Terms and Conditions
50+ FUNERAL PLANS TERMS & CONDITIONS
(SFS SINGLE PREMIUM AND AXA FMP)
1 DEFINITIONS
We use the following definitions in your Funeral Plan:
“50+ Base Plan” means the simplified version of the 50+ Funeral Plan (where
all Third Party Costs must be paid in full at the time of your funeral) as set out
in Section 2.2;
“Amount Payable” means (where payment is made by the Single Payment
Option or by the Instalment Option) the total sum payable for your Funeral
Plan (excluding additional sums payable as referred to in Section 8);
“Application Form” means our application form for your Funeral Plan;
“Brochure” means our Funeral Plan Brochure which includes these Terms and
Conditions and the Application Form;
“Certificate of Entitlement” means the document giving details of your
Funeral Plan given to you as referred to in Section 2;
“Deposit” means, where you have chosen the Instalment Option, the first
payment to be made by you;
“Estate” means your next of kin, executors, trustees and/or your
Representative who are legally authorised to act for you after your death;
where Section 6.1 applies this term will also cover the next of kin, executors
and/or trustees of your Nominated Family Member;
“Family Member” means any person who is your spouse, civil partner, parent,
grandparent, sibling, aunt, uncle, nephew, niece, child or step-child or in an
enduring relationship with you or any relative of such a person, whether or not
they reside with you or at another address within the United Kingdom;
“Fixed Monthly Option” means the payment option defined in Section 2.1.3;
“Fixed Monthly Payment” means, where the Fixed Monthly Option is chosen,
the monthly amount confirmed by us which will be used to purchase the life
assurance policy referred to in Section 5;
“Funeral Director Arrangement Fee” means the Selected Funeral Director’s
fee for arranging your Funeral Plan;
“Funeral Director’s Costs” means the Selected Funeral Director’s fees and
costs for your funeral including any Funeral Director Arrangement Fee (but
excluding Third Party Costs);
“Funeral Director Terms and Conditions” means the terms and conditions
accepted by the Selected Funeral Director for your Funeral Plan which
incorporate the Guarantee;
“Funeral Plan” means the prepaid funeral services offered by us as part of the
50+ Funeral Plan and the terms on which they are to be provided as set out in
(1) the Application Form (2) these Terms and Conditions (3) the Brochure and
(4) the Funeral Director Terms and Conditions;
“Guarantee” means the guarantee to provide your funeral given by the
Selected Funeral Director contained in the Funeral Director Terms and
Conditions;
“Instalment Option” means the payment option defined in Section 2.1.2;
“Nominated Family Member” means a Family Member nominated by you
under Section 6.2;
“Representative” means your Representative (if any) as detailed on the
Application Form;
“Selected Funeral Director” means the funeral director selected by you or by
us under the Funeral Plan;
“Set Period” means the period of up to 120 months as agreed with you over
which we may accept payment of the Amount Payable by instalments where
the Instalment Option is chosen;
“SFASL” means Scottish Friendly Assurance Society Limited;
“Single Payment” means, where you are paying for your Funeral Plan by one
lump sum, the amount specified in the Application Form which will be used
to purchase the life assurance policy referred to in Section 3;
“Single Payment Option” means the payment option defined in Section 2.1.1;
“Third Party Costs” means those costs and fees to be paid by us or by the
Selected Funeral Director to third parties (ie anyone except us or the Selected
Funeral Director);
“Trust” means The Golden Charter Trust;
“we” or “us” means Golden Charter Limited, Crowndale House, 1 Ferdinand
Place, Camden, London NW1 8EE; and
“you” means the person whose funeral arrangements are to be provided for
under the Funeral Plan (whether purchased by you or by another person on
your behalf) unless you nominate a Family Member under Section 6.1.
SECTION 2 YOUR PAYMENT OPTIONS AND THEIR KEY FEATURES
2.1 You may choose three different payment options for your Funeral Plan:
2.1.1 the Single Payment Option where the Amount Payable is paid in a
Single Payment which will be used to purchase a life assurance policy on your
life (with us as beneficiary) as detailed in Section 3;
2.1.2 the Instalment Option where the Amount Payable is paid in
instalments over a Set Period and the instalments and Set Period are
confirmed as referred to in Section 4.4; or
2.1.3 the Fixed Monthly Option where your monthly payment will be used
to purchase a life assurance policy on your life (with us as beneficiary) as
detailed in Section 5.
2.2 You may choose the 50+ Base Plan version of the 50+ Funeral Plan which
can be paid using any of the above methods. No Third Party Costs are
covered. You agree that we and/or the Selected Funeral Director may incur all
appropriate Third Party Costs for your chosen funeral arrangements. Your
Estate must pay: (1) the amount of all Third Party Costs incurred in carrying
out your funeral arrangements; and (2) any Value Added Tax due. No one
else is responsible for such amounts. Where the 50+ Base Plan has been
chosen, all references to Third Party Costs must be read subject to this Section
2.2.
2.3 If you choose the Single Payment Option:
2.3.1 your payment will be used to purchase a life assurance policy on your
life with SFASL (See Section 3);
2.3.2 you must be under the age of 100 and a UK resident at the date of
application and there are no health restrictions; however if you are under the
age of 50 at the date of application, the Funeral Director’s Costs may be higher
than if you were aged over 50 and Section 8.1.8 applies;
2.3.3 your Funeral Plan becomes effective following our acceptance as set out
in Section11.2;
2.3.4 if your application is accepted and the Amount Payable has been paid we
will send you a personalised membership card and Certificate of Entitlement;
2.3.5 you do not have the right to nominate a Family Member to receive your
Funeral Plan benefits instead of you and Section 6 does not apply; and
2.3.6 Section 3 applies.
2.4 If you choose the Instalment Option:
2.4.1 your payments will be paid into the Trust (see Section 4);
2.4.2 there are no age or health restrictions; however if you are under the age
of 50 at the date of application, the Funeral Director’s Costs may be higher
than if you were aged over 50 and Section 8.1.8 applies;
2.4.3 your Funeral Plan becomes effective following our acceptance as set out
in Section 11.2 but the Amount Payable must have been paid before you will
get your Funeral Plan benefits (see Section 4.5);
2.4.4 a provisional membership card will be issued which will be replaced by
a membership card and a Certificate of Entitlement when the Amount Payable
has been paid;
2.4.5 you have the right to appoint a Family Member to receive your Funeral
Plan benefits instead of you (see Section 6); and
2.4.6 Section 4 applies.
2.5 If you choose the Fixed Monthly Option:
2.5.1 your payments will be used to purchase a life assurance policy on your
life with AXA Wealth Limited (see Section 5);
2.5.2 you must be between the ages of 50 and 80 and a UK resident at the
date of application and there are no health restrictions;
2.5.3 our acceptance procedure is set out in Section11.2;
2.5.4 a provisional membership card will be issued which will be replaced by
a membership card and a Certificate of Entitlement when Fixed Monthly
Payments have been made for a period of 2 years;
2.5.5 other than in very limited circumstances you have no right to any
repayment on cancellation (see Section10.2);
2.5.6 your Funeral Plan only becomes fully effective after 2 years (see Section
5.5);
2.5.7 your Fixed Monthly Payments must be paid up to date before you will
get your Funeral Plan benefits (see Section 5.5);
2.5.8 you do not have the right to nominate a Family Member to receive your
Funeral Plan benefits instead of you and Section 6 does not apply; and
2.5.9 Section 5 applies.
2.6 Any person over the age of 16 (in Scotland) and over the age of 18 (in
England and Wales) with an insurable interest in your life can take out a
Funeral Plan for your benefit. Such a person will be your Representative.
2.7 For all payment options, the price of your Funeral Plan specified in the
Application Form includes our administration and marketing fees which are
deducted from that sum.
SECTION 3 APPLIES ONLY WHERE YOU HAVE CHOSEN THE SINGLE
PAYMENT OPTION
3.1 You may choose to pay for the Single Payment by an approved debit or
credit card with the completed Application Form. Alternatively Single
Payments may be paid by cheque made payable as specified in the
Application Form.
3.2 If the Single Payment Option is chosen, payments will be used by us to
buy a whole of life assurance policy on your life with SFASL. We will be the
beneficiary of that policy not you or your Estate. The proceeds of that policy
will belong to us to enable us to pay for your funeral services. SFASL will
administer and service the policy. SFASL are authorised and regulated by the
Financial Services Authority. However, all funeral services are arranged and
provided by us. We are a registered provider with the Funeral Planning
Authority and are not required to be authorised by the Financial Services
Authority.
3.3 You must notify us in writing of any change to your Funeral Plan
(including your address or funeral requirements), as soon as reasonably
possible after the change. A change to your Funeral Plan which is likely to
have a significant cost impact (such as increased transportation costs) may
result in the appointment by us of a new Selected Funeral Director and/or an
increase in the Funeral Director’s Costs and/or Third Party Costs. If, as a result
of such a change, the existing or new Selected Funeral Director reasonably
needs to increase the Funeral Director’s Costs, the allowance for Third Party
Costs or charge a Funeral Director Arrangement Fee, you must either pay
such additional sums within 30 days of our request or the Funeral Plan will be
cancelled and a refund made under Section10.1.
3.4 Prior to your funeral taking place your Estate must submit a full original
or certified copy of your death certificate to us.
SECTION 4 APPLIES ONLY WHERE YOU HAVE CHOSEN THE INSTALMENT
OPTION
4.1 You may choose to pay the Deposit by an approved debit or credit card
with the completed Application Form. Alternatively Deposits may be paid by
cheque made payable to the Trust.
4.2 You must notify us in writing of any change to your Funeral Plan
(including your address or funeral requirements), as soon as reasonably
possible after the change. A change to your Funeral Plan which is likely to
have a significant cost impact (such as increased transportation costs) may
result in the appointment by us of a new Selected Funeral Director and/or an
increase in the Funeral Director’s Costs and/or Third Party Costs. If, as a result
of such a change, the existing or new Selected Funeral Director reasonably
needs to increase the Funeral Director’s Costs, the allowance for Third Party
Costs or charge a Funeral Director Arrangement Fee, you must either pay
such additional sums to the Trust within 30 days of our request or the Funeral
Plan will be cancelled and a refund made under Section10.1.
4.3 All sums received from you in respect of your Funeral Plan will be paid
directly to the Trust without deduction. The Trust has authorised payments
from the Trust’s funds:
4.3.1 to us in order to pay the Selected Funeral Director at the time of your funeral
or prior to that time in respect of any Funeral Director Arrangement Fee;
4.3.2 in respect of refunds;
4.3.3 to us to meet our overheads and operating expenses at a level agreed
between us and the Trust and reviewed from time to time.
4.3.4 to us to pay Third Party Costs (unless you have chosen the 50+ Base
Plan).
4.4 Where we agree to accept payment of the Amount Payable by
instalments over a Set Period you agree to pay the Amount Payable in the
instalments and over the Set Period which we have agreed with you and will
confirm separately in writing.
4.5 If, at the date of your death or, where you exercise your rights under
Section 6.1 the date of your Nominated Family Member’s death, any
instalment is in arrears or any part of the Amount Payable remains unpaid
the Funeral Plan benefits will still be available but only if any balance of the
Amount Payable outstanding is paid by your or your Nominated Family
Member’s Estate. If the outstanding balance is not paid the Funeral Plan will
be cancelled and a refund made under Section10.1.
4.6 You are entitled to make early settlement of the Amount Payable. To
make early settlement you must pay the balance of the Amount Payable then
unpaid.
SECTION 5 APPLIES ONLY WHERE YOU HAVE CHOSEN THE FIXED
MONTHLY OPTION
5.1 If the Fixed Monthly Option is chosen, payments will be used by us to buy
a whole of life assurance policy on your life with AXA Wealth Limited. We will
be the beneficiary of that policy not you or your Estate. The proceeds of that
policy will belong to us to enable us to pay for your funeral services. You (or
any person taking out the Funeral Plan for your benefit) will need to complete
a Direct Debit instruction in favour of AXA Wealth Services Limited who will
collect the monthly payments. AXA Wealth Limited and AXA Wealth Services
Limited are authorised and regulated by the Financial Services Authority.
However, all funeral services are arranged and provided by us. We are not
authorised or regulated by the Financial Services Authority but we are a
registered provider with the Funeral Planning Authority. This means that you
will benefit from any applicable protections available through the Funeral
Planning Authority’s regulations but not those available under the Financial
Service Authority’s regulations.
5.2 Any change to your Funeral Plan (including your address or funeral
requirements) which is likely to have a significant cost impact may require a
change of Selected Funeral Director. If so, the Guarantee given by the original
Selected Funeral Director will lapse. A new Selected Funeral Director will be
allocated by us and while reasonable efforts will be made by us to obtain a
Guarantee from the new Selected Funeral Director, the new Selected Funeral
Director may require additional sums at the time of your funeral to
accommodate your wishes in line with your Funeral Plan. You 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 life assurance policy referred to in
Section 5.1 as a contribution towards your funeral costs. Your monthly
payments will not change in any way and your Estate must make a separate
payment for any additional costs and/or Third Party Costs to the new Selected
Funeral Director at the time of the funeral.
5.3 Except as stated in Section 5.2 you will be unable to modify or amend
any of the arrangements in your Funeral Plan before the funeral. Any
proposed changes or additions made to such arrangements at the time of
your funeral must be agreed separately with the Selected Funeral Director
with additional payment for any amended or additional services or items
made (without our involvement) direct to the Selected Funeral Director.
5.4 The Fixed Monthly Payments will be fixed and cannot be altered. The
amount of the Fixed Monthly Payment is determined by the Funeral Plan
chosen by you, any personalisation options included within your Funeral Plan
and your age. The Fixed Monthly Payment will be confirmed in writing once
your application has been received and processed. The first payment will be
taken 6 to 7 weeks after the start date of your Funeral Plan which is the date
on which we accept your application (see Section11.2). You must keep paying
them until the anniversary of the start date prior to your 90th birthday, or until
your death, if sooner, when payments stop. If any Fixed Monthly Payments
are not made on the due date(s), you will be advised of this and we will allow
30 days of grace during which time you can pay the outstanding payments
and the Funeral Plan will be unaffected. If the outstanding Fixed Monthly
Payment(s) are not received within 30 days you will be sent a reminder. If the
outstanding Fixed Monthly Payments are still not paid, then the Funeral Plan
will be cancelled and you will not get any money back.
5.5 If your date of death is more than 2 years from your Funeral Plan’s start
date, any outstanding Fixed Monthly Payments (maximum 1 month) must be
paid prior to receipt of the Funeral Plan benefits. If your 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, we 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 your funeral costs (with
your Estate 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 your Estate, pay that sum to it.
SECTION 6 YOUR RIGHT TO NOMINATE A FAMILY MEMBER TO RECEIVE
YOUR FUNERAL PLAN BENEFITS
6.1 Where you choose the Instalment Option your Funeral Plan is available
primarily for you but if a Family Member dies before you, then you have the
option to transfer the benefit of the funeral arrangements under your Funeral
Plan to that Family Member. A change of any arrangements within the Funeral
Plan (including address or funeral requirements) following such a transfer may
result in the appointment by us of a new Selected Funeral Director and/or
additional sums being due by you due to increases in either or both of the
Funeral Director’s Costs and/or Third Party Costs. If the existing or new
Selected Funeral Director wishes to increase any of the Funeral Director’s
Costs or the allowance for Third Party Costs or charge a Funeral Director
Arrangement Fee, you (or your Nominated Family Member’s Estate) must
either pay such additional sums as we notify to you or your transfer will lapse
and the benefit of the funeral arrangements under the Funeral Plan will stay
with you as detailed in Section 6.2.
6.2 Your Funeral Plan is for the funeral arrangements of one person only
whether that is you or your Nominated Family Member. If there is a change
of Selected Funeral Director or the arrangements within your Funeral Plan as
a result of you nominating a Family Member under Section 6.1 and any
additional sums required are not paid, your Funeral Plan will not be cancelled
and the benefit of it will instead automatically stay with you in line with the
arrangements originally agreed.
6.3 In the event of any dispute arising following your nomination of a Family
Member under Section 6.1, the benefit of the funeral arrangements under your
Funeral Plan will, at our option, stay with you and the funeral arrangements of
the Nominated Family Member will not be carried out. We will not be
responsible for the resolution of any such dispute.
SECTION 7 WHAT IS COVERED BY YOUR FUNERAL PLAN?
7 Unless you have chosen the 50+ Base Plan version of your Funeral Plan
and subject to the exceptions set out in Sections 5 and 8, your Funeral Plan will
include:
7.1 all the Funeral Director’s Costs; and
7.2 any allowance for Third Party Costs but only at the level specified in the
Application Form.
If you have chosen the 50+ Base Plan only the Funeral Director’s Costs will be
paid for.
SECTION 8 WHAT IS NOT COVERED BY YOUR FUNERAL PLAN?
8.1 Your Funeral Plan will require you or your Estate (or your Nominated
Family Member’s Estate where Section 6.1 applies) to pay additional sums as
follows:
8.1.1 where there has been a change to your Funeral Plan and Sections 3.3, 4.2
or 5.2 apply, the amount required under these Sections;
8.1.2 any difference between the allowance for Third Party Costs specified in
the Application Form and the actual amount (if greater) of Third Party Costs
incurred by us or the Selected Funeral Director at the time of your funeral;
8.1.3 where you nominate a Family Member to receive the benefits of your
Funeral Plan, any sums due under Section 6.1;
8.1.4 any additional amounts required to be paid under Section 9.2;
8.1.5 all Third Party Costs where the 50+ Base Plan option has been chosen;
8.1.6 any Value Added Tax due under Section 11.4;
8.1.7 any sum due under Section 4.5 where the Amount Payable has not been
fully paid or any arrears of Fixed Monthly Payments under Section 5.4; and
8.1.8 any sum due under Section 2.3.2 or 2.3.3 if you are under the age of 50
at the date of application, the amount of such sum will be advised to you and
may be requested and become payable at any time after we accept your
Funeral Plan.
8.2 Your Estate (or your Nominated Family Member’s Estate where Section
6.1 applies) must, to enable the Selected Funeral Director to carry out your
(or your Nominated Family Member’s) funeral arrangements, pay to us or to
our order the additional sums referred to in this Section 8. Neither the Trust
nor us nor the Selected Funeral Director nor (where the Single Payment
Option is chosen) SFASL nor (where the Fixed Monthly Option is chosen)
AXA Wealth Limited nor AXA Wealth Services Limited (as appropriate) will
be responsible for those sums.
SECTION 9 SELECTED FUNERAL DIRECTOR AND YOUR FUNERAL
ARRANGEMENTS
9.1 We will appoint the Selected Funeral Director as our sub contractor to
carry out your funeral arrangements (or any Nominated Family Member’s
funeral arrangements where Section 6.1 applies) and will, subject to Sections
5.2, 5.5 and 8 have the Selected Funeral Director provide the Guarantee. We
will use reasonable efforts to ensure that the highest quality of service is
provided by the Selected Funeral Director.
9.2 Where you have chosen the Single Payment Option or the Instalment
Option (but not where you have chosen the Fixed Monthly Option) you may
at any time prior to your death, by giving us written notice, request the
appointment of a different Selected Funeral Director. We will use reasonable
efforts to comply with your request. If such a change is reasonably capable
of being made and is made by us, we will notify you. A change of Selected
Funeral Director may result in additional sums being payable by you at the
time of change due to differences in either or both of the Funeral Director’s
Costs of the new Selected Funeral Director and/or the Third Party Costs
expected to be incurred by the new Selected Funeral Director. If the new
Selected Funeral Director wishes to increase either or both of the Funeral
Director’s Costs or allowance for Third Party Costs or charge a Funeral Director
Arrangement Fee, you must either pay such additional sums as we may notify
in writing within 30 days of such notification or the Funeral Plan will be
cancelled and a refund made under Section 10. We will have no liability to you
if such a change is not reasonably capable of being made and is not made. If
the appointment of a different Selected Funeral Director is not possible or
reasonably practicable for any reason or if you do not pay any additional sums
required, your Funeral Plan will be cancelled and a refund will be available
under Section 10.
9.3 We have the right to appoint a Selected Funeral Director if you do not
appoint one, or when there is no Selected Funeral Director appointed due to
the operation of Section9.2.
9.4 We will ensure that the Selected Funeral Director carries out your funeral
arrangements in accordance with your Funeral Plan or, in the event of failure
by the Selected Funeral Director, that an alternative Selected Funeral Director
chosen by us carries out the funeral arrangements in the same manner
(subject to Sections 5 and 8).
9.5 Our responsibility will only be for the performance of your funeral
arrangements (or your Nominated Family Member’s where Section 6.1
applies) as specified in the Funeral Plan. We will have no responsibility for any
additional services, items or costs unless we or the Selected Funeral Director
were responsible for organising or providing those items or services.
SECTION 10 YOUR RIGHT TO CANCEL AND GET A REFUND
SINGLE PAYMENT OPTION AND INSTALMENT OPTION ONLY
10.1 A refund of all sums paid will be made (in line with the Application Form)
if written notice of cancellation is received by us within 30 days of our written
acceptance. If written notice of cancellation is received after such 30 day
period, we will charge a cancellation fee of £199 and the Selected Funeral
Director will retain any Funeral Director Arrangement Fee. Those sums will
be deducted from the sums to be refunded.
FIXED MONTHLY OPTION ONLY
10.2 If you wish to cancel the Funeral Plan (1) within 30 days of our written
acceptance, you must send written notice to us and any payments made by
you or on your behalf will be refunded in full; or (2) after such 30 day period,
you must send written notice to us; there is no cash in value at any time and
no refund of any sums paid will be made. In both cases the Funeral Plan will
be cancelled.
ALL PAYMENT OPTIONS
10.3 No Funeral Plan may be cancelled after your death (or the death of your
Nominated Family Member where Section 6.1 applies) unless agreed in
writing by us with your (or your Nominated Family Member’s) Estate. If any
person wishes, after your death, to have your funeral arrangements carried
out by someone instead of the Selected Funeral Director, unless otherwise
agreed by us, they must pay for such funeral arrangements themselves.
SECTION 11 A GENERAL PROVISIONS WHICH APPLY REGARDLESS OF
PAYMENT OPTION CHOSEN
11.1 Instructions
We may act in accordance with the instructions of and communicate with
either you or your Representative (but not a Family Member unless he/she is
a Representative) on all matters relating to your Funeral Plan. References to
you will therefore include references to your Representative (instead of you)
where appropriate. However, in the event of any inconsistency between
instructions given by you (including any person legally authorised to deal with
your affairs) and by your Representative in relation to the Funeral Plan we will
give priority to your instructions (or any such legally authorised persons).
11.2 Acceptance
Within 30 days of receipt of a completed Application Form, we will notify you
of our acceptance or rejection of the application. Applications will be rejected
where our requirements for applications as specified in the Application Form
have not been complied with or it is not completed correctly. No contract
exists between us until we have notified you of our acceptance. No contract
will exist or be enforceable between us and any Family Member or Nominated
Family Member.
11.3 Applicable Law
English law applies to your Funeral Plan unless you live in Scotland where
Scots law will apply instead.
11.4 VAT
On the basis of current legislation, no Value Added Tax has been added to
any of the sums payable under your Funeral Plan. If VAT legislation or HM
Revenue & Customs’ practice or interpretation of VAT legislation changes, we
may add Value Added Tax to any relevant sum which shall then be payable by
you or your Estate.
11.5 Complaints
If you are not satisfied with any aspect of your Funeral Plan, you should in
the first instance contact us.
Call our Head Office freephone number: 0800 833 800
Or write to us at our Head Office:
Canniesburn Gate
10 Canniesburn Drive
Bearsden
Glasgow G61 1BF
Or email: customerservices@goldencharter.co.uk
We will respond to your complaint in writing within 7 days of receipt.
If we cannot resolve your complaint to your entire satisfaction then you should
contact:
The Funeral Planning Authority Limited
Registered Office
50 Broadway
London SW1H 0BL
Tel: 0845 601 9619
Email: info@funeralplanningauthority.co.uk
FUNERAL DIRECTOR TERMS & CONDITIONS (2013)
50+ FUNERAL PLANS - SFS AND AXA
1 The Selected Funeral Director accepts the terms of the Guarantee
specified in this Clause 1 which will be enforceable against the Selected Funeral
Director by any and all of us, the person whose funeral arrangements are to be
provided under the Funeral Plan (“the Beneficiary” which term includes the
person whom the Funeral Plan was originally intended to benefit and (as
appropriate) any Nominated Family Member) and his/her Estate in its/his/her
own respective name(s). Subject to Section 8 of the Terms and Conditions, the
Selected Funeral Director guarantees to (i) carry out the funeral of the
Beneficiary in terms of the Funeral Plan and (ii) not charge the Beneficiary or
the Estate any additional sums for doing so.
2 Subject to such Section 8, the Selected Funeral Director undertakes that
it will carry out the funeral arrangements of the Beneficiary in accordance with
the Funeral Plan and the Terms and Conditions, will do so to the highest quality
standards and will comply with such procedures as may be intimated in
writing by us from time to time. The Selected Funeral Director hereby
undertakes to free, relieve and indemnify and keep indemnified us and the
Trust from and against all costs, claims, liabilities, losses or expenses (whether
from or due to the Beneficiary or his/her Estate or any other person) arising
from its failure to comply in any respect with these Funeral Director Terms and
Conditions.
3 Upon completion of the Beneficiary’s funeral arrangements the Selected
Funeral Director will be entitled to payment from us and should invoice us for
the sum we intimate for the relevant Funeral Plan as at the date of the
Beneficiary’s funeral. The Selected Funeral Director will have no recourse
against us or the Trust in the event that the sum so intimated by us is lower
than the relevant parts of the original Funeral Plan cost and will have no
recourse against the Beneficiary or his/her Estate except to the extent detailed
in Section 8 of the Terms and Conditions. The Selected Funeral Director will be
entitled to obtain reimbursement for any difference between any allowance
for Third Party Costs and (if higher) the actual level of such costs or, where the
50+ Base Plan has been chosen, the full amount of all Third Party Costs
incurred.
4 In the event of a change of Selected Funeral Director pursuant to the
Terms and Conditions, the existing Selected Funeral Director undertakes to cooperate
fully with us and the new Selected Funeral Director in the transfer of
the Funeral Plan for the benefit and peace of mind of the Beneficiary and
further agrees that we may provide all information we regard appropriate
regarding the Funeral Plan to the new Selected Funeral Director.
5.1 The terms “Data Controller”, “Data Processor” and “personal data” shall
have the meanings ascribed to them in the Data Protection Act 1998 (as
amended) (“DPA”). To the extent that the Selected Funeral Director processes
personal data of the Beneficiary or his/her Representative or Estate in
administering the Funeral Plan, we will be the Data Controller and the Selected
Funeral Director will be the Data Processor. Where the Selected Funeral
Director is the Data Processor it shall only process the personal data to the
extent necessary for administering the Funeral Plan and shall act only on our
instructions. The Selected Funeral Director shall not disclose any personal data
to a third party other than at our request and shall not correspond directly with
the Beneficiary or his/her Representative or Estate other than for the purposes
of administering the Funeral Plan.
5.2 The Selected Funeral Director shall (1) promptly comply with any request
from us requiring it to amend, transfer or delete the personal data and (2) make
us immediately aware of any change to such personal data to allow us to keep
our records accurate and up to date.
5.3 If the Selected Funeral Director receives any complaint, notice or
communication which relates directly or indirectly to the processing of the
personal data or to either party’s compliance with the DPA it shall immediately
notify us and it shall provide us with full-cooperation and assistance in relation
to any such complaint, notice or communication.
5.4 We are entitled, on giving at least 14 days’ notice to the Selected Funeral
Director, to inspect or appoint representatives to inspect all facilities,
equipment, documents and electronic data relating to the processing of
personal data by the Selected Funeral Director.
5.5 The Selected Funeral Director shall promptly inform us if any personal
data is lost or destroyed or becomes damaged, corrupted or unusable. The
Selected Funeral Director will restore such personal data at its own expense.
The Selected Funeral Director shall notify us immediately if it becomes aware
of any unauthorised or unlawful processing, loss of, damage to or destruction
of the personal data.
5.6 At our request, the Selected Funeral Director shall provide us with a copy
of all personal data relating to the Beneficiary in the format and on the media
reasonably specified by us.
5.7 The Selected Funeral Director warrants that it will process any personal
data in compliance with all applicable laws, enactments, regulations, orders,
standards and other similar instruments and it will take appropriate technical
and organisational measures against the unauthorised or unlawful processing
of personal data and against the accidental loss or destruction of, or damage
to, personal data to ensure our compliance with the seventh data protection
principle.
6 Definitions are contained in the 50+ Funeral Plans Terms & Conditions
(SFS Single Premium and AXA FMP) (“Terms and Conditions”) as current from
time to time