Terms & Conditions
SIMPLICITY CREMATIONS PREPAID FUNERAL PLAN PROVIDED BY DIGNITY PRE ARRANGEMENT LIMITED TERMS & CONDITIONS
The Simplicity Cremations Prepaid Funeral Plan (the ‘Plan’) provides the services set out in the ‘Lily’ plan and the ‘Rose’ Plan so long as you make all of the payments in accordance with the detail set out in your Plan schedule.
In these terms:
“Agreement” means the written agreement between us made up of the Application, the Funeral Plan Schedule, Funeral Plan Services Document, Key Features Summary and these Terms and Conditions;
“Application” means the Application form you have completed and either returned by post, submitted online via a website or portal or completed over the telephone;
“Funeral Personnel” means the relevant personnel we appoint to carry out your chosen funeral, the details of which are set out in the Funeral Plan Schedule;
“Funeral Plan Schedule” means the schedule setting out all the details of your Plan, which we will send to you once we have received your Application for the Plan;
“Funeral Plan Services Document” means the document setting out the details of the services which are guaranteed by the Plan, which we will send to you once we have received your Application for the Plan;
“Inflation” means a sustained increase in the general level of prices for goods and services measured as an annual percentage increase in line with the Retail Prices Index;
“Instalment Age Restriction” Means the maximum instalment term you can pay your plan over to ensure all payments have been completed by the time the eldest person named on the plan reaches their 80th Birthday. The Instalment Age Restriction applies to any term paid over more than 12 months;
“Instalment Charge” means the additional payment included in the price of any Plan where instalments are being paid over a term beyond 12 months;
“Key Features Summary” means the document summarising the key features and benefits and exclusions and limitations of the Funeral Plan to allow you to assess whether it meets your requirements;
“Personal Representative” means your Personal Representative(s) after your death, as defined by the Administration of Estates Act 1925;
“Plan” means the funeral Plan you have chosen, as governed by the Agreement;
“Planholder” means the person named in the Funeral Plan Schedule whose funeral is covered by this Plan;
“Price Guarantee” means the price guarantee in respect of the charges of our funeral personnel or any cremation funeral costs indicated as guaranteed in the Agreement;
“Trust” means the Trust described in more detail in the “Care of your Money” section below;
“we” or “us” or “our” refer to Dignity Pre Arrangement Limited and our details are set out below; and
“you” or “your” or “applicant” means the person applying for the Plan.
Do you qualify for this Plan?
This Plan is available to Planholder’s who are aged 50 or over at the date of Application.
The Instalment Age Restriction means, at the point of applying for the funeral plan the age of the eldest person named on the plan could reduce the range of instalment options available.
This Plan covers the cost of certain funerals provided they are conducted in mainland Great Britain. The funeral must be conducted in the area mentioned above. The Plan does not cover the costs of repatriation.
As the purchaser of this Plan, the rights and benefits set out in this Agreement accrue to you and you are responsible for making payments to us in accordance with this Agreement.
If you have named a different person as the Planholder on the Application, the rights and benefits set out in the Agreement will nevertheless accrue to you and not to the Planholder.
What the Plan covers
What Your Plan Includes
Subject to these Terms and Conditions, and as set out below, details of the services guaranteed by your Plan are set out in the Funeral Plan Services Document.
Once you have fully paid the amounts set out in the Plan, we promise to cover these goods and services at no further charge to your Personal Representative. This Price Guarantee only applies to the services set out in the ‘What the Plan Covers’ section.
Your Plan covers the services of Dignity Funeral Personnel to provide the goods and services described in your Agreement after receipt by us of the Application. If any of the goods or services, which are to be directly provided by the Funeral Personnel, are not available at the time of the funeral we will provide an alternative of at least equal quality and value at no further charge.
If your Personal Representative does not agree to the alternative arrangements, we may cancel the Plan and refund to your estate any monies due less a £95 cancellation fee.
We will appoint the Funeral Personnel to carry out your chosen funeral.
Change of Address
The Plan provides for your cremation to be carried out by our Funeral Personnel. You must notify us at the address shown at the end of this document of any permanent change of address.
The price you have paid for your Plan will cover the cremation fee charged by the crematorium. This will be a Dignity owned crematorium.
What the Plan does not cover
The Plan includes the services described in the Funeral Plan Services Document, which forms part of the Agreement. Please be aware that the plan does not include any kind of service, procession or admittance of mourners.
The cost for other services may include;
- cremation at the time of your choosing
- Any fees payable to doctors or a coroner for the issue of death or cremation medical certificates, or coroners certificates will not be included in your Plan and if they are charged for they will need to be paid for separately at the time of the funeral
Save in respect of any service specified as paid for in the Agreement we may charge reasonable extra amounts for the following requirements:
- the removal of mechanisms such as pacemakers (which must be removed before a cremation);
- any doctors or coroners fees that we are asked to pay on your behalf;
- any adjustments to prices that reflect the additional cost to us of any change in regulations, tax, laws or generally accepted practice, and affect the conduct of the funeral.
Repatriation and Transport
This Plan does not cover the costs of repatriation from outside mainland Great Britain.
Care Of Your Money
All payments you make are passed to the Royal Exchange Trust Company Limited as custodian trustee of the National Funeral Trust (the “Trust”) to be held in accordance with the Trust deed of the Trust. Royal Exchange Trust Company Limited is part of Link Group.
Payments are made out of the Trust to us for funerals when they are performed, and for the cost of offering, selling and administering the Plans, and for refunds to Plan purchasers.
If you choose to pay for your Simplicity Cremations Funeral Plan by instalments the following rules will apply:
For instalments of more than 12 months
Where instalments are being paid over a term beyond 12 months an Instalment Charge is required because the Trust does not have all the money to invest at the Plans inception.
The Instalment Age Restriction means, that for an instalment term of more than 12 months, all payments must have been completed by the time the eldest person named on the plan reaches their 80th Birthday.
If the Planholder dies before all of the instalment payments for the Plan have been paid
We will provide the service in accordance with this Agreement. However, your Personal Representative will be responsible for paying the outstanding instalments due.
The outstanding instalments must be paid for in full before the funeral takes place.
If you fail to pay all of your instalment payments
If any instalment is not paid within 60 days of its due date, the Price Guarantee in your Plan will lapse. However, provided that the Plan has not been cancelled, your Personal Representative may request, and we may agree, to arrange for the funeral to be carried out. The cost of the funeral will then be charged at the Simplicity Cremations current market rate and we will credit any instalment payments already made towards the cost of the funeral.
For these purposes the value of the payments made will be increased annually in line with Inflation, from the date on which the Price Guarantee has lapsed to the date of the funeral. Your Personal Representative will be liable to pay the difference between the amounts paid (subject to Inflation) and any outstanding amount to Simplicity Cremations.
If any instalment is not paid within 60 days of its due date and the Plan has not been cancelled, you may reinstate the Plan by restarting payment. However, the total amount payable for the Plan will be increased to the then current price of the Plan you have chosen. We will take account of payments already received, increased by Inflation from the date the Plan lapsed, and we will adjust future instalments accordingly.
You have 30 days from the date you receive your Agreement to decide that the arrangements you have made meet your requirements and that you do not wish to cancel your Plan. If you do decide to cancel your Plan, you must:
- notify us by completing and returning the cancellation form entitled “Notice of the Right to Cancel” which wil be included with the documents that make up your Agreement or
- otherwise notify us in writing, by telephone or by email;
Simplicity Cremations Funeral Plans,
4 King Edwards Court
King Edwards Square
West Midlands B73 6AP
0800 484 05310800 484 0531
Any notification of cancellation should specify all of the following details: (i) the Plan number; (ii) the full name and address of the Planholder (iii) the Planholders date of birth; and (iv) a telephone number and/or email address for contact purposes should there be any issue with the cancellation. There will be additional security questions where the Plan is cancelled by telephone or by e-mail.
Provided we receive such notification within 30 days of entering into the Agreement, we will refund all the money you have paid within 14 days of us receiving notification of cancellation.
If you wish to cancel your Plan after the Cancellation Period, we will refund any money you have paid, less a cancellation fee of £95, within 14 days of us receiving notification of cancellation. In the event that the Plan is not used and cancellation is requested after the death of the Planholder we may require additional information from the person cancelling the Plan before we can complete the cancellation.
Any refund will be made to the person who originally paid for the Plan or to the Planholder’s estate.
We may cancel your Plan by giving notice to you if:
- an instalment remains unpaid more than 60 days after it is due;
- a funeral director is appointed independently by you who is who is not part of Simplicity Cremations approved network
- the funeral is to be conducted outside mainland Great Britain; or
- the funeral cannot be performed because of circumstances outside our control (for example war, terrorism, or riot).
If we cancel the Plan, we will refund any money you have paid, less the £95 cancellation fee, and we will have no further obligations to provide the benefits set out in the Plan. The Plan is designed to cover funeral costs and is not an investment product, and we will not pay interest on money refunded.
Value Added Tax (“VAT”)
VAT is not currently charged on a funeral service. However, if VAT or any other form of tax becomes chargeable on a funeral service or part of it in the future, you or your Personal Representative must pay the VAT or additional tax at the time of the funeral.
Once we have confirmed your Application for the Plan,
the following documents all make up the Agreement:
• your Application
• the Funeral Plan Schedule
• the Funeral Plan Services Document
• the Key Features Summary
• these Terms and Conditions
Please keep these documents in a safe place for the attention of your Personal Representative. You are advised to discuss your funeral arrangements with the person who will be your Personal Representative.
These documents together make up the Agreement concerning your funeral arrangements. Anything which is not documented in writing in the Agreement will not be effective. If there is any ambiguity between the documents, the terms set out in this document take precedence over the others. English law shall apply to this Agreement. If anything in this Agreement is invalid or unenforceable, then this Agreement will be interpreted as if that part were modified or deleted to make it valid and enforceable, and the rest shall remain in force.
If we fail to exercise or delay in enforcing our rights (such as our right to cancel the Plan in the event of unpaid instalments), such failure or delay will not restrict our rights to do so, and a waiver of any such rights or of any breach of any term will not be deemed to be a waiver of any other right or any later breach.
You may propose a change to the Plan, but no change will take effect unless it is agreed in writing. If you wish to change your Plan then this will take effect through a new Agreement. Please call Simplicity Cremations on 0800 484 0531 if you wish to change the terms of your Plan.
The Agreement is personal to you and may not be assigned (transferred) or made the subject of any trust, mortgage or charge given as security for any obligation to any third party. Only you or your Personal Representative is entitled to claim the rights or benefits set out in this Agreement. Otherwise, no other person (including the Planholder or their Personal Representatives) has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This does not affect any other rights these people may have. These Terms and Conditions apply to all Plans entered into from 16/10/2017.
How to make a complaint
We make every effort to excel in the service we provide. However, if you feel we have not met your expectations, please contact our Client Liaison Officer who will acknowledge your complaint within 2 working days and will do their utmost to ensure any complaint is dealt with as quickly and efficiently as possible.
Contact details are as follows:
Client Liaison Officer,
4 King Edwards Court
King Edwards Square
West Midlands B73 6AP
0800 484 05310800 484 0531
If you are dissatisfied with the response from us you can take the matter further. Dignity Pre Arrangement Limited is registered with the Funeral Planning Authority (FPA), an independent organisation whose Code of Practice we follow.
The FPA can be contacted by;
- Telephone: 0845 601 9619 (Calls to this number cost 5p a minute plus your phone company’s access charge)
- E-Mail: firstname.lastname@example.org
- Web: http://www.funeralplanningauthority.com
You also have access to an Online Dispute Resolution (ODR) platform which is provided by the European Commission. It allows consumers to submit complaints through the site and the complaint will then be allocated to an approved and appropriate Alternative Dispute Resolution (ADR). For more information on this service visit http://ec.europa.eu/consumers/odr.
The Funeral Planning Authority when handling complaints uses one of the approved Alternative Dispute Resolution providers and you can gain access to them by using the FPA contact details provided above.
The Direct Debit Guarantee
- This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits.
- If there are any changes to the amount, date or frequency of your Direct Debit, Link Corporate Trustees (UK) Limited Re National Funeral Trust will notify you 10 working days in advance of your account being debited or as otherwise agreed. If you request Link Corporate Trustees (UK) Limited Re National Funeral Trust to collect a payment, confirmation of the amount and date will be given to you at the time of the request.
- If an error is made in the payment of your Direct Debit, by Link Corporate Trustees (UK) Limited Re National Funeral Trust or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society.
- If you receive a refund you are not entitled to you must pay it back when Link Corporate Trustees (UK) Limited Re National Funeral Trust asks you to.
- You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify us.