed by the Patient
· GP compiled medical history and confirmation of medication and
· A non-refundable deposit of £3,000
3.5 We may make any changes to the specification of the Treatment Programme if required by any medical, statutory or European Union requirements or guidance.
4 Cost
4.1 The cost of the Treatment Programme shall be our quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed for the appropriate Treatment Programme in our current standard price list on the date of acceptance by us of the booking. Subject to Clause 4.2, all quotes are valid for 30 days only. After that, the prices may be altered by us without giving further notice to the Purchaser or Patient.
4.2 If any factor beyond our control necessitates any increase in the cost of providing the Treatment Programme, we may, by giving notice to the Purchaser at any time before the Patient starts the Treatment Programme, increase the price of the Treatment Programme to reflect it.
4.3 The cost of the Treatment Programme does not include the following (for which the Patient will be responsible):
· Travel to and from the Treatment Centre
· Lunch
· Incidentals such as telephone calls, drinks, newspapers
4.4 For the avoidance of doubt, any items listed at 4.3 which are obtained from the Treatment Centre, shall be paid for directly to the Treatment Centre on a weekly basis by the Patient.
4.5 The cost of the Treatment Programme does not include the cost of supplies for which the Purchaser will be responsible separately.
4.6 The price for the Treatment Programme is exclusive of value added tax, which shall also be payable to us if applicable.
5 Payment terms
5.1 Where the Patient is self-funded or privately insured the Purchaser must pay:
· a non-refundable deposit of £3,000 on booking
· 50% of the full cost of the Treatment Programme 6 weeks before the Treatment Programme commences
· the balance of the cost of the Treatment Programme on the first day of the Treatment Programme
· a deposit against Supplies (at the sum specified in the Booking Confirmation) on the first day of the Treatment Programme
· the balance of the cost of Supplies on the final day of the Treatment Programme
5.2 If any payment under the Agreement is not made by the due date, then (despite the fact that the Treatment Programme may not yet have taken place) we may:
· seek to recover the sums due to us
· terminate the Agreement
· charge interest (before and after any judgement) on the amount unpaid at the rate of 12% per year; and cancel any other agreement between the parties for the provision of the Treatment Programme
5.3 If the Patient is privately insured we will accept the Patient’s insurer’s written authorisation of treatment and an undertaking to pay us for the full cost of the Treatment Programme and Supplies in lieu of payment. However, the Purchaser shall at all times remain fully liable for the for the full cost of the Treatment Programme and Supplies and in the event that the insurer fails to pay us by the due date we shall be entitled to charge the Purchaser interest (before and after any judgement) on the amount unpaid at the rate of 12% per year.
5.4 Where the Patient is to be funded by the Health Service we will invoice the Purchaser for the full cost of the Treatment Programme prior to the Treatment Programme commencing and for the full cost of Supplies at the end of the Treatment Programme. All invoices are payable by the Purchaser within 30 days of issue.
6 Treatment programme
6.1 The Treatment Programme will take place at the Treatment Centre.
6.2 The dates for the Treatment Programme will be as set out on the Booking Confirmation.
6.3 Patients who are under the age of 18 at the start of the Treatment Programme must be accompanied by an adult over the age of 18 throughout the Treatment Programme. An additional charge will be payable in respect of accommodation for the accompanying adult.
6.4 If at any time during the Treatment Programme the Patient becomes unfit, in the opinion of the Consultant in Charge, Head of Clinic, Supervising Nurse and/or the GP on call, to continue with the treatment and sessions under the Treatment Programme, then (in our absolute discretion) we reserve the right to terminate the Patient’s treatment.
6.5 The Patient and the Purchaser accept that the Treatment Programme is designed as a whole course which the Patient will need to complete in order to see any substantial benefit to their health. We will not be liable for any injury, damage or deterioration in the Patient’s condition because of the suspension or termination of the Patient’s treatment under the Treatment Programme.
6.6 If the Patient is unable to complete the Treatment Programme under Clause 6.4, we will not be obliged to refund the price paid by the Purchaser, in whole or in part.
7 Risks and liability
7.1 Any advice or recommendation relating to the Treatment Programme given by any of our representatives will not be binding on us unless confirmed by us in writing.
7.2 Unless expressly stated otherwise in these conditions, all implied warranties or conditions are excluded to the fullest extent permitted by law and we will not be liable to the Patient or Purchaser for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on us by law.
7.3 Our liability for any breach of any express or implied term of this Agreement shall be limited to the reasonable cost of repeating the Treatment Programme and in no circumstances shall our liability exceed the total amount paid by the Purchaser.
7.4 If, despite Clause 7.3, we are held liable, under no circumstances shall our liability for any breach of any express or implied terms of this Agreement or any other duty of any kind imposed on us by law in relation to the Agreement, exceed £1,000,000.
7.5 Without prejudice to any other provision of this Clause 7, we will not be in breach of the terms of the Agreement or liable to pay any costs or damages if we are delayed in performing, or fail to perform, our obligations under this Agreement, due to causes or circumstances beyond our reasonable control.
7.6 We will not be liable for any of the following losses which may arise by reason of any breach of the express terms of the Agreement or (to the extent that they have not been excluded by Clause 7.2) any implied warranty, condition or other term, any representation or any duty of any kind imposed by operation of law:
· any loss of earnings
· any damages costs or expenses payable to any third party
· any indirect loss and/or
· any consequential loss of any kind
7.7 Nothing in this Clause 7 shall exclude our liability for death or personal injury caused by our negligence or fraudulent misrepresentation
8 Termination and cancellation
8.1 We may terminate this Agreement if the Patient and/or Purchaser are in breach of these Conditions or any individual treatment terms we have specified or if the Patient’s medical condition has not been disclosed to us in full.
8.2 On termination, the Purchaser will pay to us all costs, charges or other payments arising in respect of the Treatment Programme under this Agreement.
8.3 Termination shall not affect our other accrued rights under this Agreement.
8.4 The Patient and/or the Purchaser may cancel the Treatment Programme by written notice at any time up to 28 days prior to the scheduled commencement of the Treatment Programme. In the event that the Patient or the Purchaser so cancels we shall be entitled to retain an administration charge equivalent to 10% of the full cost of the Treatment Programme.
8.5 For avoidance of doubt, neither the Patient nor the Purchaser shall be entitled to cancel the Treatment Programme within 28 days of its scheduled commencement. Should the Patient fail to attend the Treatment Programme for whatever reason the Purchaser shall remain fully liable for the full cost of the Treatment Programme.
9 Data Protection
We are committed to compliance with the Data Protection Act 1998 and we will process personal data accordingly. We will not disclose any sensitive personal data relating to the Patient to any third party including the Purchaser without the Patient’s consent.
10 General
10.1 Any notice required shall be in Writing, addressed to us at PO Box 22920, London N10 3WU and to the Patient and Purchaser at the addresses given on the Booking Form. Any notice shall be deemed to be served if sent by pre-paid, first class post, on the third day after posting.
10.2 If any of these Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part, then the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law.
10.3 The Agreement and these Conditions shall be under English law and the parties submit to the exclusive jurisdiction of the English Courts.
10.4 Failure or neglect by us to enforce, at any time, any of these Conditions shall not be a waiver of our rights and it shall not affect the validity of the whole or any part of these Conditions or prejudice our right to take subsequent action.
In these Conditions the following words and expressions shall have the following meanings:
· Agreement means the agreement between the Purchaser, the Patient and the Treatment Provider for the provision of the Treatment Programme under these Conditions as confirmed in the Booking Confirmation.
· Booking Confirmation means our acceptance in writing of the booking requested on the Booking Form.
· Booking Form means the completed booking form signed by the Patient and the Purchaser to confirm the Patient’s agreement to participate in the Treatment Programme.
· Conditions means the standard terms and conditions of provision of services set out in this document.
· Health Service means in respect of patients resident in the United Kingdom a Health Authority, Primary Care Trust, Primary Care Group, Welsh Local Health Board or similar National Health Service body and in respect of patients resident in the Republic of Ireland means a Health Board or Health Executive.
· Patient means the person named on the Booking Form.
· Purchaser means either the Patient if the Treatment Programme is to be funded personally or with private health insurance or the Health Service that is named on the Booking Form and agrees to fund the Treatment Programme. In the event that the Patient is under the age of 18 years and is to be funded personally or with private health insurance the Purchaser shall be the Patient’s legal guardian.
· Supplies means compression garments; ointments and other products needed for skincare; bandages, padding and other items needed for multilayer lymphoedema bandaging; other medical supplies and unexpected costs or expenses incurred by us which are reasonably necessary for the care of the patient.
· Treatment Centre means the hotel or other venue at which the Treatment Programme is performed.
· Treatment Programme means the programme of treatment to be provided to the Patient by us in accordance with the Booking Confirmation.
· Treatment Provider or we means An Arm & a Leg Limited (registered number 3750563).
· Writing excludes e-mail and facsimile communication.
2 Treatment provision
2.1 These Conditions apply to all requested bookings for a Treatment Programme to the exclusion of any other terms and conditions.
2.2 The submission to us of the signed Booking Form and in the case of patients funded by the Health Service the written confirmation that the Health Service shall fund the Treatment Programme shall be deemed to be an offer by the Purchaser to purchase the Treatment Programme and an offer by the Patient to participate in the Treatment Programme subject to these Conditions. No booking shall be deemed accepted by us until we have issued a Booking Confirmation.
2.3 By issuing the Booking Confirmation we agree to provide the Treatment Programme to the Patient in accordance with the Agreement.
2.4 Any variation to these Conditions must be agreed in writing by us, the Patient and the Purchaser (if not the same).
3 Bookings
3.1 The Patient and the Purchaser acknowledge that all information relating to the Treatment Programme and any material produced by us is for guidance only and may be varied according to individual treatment needs and the availability of treatment staff and facilities at the Treatment Centre. We will, however, use our reasonable endeavours to provide sessions of the number and nature detailed in our booking information.
3.2 Any error in any quote, literature or other document issued by us, may be corrected without any liability on us.
3.3 The Patient confirms that he/she has provided full and accurate details of all medical information requested by us.
3.4 Bookings will only be accepted by us when we confirm our acceptance in writing after we have received the following:
3.4.1 Where the Patient is to be funded by the Health Service.
· GP or Consultant referral
· Booking Form and Patient Questionnaire (including medical declaration) as supplied by us, fully completed by the Patient
· Confirmation from the Purchaser that it will meet the cost of the Treatment Programme and Supplies in full
· GP compiled medical history and confirmation of current medication
3.4.2 Where the Patient is self-funded or privately insured.
· GP or Consultant referral
· Booking Form and Patient Questionnaire (including medical declaration) as supplied by us, fully completed by the Patient
· GP compiled medical history and confirmation of medication and
· A non-refundable deposit of £3,000
3.5 We may make any changes to the specification of the Treatment Programme if required by any medical, statutory or European Union requirements or guidance.
4 Cost
4.1 The cost of the Treatment Programme shall be our quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed for the appropriate Treatment Programme in our current standard price list on the date of acceptance by us of the booking. Subject to Clause 4.2, all quotes are valid for 30 days only. After that, the prices may be altered by us without giving further notice to the Purchaser or Patient.
4.2 If any factor beyond our control necessitates any increase in the cost of providing the Treatment Programme, we may, by giving notice to the Purchaser at any time before the Patient starts the Treatment Programme, increase the price of the Treatment Programme to reflect it.
4.3 The cost of the Treatment Programme does not include the following (for which the Patient will be responsible):
· Travel to and from the Treatment Centre
· Lunch
· Incidentals such as telephone calls, drinks, newspapers
4.4 For the avoidance of doubt, any items listed at 4.3 which are obtained from the Treatment Centre, shall be paid for directly to the Treatment Centre on a weekly basis by the Patient.
4.5 The cost of the Treatment Programme does not include the cost of supplies for which the Purchaser will be responsible separately.
4.6 The price for the Treatment Programme is exclusive of value added tax, which shall also be payable to us if applicable.
5 Payment terms
5.1 Where the Patient is self-funded or privately insured the Purchaser must pay:
· a non-refundable deposit of £3,000 on booking
· 50% of the full cost of the Treatment Programme 6 weeks before the Treatment Programme commences
· the balance of the cost of the Treatment Programme on the first day of the Treatment Programme
· a deposit against Supplies (at the sum specified in the Booking Confirmation) on the first day of the Treatment Programme
· the balance of the cost of Supplies on the final day of the Treatment Programme
5.2 If any payment under the Agreement is not made by the due date, then (despite the fact that the Treatment Programme may not yet have taken place) we may:
· seek to recover the sums due to us
· terminate the Agreement
· charge interest (before and after any judgement) on the amount unpaid at the rate of 12% per year; and cancel any other agreement between the parties for the provision of the Treatment Programme
5.3 If the Patient is privately insured we will accept the Patient’s insurer’s written authorisation of treatment and an undertaking to pay us for the full cost of the Treatment Programme and Supplies in lieu of payment. However, the Purchaser shall at all times remain fully liable for the for the full cost of the Treatment Programme and Supplies and in the event that the insurer fails to pay us by the due date we shall be entitled to charge the Purchaser interest (before and after any judgement) on the amount unpaid at the rate of 12% per year.
5.4 Where the Patient is to be funded by the Health Service we will invoice the Purchaser for the full cost of the Treatment Programme prior to the Treatment Programme commencing and for the full cost of Supplies at the end of the Treatment Programme. All invoices are payable by the Purchaser within 30 days of issue.
6 Treatment programme
6.1 The Treatment Programme will take place at the Treatment Centre.
6.2 The dates for the Treatment Programme will be as set out on the Booking Confirmation.
6.3 Patients who are under the age of 18 at the start of the Treatment Programme must be accompanied by an adult over the age of 18 throughout the Treatment Programme. An additional charge will be payable in respect of accommodation for the accompanying adult.
6.4 If at any time during the Treatment Programme the Patient becomes unfit, in the opinion of the Consultant in Charge, Head of Clinic, Supervising Nurse and/or the GP on call, to continue with the treatment and sessions under the Treatment Programme, then (in our absolute discretion) we reserve the right to terminate the Patient’s treatment.
6.5 The Patient and the Purchaser accept that the Treatment Programme is designed as a whole course which the Patient will need to complete in order to see any substantial benefit to their health. We will not be liable for any injury, damage or deterioration in the Patient’s condition because of the suspension or termination of the Patient’s treatment under the Treatment Programme.
6.6 If the Patient is unable to complete the Treatment Programme under Clause 6.4, we will not be obliged to refund the price paid by the Purchaser, in whole or in part.
7 Risks and liability
7.1 Any advice or recommendation relating to the Treatment Programme given by any of our representatives will not be binding on us unless confirmed by us in writing.
7.2 Unless expressly stated otherwise in these conditions, all implied warranties or conditions are excluded to the fullest extent permitted by law and we will not be liable to the Patient or Purchaser for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on us by law.
7.3 Our liability for any breach of any express or implied term of this Agreement shall be limited to the reasonable cost of repeating the Treatment Programme and in no circumstances shall our liability exceed the total amount paid by the Purchaser.
7.4 If, despite Clause 7.3, we are held liable, under no circumstances shall our liability for any breach of any express or implied terms of this Agreement or any other duty of any kind imposed on us by law in relation to the Agreement, exceed £1,000,000.
7.5 Without prejudice to any other provision of this Clause 7, we will not be in breach of the terms of the Agreement or liable to pay any costs or damages if we are delayed in performing, or fail to perform, our obligations under this Agreement, due to causes or circumstances beyond our reasonable control.
7.6 We will not be liable for any of the following losses which may arise by reason of any breach of the express terms of the Agreement or (to the extent that they have not been excluded by Clause 7.2) any implied warranty, condition or other term, any representation or any duty of any kind imposed by operation of law:
· any loss of earnings
· any damages costs or expenses payable to any third party
· any indirect loss and/or
· any consequential loss of any kind
7.7 Nothing in this Clause 7 shall exclude our liability for death or personal injury caused by our negligence or fraudulent misrepresentation
8 Termination and cancellation
8.1 We may terminate this Agreement if the Patient and/or Purchaser are in breach of these Conditions or any individual treatment terms we have specified or if the Patient’s medical condition has not been disclosed to us in full.
8.2 On termination, the Purchaser will pay to us all costs, charges or other payments arising in respect of the Treatment Programme under this Agreement.
8.3 Termination shall not affect our other accrued rights under this Agreement.
8.4 The Patient and/or the Purchaser may cancel the Treatment Programme by written notice at any time up to 28 days prior to the scheduled commencement of the Treatment Programme. In the event that the Patient or the Purchaser so cancels we shall be entitled to retain an administration charge equivalent to 10% of the full cost of the Treatment Programme.
8.5 For avoidance of doubt, neither the Patient nor the Purchaser shall be entitled to cancel the Treatment Programme within 28 days of its scheduled commencement. Should the Patient fail to attend the Treatment Programme for whatever reason the Purchaser shall remain fully liable for the full cost of the Treatment Programme.
9 Data Protection
We are committed to compliance with the Data Protection Act 1998 and we will process personal data accordingly. We will not disclose any sensitive personal data relating to the Patient to any third party including the Purchaser without the Patient’s consent.
10 General
10.1 Any notice required shall be in Writing, addressed to us at PO Box 22920, London N10 3WU and to the Patient and Purchaser at the addresses given on the Booking Form. Any notice shall be deemed to be served if sent by pre-paid, first class post, on the third day after posting.
10.2 If any of these Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part, then the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law.
10.3 The Agreement and these Conditions shall be under English law and the parties submit to the exclusive jurisdiction of the English Courts.
10.4 Failure or neglect by us to enforce, at any time, any of these Conditions shall not be a waiver of our rights and it shall not affect the validity of the whole or any part of these Conditions or prejudice our right to take subsequent action.