In these conditions the words listed below shall have the following meanings unless the context otherwise requires: The Company means Iberian Funeral Plans and its corporate bankers BBVA/Santander Bank/Millenium Bank and HSBC (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. Funeral Plan is the product chosen (Beech, Cedar, Oak or Almond)
No contract shall exist between you and the Company until the plan application has been signed and dated on behalf of the Company to indicate its acceptance of the proposal, and the deposit paid. When this has been done, this will be the date of the Plan. Signing of our application form implies acceptance of our terms and conditions.
Obligations of the Company
Upon payment for the Plan of the sum shown in the Agreement the Company will provide or procure the services/benefits stipulated in the Plan (when required) upon the following conditions and subject also to the exclusions and limitations detailed below. If any of the Services/benefits stipulated in the Plan are unavailable at the time of the funeral the Company will ensure that substitute services/benefits are provided which are as near as practicable equivalent to the services stated in the Plan.
Exclusions and Limitations
The Funeral service (in Spain and Portugal) will be held within 24/72 hours and is a direct cremation (for a Beech Plan)at the funeral director’s discretion or if a Cedar Plan within the provisions of the plan
Instructions for Next of Kin or Executors When Death Occurs
When death occurs you must contact the 24-Hour Bereavement Helpline Number detailed, on the plan certificate/plan cards you have, you will be in touch with professional’s, Iberian Servicios Funerarias sl – (ISF) who will arrange the contracted funeral director and advise on any immediate steps to be taken.
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 Plan Holder uses or specifies an alternate Crematorium/Tanatorio or Funeral Director other than those of our contracted funeral director and contracted facilities and if the costs are greater than our contracted costs then the additional charges will be levied to the family. The fee charged by the Minister of Religion or Officiate to the extent that it exceeds the amount equating to the difference between a beech & cedar plan after deduction of mortuary days. The definition of a religious service will be defined as a “Committal Service” at the Crematorium/Tanatorio chapel in Spain, Portugal or the UK. Any legislative amendments, taxes, disbursement cost increases which may affect the price, and which are outside of the Companies control.
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 Niche together with the on-going rental of the niche/plot. (Charges for disbursements shall apply as above in cremation). The funeral service will be arranged in accordance with the specified plan or at a time convenient to the Personal Representatives of the Plan Holder, subject to the availability of the Funeral Director. An additional charge may be due to the Funeral Director in accordance with their payment terms should the Plan Holder’s Personal Representative (or another person who arranges the funeral) require the funeral to take place at a weekend or public holiday.
Change of Address/Funeral Director
The Plan provides for the funeral to be conducted by Our Contracted Funeral Director. If the Plan Holder nominates their own funeral director, then additional charges may be due and must be settled by the plan holder’s representative directly with their nominated choice of Funeral Director and all monies paid for the plan will constitute a contribution to the service subject to our administration fees and/or contracted costs for that area. 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.
Dual Certification is an option available at the clients request for Cedar Plan’s only and enables the plan holder to enjoy plan benefits (different from the plan value) in the UK. The plan value is for the provision of plan benefits in Spain and Portugal less the administration charge. The plan member must provide a secondary address/residence that is registered with the company. Should the plan holder relocate their permanent residence then they are subject to procedures on death of plan holder (below). It is the plan holder’s responsibility to notify the Company of this change of residential status to ensure transfer of benefits. There are certain changes to the plans with regards to provision of service in the UK and outside of Spain and Portugal. The Funeral costs and disbursements which are fully covered (as per the plan benefits) for plans carried out in Spain, Portugal and their offshore islands are not guaranteed in the UK, or outside of Spain and Portugal, but become a contribution to the funeral costs in the UK at the time of provision of service, calculated by cost of plan less our administration charges. Alternatively, with regards to client’s returning permanently to the UK the client has the option to upgrade to a UK plan. On return to the UK the plan holder will be issued with new UK documentation recording the change of residence and agreed amendments.
Payment by Instalments
As an alternative to making a single payment you may if you wish pay by Instalments (Maximum period 60 months). If you have selected the Instalment Option, your payments should be shown on the Application Form (together with method of payment) and our statement, and the payments constitute a deposit towards the cost of the selected plan. If regular payments are not made or received in accordance with the plan agreement or payment is not completed within the maximum period of 60 months the company reserves the right to apply interest at 8% per annum of the original plan price or cancel the plan at the Companies discretion. If the Plan has not been cancelled or completed, 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 or confirmation of proposal for payment of the final balance prior to provision of service, should settlement / confirmation not be advised to the company then the company has the right to cancel the service until such time as the balance is paid or confirmation received with regards to payment or make a contribution to costs. Any additional day’s mortuary fees or costs incurred from the funeral director will be charged to the estate. Those clients who elect to pay by Sterling/card will be managed by our UK partner Company, IFP- Iberian Ltd, and deposited with HSBC UK.
Procedure on Death of Plan Holder
ISF sl must be the first point of contact at the time of death, once the Company has been informed of the death of the Plan Holder, via our bereavement helpline number as specified on the cards provided, and been given such information as is necessary, together with confirmation that the plan member has been confirmed as deceased by a medical practioner and the appropriate certificate issued – The Contracted Funeral Directors will undertake the funeral in accordance with the Specified Plan Benefits. It is the customer’s Personal representative’s responsibility to phone the bereavement line number, they will be in contact with ISF. If this number is not contacted and an alternate funeral director contacted, additional costs may be incurred or service refused and a refund made of our contracted costs in that area. Only the documentation presented by the company or their representative should be signed (no other documents should be signed wherever death occurs should it be Hospital, Care Home or residential address). If you sign documents not presented by our funeral director, you are legally bound by that signature and no refund or payment towards the difference in costs will be paid by the Company. The contracted Funeral Director’s charges will be settled by the company in accordance with the plan benefits and plan value (subject to the stated administration costs) and in the case of provision of service in the UK, (unless the plan member has upgraded to a UK Plan) or outside of Spain and Portugal a contribution will be made towards the costs equivalent to the companies contracted cost of Cremation in Spain. All arrangements for the funeral will be made direct between the Plan Holder’s Personal Representatives and the Funeral Director, ISF will provide liason services and communicate with the funeral director on your behalf as necessary with regard to provision of plan benefits by its contracted funeral director, (subject to settlement of any outstanding balance on instalment plans). Any additions to the specified plan as listed on the plan certificate will be invoiced separately to the Plan Holders Personal Representative or the Plan Holders Estate (by the Funeral Director), for example – an additional Limousine on the day of the funeral, Obituary notice, additional days mortuary charges. Flowers are not included in this plan and therefore if required will be charged for separately by the funeral director. The exception being where any additions/changes to the plan are made prior to death and paid for pre-death.
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. All payments made to the date of termination will be repaid to you or your Personal Representatives (without interest). Any cancellation after this period will incur a Cancellation Fee/Administration Charge of 20% of the value of the plan at the time the plan was taken out. (Calculated by plan value less 20% administration fee less outstanding balance). Or if no notification of death is advised or a non-contracted funeral director is used then we will refund the equivalent of our contracted costs in that area.
The administration charge on all plans is included in the plan prices and is equivalent to 20% of the overall cost of the plan value.
The Company cannot be held responsible for the acts or omissions of the Funeral Director appointed. All sums received by the Company constitute a pre-payment/deposit towards the cost of the Plan selected in accordance with the provisions of these Terms and are deposited with Our Bankers, into the funeral directors account (FDA) until requested for payment for provision of service by the contracted 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 notified by posting on our web site giving you seven days prior notice when it becomes necessary or appropriate to do so in order for us to comply with legal, fiscal or regulatory requirements.
Date 1st June 2019
Reg/Cif IFP-Iberian Funeral Plans LDA 510037275 These terms and conditions are effective from 01.06.2019