Terms and Conditions – April 2022
Haven Personal Funeral Plans Limited (the firm), Authorised and regulated by the Financial Conduct Authority, of Cedar Lodge, 227 Bury Road, Rawtenstall, Rossendale, Lancashire, BB4 6DJ which is a provider of funeral plans, agrees to provide the funeral arrangements specified in the Application Form upon the following terms and conditions.
As part of this service you are dealing with Havencare Management Limited, an appointed representative of Haven Personal Funeral Plans Limited which is Authorised and regulated by the Financial Conduct Authority, of 227 Bury Road Rawtenstall, Rossendale, Lancashire, England, BB4 6DJ to deliver your funeral, specifically the funeral home [INSERT FUNERAL HOME NAME].
- Application Form
- By signing the Application Form you are agreeing to purchase the Funeral Plan selected in the Application Form and is subject to these terms. In order to receive any of the Plan benefits, you must pay for the chosen funeral arrangements, in full, and in accordance with these terms.
- The Plan
- The Funeral Plan and Certificate will only be issued once the Applicant has fully paid the cost of the Plan. Loss or destruction of a Funeral Plan Certificate must be reported immediately to your Funeral Director or Funeral Plan Office who can issue a duplicate should this be required.
- The plan will be delivered upon the Plan Holders death. Funds will be paid promptly by the firm to the designated funeral home to undertake the funeral upon the terms agreed and in line with the plan applied for on the Application Form.
- The price of the plan is detailed within the brochure and Funeral Plan Summary Document or Nominee Document issued to you as you have selected on the Application Form.
- Financial Protection
- All monies received in respect of issued Funeral Plans will be paid directly into the Haven Funeral Trust – Clients Account.
- All monies and investments held in the Clients Account and within the Trust Fund shall be held for the benefit of Plan Holders to the extent of the benefits to accrue to Plan Holders or their estates.
- The funeral plan you are purchasing is backed by Trust and involves special risks related to the investment strategy of that Trust. The assets of the Trust are dependant on fluctuations in the financial markets outside of the firm’s control and past performance is no indicator of future performance.
- Additions or Variations to Arrangements
- Any requests made by the applicant, either at the time of application or at any subsequent point during the life of the Plan for additions or variations to the specified arrangements, will be charged at the prices prevailing at the time of the request as detailed on the Price List issued to you with these Terms and Conditions and will not be binding on the Funeral Plan unless accepted in writing. You must send any Certificate you have received to us when you make such a request.
- Change of Address
- If during the life of your Funeral Plan you change address and wish for your funeral arrangements to be carried out in your new location, it may be necessary to review the cost of your funeral arrangements in line with the current Price List and amend accordingly. In these circumstances, please contact your Funeral Director for further information.
- United Kingdom only
- The Funeral Plan only applies to funerals carried out in the U.K. (that is England, Scotland, Wales and Northern Ireland).
- In the event that death occurs abroad, we are still able to carry out the funeral in the U.K. although repatriation costs are not covered by the Funeral Plans.
- Transportation of the deceased
- Included in the Funeral Plan is the removal of the deceased, which includes 20 miles of travel from the place of death to a chapel of rest.
- Any additional travel will be chargeable at the prices prevailing at the time of request (Refer to Funeral Director’s Price List).
- Any additional transport costs arising following a permanent change of address will be payable at the time of arranging the funeral at the prices prevailing at the time of the request.
- Changed Circumstances
- The passage of time and/or changes in personal circumstances may unavoidably affect the availability of certain arrangements, e.g. Closure of crematorium. If this happens it may be necessary for us to provide reasonable alternative locations/services and/or instruct reputable agents to conduct arrangements on our behalf.
- In the event that you or your representatives do not agree to such alternative arrangements, then we will cancel the Plan and return all monies you have paid to us.
- Cancellation Rights
- If the Applicant(s) (or those legally entitled to represent on his or her behalf) wish to cancel the Funeral Plan, notice must be given prior to the events in clause 18.5 by any reasonable means to Haven Personal Funeral Plans Limited using the details that accompany the Plan Certificate.
- The applicant’s (or those legally entitled to represent on his or her behalf) s are required to return the original certificate or any duplicates received, with the cancellation notice. We will not be able to return any monies owed to you unless we receive your Certificate and cancellation notice. Once these have been received by us, all monies paid for the Funeral Plan will be repaid to the Applicant(s).
- You may cancel the Funeral Plan at any time prior to the events in clause 18.5. If the cancellation is made after 37 days upon us receiving the Application Form (or after the moratorium period if paying in instalments), the amount paid will be repaid, however there will be a cancellation charge of £120.00.
- In the event that you (or your representatives) arrange for another funeral provider to take over your (or the nominees) funeral arrangements, we reserve the right to cancel the Plan and return all the monies paid to you or your representatives. This will be subject to a cancellation charge of £120.00 (provided the cancellation is outside of the 37-day period referred to in clause 9.3).
- The change and cancellation fee payable is a non-refundable item required to cover the cost of changes to the contract. The cancellation fee is £120.00.
- If we are unable to conduct the funeral because of circumstances beyond our control, e.g. war, riot etc; then the Plan would be cancelled, we would refund the full amount, and there would be no additional cost or cancellation fees charged to the applicant or their representatives.
- Part payment of a plan cancellation
- Where you a cancel your plan within the Moratorium Period, we will return all your payments to you without any administration/cancellation fee.
- Clause 9.6.1 will not apply where it is agreed that that your estate will pay the remaining instalments and we will deliver the funeral.
- Complaints Procedure
- You may make a complaint to Haven Personal Funeral Plans Limited by any reasonable means using the details stated on the letter that accompanies the Plan Certificate.
- Shortly after receiving your complaint, we will send you an acknowledgement letter. Within 8 weeks from the date of your complaint, our complaint handler will send you a final response addressing the complaint and outlining your right to appeal with the Financial Ombudsman Service if you are dissatisfied with the resolution of your complaint. If we are unable to deal with your complaint within 8 weeks, we will provide you with written communication which explains why we are not in a position to make our final decision, giving reasons for the further delay, indicating when we expect to be able to provide our final response and informing you that you can refer your complaint to the Financial Ombudsman Service if you are dissatisfied with the delay.
- Within our final response, we will either accept the complaint and, where appropriate, offer redress or remedial action or reject the complaint and gives reasons for doing so. Should you be unhappy with our response, you can refer the complaint directly to the Financial Ombudsman Service. You can escalate your complaint to the Financial Ombudsman Service by contacting them by email at [email protected], by telephone on 0800 023 4567
- Provision of the Plan benefits
- We are not obliged to provide any of the Plan benefits until the Plan is fully paid in accordance with the Payment Arrangement (except in the case of part paid funeral plans which may be paid as set out in section 13 “Part Payment of a Funeral Plan”). Accordingly, after death your representatives must present (1) a copy of the death certificate, or coroner’s certificate for burial or cremation, or registrar’s certificate of no liability to register and (2) surrender the Plan Certificate (or a duplicate Certificate as supplied in accordance with clause 2) to us as proof of payment before any Plan benefits are provided. We will not be able to provide the Plan benefits unless the Certificate has been presented to us.
- You must pay the amount stated in the Payment Arrangement. We currently accept payment by cash, cheque, credit or debit card or standing order. Where you have elected to pay in instalments, the payments can be made over a maximum of twelve months which is payable monthly in line with your chosen funeral plan in accordance with the funeral plan summary document. If you fall behind on payments and break the terms of the Payment arrangement, we reserve the right to have a third party collect any monies owned to us on our behalf.
- Part Payment of Plan
- Upon your death or the death of the applicant, if the arranged Funeral Plan has not been fully paid, your representatives can pay any outstanding amount as a lump sum. Where this occurs, the Funeral Plan shall be treated as if it had been issued at the time of death. Alternatively, your representatives may opt to cancel the Funeral Plan, and if so, must notify us in writing in accordance with our cancellation clauses. In these circumstances we will return all monies paid to us under the Funeral Plan.
- If you fail to keep to the schedule specified within the Payment Arrangement and miss two payments or more, then we will undertake the following:
- Write to you informing you of the individual payments due, the total amount of the payment shortfall; and information of the consequences of failing to bring your payments back up to date
- Allow you 10 business days after your second missed payment to bring your payments back up to date
- Cancel the plan if you fail to bring your missed payments up to date, more than 10 business days after your second missed payment.
- Where we cancel the Plan, we will return the monies you have paid under the Payment Agreement to You. This may be subject to a cancellation charge of £120.00 (provided the cancellation is outside of the periods referred to in clause 9).
- We will not charge any form of late payment or administration fee for the late payment
- Value Added Tax (VAT)
- Currently no VAT is chargeable on any element of the Funeral Plan. Should VAT legislation change, we reserve the right to recover such sums from you or your representatives.
- Additional Charges
- We reserve the right to levy the charges of £95 for the removal of artificial mechanisms e.g. Pacemakers and artificial limbs.
- Data Protection
- We currently collect and process the following personal information in order for us to provide our services to you:
- Name, Address, Telephone number, email address, date of birth, photo id, utility bill.
- Most of the personal information we process is provided to us directly by you for one of the following reasons:
- To enable us to provide you with a prepaid funeral plan.
- We also receive personal information indirectly, from the following sources in the following scenarios:
- Havencare Management Limited through the individual funeral home you have chosen to provide your funeral. Personal information is collected with your consent in order to be able to provide your Funeral Plan.
- We use the information that you have given us in order to carry out your funeral plan at your time of need.
- Under the General Data Protection Regulation (GDPR), the lawful bases we rely on for processing this information are:
- Your consent. You are able to remove your consent at any time. You can do this by contacting [Julia Elliott on 01706 230285]
- We have a contractual obligation.
- We have a legitimate interest.
- Your information is securely stored Cedar Lodge, 227 Bury Road, Rawtenstall, Rossendale, Lancashire, BB4 6DJ.
- We keep the personal information detailed in clause 16.1 for 7 years after your death. We will then dispose your information by having is securely shredded on site.
- We currently collect and process the following personal information in order for us to provide our services to you:
- Firm Failure
- In the event Haven Personal Funeral Plans Limited fails and is no longer able to provide your Funeral Plan and another provider is also not able to continue to carry out Your Funeral Plan you have the right to a prompt reimbursement of funds paid to Us and will have a claim in any insolvency proceedings
- By agreeing to these terms, you consent to the future transfer of your plan on the same terms (without the trustees unreasonably withholding consent) to another provider in the event of the firm failure.
- Compensation may be available from the Financial Services Compensation Scheme if the firm is unable to meet its liabilities
- These terms and conditions, together with the Brochure and signed Funeral Application Form constitute the agreement between us and you regarding the Funeral Plan and the funeral arrangements to which they refer. They do not affect your statutory rights.
- A person who is not party to this agreement (including, without limitation, the Nominee or their representatives) shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This shall not affect any right or remedy of any person arising otherwise than under the Act. If any part of the agreement proves ineffective the remainder shall not be prejudiced.
- This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
- There is no interest payable to you in respect of monies used to purchase the Funeral Plan whether fully paid, cancelled or redeemed.
- The contract with the firm will cease upon the applicant’s death, once payment has been made to your designated funeral home and they have delivered the funeral under the terms agreed.
List of Definitions
|Funeral Plan||The specific Funeral pre-payment Plan discussed and agreed.|
|Arrangement Form||Means the signed Application Form completed with the Funeral Director.|
|Brochure||Means our official brochure setting out details of the Funeral pre-payment Plan.|
|Disbursements||Means the charges made by third parties over which we have no control. These include (but are not limited to) church fees, minister’s fees, organist fees, crematorium and cemetery fees.|
|Plan Benefits||Means the funeral arrangements and benefits we will provide subject to these terms when you have fully paid for your chosen funeral arrangements.|
|Moratorium Period||Means the period of a time after the plan is sold within which if You die You will not receive a funeral limited at 12 months.|
|Us/We||Means Haven Personal Funeral Plans Limited.|
|Certificate||Means the Certificate we have issued when you have paid for your Funeral Plan in full.|
|Price||Means the specific price of the Funeral Plan you have discussed with the Funeral Director or Haven counsellor.|
|Representatives||Means executors, trustees, personal representatives who are lawfully appointed and authorised to act on your behalf (or the nominee’s behalf if appropriate) after death.|
|Price List||Means the list of bespoke prices relating to funeral delivery that is provided to you with these Terms and Conditions|
|Payment Arrangement||Means the specific payment arrangement you have chosen on your Application Form to pay for your Funeral pre-payment Plan (details of which are set out in the brochure) and which you agree to keep to.|
|You/Your||Means the Applicant.|
|Nominee||Means any person named on the Application Form as such|