St Quentin Terms and Conditions

PLEASE READ CAREFULLY:

This Agreement sets out the terms and conditions of your residency. However, you will also have received an ‘Additional Key Information’ document, which will assist you in your decision in choosing a care home. If you have not received the Additional Key Information document or require a further copy, please let us know and we can provide this to you.

Please ensure you have read these terms and conditions and any related documents, including its schedules and the Additional Key Information document carefully, as these form the basis of the legal binding agreement between you and us which contains rights and obligations on both parties. It is therefore extremely important that you read and understand the terms. You may wish to seek independent legal advice or third-party advice on this Agreement before signing. Nothing in this Agreement is intended to limit or exclude your consumer or other legal rights.

SUMMARY OF MAIN TERMS

 

 

Who is entering into this Agreement

The Resident 

 

 You are the resident receiving accommodation and care services. You have capacity to sign this Agreement and will be bound by its terms.

 
A Representative 

 

 You are a representative of the resident and have agreed to pay all or part of the fees. You will be personally bound by the terms of this Agreement.

 
[The Resident’s validly appointed Attorney under an enduring or lasting power of attorney for property or financial affairs or a validly appointed Deputy]

 

 You do not have any personal liability under this Agreement but agree to pay the fees on behalf of the Resident. [You agree to inform us straight away if your appointment ceases to be valid and of any replacement Attorney or Deputy.]

 
A Guarantor

 

 You have agreed to guarantee payment of our fees in the event the resident cannot pay. Please review clauses 1-8 in the Third-Party Payment Agreement (Annex 1) as you are agreeing to those clauses as a legal obligation on such guarantor.

 
Third Party

 

 

 Where the resident has funds or capital below the required threshold and is funded or part funded by the Local Authority or the NHS and there is a shortfall between the fees paid by the Funding Authority and the fees charged by us or additional services or a superior room is selected, in certain circumstances, the difference can be paid by a third party. This is known in the Agreement as a ‘’Third Party (Top Up) Agreement’’. The person paying the ‘’Third Party Top Up’’ will be asked to enter into a separate agreement with us as set out in Annex 1. Top Up’s relating to Local Authority placements must always be agreed with the Local Authority.

 

 

 

Our Fees

Included in our Fees:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Your Weekly Fee includes the following Services:

a)       Furnished accommodation

b)       Round the clock on-site staffing (please note: this is not one-to one staffing ration and this may be charged separately);

c)       Liaison with a multi-disciplinary care team;

d)       In-house social and community activities and/or events and access to recreational facilities;

e)       Ongoing care reviews;

f)         Bathroom and toilet facilities;

g)       Routine cleaning and maintenance of [your room];

h)       Heating, lighting and water;

i)         All meals, including snacks and drinks (non-alcoholic), including catering for special dietary requirements by arrangement;

j)         The maintenance and upkeep of the grounds, the home, its furnishings and furniture;

k)       Organisational infrastructure;

l)         Provision of personal, nursing and medical care as set out in your care plan;

m)     Use of any communal areas and facilities;

n)       Laundry and linen services (excluding dry cleaning and handwashing);

o)       Central heating, hot water and lighting;

p)       Supply of bed linen and towels;

q)       Insurance of the home and its contents (subject the terms and conditions’);

r)        Annual testing of residents’ personal electrical appliances;

s)       Intercommunication and fire safety systems; and

t)         Internet access (subject to reasonable usage).

 
Not included in our Fees:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Additional costs are incurred for the following Additional Services:

a)       Transport and escort to any external appointments;

b)       Personal newspapers and magazines;

c)       Personal flowers;

d)       Personal purchases of confectionary, alcoholic drinks and particular snacks, smoking or vaping materials;

e)       Personal toiletries;

f)         Hairdressing;

g)       Dental care;

h)       Manicures, beauty treatments and other therapies;

i)         Podiatry / chiropody care;

j)         Special outings e.g. theatre tickets;

k)       Special medical equipment not provided by the home or NHS;

l)         Private physiotherapy, dental care, hearing aids, eye care, where not provided by the NHS;

m)     Medical attention and other services not provided free under the NHS;

n)       Installation charges, licence fees for private telephone line, large television, internet or cable TV connection and cost of landline telephone calls and enhanced television and broadband / Wi-Fi service in the room (e.g. Netflix);

o)       Dry cleaning;

p)       Clothing, shoes and slippers; and

q)       Taxi services and other transportation.
How You Pay:  

Fees must be paid by direct debit for the full month in advance. We will issue an invoice on the 1st of each month. Payment must be received by the 10th of each month. If payment is more than 7 days late, we may charge interest on the overdue amount.

 
Fee Increases:

 

 

 

 

 

 

 

 

 

 We determine the Fees payable based on your accommodation, care and nursing needs at the time we carry out the initial assessment, prior to you moving in. If we determine [(acting reasonably)] that your care needs change at a further assessment or at any point during your time at the Home, we may charge you, and you shall pay, more or charge you less. We will let you know in writing if this is ever the case.

 

In addition, we may also increase our Fees in the following circumstances:

a)               It is important to note that, as a general rule, even if your care needs do not change or there are no other factors outside our control, your Fee will increase on 1 April each year by an amount equal to the percentage change in the Consumer Price Index (CPI) for the 12 month period ending on 31 December of the preceding year, plus 5%. If the Homes costs increase by more than historically predictable levels, a higher increase may be applied by us (acting reasonably).

b)               If our costs increase by more than historically predictable amounts and we deem it necessary or appropriate [(acting reasonably)], we may apply an exception and additional increase to your Fees on written notice (this is over and above the amount indicated in paragraph a) above).

c)                If you request a change in room and the cost of such room is greater than you existing room.

Please note that an interim Fee increase may also be applied.

We will seek to give you at least 28 days’ notice of any increase. If you do not agree to a fee increase, you may end this Agreement on notice in accordance with our terms and conditions.

 

Right to Change Your Mind

Cooling off Period If you sign this Agreement during a visit to your home, hospital or another location you have the right to cancel within 14 days. You can cancel by phone, email, letter or using the Right to Cancel Form. If you request admission before the 14-day period ends and later cancel, you will be charged for any fees incurred up to the cancellation date.

 

 

Trial Period

Trial Period Your first six weeks in the Home will form a trial period. During this time, you may end this Agreement on 7 days’ notice.

 

 

Termination of this Agreement

Termination by You Following the Trial Period, 28 days written notice is required to terminate this Agreement.
Termination by Us Unless we agree otherwise, we may terminate this Agreement at any time by giving 28 days written notice.
Immediate Termination The Agreement may be terminated immediately if either party breaches its terms or if you pose an immediate risk.

 

 

Complaints

You have the right to complain  If you are unhappy with any aspect of the Services we provide, you have the right to complain. Our complaints procedure is set out [on our website / in a brochure and is available by asking the Home Manager.]

 

 

Data Protection

Protecting your Information  We process all personal data in accordance with our privacy policy which is set out St Quentin Care Homes Privacy Policy.

 

 

Representatives:

If you are the Representative of a resident and sign this Agreement on the Resident’s behalf, the terms and conditions in this Agreement (including the Main Terms and terms and conditions) will apply to you in the same way as they apply to the Resident. You will be personally bound by these terms and conditions, and we may recover any amounts outstanding under this Agreement from either you or the resident (or both) unless you have signed the Agreement in the capacity of:

  • the resident’s validly appointed attorney under either an enduring or lasting power of attorney and that power of attorney remains valid; or
  • the resident’s validly appointed deputy.

If you are the Resident’s validly appointed attorney or deputy at the time of signing this Agreement you are only liable for payment of any sums due to us in that capacity. If you are the Resident’s validly appointed attorney or deputy at the time of signing this Agreement it is your responsibility to ensure that your appointment remains valid (for example by registering an unregistered enduring power of attorney at the time it becomes registrable).

 

 

Terms and Conditions

 

INTRODUCTION

    • These terms and conditions, including any schedules and other documents referred to in these terms and conditions, and together with:
      • The Additional Key Information document;
      • Third Party Payment (Top Up) Agreement;

form the entire agreement between the parties and the basis of a legally binding contract between you and us for the provision of accommodation, care and ancillary or related services by the Home.

 

DEFNITIONS

    • ‘’The Home’’, ‘’We’’, ‘Our’’ or ‘’Us’’ means the HEALTHCARE MANAGEMENT TRUST (trading as HMT) as your provider of care and accommodation services.
    • ‘’You’’ or ‘’Your’’ means the resident or addressed equally to a person who is nominated to act on your behalf either formally or informally.
    • ‘’Home Manager’’ means the individual appointed by us to have day-to-day operational oversight of the Home.
    • ‘’Services’’ means care and accommodation services, including but not limited to those listed at clauses 3

‘’Funding Authority’’ means any local authority, NHS body or other local or central government authority that has agreed to pay all or part of the fees agreed for the services to be provided under an agreement with the Funding Authority.

  • ‘’Working Day’’ means any day other than a Saturday, Sunday, or a public/bank holiday in England and Wales.

 

OUR AGREEMENT WITH YOU AND THE SERVICES

    • We agree to provide you with the Services in accordance with this Agreement.
    • Subject to the provisions of this Agreement, you are entitled to the Services (and any related services if agreed) and we will do all that we would be reasonably expected to do to provide such services throughout the duration of this Agreement. Our aim is to always provide you with the Services:
      • using reasonable care and skill;
      • in compliance with commonly accepted industry practices and standards; and
      • in compliance with laws and regulations in force at the time in which we provide you with the Services.
    • If our supply of your service is delayed, failure or prevented by an event outside our control, such as fire, flood, property damage, access issues with the Home, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay or failure.
    • You confirm that all information and any documents supplied to us as part of the application process are true and correct, and you understand that we have relied on this information in accepting you to move into the Home.
    • We will deliver and maintain the Home, including your room, in a good condition. Temporary interruption of such utility services due to factors outside of our control or due to repairs, maintenance or replacement will not be considered a breach of this Agreement.
    • You will not (and will ensure that your guests will not) destroy or damage any part of the Home, your room or belongings contained therein. You will be required to pay and reimburse us (on demand) the amount of any loss, damage, claims, costs or expenses incurred by us or any other resident from a breach of this Agreement.

 

OUR FEES

      • You will be charged a Weekly Fee for our Services.
      • Some of our residents become eligible to receive public funding during their stay with us. In some cases the funding will not cover all of our Fees. We will work with you and the relevant Funding Authority to find a solution, which could include moving you to another room (if that would address the shortfall). If a solution cannot be identified you may be required to move to another care home, which is willing to accept the funding available to cover all of its care and services.

 

What is covered by our Fees?

  • Unless otherwise agreed in writing by us, in return for payment of our Fee and from the date of admission, we agree to provide you with the services set out in the Main Terms. You will be required to pay Additional Fees for the additional items and services set out in the Main Terms.

 

FEE INCREASES

    • We may increase our Fees in accordance with the Main Terms.
    • Any exceptional additional fee increase mentioned in the Main Terms is intended to cover increases to our costs base including but not limited to an increase of staff to resident ratios or staff qualification and any other increase to the employment and benefits costs for our staff and workers and in respect of agency staff including arising from wage inflation and unsettled employee-markets, steps taken by central government or local authority or other state or quasi state entities or agencies which result in an increase to our costs, exceptional economic factors, high inflation rates and/or additional cost pressures including dislocations in the energy and other relevant markets affecting our costs in respect of electricity, heating and other utilities, any other legislative or regulatory arrangements, increases in our costs as a consequence of a pandemic or other equivalent emergency, changes in rent or interest costs, increases to the prices passed on to us by our suppliers, including (but not limited to) suppliers of food, healthcare products, medical supplies and other relevant consumable items beyond the trend of previous years or increases to the National Living Wage or National Minimum Wage beyond the amount which was readily predictable or anticipated.
    • To the extent we are reasonably able, we will provide at least 28 days written notice of any and all Fee increase.
    • If you do not agree with a fee increase, you may end this Agreement under clause 9, Bringing this Agreement to an End.

 

Fee Increases due to a Change in Care Plan

  • Before you move into the Home, the Home will carry out an initial assessment to ensure that we can safely and appropriately meet your needs. We will then carry out a further assessment within the first month to check that your initial assessment accurately reflects your needs. Our Fee may increase or decrease following the further assessment, as your needs may differ from those identified in your initial assessment.
  • We will routinely review your care plan (at least 28 days). If your needs change at any point during your residency, our Fee may increase or decrease to reflect the level of care required and we will notify you in writing of any increase as soon as we can.
  • If either of the circumstances described above in clauses 5 and 5.6 arise, we will discuss the changes with you and will provide 28 days’ written notice if your fee is subject to change.

 

FINANCIAL MEANS

    • By signing this agreement, you confirm that:
      • the information, documentation and date you have provided about your financial circumstances is a true, complete and accurate record of your position on admission; and
      • you can evidence in writing that you have sufficient means to pay your Fees for a minimum of 3 years
    • If you cannot evidence sufficient means to pay your fees for a minimum of 3 years, you may appoint a Guarantor or Third Party, who will need to agree to these terms and conditions, and provide written evidence they can pay your fees for a minimum of 3 years.
    • You must make us aware as soon as reasonably possible, in writing if your financial circumstances change at any time, including any changes to any funding arrangements as outlined in clause 7.
    • It is difficult to predict how long you will be a resident at the Home. Therefore, you must ensure you always have access to funds sufficient to cover your Fees for at least 12 months and be personally able to pay the Fees yourself, at all times.

 

FUNDING

    • If your Fees are paid in full or part by a Funding Authority, you still remain liable for and will pay the full payment of our Fees (on demand).
    • If the amount paid by the Funding Authority is not sufficient to meet our Fees [and any related costs and expenses], then we advise you discuss this with the Funding Authority. If the Funding Authority will not meet our full Fees on request, then you or a relative or other Third Party may be required to make up the difference by way of a Third-Party Top Up. Such person will need to sign a contract with the Funding Authority and us.

 

Local Authority Funding

  • During your residency, your financial means may deplete to the threshold to qualify for funding support from the local authority.
  • It is your responsibility to make the application to the local authority for this support and should inform the Home Manager in writing as soon as practical that you may become eligible for Local Authority Funding, such notice should be no less than 3 months.
  • You must inform the Home Manager in writing as soon as you receive confirmation that you are eligible for Local Authority Funding.
  • You are responsible for paying our Fees in full at all times. If you become eligible for Local Authority Funding, you are responsible for ensuring that there are no breaks, failures or delays in any funding and paying the Fees, and that any shortfall is covered, and paid for by you, at all times.
  • If a local authority decides that you are no longer eligible for funding then you will need to pay the full private rate fee, as notified by the Home Manager, from the date that the Local Authority notification is received by the Home. If you do not wish to pay the full private rate fees, you may end this Agreement in line with clause 9, Bringing this Agreement to an End.

 

Third Party (Top Up) Agreements

  • Our fees may be higher than what the local authority will pay. If this is the case, we and/or the local authority may enter into a Third Party (Top Up) Agreement with your family member, relative or friend, who will be responsible for and shall pay any shortfall (in accordance with the terms of the Third Party (Top Up) Agreements).
  • You should be aware that if there is a shortfall in fees and a Third Party is not prepared to enter into such agreement, then we may terminate this Agreement.
  • Any Third Party (Top Up) Agreement should be arranged through the local authority. If the local authority does not provide its agreement to a Third Party (Top Up) Agreement, we may terminate this Agreement.
  • If the third-party defaults on the top up payments, we may terminate this Agreement.

 

NHS Continuing Healthcare

  • If you have a health need, you may be assessed to determine your eligibility for NHS Continuing Healthcare (CHC).
  • If you qualify, the NHS, through your local Integrated Care Board (ICB), will pay us a contribution fee set by the ICB to cover what they deem appropriate for your assessed needs. However, this amount does not cover the full cost of living in the Home, as we provide a higher standard of care beyond what the CHC funding includes, and you will be required to pay any difference to ensure that the Fees are paid in full at all times.

 

NHS Funded Nursing Care (FNC)

  • If you have been assessed as eligible for NHS Funded Nursing Care, a contribution is made by the NHS directly to us to cover the nursing element of your care. This is currently a set fee per week (rate subject to the NHS annual review).

This payment is made to us in addition to the Fee and does not reduce the amount payable by you. You acknowledge and agree that you will still be liable for and shall pay in full all fees irrespective of whether any FNC payment is made or received by us.

  • If FNC is withdrawn or reduced, the Fee may be reviewed and increased accordingly with a minimum of 28 days’ notice by us (acting reasonably).

 

Deferred Payment Agreement (DPA)

  • If you have a property to sell, a local authority may enter into a Deferred Payment Agreement (DPA) with you whereby a local authority agrees to meet the costs of care until such time as your property is sold, at which time you will repay to the local authority the Fees paid on your behalf. This is a separate arrangement between you and the local authority, and we are not a party to that agreement.
  • The local authority may not agree to pay the full value of our Fee. If a local authority agrees to pay part of the Fee for a temporary period whilst your property is being sold and there is a shortfall between the amount the funding authority pays and our Fee, then you will be responsible for paying and will pay to us the shortfall from your date of admission.
  • You are responsible for paying our Fees in full at all times. If you enter into a Deferred Payment Agreement, you are responsible for ensuring that there are no breaks, failures or delays in any funding and paying the Fees, and that any shortfall is covered, and paid for by you, at all times.

 

12 Week Property Disregard

  • When entering a care home for the first time, a local authority may undertake a financial assessment to determine if you are eligible for state financial assistance. During the first 12 weeks of your placement in the care home, the local authority will disregard the value of your property in determining whether you are eligible to receive state financial assistance
  • If the local authority assesses that you are eligible during this 12-week period to receive financial assistance, the amount that the local authority is prepared to pay may not be sufficient to cover our total fees. In this situation, you may be required to pay the shortfall to meet the full cost of our Fees
  • You acknowledge and agree that the arrangements detailed above (being clauses 3 to 7.21 (inclusive)) are correct as at the date of these terms and conditions. They may be subject to change and if they do, we will work with you to agree a fee-paying arrangement provides always that you will be liable and responsible for paying our Fees in full (unless we agree otherwise in writing).

 

PAYING YOUR FEES

    • Fees must be paid by direct debit, which is to be set up before admission to the Home. You will ensure that at all times we are able to take payment via your direct debit.
    • We will issue an invoice on the 1st of each month for the full month in advance. Payment must be made by the 10th of each month or the next Working Day if the 10th falls on a weekend. Your first invoice may vary (in both timing and amount). This is because your admission date can fall at any point during the month.
    • If you think an invoice is incorrect, please let us know in writing as soon as possible. We will not charge interest on late payments until we have resolved the issue. We will provide a statement of your account and receipt for any monies paid on request.
    • We may add tax to any Fees where required by law.

 

We charge interest on late payments.

  • If we’re unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis starting 7 days after the due date until the date of actual payment over the overdue amount, whether before or after judgement. You pay us the interest together with any overdue amount.
  • BRINGING THIS AGREEMENT TO AN END
    • Your right to terminate this Agreement during the Trial Period, you may end this Agreement on 7 days’ written notice. Following the Trial Period, you may end this Agreement on 28 days written notice.

 

Our rights to terminate this Agreement

We may terminate this Agreement at any time, for any reason, by giving 28 days written notice.

 

Immediate Termination

This Agreement may be terminated immediately if either commits a material breach of its terms, or if your behaviour or condition presents an immediate risk to your own safety or the safety of others, or if your medical condition means that your care needs can no longer be met by the Home.

 

Resident’s Death

In the event of death, we shall use reasonably endeavours to notify next of kin and to offer all reasonable assistance with the funeral arrangements in accordance with any instructions that you may have previously given. Fees will remain due on the accommodation up until, and including, the day that the room has been emptied of all personal effects. However, this period will be for no longer than 3 days unless your family or representative has agreed with the home manager to pay for a specific time-limited extension for clearing the room.

 

Post termination provisions

  • On the termination of this Agreement, you will promptly vacate the room, remove any objects held in storage, remove all of your property, and deliver possession of the room and any furniture, equipment, appliances, fixtures and keys supplied by us to you, back to us in good condition, fair wear and tear excepted. The transportation and eventual removal of any of your personal items or furniture shall be the responsibility of you or, in the case of death, your personal representatives.
  • You will pay the actual cost of removing, storing and forwarding any of your property remaining in the room after the termination of this Agreement in accordance with the price list published in the Home. We will use our reasonable endeavours to use the lowest priced option available for such removal, storage and forwarding of any of your property. We shall not be liable for any damage or loss of such items (unless we have been negligent or have breached any duty we may owe to you (either arising under this Agreement or by virtue of any other duty imposed or implied by law)) provided that we inform you in advance and on reasonable notice.
  • Where the Agreement is terminated, we will refund you any amounts pre-paid, for a period beyond the end of the notice period.
  • Once you have vacated the room you will not be required to pay any Fees beyond the notice periods set out this Agreement, other than in respect of the storage, removal and/or forwarding of any of your property and any outstanding fees due at the date of termination.
  • Any termination of this Agreement is without prejudice to the claims of either party for any prior breach of this Agreement that was not claimed at the time of occurrence.

 

TRIAL PERIOD

    • Your first 6 weeks in the Home will be a trial period.
    • During the trial period, you may end this Agreement on 7 days written notice. During the trial period, we may end this Agreement on 28 days written notice. After the trial period ends, the notice provisions in clause 9, ‘Bringing this Agreement to an End’

 

YOUR ROOM

    • By signing this agreement, you acknowledge and agree that your room may only be used by you for residential purposes pursuant to a non-exclusive licence to occupy, and that this agreement does not create a tenancy or lease, nor an assured tenancy under the Housing Act 1988 and does not create or infer any right to security of tenure. You are not a tenant and do not acquire legal property rights by entering into this Agreement or otherwise. You will be allocated a room on admission which they will occupy as a licensee only.
    • We aim to keep you in the same room but may require you to move if it is deemed in your interests or if you request in writing a move or change. In these circumstances, where possible, we will provide you with 7 days’ written notice but may require an immediate move if your safety is at risk. If the new room has a different rate, your Fees will be adjusted in accordance with this Agreement. If you do not wish to move, you may end this Agreement by giving 28 days written notice and no increased Fee will apply during that period.
    • We will have, and requires, full, free and unrestricted access to you room in order, amongst other things, to provide the services referred to in this Agreement. Whilst we respect your privacy, we retain full access to your room to enable us to provide the care you need. You will allow our team members to enter the room in the normal course of their duties.
    • All outside agencies will require prior approval from us (acting reasonably) to enter and provide health or other services to you within your room.
    • You will not alter the room without prior written consent and will notify us as soon as reasonably practicable of any defects in the room or in our equipment, appliances, or fixtures which you become aware of.(including putting up pictures on walls)

 

PERSONAL BELONGINGS

    • You are allowed to bring any personal possessions and furniture into the home. All electrical items must be PAT tested, and furniture must meet health and safety regulations. Furniture must be easy to clean.
    • For electrical recliners, privately owned wheelchairs and mobility scooters, proof of servicing within the past 12 months is required. You are responsible for all servicing and maintenance costs.
    • We reserve the right to remove any item deemed defective or unsafe.

Pets

  • You may arrange for pets to visit the Home, subject to our prior approval. Any pet bought onto the premises is at the owner or visitor’s own risk. We accept no liability for injury from the pet or any harm caused by the pet while on the premises. You or your visitor remain fully responsible for the pet at all times and will be liable for any damage, loss or injury caused by the pet to property, staff, residents or other visitors.
  • We reserve the right to carry out a risk assessment before granting permission for any pet to visit.

Smoking

  • Smoking is not permitted by residents or visitors in the Home except in designated smoking areas identified by the Home.

Visitors

  • Visiting times are as flexible as possible and we will advise you of times where visits may be made to the Home.
  • If treatment is to be carried out during a visit, we may ask visitors to wait outside the room.
  • In the event of a pandemic or outbreak of infectious disease, we may impose restrictions on visiting in accordance with government guidance, Public Health England and the Care Quality Commission. Visitors must comply with any measures implemented to minimise risk.
  • All visitors must sign in and out and inform staff if you are leaving the Home with them. Visitors must behave respectfully towards residents, staff and other visitors and we reserve the right to refuse or limit entry to any visitor who does not adhere to these rules. If you leave the Home with a visitor without being accompanies by a member of staff, we accept no liability for your health, life or wellbeing while away from the Home.

Insurance

  • You’re responsible for maintaining your own personal insurance cover. This includes for your personal property.

 

TIME AWAY FROM THE HOME

    • If you are absent from the Home for a period of time, including admission to the hospital, your room will be reserved provided that our Fees are paid in full for the first four weeks and at a reduced rate of 90% thereafter.
    • If you continue to be absent from the Home for a period in excess of 8 weeks, we will contact you and where relevant, your representative to see whether you are likely to return to the Home and seek agreement regarding further retention of your room.

 

OTHER IMPORTANT TERMS

 

WE PASS ON INCREASES IN VAT

If any part of the Services we provide become subject to VAT at any time  and the VAT rate changes from the date you sign this Agreement and the date we supply any services which are subject to VAT, we’ll adjust the VAT you pay to reflect the new rate, unless you have already paid in full before the change takes effect.

 

NOTICES

Any notice to you may be validly given if sent by email (where an email address is given in the Agreement), post or hand delivered. Notices sent by post will be deemed to be received forty-eight (48) hours after posting.

 

YOU’RE RESPONSIBLE FOR MAKING SURE ALL INFORMATION YOU PROVIDE TO US IS ACCURATE

You’re responsible for making sure all information you provide to us is accurate and complete. This includes details about your finances, health, preferences and any other information necessary for us to deliver appropriate care. We will not accept liability for any loss, harm or inconvenience arising where we have reasonably provided care based on the information supplied. We will however take responsibility for any information or assessments we carry out or provide ourselves.

 

LIABILITY

    • We’re not responsible for losses you suffer caused by us breaking this Agreement if the loss is:
      • It was not obvious that it would happen, and nothing you said to us before we entered into this Agreement meant we should have expected it (in legal terms, the loss was not foreseeable)
      • caused by a delaying event outside our control, provided we have taken the steps described in the clause 3 ‘We’re not responsible for delays outside our control’.
      • avoidable. Something you could have avoided by taking reasonable action, including following reasonable instructions.
    • Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or for any other liability that cannot legally be limited or excluded (including under the Consumer Rights Act 2015).

 

HOW WE USE YOUR PERSONAL DATA

    • Any personal data you give us will be used in accordance with our Privacy Policy.

 

RESOLVING DISPUTES WITH US

    • Our complaints policy: We will do our best to resolve any problems you have with the Home or our services as per our complaints policy.
    • Resolving disputes without going to court. Alternative Dispute Resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can also submit a complaint to CQC through their website at www.cqc.org.uk. The CQC does not charge you for making a complaint and if you're not satisfied with the outcome, you can still go to court.
    • You can go to Court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

 

TRANSFERRING OUR OBLIGATIONS UNDER THIS AGREEMNT

We can transfer our agreement with you, so that a different organisation is responsible for supplying you with the Services. We will contact you to let you know if we plan to do this. If you’re unhappy with the transfer, you can end this Agreement within 28 days of us telling you about it and we will refund any payments you’ve made in advance for services not provided.

 

IF A COURT INVALIDATES SOME OF THIS AGREEMENT THE REST WILL STILL APPLY

If a court or other authority decides that some of these terms are unlawful, the rest will still apply.

 

EVEN IF WE DELAY ENFORCING SOME OF THIS AGREEMENT, WE CAN STILL ENFORCE IT LATER

We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

  • WE CAN MAKE CHANGES TO OUR SERVICES AND THESE TERMS
    • There are some changes that we can always make. We can always change this Agreement at any time (acting reasonably):
      • to reflect changes in relevant laws and regulatory requirements; and
      • to make minor technical adjustments and improvements. These are changes that don’t materially impact the services we provide to you as part of your care.
    • There are changes we can only make if we give you notice and an option to terminate. We can also make the following types of changes to the Services or these terms on providing not less than 28 days written notice to you, but if we do so we’ll notify you and you can then end this Agreement before the changes take effect and receive a refund for any services you’ve paid for in advance, but not yet received:
      • changes or increases to our Fees and any other costs or expenses incurred by you, over and above those detailed in the Main Terms; and
      • changes to the services or these terms that materially affect you.
    • JURISDICTION

This Agreement is governed exclusively by the law of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.