Simplicity Cremations Prepaid Funeral Plan Provided by Dignity Pre Arrangement Limited Terms and Conditions
The Simplicity Cremations Prepaid Funeral Plan (the ‘Plan’) provides the services set out in the Plan so long as you make all of the payments in accordance with the detail set out in the 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 provided under 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 Simplicity Cremations Prepaid Funeral Plan you have chosen, to which the Application relates, and which provides the funeral services set out in the “Lily Plan”, “Magnolia Plan” or “Orchid Plan” as governed by the Agreement (and the arrangements covered by each plan shall be as detailed in the latest version of the relevant plan description document in circulation as at the date of the Agreement);
“Planholder” means the person named in the Funeral Plan Schedule whose funeral is covered by this Plan;
“Price Guarantee” has the meaning given to it in the “What the Plan Covers” section of these Terms and Conditions;
“Trust” means the National Funeral Trust; and
“we” or “us” or “our” refer to Dignity Pre Arrangement Limited and our details are set out in the “How to Contact Us” section of these terms and conditions; and
“you” or “your” or “applicant” means the person applying for the Plan.
Unless you are otherwise advised in writing by Simplicity, the 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.
The funeral provided by the Plan must be conducted in mainland Great Britain. The Plan does not cover the costs of repatriation.
As the purchaser of the Plan, the rights and benefits set out in the Agreement accrue to you and you are responsible for making payments to us in accordance with the 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 Your Plan Includes
Subject to these Terms and Conditions, and as set out below, details of the services provided under the Plan are set out in the Funeral Plan Services Document.
Once you have fully paid the amounts set out in the Plan, we will cover these goods and services at no further charge to the Personal Representative. This is known as the “Price Guarantee” which applies to the services set out in the ‘What the Plan Covers’ section.
The Plan covers the services of our Funeral Personnel to provide the goods and services described in the 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 the Personal Representative does not agree to the alternative arrangements, we may cancel the Plan and refund to the Planholder’s estate any monies due less a £95 cancellation fee.
We will appoint the Funeral Personnel to carry out the 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 the Plan will cover the cremation fee charged by the crematorium. This will be crematorium owned and selected by us in accordance to the resting place of the deceased.
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 embalming, any kind of service, or a procession with a hearse and limousines. Floral tributes, newspaper obituaries, service stationery and memorials are not covered by the Plan, if these are required these must be organised by the Personal Representative and 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 Doctor’s or Coroner’s fees that we are asked to pay on your behalf for the issue of death or cremation medical certificates;
• 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
The 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 Trust to be held in accordance with the applicable trust deed. 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 the 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 Plan’s 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 the Agreement. However, the 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 the Plan will lapse. However, provided that the Plan has not been cancelled, the 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.
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. The 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 the Agreement to decide that the arrangements you have made meet your requirements and that you do not wish to cancel the Plan. If you do decide to cancel the Plan, you must:
Simplicity Cremations Funeral Plans, 4 King Edwards Court, King Edwards Square, Sutton Coldfield B73 6AP
0800 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 the Plan at any time after the stated 30 day Cancellation Period, we will refund all money you have paid, less a cancellation fee of £95, within 14 days of us receiving such 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 the 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 not part of our 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, riot or the occurrence of a pandemic or epidemic).
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 services set out in the Plan.
We may make any changes we deem reasonably necessary to the services that are provided under the Plan (including reducing or removing any part of the services or making any other alteration in the type of services provided), as a result of circumstances arising which are outside our control or outside the control of the Funeral Personnel (for example war, terrorism, riot or the occurrence of a pandemic or epidemic). To the extent that we make any such changes so that the services provided under the Plan are of reduced quality or capacity to the original services that would have been provided, we may (at our discretion) adjust the price of the Plan by an equitable amount, and in such case we will refund any such amount that you have already paid.
If the Personal Representative(s) do not agree to the alternative arrangements, we may cancel the Plan and refund to the Planholder’s estate any monies paid to date (taking into account any refund due), less a £95 cancellation fee.
Simplicity may in its sole discretion agree to waive the cancellation fee in certain circumstances, for example where the alternative arrangements are materially different to the services that would otherwise have been provided under 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 the Personal Representative. You are advised to discuss your funeral arrangements with the person who will be the Personal Representative.
These documents together make up the Agreement concerning the Planholder’s 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 these Terms and Conditions 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 by us. If you wish to change the type of plan then this will take effect through a new Agreement for a new plan. Please use the contact details set out in the “How to Contact Us” section in these circumstances.
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 the Personal Representative is entitled to claim the rights or benefits set out in the Agreement. The Funeral Personnel may also claim the rights or benefits set out in the Agreement. Otherwise, no other person (including the Planholder) 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 17/09/2020.
If you have any questions regarding the Plan, our contact details are:
• Address: Simplicity Cremations Funeral Plans, 4 King Edwards Court, King Edwards Square, Sutton Coldfield, West Midlands B73 6AP
• Telephone: 0800 484 0531
• Email: firstname.lastname@example.org
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 Relations Department 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.
Our Client Relations Department can be contacted as follows:
Client Relations Department, 4 King Edwards Court, King Edwards Square, Sutton Coldfield B73 6AP
0800 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;
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. You also have legal rights to dispute resolution via any other Alternative Dispute Resolution providers that might be specified under consumer protection laws from time to time.
Until 31st December 2020, if you have purchased the plan online 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 Provider (ADR). For more information on this service please visit http://ec.europa.eu/consumers/odr.