Plan Terms & Conditions
1.1 Choice from Funeral Partners (the Plan) is operated by the Alternative Planning Company Limited (APCL), registered in England and Wales with Company No: 08635411, whose registered office is at Cumberland Court, 80 Mount Street, Nottingham, Nottinghamshire, NG1 6HH. Choice, Choice Plus and My Choice are all trading styles of the Company. The object of the Plan is to provide a mechanism by which individuals may arrange and pay for a funeral before death occurs. In these Terms and Conditions:
‘Agreement Form’ is the form you complete when applying for the Plan;
‘Certificate of Entitlement’ is the certificate provided to you by us confirming that you hold the Plan;
‘Charges’ means the charges for the Plan agreed to you by you on signature of your Agreement Form;
‘Plan Growth’ is the growth of the Plan from the date funds are first paid to us until the Plan Value is applied at the time of death;
‘Plan Value’ is the value of funds held in the Plan; and
‘you’ or ‘your’ is the holder and/or beneficiary of the Plan or your personal representative (as applicable).
1.2 These Terms & Conditions are subject to English Law and subject to the exclusive jurisdiction of the Courts of England and Wales.
1.3 The parties to this agreement do not intend that any clause or term of this agreement should be enforceable by virtue of the Contracts (Right of the Third Parties) Act 1999 by any person who is not a party to this agreement.
2. THE SERVICE
2.1 Any details provided in the Plan literature are designed to give a general description of the services and goods to be supplied. APCL will not be liable for any change in specification but goods and services will be of an equivalent quality and suitability.
3. SECURING THE PLAN
3.1 Having selected the style and type of funeral and been informed of the cost of the service, a formal application is made by completing the Purchase Agreement and forwarding it together with the appropriate remittance to APCL.
3.2 Sending the formal Purchase Agreement and remittance implies that you acknowledge:
- the information contained in the Purchase Agreement is correct
- you accept these Terms and Conditions
- you wish to be admitted as a planholder
3.3 If APCL accepts your Purchase Agreement (and it reserves the right not to do so) you will receive a Certificate of Entitlement, including confirmation that you are a Choice planholder and a guarantee that the service will be carried out at no further cost (subject to the provisions of Clauses 4.2,4.4 and 7.3). In the unlikely event that APCL chooses not to accept your Purchase Agreement it will refund and payment within 30 days by electronic transfer or by cheque to the address specified in the Purchase Agreement.
3.4 Your Certificate of Entitlement should be kept in a safe place as it will be required when making the funeral arrangements. Copies may be obtained from APCL, which reserves the right to make a charge for this service.
4.1 APCL will not be liable to arrange or pay for a funeral unless a Certificate of Entitlement is produced and the funeral is carried out by the Funeral Director as specified in Clause 5.
4.2 APCL will not be obliged to provide any items of services other than those forming part of your initial Purchase Agreement or agreed subsequently with APCL as additional services and acknowledged by way of a supplemental Purchase Agreement. Any additional services that may have been requested or required (for example, should you die abroad) will be charged to your personal representatives by the Funeral Director. In such cases APCL will carry out its obligations under the Plan so far as possible provided that your personal representatives have confirmed their liability for any additional expense.
4.3 Some of the services provided by the Plan and arranged by the Funeral Director on your behalf, have to be provided by third parties (e.g. crematorium and cemetery authorities). Whilst APCL will use all due care in the use of such services it cannot accept responsibility for any failure by such third parties to meet any particular standard. In addition, the plan may include access to specified additional services (e.g. bereavement advice, wills and estate planning and environmentally friendly funerals) offered by providers with whom APCL has entered into service agreements. Again, whilst APCL will use all due care in the use of such services, it cannot accept responsibility for any failure by such providers to meet any particular standard.
4.4 Your Plan may include an allowance towards third party charges. Third party charges are all external payments which are outside the control of the Funeral Director. Such allowance is guaranteed not to reduce in value and will reflect any Plan Growth, but of third party charges are higher that the allowance and the Plan Growth, then you or your representatives must pay the balance. If your plan does not include any allowance towards third party charges these must be paid in full when the funeral is carried out.
4.5 APCL will contact you from time to time and will inform you about changes to third party costs but it is your responsibility to ensure that adequate provision is made. You can make changes to your Plan at any time after full payment. You may need to pay more if you upgrade your Plan or include extra products or services. We will tell you of any extra costs or refer you to the Funeral Director.
5. THE FUNERAL
5.1 Your funeral will normally be carried out by the Funeral Partners branch where or closest to where you purchased your plan. Alternatively, another suitable Funeral Director will be appointed.
5.2 You should notify APCL if you change your usual place of residence in the UK and APCL may, as a result, nominate a different branch of Funeral Partners or an alternative funeral directing firm to carry out the funeral.
5.3 APCL may also nominate an alternative firm to carry out the funeral if you move or if APCL determines that the branch nominated to perform the funeral is no longer suitable.
6. THE PLAN
6.1 The Charges excluding the management fee will be used to buy a whole of life assurance policy. The whole of life assurance policy will be owned by APCL for the purpose of providing the funeral. The Plan ensures that the funds will be available to pay the funeral (subject to the provisions of these Terms and Conditions). We will effect the whole of life assurance policy with a life assurance company that is authorised by the Prudential Regulation Authority (PRA) and regulated by the PRA and the Financial Conduct Authority.
6.2 By holding the monies in a whole of life assurance policy the Plan meets the requirements for approved Funeral Plans as set out in article 60(1)(a) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.
7. REFUNDS AND RIGHT TO CANCEL
7.1 You have the option with 30 days of signing the Purchase Agreement to cancel the Agreement by returning your copy together with your written notice that you wish to cancel. Your Payment will be refunded in full. This does not affect any applicable statutory consumer rights.
7.2 After 30 days, the amount of refund payable will be your initial payment made LESS the £500 Management Fee (for instalment payments, see the separate Instalment Terms & Conditions).
7.3 Should you die overseas and be repatriated to the UK APCL will carry out its obligations under the Plan. Should you not be repatriated the Plan will be cancelled.
8.1 At present, in the United Kingdom, Value Added Tax (VAT) is not chargeable upon the provision of a funeral. Should additional VAT become payable APCL reserves the right to recover this cost from you or your representatives.
8.2 The Plan is personal to the planholder(s) and is not transferrable to any third-party other than by or with the express agreement of APCL.
8.3 Any correspondence will be sent to whoever has been selected to receive it at the address shown in the Purchase Agreement, unless and change of address has been notified to APCL.
9.1 Should there be any complaint regarding the quality of service or the items supplied in connection with the Plan, it should be referred in the first instance to the Funeral Director and a copy of the complaint should, at the same time, be forwarded to APCL.
9.2 If you should have a complaint about APCL you should contact APCL’s Managing Director at the following address:
46 The Terrace
Torquay TQ1 1DE
Tel: 01803 298 243
9.3 We will deal with the complaint in accordance with our written complaints procedure. We will always try to resolve your complaint straight away, but in the event that this is not possible, we will keep you informed throughout the investigation. You may request a copy of our complaints procedure by contacting the Choice office at firstname.lastname@example.org or calling us on 01803 298 243.
9.4 If we cannot resolve your complaint you may the refer it to the Funeral Planning Authority by calling 0845 601 9619. We are a Registered Provider of Funeral Plans and comply with the Rules and Code of Practice of the Authority. www.funeralplanningauthority.co.uk
10. DATA PROTECTION
10.1 We respect the confidential nature of the information given to us and we will use any personal data you provide to use to:
(a) provide the Services;
(b) process your payment for the Services; and
(c) where you have chosen to hear from us, to inform you about related products and services that we provide.
The Data Protection Compliance Officer
Stable Block, Hare Hatch Grange
Bath Road, Hare Hatch
Reading RG10 9SA