BM AMBULANCE GROUP LIMITED – TERMS AND CONDITIONS

BM Ambulance Group Limited

These Terms and Conditions are the standard terms for the provision of services by BM Ambulance Group Limited. a Private Limited Company whose registered office

BACKGROUND:

These Terms and Conditions are the standard terms for the provision of services by BM Ambulance Group Limited, a Private Limited Company whose registered office is at King Arthurs Court Maidstone Road, Charing, Ashford, Kent, England, TN27 0JS whose main trading address is The Granary, Leacon Farm, Westwell Leacon, Charing, Ashford, Kent. TN27 0EN.

1. Definitions and Interpretation
   1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, or other means.
2. 1. BM Ambulance Group Limited, a Private Limited Company whose registered office is at King Arthurs Court Maidstone Road, Charing, Ashford, Kent, England, TN27 0JS, whose main trading address is The Granary, Leacon Farm, Westwell Leacon, Charing, Ashford, Kent. TN27 0EN.
   1. Our VAT number is GB221145067.
   1. We are regulated by CQC, our latest certificate can be viewed on both their and our websites.
3. 1. These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you.  Before submitting an Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
   1. Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Our Quotation is classed as an invitation to treat which is not capable of acceptance by you. Your Order constitutes a contractual offer that We may, at our discretion, accept.
   1. A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation.  Order Confirmations will be provided in writing.
   1. We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
      1. The main characteristics of the Services;
      1. Our identity (set out above in Clause 2) and contact details (as set out below in Clause 12);
      1. The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
      1. The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
      1. Our complaints handling policy;
      1. Where applicable, details of after-sales services and commercial guarantees;
      1. The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;
4. Orders
   1. All Orders for Services made by you will be subject to these Terms and Conditions.
   1. You may change your Order at any time before We begin providing the Services by contacting Us.  Requests to change Orders need to be made in writing.
   1. If your Order is changed, We will inform you of any change to the Price in writing.
   1. 5 (including, but not limited to the Deposit), subject to sub-Clause 5.6, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation.  If you request that your Order be cancelled, you must confirm this in writing. If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 11.
   1. 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation.  Cancellations will be confirmed in writing.
5. 1. The Price of the Services will be that shown in Our Quotation provided at the time of your Order.  If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
   1. If We quote a Special Price which is different to the Price shown on Our current website, the Special Price is part of an advertised special offer, for the period shown in the advertisement.  Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
   1. Our Prices may change at any time but these changes will not affect Orders that We have already accepted.
   1. All Prices include VAT.  If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment in full from you.
   1. 4.4 and 4.5 if your Order is cancelled before the Services begin, or to Clause 11 if the Services are cancelled after they have begun.
   1. The balance of the Price will be payable on or before the Commencement Date and Time.
   1. Any additional costs such as tolls will be payable within 24 of presentation of an invoice detailing the same.
   1. We accept the following methods of payment:
      1. BACS/CHAPS;
      1. Credit/Debit Cards;
      1. Cash
   1. The provisions of sub-Clause 5.11 and 5.12  will not apply if you have promptly contacted Us to dispute an invoice in good faith.  No interest will accrue while such a dispute is ongoing.
6. Providing the Services
   1. As required by law, we will provide the Services with reasonable skill and care, with best practices and standards in first aid and patient transfer within the healthcare industry, and in accordance with any information provided by Us about the Services and about Us.
   1. Our Services are provided in addition to any expert medical advice required. Our advice should not be used as a substitute for professional advice from qualified Doctors, Nurses or Paramedics which will have primacy over any advice offered by our staff.
   1. We will begin providing the Services on the date confirmed in Our Order Confirmation.
   1. We will continue providing the Services for the duration as stated on the Quotation and confirmed on the Order Confirmation.
   1. We will make every reasonable effort to complete the Services on time (and in accordance with your Order).  We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please see Clause 9 for events outside of Our control.
   1.  
   1. If the information or action required of you under sub-Clause 6.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.  If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.
   1. If the Services are suspended under sub-Clauses 6.7 or 6.8, you will not be required to pay for them during the period of suspension.  You must, however, pay any invoices that you have already received from Us by their due date(s).
   1. If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due.  If this happens, We will inform you in writing.  This does not affect Our right to charge you interest under sub-Clause 5.11 and seek reimbursement of our costs under 5.12.
   1. We have a legal responsibility to our Staff, the Patient and geographically close parties under the Health and Safety at Work Act 1974 and other legislation. This legislation imposes obligations on us which we will adhere to at all times.
   1. This may include the need for rest breaks, crew rotation and substitution of assistance.
   1. In the event that a life-threatening event occurs during the delivery of the Services, we will convey the patient to the closest appropriate medical facility. Any costs incurred in this will be paid by you as being a reasonably incurred charge as per Clause 5.8, wherever possible you will make all endeavours to discharge this directly with the facility where it is incurred.
   1. In the event of that the Patient goes into Cardiac Arrest (heart stops) whilst on board our ambulance and on the express provision that there is not an DNACPR (Do Not Attempt Cardio Pulmonary Resuscitation), our staff will commence CPR and convey the patient to the nearest emergency hospital facility. We may choose to call in support from another ambulance. If there IS a valid DNACPR we will not commence CPR as per the doctors and patients wishes.
   1. In the sad event that the patient becomes deceased, our transport will cease, and we will in accordance with English law, convey the patient to the nearest hospital/mortuary facility. We are not permitted under English law to repatriate a deceased patient back to the United Kingdom, without all the official documentation being in place. Please be aware that in some countries this may take weeks to arrange. If this is the case, you will need to employ an undertaker to arrange a repatriation of the deceased person. We will not be responsible for any costs or expenses in relation to this. We will provide you with all assistance practicable as permitted under law.
   1. The acceptance of all transportation Services provided is made on the express condition that we are provided with full, accurate and correct information about the patient. If We are notified of changes to these details, such as condition, mobility, alertness, we do reserve the right to revise Our fees, or to reconsider the contract.
   1. If upon arrival at the collection of a patient, Our Staff in attendance consider the transport to be of a higher risk than stated at the time of booking or subsequent correspondence, we reserve the right to withdraw from the transport. In such circumstances, all reasonable effort shall be made to advise the contact name on the booking of the reasons for withdrawal. Should it be necessary at this stage to withdraw from the transport, full charges will apply for the resources provided and expenses incurred, and We accept no liability for any loss you may incur due to the termination of the transport in such circumstances.
7. Your obligations
   1. You agree to provide us unhindered access and egress to and from the property and to the patient. This may include sufficient access for our vehicles and those of our staff.
   1. You agree to ensure that  all and any medical personnel at the patient collection location are made aware of our staff and that there is a member of that medical personnel available to undertake a formal handover of the patient prior to the departure time.
   1. You agree that you will seek expert advice from fully qualified medical personnel which may include any Doctors, Nurses or Paramedics in respect of the patient. You will provide us with any such advice as we are being requested to adhere in within a reasonable period of it being obtained. You accept that any advice offered by Our staff is no substitute for this medical advice and you agree that no reliance will be placed upon the advice provided by our staff in respect of medical matters.
   1. You agree to ensure that  We are provided with all documentation, including but not limited to the original documents with certified translations, prescriptions and passports if travelling outside of Great Britain.
8. Problems with the Services and Your Legal Rights
   1. We always use reasonable efforts to ensure that Our provision of the Services is trouble-free.  If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible (you do not need to contact Us in writing).
   1. We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical. In emergency situations, such as those where vulnerable people may be affected, We will use reasonable efforts to remedy problems within 24 hours.
   1. We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault.  If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.6 will apply and We may charge you for remedial work.
   1. As a consumer, you have certain legal rights with respect to the purchase of services.  For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.  If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.  If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price.  If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.  In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.
9. Our Liability
   1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors).  Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
   1. We provide Services for domestic and private use (or purposes).  We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind (including resale).  By making your Order, you agree that you will not use the Services for such purposes.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
   1. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
   1. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
   1. Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.  For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
10. Events Outside of Our Control (Force Majeure)
    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    1. If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
       1. We will inform you as soon as is reasonably possible;
       1. Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
       1. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
       1. If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;
       1. If the event outside of Our control continues for more than 8 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 10.6.3 and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.
11. 1. If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 4.4.
    1. Once We have begun providing the Services, you are free to cancel the Services and the Contract at any time by giving Us 30 days’ written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation.  If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
    1. If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation.If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.  If you cancel because of Our breach under sub-Clause 10.3.1, you will not be required to make any payments to Us.  You will not be required to give 30 days’ notice in these circumstances:
       1. We have breached the Contract in any material way and have failed to remedy that breach within 21 calendar days of you asking Us to do so in writing; or
       1. We enter into liquidation or have an administrator or receiver appointed over Our assets; or
       1. We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 9.2.4); or
       1. We change these Terms and Conditions to your material disadvantage.
    1. We may cancel your Order for the Services before the Services begin under sub-Clause 4.5.
    1. Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving you 5 days’ written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
    1. If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.  If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.  We will not be required to give 5 days’ notice in these circumstances:
       1. You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.10); or
       1. You have breached the Contract in any material way and have failed to remedy that breach within 21 days of Us asking you to do so in writing; or
       1. We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 9.2.5).
    1. For the purposes of this Clause 10 (and in particular, sub-Clauses 10.3.1 and 10.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 10.3.1 and Us under sub-Clause 10.6.2).  In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
12. 1. [email protected].
    1. 1. [email protected]; or
       1. Contact Us by pre-paid post at The Granary, Leacon Farm, Westwell Leacon, Charing, Ashford, Kent. TN27 0EN.
13. Complaints and Feedback
    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    1. All complaints are handled in accordance with Our complaints handling policy and procedure, available from us on request.
    1. If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in writing or email, addressed to the Ambulance Service Duty Manager at the address in Clause 12.2 in the first instance;
    1. If this does not resolve the issue to your satisfaction, you may escalate this to a Company Director at the same address.
14. How We Use Your Personal Information (Data Protection)
    1. All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and Your and the Patient’s rights thereunder.
    1. By providing us with data You are confirming you have the express consent (or implied consent where the patient is too ill to provide express consent) to disclose and provide that data to us. It is acknowledged that this may be categorised as sensitive personal data and will be handled as such.
    1. We will not disclose any information except the to the extent required to undertake the proper performance of our duties to relevant parties assisting us in the execution of the same.
    1. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of you and/or the patient’s rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from Our website. We will adhere to the Data Protection Legislation at all times.
15. Other Important Terms
    1. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions, save as where assigned pursuant to Clauses 15.1 and 15.2. The provisions of the Contracts (Rights of Third Parties) Act 1999 is hereby excluded.
    1. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.
    1. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
    1. This Agreement contains the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter
16. Governing Law and Jurisdiction
    1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    1. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence.  Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    1. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.King Arthurs Court Maidstone Road, Charing, Ashford, Kent, England, TN27 0JS

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