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TERMS AND CONDITIONS FOR PROVISION OF HEALTH AND WELLBEING SERVICES

 

Parties
1) Montrose Health Group Limited, a company incorporated in England and Wales with company number 13974632 and having its registered office at Unit 8b Hathersage Park, Heather Lane, Hathersage, Hope Valley, United Kingdom, S32 1DP (‘we’, ‘us’, ‘our’, ‘Montrose’); and
2) The party identified as the purchaser of the services in the proposal (it is acknowledged that the recipient of the services may be a different person) (‘you’, ‘your’).

THIS AGREEMENT IS FOR THE PROVISION OF SERVICES BY ANY MONTROSE GROUP ENTITY INCLUDING BUT NOT LIMITED TO MONTROSE ADVISORY.  PLEASE SEE CLAUSE 3 OF THESE TERMS AND CONDITIONS THAT EXPLAIN YOUR CANCELLATION RIGHTS.

1    How our contract is formed 
1.1    When you request services from us, we will submit a written proposal that describes what services you have requested, together with the price. 
1.2    You should not commit to receive the services until you are satisfied with this contract and if you have any queries, please speak with our representatives by telephone (01433 350500), email (je@montrosehealthgroup.com) or at our corporate address above. If you need more information you can refer to our website at www.montrosehealthgroup.com. 
1.3    If you want to proceed with the services set out in the proposal (‘services’), please sign the proposal and these terms or notify us (either in writing or verbally).    
1.4    We will accept your order for the services when our representative confirms this to you by email. At this point a legally binding contract will be in place between you and us and these terms and conditions will apply (‘contract’). 
1.5    If you are entering into this contract on behalf of someone else, you are responsible for ensuring that they comply with the terms of this contract and the documentation referred to in it.


2    Information we give you
2.1    The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you the following key information before a legally binding contract between you and us is made. This is set out below and forms part of this contract.

Description of the services (Contained in the proposal)

Our identity and contact details (Detailed above)

Total price of the services (Contained in the proposal and in clause 7)

Payment, delivery and performance (Contained in these terms and conditions)

Complaints handling (Contained in these terms and conditions)

3    Right to cancel
3.1    You have the right to cancel this contract within 14 days of the contract being formed without giving any reason. The cancellation period will start on the day after we email you (as referred to in clause 1.4) and will end at midnight on day 14 unless day 14 falls on a weekend or a public holiday in England in which case it will end on the next working day (“Initial Cancellation Period”). 
3.2    You do not have the right to cancel if: 
3.2.1    the services have been fully performed (i.e. the services are complete) during Initial Cancellation Period; 
3.2.2    your arrival at the retreat is within the Initial Cancellation Period (“Arrival Date”). You acknowledge that if your Arrival Date is within the Initial Cancellation Period, you are requesting us to start providing the services during the Initial Cancellation Period; or 
3.2.3    your arrival at the retreat is after the Initial Cancellation Period but you request that we start providing services during the Initial Cancellation Period, including without limitation by booking specialists, treatments and/or accommodation or travel in anticipation of your arrival.  
3.3    To exercise any right to cancel, you must inform us by giving us a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this contract and you must send this before the end of the Initial Cancellation Period. 
3.4    You cannot cancel (and we will not make any refunds) after your Arrival Date. 
3.5    This does not affect your rights if services are of sub-standard quality. Please see clause 9.


4    Effects of cancellation during the Initial Cancellation Period
4.1    Subject to clause 4.2, if you cancel this contract during the Initial Cancellation Period and clause 3.2 does not apply, we will reimburse to you all payments received from you.
4.2    If you cancel the contract during the Initial Cancellation but we have started to provide services in anticipation of your arrival, including without limitation by booking specialists, treatments and/or accommodation or travel in anticipation of your arrival, your cancellation will be effective and we will reimburse to you all payments received from you less any amounts we need to retain to cover the costs of:
4.2.1    property rental costs (if applicable) charged to us by the property owner for the period of the services; 
4.2.2    the price charged to us by individuals who we have engaged to support the provision of the services; 
4.2.3    our administrative charges (of up to 50% of the total fee in the proposal (not including the property rental costs or third party charges)) that reflects both the attention given to creating the proposal and our organisation of the services; and
4.2.4    all other costs we have incurred for the services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the services performed up to that point in comparison with the full price under this contract.


5    Reimbursement after cancellation during the Initial Cancellation Period
5.1    We will pay any reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
5.2    We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.


6    Your privacy and personal information
6.1    Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
6.2    Our Privacy Policy is available at https://www.montroseretreats.com/privacy-policy.


7    Price and payment
7.1    The price for the services will be as set out in the proposal. Please contact us using the contact details at the top of this contract if you want any further information on your bill or have a query on it.
7.2    We will send you an invoice by email for the full amount of the price on or after the day this contract starts. We require full payment by bank transfer (to the bank details we will provide you with) within 2 days (when banks in the UK are open) following the date of this contract (or earlier if the Arrival Date is within 2 days of the date of this contract). 
7.3    If payment is not received by us in accordance with this clause 7: 
7.3.1    we may charge interest on any balance outstanding at the rate of 2% per year above the Bank of England’s base rate; and/or 
7.3.2    we may cancel this contract by notice in writing to you.
7.4    All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate.


8    Nature of the services
8.1    The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The services that we provide to you must be carried out with reasonable care and skill. In addition:
8.1.1    where the price has not been agreed upfront, the cost of the services must be reasonable; and
8.1.2    where no time period has been agreed upfront for the provision of the services, we must carry out the services within a reasonable time.
8.2    We are under a legal duty to supply you with services that are in conformity with this contract.
8.3    Note that, notwithstanding the above, the proposal sets out the price and agreed times for delivery of the services.


9    Quality of the services
9.1    The proposal will set out the services, which may include medical services, that we believe will best serve your requirements and you have agreed with our analysis. We can however give no guarantee that the services will resolve any issues that you may have. 
9.2    We are registered by the Care Quality Commission (“CQC”). At a minimum, our standards for the provision of medical services will comply with the CQC’s requirements. The CQC will from time to time assess our facilities and rate them based on its current assessment criteria. 
9.3    You acknowledge and agree that we may delegate the provision of some or all of the medical services to a third party. 
9.4    If you are unhappy with any part of the delivery of the services, please notify us within a reasonable time of becoming aware of the issue by contacting us using the details set out at the top of this contract.
9.5    You must comply with the terms of the guest covenant that is provided to you, as updated from time to time. This policy is in place to protect both our staff and our guests.  
9.6    Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.


10    End of the contract
10.1    We may end this contract in accordance with the terms of the guest covenant referred to in clause 9.5. If we end the contract in accordance with this clause, we will not be liable to you for any refunds. 
10.2    If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.


11    Limitation on our liability
11.1    Except for any legal responsibility that we cannot exclude or limit in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
11.1.1    losses that were not foreseeable to you and us when the contract was formed;
11.1.2    losses that were not caused by any breach on our part;
11.1.3    business losses; or
11.1.4    losses to non-consumers; or
11.1.5    losses of personal possessions, which at all times shall be your responsibility to ensure are safe and secure.


12    Changes to this contract 
We may change this contract at any time if required for legal or regulatory purposes. Any changes we make will form part of this contract. Where possible, we will contact you to let you know if we intend to make any such changes by giving you at least 1 weeks’ notice. 


13    Events beyond our control 
Our carrying out of the services might be affected by events beyond our reasonable control, including but not limited to staff shortages where suitable staff cannot be provided to match the requirements of the Services. If so, there might be a delay before we can start or restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to start or restart the services as soon as those events have been fixed. 

 

14    Third Party Rights
No one other than a party to this contract has any right to enforce any term of this contract.

 

15    Disputes
15.1    We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the services we have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this contract.
15.2    If you have a complaint, please make this to the owner of the business, Jonathan Edgeley, whose details are included in the proposal. 
15.3    If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.  
15.4    The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
15.5    Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

 

SIGNATURE PAGE
A full version of our Terms and Conditions in printed form can be found here. You will be required to sign them to confirm that you have reviewed and understood the proposal, and these terms and conditions, and are willing to enter into a contract.

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