Terms and Conditions
Instructions for Next Of Kin or Executors When Death Occurs
When death occurs please contact via the 24 Hour Bereavement Helpline Number detailed, on the plan certificate/plan cards, you will be in touch with a professional who knows what to do - they will arrange and advise on any immediate steps to be taken.
Definitions
In these conditions the words listed below shall have the following meanings unless the context otherwise requires:
The Company means SPN Funeral Plans S.L. and its corporate bankers BBVA (who hold client payments) and nominated funeral directors.
Plan Holder means you or, where you are purchasing the Funeral Plan for the benefit of some other person, that other person.
Contract
No contract shall exist between you and the Company until this Agreement has been signed and dated on behalf of the Company to indicate its acceptance of the proposal. When this has been done, this will be the date of the Plan.
Upon acceptance the Company will issue you with plan acceptance documentation including a membership certificate and plan cards which will identify the Plan and provide an emergency telephone number in the event of the death of the Plan Holder.
Obligations of the Company
Upon payment for the Plan of the sum shown in the Agreement the Company will provide or procure the services stipulated in the Plan (when required) upon the following conditions and subject also to the exclusions and limitations. If any of the Services stipulated in the Plan are unavailable at the time of the funeral the Company will ensure that substitute services are provided which are as near as practicable equivalent to the services stated in the Plan.
Exclusions and Limitations
CREMATION:
For Plans which provide for cremation, no further charges for disbursements will be made except in any of the specific instances referred to below. Should any of these apply then additional charges will be due from you or your Personal Representatives (or other person who arranges the funeral) to the Funeral Director in accordance with their payment terms. These are as follows:-
if the crematorium at which the funeral occurs makes any additional charge for the provision of music (including, for example, an organist or choir) or any other services;
Any fee payable to a doctor to the extent that it exceeds the maximum amount recommended
The fee charged by the Minister of Religion or Officiant to the extent that it exceeds the maximum amount recommended.
BURIAL: For plans which provide for Burial The Company shall be responsible for provision of service as specified BUT the plan price excludes purchase of the Burial Plot or Nichio together with the on going rental of the plot. (Charges for disbursements shall apply as above in cremation).
The funeral service will be arranged at a time convenient to the Personal Representatives of the Plan Holder, subject to the availability of the Funeral Director. An additional charge will be due to the Funeral Director in accordance with their payment terms should the Plan Holder's Personal Representative (or other person who arranges the funeral) require the funeral to take place at a weekend or public holiday.
Change of Address
The Plan provides for the funeral to be conducted by the Nominated Funeral Director. If the Plan Holder changes their permanent address you must notify the Company whereupon the Company will have the right to nominate an appropriate alternative Funeral Director.
VAT
The Plan does not include VAT which is not at present charged on funerals However, if at the time of the Plan Holder's funeral VAT is payable on the funeral service or any part of it then any increased costs will be payable by you or your Personal Representatives (or other person arranging the funeral) to the Funeral Director.
Procedure on Death of Plan Holder
As soon as the Company has been informed of the death of the Plan Holder and been
Given such information as is necessary The Company will instruct The Funeral Director to
undertake the funeral in accordance with the Specified Plan and Options (if any), the Funeral
Director's charges will be settled by the company, in the case of provision of service in the UK a contribution will be made towards the costs, equivalent to the cost of interment in Portugal, but subject to application of the administration charge.
All arrangements for the funeral will be made direct between the Plan Holder's Personal
Representatives and the Funeral Director, and any additions to the specified plan will be
invoiced separately to the Plan Holders Personal Representative or the Plan Holders
Estate (by the Funeral Director), and paid for upon completion of service. For example with regards to the Beech Plan -
an additional Limousine on the day of the funeral, Obituary notice, additional days mortuary
charges, Ministers or church fees, Flowers are not included in this plan and therefore will be charged
for separately.
The same conditions will apply to the Cedar in that any additions made by the
family prior to the funeral which are not included in the plan benefits as specified on the Plan
Certificate will be charged for separately. The exception being where additions/changes to the
plan are made prior to death and paid for pre death.
Payment by Instalments
As an alternative to making a single payment you may if you wish pay by Instalments (Maximum period 36 months). If you have selected the Instalment Option your payments should be shown on the Payment Form.
If you choose to pay by instalments you are contractually bound to make them.
If any instalment is not paid on the stipulated date in the Payment form the Company reserves the right to cancel the Plan.
If the Plan has not been cancelled then in the event of the death of the Plan Holder before all the instalments are paid the Company will dependent on the plan taken out produce a final balance for settlement following provision of service.
Cancellation
Whether you are paying for the Plan by instalments or in a lump sum you or your Personal Representatives have the right to cancel the Plan upon giving to the Company written notice to this effect within 14 days after the Company has signed the Agreement and issued a membership certificate. All payments made to the date of termination will be repaid to you or you're Personal Representatives (without interest).
After the said 14 day period, you or your Personal Representatives may request the Company to refund the cost of the Plan (if paid for in full) whereupon the Company may in its absolute discretion refund the amount paid less an Administration Charge of 20%.
General
The Company is not liable for any acts or omissions of any Funeral Director appointed. The Company cannot be held responsible for the acts or omissions of the Funeral Director appointed unless the Company has been negligent in its appointment.
All sums received by the Company constitute a pre-payment towards the cost of the funeral described in the Plan in accordance with the provisions of these Terms and are deposited with BBVA into the funeral directors account (FDA) until requested for payment for provision of service by the nominated funeral director. Neither you nor (if different) the Plan Holder nor your respective Personal Representatives shall be entitled to any interest on or income from any part of the sum paid to the Company in connection with the Plan and any right which you or your Personal Representatives may have to any refund of sums paid are governed strictly by the terms of this Agreement. The Company shall have no further obligations to you, the Plan Holder (if different) or your respective Personal Representatives, whether financial or otherwise, save as expressly set out in these Terms.
You may not assign your rights and obligations under the Agreement.
Any notice or other information required or authorised by these Terms shall be given by hand or sent by first class pre-paid post to the other party at the address specified in the Agreement or to such other address as that party may notify the other in writing from time to time in accordance with this provision.
Administration Charge
The administration charge on all plans is equivalent to 20% of the overall cost of the funeral plan-or such lesser amount as the Company may specify from time to time, either in relation to any individual Plan or to its Plans generally. The administration charge shall be deducted from the contribution made for the provision of service in the UK.
Reg no. 508585309