Terms and Conditions
- Acceptance by the Company
- The selected Funeral Director
- Procedure on Death
- Payment by Instalments over a Set Period and Fixed Monthly Payments
- General
- Direct Debit Guarantee
- Definitions
1. Acceptance by the Company
1.1 If paying in full with a Single Payment or paying by instalments over a Set Period then the Member must be over the age of 50 at the date of application for a Funeral Plan in order to be eligible for acceptance by the Company. If paying by Fixed Monthly Payments then the Member must be between the ages of 50 and 80 and a UK resident at the date of application and there are no health restrictions in order to be eligible for acceptance.
1.2 The Member must enclose a cheque (made payable as directed by the Company) for the Deposit or the Single Payment as applicable with the completed Application Form. Single Payments or Deposits may also be made by an approved debit or credit card.
1.3 If paying by Fixed Monthly Payments then payments will be used by the Company to buy a whole of life assurance policy on the Member’s life with AXA Wealth Ltd. The Member will need to complete a Direct Debit instruction (see Clauses 4 and 6) and AXA Wealth Services Ltd will administer and service the policy and collect the monthly payments. AXA Wealth Ltd and AXA Wealth Services Ltd are authorised and regulated by the Financial Services Authority, however, all funeral services are arranged and provided by the Company which is not authorised or regulated by the Financial Services Authority but is a registered provider with the Funeral Planning Authority.
1.4 The Company may (1) (subject to Clause 1.9) act in accordance with the instructions of, and (2) communicate with, either the Member or the Representative on all matters relating to the Funeral Plan. References in these Terms and Conditions to the Member will therefore include references to the Representative (instead of the Member) where appropriate.
1.5 Within 30 days of receipt of a completed Application Form, the Company will notify the Member of its acceptance or rejection of the application (applications being rejected where the formalities and requirements for applications specified by the Company in the Application Form have not been complied with or it is not completed correctly). No contract will exist between the Company and the Member until the Company has notified the Member of its acceptance.
1.6 If an application is accepted and the Total Amount Payable has been fully paid, the Company will send the Member a personalised membership card and number and Certificate of Entitlement. If the Total Amount Payable is payable by instalments over a Set Period a provisional membership card will be issued which will be replaced by a membership card and a Certificate of Entitlement when the Total Amount Payable has been paid. If payment is by Fixed Monthly Payments a provisional membership card will be issued which will be replaced by a membership card and a Certificate of Entitlement when 2 years’ payments have been made.
1.7 If paying in full by a Single Payment or by instalments over a Set Period, the Member must notify the Company in writing of any change of address or any of the Member’s other details specified in the Application Form, as soon as reasonably possible after the change. A change of address of the Member outside of the normal area of operation of the Selected Funeral Director may result in the appointment by the Company of a new Selected Funeral Director and/or an increase in the Funeral Director’s Costs and/or Third Party Costs (unless Clause 2.6 applies). If, as a result of a change of address, the existing or new Selected Funeral Director (acting reasonably) wishes to increase the Funeral Director’s Costs or Guaranteed Third Party Costs or the estimate of Non Guaranteed Third Party Costs (unless Clause 2.6 applies) or (in the case of a new Selected Funeral Director) charge a Funeral Director Arrangement Fee, the Member must either pay such additional sums to the Company or to its order as it may notify in writing within 30 days of such notification or the Funeral Plan will be cancelled and a refund made under Clause 1.8. If paying by Fixed Monthly Payments any change of address which necessitates a change in Selected Funeral Director will invalidate the Guarantee given by the original Selected Funeral Director. A new Selected Funeral Director will be allocated by the Company and while reasonable efforts will be made by the Company to obtain a Guarantee from the new Selected Funeral Director, the new Selected Funeral Director may require additional sums at the time of need to accommodate the Member’s wishes in line with the terms of the Funeral Plan. The Member will be advised in writing of an estimate of these additional costs as at the date of the transfer to the new Selected Funeral Director. The new Selected Funeral Director will treat the proceeds available from the whole of life assurance policy referred to in Clause 1.3 at death as a contribution towards funeral costs. The Member’s next of kin, executors, trustees or the Representative will be required to make a separate payment for any additional costs and/or Third Party Costs to the new Selected Funeral Director at the time of need prior to the funeral taking place.
1.8 If paying by a Single Payment or by instalments over a Set Period, a refund of all sums paid will be made in accordance with the directions given in the Application Form provided that written notice of cancellation is received (from the Member or Representative) by the Company within 30 days of the issue of the Company’s written acceptance of the application to purchase the Funeral Plan. If written notice of cancellation is received after such 30 day period has expired, the Company will charge a cancellation fee of £199 and the Selected Funeral Director will retain any Funeral Director Arrangement Fee and those sums will be deducted from the sums to be refunded. No Funeral Plan may be cancelled after the death of the Member.
If paying by Fixed Monthly Payments and the Member wishes to cancel the Funeral Plan after 30 days he/she must advise the Company in writing. There is no cash in value at any time and no refund of any sums paid will be made. The Funeral Plan will be cancelled. If payment is by Fixed Monthly Payments and the Member wishes to cancel the Funeral Plan within 30 days he/she must advise the Company in writing in which event any payments made by or on behalf of the Member will be refunded in full.
1.9 In the event of any inconsistency between instructions given by the Member (including any attorney, curator, guardian, or other person legally authorised to deal with the Member’s affairs) and by the Representative in relation to the Funeral Plan (including its cancellation) the Company will (subject to these Terms and Conditions) give effect to the instructions of the Member (or any such attorney, curator, guardian or other legally authorised person as appropriate).
1.10 Unless Clause 2.6 applies, the Total Amount Payable or, where applicable, the total amount of and/or proceeds from Fixed Monthly Payments if paid for more than 2 years, includes the Funeral Director’s Costs, Guaranteed Third Party Costs (subject to Clause 2.5) and an estimate for Non Guaranteed Third Party Costs as specified in the Application Form. Neither the Member nor the Representative nor the Member’s next of kin, executors or trustees will have any additional sums to pay in respect of the Funeral Plan except as detailed in Clauses 1.7, 2.4, 2.5, 2.6, 4.1(iii) and 4.3.
1.11 Where the Total Amount Payable is payable by a Single Payment and has been paid and the Funeral Plan has been in force for 30 days, provided no notice of cancellation has been received, the Company will make a donation of £25 to a UK registered charity nominated by the Member in accordance with the details in the Application Form.
2. The selected Funeral Director
2.1 The Company will appoint the Selected Funeral Director as its sub contractor to carry out the funeral arrangements of the Member in terms of the Agreement and will (subject to Clauses 1.7 and 4.3) have the Selected Funeral Director provide the Guarantee. The Company will use reasonable efforts to ensure that the highest quality of service is provided by the Selected Funeral Director.
2.2 The Company reserves the right at its discretion to appoint a new Selected Funeral Director to carry out the chosen funeral under the Funeral Plan.
2.3 If the Representative or any other person wishes, after the Member’s death, to have the funeral arrangements of the Member carried out by a party other than the Selected Funeral Director, they must pay for such funeral arrangements themselves. In such circumstances no payment will be made to any party other than the Selected Funeral Director (in accordance with arrangements specified by the Company).
2.4 The Member’s next of kin, executors, trustees or the Representative will (as a condition of the Selected Funeral Director carrying out the Member’s chosen funeral arrangements under the Funeral Plan) pay to the Company or to its order:
- any difference between the amount of estimated Non Guaranteed Third Party Costs detailed in the Brochure or the Application Form and the actual amount (if greater) of Non Guaranteed Third Party Costs incurred in carrying out such funeral arrangements;
- any amount required to be paid in relation to Guaranteed Third Party Costs under Clause 2.5;
- any amount required to be paid for Third Party Costs if Clause 2.6 applies;
- any Value Added Tax falling due in respect of the Funeral Plan as provided in Clause 5.4 ; and
- any sums due under Clauses 1.7 or 4.1(iii).
Neither the Trust nor the Company nor the Selected Funeral Director nor AXA Wealth Ltd nor AXA Wealth Services Ltd will be responsible for any such difference or amount.
2.5 The Guaranteed Third Party Costs as specified in the Application Form comprise:
- the cremation fee and costs charged at a local crematorium at the time of use in both cases chosen by the Selected Funeral Director;
- the fee payable to doctors for the issue of a cremation medical certificate (up to the maximum amount recommended by the British Medical Association);
- the minister of religion or officiant’s fee (of an amount up to the maximum amount recommended by the Church of England Stipend Authority).
In the unusual event that the doctor’s, minister’s or officiant’s charges are more than such recommended maximum amounts or the Selected Funeral Director’s choice of crematorium and/or time of use is varied, the Member’s next of kin, executors, trustees or the Representative will (as a condition of the Selected Funeral Director carrying out the funeral arrangements under the Funeral Plan) pay to the Selected Funeral Director: (1) any difference between the then maximum recommended amount of such Guaranteed Third Party Costs and the actual amount (if greater) of Guaranteed Third Party Costs incurred in carrying out such funeral arrangements and (2) any difference between the cremation fees and costs which would have been incurred had the Selected Funeral Director’s choice not been varied and the higher cremation fees and costs incurred as a result of any such variation. Neither the Trust nor the Company nor the Selected Funeral Director nor AXA Wealth Ltd nor AXA Wealth Services Ltd will be responsible for any such difference or amount
2.6 Where the Member has chosen the Easier Way version of the Charity Funeral Plan, no Third Party Costs are included and no guarantee is given by any party in relation to any Third Party Costs. Subject as follows, the Member authorises the Company and/or the Selected Funeral Director (as the Company’s sub-contractor) to incur all appropriate and necessary Third Party Costs for the purpose of carrying out the Member’s chosen funeral arrangements under the Funeral Plan. The Member’s next of kin, executors, trustees or the Representative will (as a condition of the Selected Funeral Director carrying out such funeral arrangements) pay to the Company or to its order: (1) the amount of all Third Party Costs incurred in carrying out such funeral arrangements; and (2) any Value Added Tax falling due in respect of the Funeral Plan or any element thereof to the extent unpaid. Neither the Trust nor the Company nor the Selected Funeral Director will be responsible for any such amount. Where the Easier Way version of the Charity Funeral Plan has been chosen, all references to Third Party Costs (whether Guaranteed or Non Guaranteed) in the Agreement shall be read subject to this Clause 2.6.
3. Procedure on death
3.1 The Company will ensure that the Selected Funeral Director carries out the funeral arrangements of the Member in accordance with and to the extent of the Funeral Plan and the Agreement or, in the event of failure by the Selected Funeral Director, that an alternative Selected Funeral Director chosen by the Company carries out the funeral arrangements in the same manner (subject in all cases to Clauses 1.7 and 4.3). The Company’s responsibility will only be for the performance of the Costs incurred in carrying out such funeral arrangements; Member’s funeral arrangements as specified in the Agreement. The Company will have no responsibility for any services, items or costs which are not so specified
3.2 Should any extra item or service, not included in the Funeral Plan, be provided by a third party, the Company will not be liable for any loss, damage, expense or inconvenience arising from that provision unless it or the Selected Funeral Director was responsible for organising or providing these items or services under the Funeral Plan.
3.3 The Company will not be responsible for the loss of any valuables or items on display for private viewing in premises which are not owned or operated by it or the Selected Funeral Director.
4. Payment by Installments over a Set Period and Fixed Monthly Payments
4.1 The Member may choose to pay for a Funeral Plan in three different ways:
(i) by paying the Total Amount Payable by a Single Payment;
(ii) by paying the Total Amount Payable by instalments over a Set Period where the instalments and period are detailed in the Application Form and confirmed in an agreement as referred to in Clause 4.2 ; or
(iii) by Fixed Monthly Payments where a monthly payment will be due as detailed in Clause 4.2. If this method of payment is chosen then subject to Clause 1.7 the Member will be unable to modify or amend any of the arrangements in the Funeral Plan before the time of need. Any proposed changes or additions made to such arrangements at the time of the funeral must, subject to Clause 1.7, be agreed separately with the Selected Funeral Director with additional payment for any amended or additional services or items made (without the Company’s involvement) direct to the Selected Funeral Director.
4.2 If the Member chooses to pay by instalments over a Set Period then upon signature of the Application Form the Member is contractually bound to pay to the Company or to its order the Total Amount Payable but the Company may at its discretion accept payment by way of instalments over a period agreed with the Company (being the Set Period). Where the Company agrees to accept payment of the Total Amount Payable by instalments over a Set Period the Member will enter into a credit agreement with the Company in a form approved by the Company.
If the Member chooses to pay by Fixed Monthly Payments he/she must complete a Direct Debit Instruction. The monthly payments will be fixed and will not increase and will be payable for the period detailed in Clause 4.3. The amount of the Fixed Monthly Payment is determined by the Funeral Plan chosen as adjusted by any personalisation options included within the Funeral Plan as well as the age and gender of the Member. The Fixed Monthly Payment will be confirmed in writing once the Member’s application has been received and processed. Once this has been agreed, it will not alter. The first payment will be taken 6 to 7 weeks after the start date of the Funeral Plan.
4.3 If the Member chooses to pay by instalments over a Set Period and if, at the date of the Member’s death any instalment is in arrears or any part of the Total Amount Payable remains unpaid the Company will still comply with its obligations under Clause 3.1 above provided that:-
(i) any prior instalments or sums paid by the Member will be credited towards the cost of the funeral; and
(ii) any balance of the Total Amount Payable outstanding, less any rebate, is paid by the Member’s next of kin, executors, trustees, or the Representative.
If the Member chooses to pay by Fixed Monthly Payments he/she must maintain the monthly payments until the anniversary of the start date prior to the Member’s 90th birthday, or until the Member’s death if sooner when payments stop. If the payments are not maintained after the first monthly payment has been made, or if any subsequent Fixed Monthly Payments are not made on the due date(s), the Company will allow 30 days of grace during which time the Member can pay the outstanding payments and the Funeral Plan will be unaffected. If the outstanding Fixed Monthly Payment(s) is/are not received within 30 days then the Funeral Plan will be cancelled and the Member will not get any money back.
If the Member’s date of death is more than 2 years from the start date, any outstanding Fixed Monthly Payments (maximum 2 months) must be paid as directed by the Company prior to receipt of the Funeral Plan benefits. If the Member’s date of death is less than 2 years from the start date, the benefits of the Funeral Plan including the Guarantee will not be available. Instead, the Company will, provided that all Fixed Monthly Payments due at the date of death have been paid, (1) pay a sum equivalent to 120% of the Fixed Monthly Payments actually paid, to the Selected Funeral Director as a contribution towards funeral costs (with the Member’s executors, next of kin, trustees or the Representative making a separate payment directly to the Selected Funeral Director of all additional costs and Third Party Costs required to carry out the funeral arrangements as advised by the Selected Funeral Director) or (2) if confirmed in writing by such executors, next of kin, trustees or the Representative, pay such sum to them.
4.4 If the Member chooses to pay by instalments over a Set Period the Member is entitled to make early settlement of the Total Amount Payable under the Agreement. To make settlement the Member must pay to the Company the balance of the Total Amount Payable then unpaid less any rebate to which the Member is entitled.
If the Member chooses to pay by Fixed Monthly Payments these payments cannot be altered and are payable until the anniversary of the start date prior to the Member’s 90th birthday or death if sooner, when payments stop.
4.5 Where the Total Amount Payable is payable by instalments over a Set Period and the Funeral Plan has been in force for one year, provided all instalment payments are up to date, the Company will make a donation of £25 to a UK registered charity nominated by the Member in accordance with the details in the Application Form.
4.6 Where the Member chooses to pay by Fixed Monthly Payments and all payments have been made without exception for 2 years and are up to date the Company will make a donation of £25 to a UK registered charity nominated by the Member in accordance with the Application Form
5. General
5.1 Costs
Except to the extent otherwise detailed in the Agreement, all costs, charges and expenses incurred in connection with the Agreement will be borne by the party incurring them.
5.2 Applicable Law
If a Funeral Plan is purchased in England, Wales or the Channel Islands, the Agreement will be governed by the law of England and the parties agree that any disputes will be dealt with by the English Courts. If a Funeral Plan is purchased in Scotland or Northern Ireland the Agreement will be governed by the laws of Scotland and the parties agree that any disputes will be dealt with by the Scottish Courts.
5.3 Trust Arrangements
If the Member chooses to pay by Single Payment or by monthly instalments over a Set Period then all sums received from Members in respect of Funeral Plans will be paid by the Company to the Trust without deduction. The Trust has authorised payments from the Trust’s funds:
5.3.1 to the Company in order to pay Selected Funeral Directors at the time of need under a Funeral Plan (or prior to the time of need in respect of any Funeral Director Arrangement Fee included in the Funeral Director’s Costs);
5.3.2 to Members in respect of refunds under Clause 1.8;
5.3.3 to the Company to meet the Company’s overheads and operating expenses at a level agreed between the Company and the Trust and reviewed from time to time.
If the Member chooses to pay by Fixed Monthly Payments then the terms of Clause 4.2 will apply.
5.4 All sums stated to be payable by the Member or his/her Representative in respect of a Funeral Plan are exclusive of any Value Added Tax payable thereon at any time which shall be payable as follows in addition by the Member and/or his/her Representative or executors or next of kin. On the basis of current legislation, no Value Added Tax has been added to any of the sums payable by the Member or his/her Representative in respect of a Funeral Plan. If VAT legislation or HM Revenue & Customs’ practice or interpretation of VAT legislation changes, the Company and the Selected Funeral Director may add Value Added Tax if payable on any relevant sum from time to time which shall then be payable by the Member or his/her Representative or the Member’s executors or next of kin.
6. Direct Debit Guarantee
6.1 This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits.
6.2 If there are any changes to the amount, date or frequency of the Direct Debit, the Company will notify the Member or the person paying for the Funeral Plan (“the Payer”), 14 working days in advance of their account being debited or as otherwise agreed. If the Payer requests a payment to be collected by the Company, confirmation of the amount and date will be given to them at the time of the request.
6.3 If an error is made in the payment of the Direct Debit by the Company or the Payer’s bank or building society, the Payer is entitled to a full and immediate refund of the amount paid from their bank or building society.
6.4 If the Payer receives a refund they are not entitled to, they must pay it back when the Company asks them to.
6.5 The Payer can cancel a direct debit at any time by writing to their bank or building society. A copy of the letter should be sent to the Company.
7. Definitions
In these Terms & Conditions, the following words have the following meanings:
“Agreement” means the Application Form (including these Terms and Conditions), the Company’s written acceptance, the Certificate of Entitlement sent to the Member and the written acceptance of the Selected Funeral Director contained in the Funeral Director Terms and Conditions;
“Application Form” means the application form for a Funeral Plan in the form specified by the Company;
“the Brochure” means the Company’s Funeral Plan Brochure, these Terms and Conditions, the Application Form, the Payment Information Sheet included with the Brochure and any other documents included with the Brochure from time to time, all as amended or updated from time to time and current as at the date of this Agreement;
“the Company” means Golden Charter Limited, Crowndale House, 1 Ferdinand Place, Camden, London NW1 8EE;
“Certificate of Entitlement” means the document giving details of the Funeral Plan given to the Member by the Company once the Total Amount Payable has been fully paid or, where payment is by Fixed Monthly Payments, after 2 years’ payments have been made;
“Deposit” means, where the Member is making payment by instalments over a Set Period, the first payment to be made by the Member;
“Fixed Monthly Payment” means, where Clause 4.1(iii) applies, the amount intimated by the Company in accordance with Clause 4.2 which will be used by the Company to purchase the life assurance policy referred to in Clause 1.3;
“Funeral Director’s Costs” means the Selected Funeral Director’s fees and costs as specified in the Application Form (including any separately identified fee or costs in respect of arranging the Funeral Plan (the “Funeral Director Arrangement Fee”);
“Funeral Director Terms and Conditions” means the terms and conditions applicable to and accepted by the Selected Funeral Director in respect of each Funeral Plan incorporating the Guarantee; Charity Funeral Plans
“Funeral Plan” means the various combinations of prepaid funeral services offered by the Company as part of the Charity Funeral Plan and selected by or on behalf of the Member in the Application Form;
“Guarantee” means the guarantee given by the Selected Funeral Directors as contained in Clause 1 of the Funeral Director Terms and Conditions;
“Guaranteed Third Party Costs” means those costs, fees, charges and expenses to be incurred by the Company or the Selected Funeral Director to third parties as specified in the Application Form and subject to Clause 2.5;
“Member” means the person whose funeral arrangements are provided for under a Funeral Plan (whether purchased by the Member or by another person for them or on their behalf);
“Non Guaranteed Third Party Costs” means those costs, fees, charges and expenses to be incurred by the Company or the Selected Funeral Director to third parties which are not Guaranteed Third Party Costs and are specified (by way of estimate) as such in the Application Form; for the avoidance of doubt all fees and costs incurred to third parties in respect of the burial of a Member are Non Guaranteed Third Party Costs; examples of typical Non Guaranteed Third Party Costs are given in the Brochure;
“Representative” means the Representative (if any) of the Member as detailed on the Application Form;
“Selected Funeral Director” means the funeral director selected by the Company under any relevant Agreement;
“Single Payment” means, where the Member is not paying for a Funeral Plan by instalments over a Set Period or by Fixed Monthly Payments, the amount specified in the Application Form;
“Total Amount Payable” means (where payment is made by a Single Payment or by instalments over a Set Period) the total sums payable by the Member for any Funeral Plan under the Agreement including the Funeral Director’s Costs, Guaranteed Third Party Costs, and an estimate of Non Guaranteed Third Party Costs, as detailed in the Application Form (subject to Clauses 2.4, 2.5 and 2.6) and any sums due under Clause 1.7;
“Third Party Costs” means Guaranteed Third Party Costs and Non Guaranteed Third Party Costs (as appropriate);
“Trust” means The Golden Charter Trust.
Copyright © Golden Charter April 2011