Terms & Conditions
These Conditions set out the terms and conditions on which we will supply repatriation services to you. Please read these Conditions carefully before you accept a Quotation from us. These Conditions tell you who we are, how we will provide the Services to you, how you and we may change or end our Contract, what to do if there is a problem and other important information.
1. DEFINITIONS & Interpretation
The following definitions and rules of interpretation apply in these Conditions:
Accepted Quotation: has the meaning given in condition 3.4.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Business Hours: between 8:00am and 5:00pm on Business Days.
Charges: the total of the charges payable by you for the Services, being the sum of the Fee and any Third Party Costs, as set out in the Accepted Quotation and described further in condition 6.
Claim: has the meaning given in condition 10.1.
Commencement Date: the date of the Accepted Quotation.
Conditions: these terms and conditions.
Connected Person: any of Homeland International’s directors, employees or agents.
Consents: any licences, permissions and/or consents required in a relevant jurisdiction to be obtained by Homeland International in order to provide the Services including any Official Paperwork.
Consignment: the consignment of the deceased together with any materials, containers, coffins or other items required for the safe and agreed transportation of the deceased from the departing jurisdiction to the destination jurisdiction, as detailed in a Quotation.
Consumer: you, the consumer purchasing Services from Homeland International, whose details are set out in the Quotation.
Consumer Default: has the meaning set out in condition 5.2.
Contract: the contract between Homeland International and you for the supply of Services, including these Conditions and the Accepted Quotation.
Homeland International: Homeland International Limited, which is a company registered in England and Wales with company number 09790718 and whose registered address is Rampion House, Marchants Way, Burgess Hill, West Sussex, United Kingdom, RH15 8QY.
Fee: has the meaning given in condition 6.1(a).
Official Paperwork: any and all paperwork required for clearance of a Consignment from the departing jurisdiction to the destination jurisdiction, including (but not limited to), as appropriate, a Death Certificate, Freight Clearance, Area Free from Infection Certificate, No International Listed Disease’s Certificate, Embalming Certificate, Coroners Out of England Form Certificate (Register of Births, Deaths and Marriages), Embassy Approval, Coroners’ Investigation Report and Coffin Sealing Documentation.
Quotation: Homeland International’s quotation for the relevant Services (including applicable Charges) in accordance with condition 3.1.
Services: any services, including transportation arrangements, preparation and delivery of the Consignment and arranging Official Paperwork (as required), supplied by Homeland International to you, as set out in an Accepted Quotation.
Third Party Costs: has the meaning given in condition 6.1(b).
1.2.1 A reference to any law is a reference to it as amended or re-enacted and includes all subordinate laws made under it.
1.2.2 Any words following the terms including, include, in particular, for example or any similar expression, shall be illustrative and shall not limit the sense of the preceding words.
1.2.3 A reference to writing or written includes email.
2. DURATION OF THE CONTRACT
The Contract between us shall commence on the Commencement Date and shall continue, unless terminated earlier in accordance with condition 10, until Homeland International has provided the Services under any Accepted Quotation and you have paid all outstanding Charges due under the Contract.
3. ENTERING INTO A contract
3.1 The Quotation we provide to you shall clearly list what is included and excluded from the Services, the Charges and any Consents and/or Official Paperwork required in order for Homeland International to provide the relevant Services.
3.2 The Quotation constitutes an offer by Homeland International to provide Services to you in accordance with these Conditions and the information you have provided to us about the services you require. Should you find that any information in the Quotation provided by Homeland International is incorrect, please notify us as soon as possible so that we can revise and reissue the Quotation, if required.
3.3 Any Quotation given by Homeland International for the Fee shall only be valid and open for acceptance by you for a period of twenty (20) Business Days from the date of issue.
3.4 The Quotation shall only be deemed to be accepted when Homeland International receives: (i) written acceptance of the Quotation from you in the form of the “Request to start performing the Services” form set out at the end of these Conditions; and (ii) payment of the Charges in accordance with condition 6, at which point and on which date the Quotation will be deemed to be an Accepted Quotation.
3.5 Homeland International may amend or withdraw the Quotation at any time prior to it being accepted and deemed to be an Accepted Quotation.
3.6 The Accepted Quotation and these Conditions form the Contract between us and no amendment shall be made to a Contract except in accordance with condition 6.1(b)(Third Party Costs), condition 6.2 (Fee Variation) or condition 14.3(Variation).
3.7 Homeland International shall provide the relevant Services from the date specified in the relevant Accepted Quotation until such time as the relevant Services are completed in accordance with these Conditions. Under this condition, the term completed shall be the completion by Homeland International of the relevant Services under an Accepted Quotation, evidenced by a form of receipt and acceptance of the Consignment for repatriation from the departure airport.
4. OUR OBLIGATIONS
4.1 We will supply the Services detailed in any Accepted Quotation, to you, in accordance with these Conditions. Any previous description of the Services or advertising materials issued by Homeland International are for the sole purpose of giving an approximate idea of the Services and they shall not form part of the Contract.
4.2 Subject to condition 4.3, Homeland International shall use all reasonable endeavours to meet any performance dates specified in an Accepted Quotation, but any such dates shall be estimates only. Should the Consumer require the performance of any part or all of the Services to be expedited, this shall only be if agreed with Homeland International and detailed in the Accepted Quotation.
4.3 Time for performance of the Services shall be subject to the impact of carriers, departure and destination country flight conditions, customs and excise and freight transportation authorities, together with approvals of all Official Paperwork, which are outside of Homeland International’s control and are subject to condition 7.
4.4 Homeland International reserves the right to amend the description of the Services if necessary, to comply with any applicable law or regulatory requirement (including requirements for Official Paperwork), or if the amendment will not materially affect the nature or quality of the Services, and Homeland International shall notify you in any such event.
4.5 Homeland International shall provide the Services listed in any Accepted Quotation to you using reasonable care and skill.
4.6 Homeland International shall obtain and maintain all Consents in your name (or as otherwise agreed in an Accepted Quotation) which may be required during the delivery of the Services and on or before the date of delivery of the Consignment to the destination jurisdiction.
5. YOUR obligations
5.1 You shall:
5.1.1 ensure that all information you provide to Homeland International in relation to the Contract is complete and accurate to the best of your knowledge;
5.1.2 co-operate with Homeland International in all matters relating to the Services and the Contract;
5.1.3 provide Homeland International with all information and materials that we may reasonably require in order to supply the Services, and you shall ensure that such information is complete and accurate; and
5.1.4 if relevant, comply with any additional obligations set out in the Accepted Quotation.
5.2 If Homeland International’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation under the Contract this shall be deemed to be a Consumer Default. Should a Consumer Default occur:
5.2.1 without limiting or affecting any other right or remedy available to it, Homeland International shall have the right to suspend performance of the Services until you rectify the Consumer Default, and to rely on the Consumer Default to relieve it from the performance of any of its obligations in each case to the extent the Consumer Default prevents or delays Homeland International’s performance of any of its obligations;
5.2.2 Homeland International shall not be liable for any costs or losses sustained or incurred by you, or any third party, arising directly or indirectly from Homeland International’s failure or delay to perform any of its obligations as set out in this condition 5.2; and
5.2.3 you shall reimburse Homeland International on written demand for any costs or losses sustained or incurred by Homeland International arising directly or indirectly from the Consumer Default.
6. Charges and payment
In consideration of the provision of the Services by Homeland International, when you accept the Quotation you shall pay the Charges detailed in the Quotation, which shall include:
(a) the Fee, being the fixed fee (subject to condition 6.2) of Homeland International for provision of the Services; and
(b) Third Party Costs, being the cost:
(i) of any Consents, flights, hotels, subsistence, travelling, services of funeral directors or other relevant providers and any other ancillary expenses reasonably incurred by the individual subcontractors and/or relevant authorities, whom Homeland International engages, or are required to be paid, in connection with the provision of the Services; and
(ii) to Homeland International of any materials or services procured by Homeland International from third parties for the provision of the Services as such items; and
(iii) any value added tax, or other equivalent taxes in other jurisdictions outside the United Kingdom, chargeable to you (VAT). Where any taxable supply for VAT purposes is made by Homeland International or is chargeable to you under the Contract, we will set out this sum separately in the Charges.
6.2 Changes to the Charges
We will not increase the Charges you pay unless any of the following unforeseen circumstances occur:
(a) the information provided by you is inaccurate or incomplete, or additional arrangements are required in relation to the Consignment and/or any of the Services; or
(b) the scope of the Services under an Accepted Quotation changes; or
(c) there is an increase in the direct cost to Homeland International of supplying the relevant Services which exceeds five (5) % of the Fee set out in the Accepted Quotation.
Homeland International shall not perform any further part of the Services until it has notified you of the relevant increase to the Charges, due to any of the above circumstances. Upon receiving such notice you may either:
(d) agree to the increased Charges and pay the increase, upon receipt of which Homeland International shall continue with the performance of the Services in accordance with the Contract; or
(e) terminate the Accepted Quotation by giving Homeland International not less than twenty-four (24) hours’ notice, provided always that you shall accept performance (and shall, where applicable, pay any previously agreed Charges) of any Services already performed and in respect of which Homeland International has entered into an irrevocable commitment with a third party in connection too such Services.
6.3.1 You shall pay the Charges (and, if relevant, any variation to the Charges) to Homeland International in full and cleared funds to Homeland International’s bank account as set out in the Quotation.
6.3.2 If you fail to make a payment due to Homeland International under the Contract by the due date, then, without limiting Homeland International’s right to cancel the Contract as set out in conditions 10 and 12.2, the Consumer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this condition 6.3.2 will accrue each day at four (4)% a year above the Bank of England’s base rate from time to time, but at four (4) % a year for any period when that base rate is below zero (0)%.
6.4 All amounts due by you under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
7. Unforeseen circumstances
Where events occur which are beyond our reasonable control and result in a delay in our performance of the Services or a failure by us to perform any part of the Services:
(a) we will notify you within as soon as reasonably possible once we are aware of the delay or failure;
(b) we will take all reasonable steps to minimise the impact of any delay or failure to perform, where possible; and
(c) you agree that we will not be in breach of the Contract or liable for any delay in performing, or failure to perform, any of our obligations under the Contract if such delay or failure result from events, circumstances or causes beyond our reasonable control.
8. PERSONAL INFORMATION
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us whilst you were instructing us.
9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services, as set out under the Consumer Rights Act 2015.
9.3 We will take all reasonable steps to ensure that valuables received with the deceased are taken care of, but unless it is due to our negligence, we do not accept responsibility or liability for any act or omission in relation to valuables.
9.4 Homeland International has obtained suitable insurance cover in respect of its own legal liability under the Contract, however the Consumer is responsible for making its own arrangements for the insurance of any excess loss.
10. Your responsibility for loss or damage suffered by us
10.1 You will indemnify Homeland International and any Connected Person from any losses, claims, demands, damages, costs, charges, expenses or liabilities (or actions, investigations or other proceedings in respect thereof) (a Claim) which we (or any such Connected Person) may suffer or incur or which may be made against us or such Connected Person relating to or arising directly or indirectly out of or in connection with the Contract or following any breach by you of any of your obligations under the Contract.
10.2 This means that you are liable to us for losses we incur because you do not comply with these Conditions. For example, we will charge you an administration fee where we receive a cheque from you which is subsequently not honoured or if we write to remind you that a payment is overdue. If we instruct debt collection agents we may also recover from you the fees we incur. Further details regarding these fees are available on request. We may claim those losses from you at any time and, if we have to take legal action, we will ask the Court to make you pay our legal costs.
10.3 The indemnity in condition 10.1 shall not, however, apply to the extent that the relevant Claim resulted primarily from our negligence or default or that of any of the Connected Persons.
It is our responsibility to supply you with the Services that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us – our contact details are given below at condition 14.6.1. If you are unclear about your rights or require advice, you can contact the Citizens Advice Consumer Service on 0845 404 0506 or www.adviceguide.co.uk.
12.1 Your right to cancel the Contract
12.1.1 You have a right to cancel the Contract without giving any reason within fourteen (14) days of entering into the Contract with us. However, if the Services have been fully performed, i.e. completed, the Contract cannot be cancelled.
12.1.2 In order to exercise your right to cancel, you must inform us of your decision by a clear statement (i.e. a telephone call, letter sent by post, fax or email), prior to the end of the 14 day period. You may use the attached “Cancellation Notice” at the end of these Conditions, but you do not have to. However you elect to notify us, you are advised to obtain proof that you have informed us.
12.2 Our right to cancel the Contract
We may cancel the Contract at any time on written notice to you, should you fail to honour your obligations under the Contract or pay any amount due to us within the timescales specified in the Contract.
13. Consequences of termination
13.1 If you cancel the Contract, we will reimburse you all that you have paid us, subject to the certain possible deductions: (i) payment of any of our costs; and (ii) any Third Party Costs already incurred on your behalf, for any Services that we have already provided up to the point when you notify us of your decision to cancel.
13.2 Any reimbursement to be made to you will be made without undue delay and not later than fourteen (14) days after we have received the cancellation notice. We will make the reimbursement using the same means of payment you used for the initial transaction, unless we have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
13.3 On termination of the Contract, by you or by us, each of us shall return to the other or destroy any materials and/or confidential information of the other party.
13.4 Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
13.5 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
14. General TERMS
14.1 Transferring the Contract
We may transfer the Contract, or our rights and obligations under it, to someone else. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.
14.2 Entire agreement
The Contract is the entire agreement between us and does not include any other previous promises, assurances, representations and understandings between us, whether written or oral, relating to the repatriation of the deceased named in the Quotation. You acknowledge that in entering into the Contract you do not rely on any previous promises, assurances, representations and understandings between us that are not set out in the Contract.
14.3 Changing the Contract
Except as set out in these Conditions, neither of us may change the Contract unless we both agree to such change in writing, and it is signed by you and Homeland International.
14.4 Even if we delay in enforcing the Contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under the Contract, or if we delay in taking steps against you in respect of you breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.5 Effect of the Contract
If a court finds any part the Contract illegal, the rest will continue in force. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.6.1 Any notice or other communication you send to us under or in connection with the Contract shall be in writing and shall be delivered by post or email, to:
Address: Rampion House, Marchants Way, Burgess Hill, West Sussex, United Kingdom, RH15 8QY
Telephone number: +44 (0) 3300 417 265
14.6.2 Any notice or communication we send to you under or in connection with the Contract shall be in writing and shall be delivered by post or email, to the details provided to us when you request a Quotation.
14.6.3 Any notice or communication shall be deemed to have been received:
(a) if delivered by hand, on signature of a delivery receipt; and
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; and
(c) if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.
14.6.4 This condition does not apply to the service of any proceedings or other documents in any legal action or, where applicable.
14.7 No one else has any rights under the Contract
No other person shall have any rights to enforce any of the terms of the Contract between us terms, except as expressly set out hereunder. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to it.
14.8 Which laws apply to the Contract and where you may bring legal proceedings
These Conditions and the Contract are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Homeland International Limited