Terms & Conditions
The Terms and Conditions of business apply to services carried out by Kinvara Private Hospital (KPH). These Terms and Conditions take precedence over the Contents of written material provided by KPH to the patient (in any written or electronic format including but not limited to all of the KPH websites and in any written booklets) and/or any oral representations made by employees of KPH.
1.1. “KPH” means Kinvara Private Hospital whose registered address is 2 Clifton Lane, Rotherham S65 2AJ.
1.2. “Patient Information” refers to the information supplied by KPH to patients in paper and any electronic format (including but not limited to all of its websites). Some information which is provided to the patient is prepared by the manufacturer of the products to be used and KPH does not accept any liability for the accuracy or otherwise of the manufacturers information but believes that the information provided by them is accurate and that the manufacturer is a responsible company.
1.3. “Procedure” refers to the medical procedure to be carried out by a Surgeon or Doctor and includes the activities of an Anaesthetist engaged by the patient and who holds Practising Privileges Agreement and permitted to carry out medical procedures at KPH’s premises.
1.5. “Patient” means any person who has entered into a contract with KPH for the provision of surgical and/or nonsurgical aspects of a procedure (including but not limited to nursing care and administrative functions provided to the patient by KPH employees only) with the outcome of the procedure being the responsibility of the Surgeon or Doctor and/or Anaesthetist with whom the patient Contracts separately.
1,6. “Non-Surgical” aspects of a procedure means the services provided by a Surgeon, Doctor or KPH’s employees only and includes but is not limited to pre-procedure assessment and the post-procedure nursing care. It does not include the pre-procedure and post-procedure Consultation and for advice and/or treatments (which include decisions on medication and discharge of the patient), which remain at all times with the Surgeon or Doctor.
1.7. “Pre-booking” means a booking and payment made prior to Consultation with a Surgeon or Doctor,
1.8. “Initial After Care Period” means the aftercare included within the cost of the patient’s surgical procedure. The duration varies by procedure and by the treating doctor/surgeon.
1.9. “Cost” is total procedure price as detailed on the quotation.
1.10. “Consultation” is a surgical aspect of the procedure, it is a pre-procedure meeting between the patient and the Surgeon or Doctor, at which the patient’s suitability for the procedure is considered it also includes any post-operative meeting between the Surgeon or Doctors and the patient. “Consultation” with a Patient Care Co-Coordinator (PCC) and for any employees of KPH should be regarded as merely assisting the patient to make a choice about the possible procedures. The PCC and for employees are unlikely to be a Doctor or Surgeon or medically trained and any advice or representations he/she gives should, in any event, be regarded as purely of a general nonmedical nature.
1.13 The procedure includes the items detailed on the quote for surgery.
1.14 “External facilities” are those facilities other than premises owned or occupied by KPH.
2.2. All Surgeons, Doctors and Anaesthetists, are self-employed and make their own clinical decision at all times. The patient warrants that having read and understood these Terms and Conditions that no cause of action in negligence and/or breach of contract will accrue against KPH for any treatment carried out by the Surgeon or Doctor. The patient further warrants that he or she has read and understood the patient information and fully understands the range of possible outcomes of the proposed procedure. For the avoidance of doubt KPH is not vicariously or in any other way liable for the acts and omissions and or breaches of contract by the self-employed Surgeon or Doctor, such liability remains at all times with the Surgeon or Doctor.
2.3. As of the Surgeons, Doctors and Anaesthetists which KPH may from time to time introduce to patients are self-employed and, as such make their own clinical decision at all times and are responsible for but not limited to the procedures pre-operative consultation process, obtaining the patients informed consent, the outcome of the procedure and any of the surgical aspects of the procedure including the post-operative care plan and the discharge of the patient.
2.4 KPH and the Surgeon or Doctor will provide the procedure as outlined on the quote for surgery. This can change subject to the Surgeon or Doctor’s discretion.
2.5 The Surgeons, Doctors, Anaesthetists and premises fees are included in the quoted price and KPH acts as their agent in the collection of them.
2.6. The patient accepts that no cause of action will accrue against KPH for any aspect of the procedure carried out by the Surgeon, Doctor and/or Anaesthetist or which should have been carried out by the Surgeon Doctor and/or Anaesthetist, including but not limited to the initial Consultation, the risks and benefits of the proposed procedure and the recommending of the correct and most appropriate procedure (informed Consent). The procedure performed, the prescription of medicine both before and after the procedure, patient discharge, appropriate follow-up consultations, examinations including the post-operative care plan and the treatment of any post procedure complications.
2.7. KPH will provide all standard post-operative medication relevant to the patient’s procedure (e.g. antibiotics and painkillers) as prescribed by the relevant Surgeon or Doctor. Specialist medications can be prescribed by the Surgeon or Doctor but may not be provided or funded by KPH. Patients attending external facilities will receive post-operative medication directly from the external facility.
3. PATIENT’S OBLIGATIONS
3.1 This contract is conditional upon Surgeon or Doctor. Anaesthetist’s acceptance of the patient based upon the information given by the patient during Consultation(s) and in the Pre-Operative Assessment Documentation. The decision to carry out the procedure shall be at the discretion of the Surgeon, Doctor, Anaesthetist and/ or KPH’s premises manager either jointly or individually and their joint or individual decision will be final
3.3 The patient agrees to provide the Surgeon, Doctor, Anaesthetist and clinical employees of KPH with a medical history that is honest, accurate, reliable and complete. The patient understands that withholding any medical information could be detrimental to his or her health and safety and may result in cancellation of the procedure with no refund. The patient agrees that if any change occurs in his or her medical history or status to inform KPH and the Surgeon, Doctor and the Anaesthetist without delay and to keep KPH, the Surgeon, Doctor and the Anaesthetist informed. Failure to provide this very important medical history will be treated by KPH as a repudiatory breach of contract by the patient, and the contract will be considered void from the start.
3.4 The minimum age for any consultation or surgical procedure is 16 years. Any practitioner can request photographic ID before providing treatment.
3.5 Advice given to the patient by the Surgeon or Doctor or Anaesthetist is followed.
3.6 The patient discloses before treatment if they smoke, use an e-cigarette, nicotine patches or any similar device and is responsible to stop their use in accordance with their Surgeon of Doctors or anaesthetist instructions. Cancellation due to non-compliance with this clause on the day of admission will require the patient to pay a £1000.00 rebooking fee in addition to the quoted procedure price.
4. GENERAL OBLIGATIONS
4.1 KPH reserves the right to alter the patient’s admission date and/or outpatient appointments although such changes will be avoided wherever possible. The patient agrees that no consequential loss will be payable for the short notice cancellation of any procedure or appointment.
4.2 The patient agrees that in signing this set of terms and Conditions and any Pre-Operative Medical Notes that he/she has understood the terms and has been given an opportunity to seek explanation. The Pre-Operative Assessment Documentation is designed to ensure that the patient the Surgeon or Doctor and/or Anaesthetist has fully agreed the procedure that has been planned and that the patient understands before the operation the potential risks and benefits of it.
4.3 The patient accepts that KPH’s liability for breach of contract is any way limited to the procedure costs.
4.4 The patient and the Surgeon or Doctor will be required to sign a Consent Form prior to treatment.
4.5 In the interest of patient safety and welfare, KPH reserve the right to cancel, refuse or postpone the patient’s procedure.
5. RESCHEDULING CANCELLATIONS
5.1 KPH recommends that the patient considers all aspects of the patient’s procedure for at least 14 days after the patient’s Pre-Operative Consultation with the Surgeon or Doctor and check the Surgeon or Doctors current GMC registration and professional indemnity insurance arrangements.
5.2 To book a specific date for a procedure to be undertaken by a Doctor or Surgeon at KPH or external facility, a non-refundable booking deposit of £500 is payable to KPH. If payment is made via cheque or bank transfer, then funds must be cleared/available in KPH recipient bank account before the date is confirmed. The patient understands that if they wish to subsequently change the date for their procedure, the £500 booking deposit is not transferable to book a new date. The booking deposit of £500 is not refundable under any circumstances and if the patient wishes to book another date then an additional non-refundable booking deposit of £500 will be required.
5.2.1 For up to 14 days following the patient’s consultation with the Doctor or Surgeon, should the patient wish to cancel the procedure, any monies paid for the procedure are fully refundable (less any irrecoverable costs already incurred by KPH), with the provision that TKC has been notified by email, recorded or guaranteed post to Kinvara Private Hospital, 2 Clifton Lane, Rotherham, South Yorkshire S65 2AJ
5.2 All monies are non-refundable should the patient wish to cancel the procedure after the 14 day period save as set out in sections 5.3 to 5.7.
5.3 Cancellations due to known but undisclosed pre-existing medical conditions – Cancellations due to pre-existing medical conditions which were known by the patient but were undisclosed by the patient prior to booking the procedure will not be refunded and will be treated by KPH as a repudiatory breach of contract by the patient save where the cancellation is made in accordance with section 5.1 of these Terms & Conditions.
5.4 Cancellations for previously unknown medical reasons – Cancellations necessary due to previously unknown medical conditions will be rescheduled where possible. If after reasonable consideration the indicated medical Condition prevents rescheduling of the procedure, then a refund of the monies paid will be made in accordance with Section 5.1 to 5.7 of this Contract. If the procedure is abandoned once started due to unforeseen medical conditions, KPH will retain sufficient monies to cover the costs incurred by it and the Surgeon or Doctor/Anaesthetists.
5.5 Any Cancellations made on medical grounds by the patient will require the patient to provide proof of the condition with a Medical Certificate, including date of knowledge, from their GP or medical team providing treatment within 5 days.
5.6 Rescheduling – the patient understands if they wish to reschedule the procedure date, the non-refundable booking deposit is non-transferable to confirm the new date, and an additional non-refundable booking deposit of £500 will be payable.
This policy does not affect the 14 day period of reflection (section 5, 1). After the 14-day period of reflection (Section 5.1) the following monies will be retained/payable to defray some of the costs incurred by KPH unless the reason for the cancellation is because of a non-disclosed medical condition known to the patient. In this circumstance no refund will be given:
- Cancellations made over 28 working days prior to the procedure date 25% of the total cost
- Cancellations made 14 working days prior to date of the procedure – 75% of the total cost
- Cancellations made 7 working days or less prior to and including date of the procedure – 100% of the total cost
5.7 “Pre-booked” appointments may be cancelled at any time prior to Consultation and will receive a full refund including the deposit. Cancellations after the Consultation: Will be refunded in line with Section 5.1 to 5.6 above.
The complaints procedure is available on request from the clinic. Any and all complaints made to KPH must be made in writing in accordance with KPH’s complaints procedure within 6 months from the date of the patient’s procedure or incident about which the patient is complaining. If after using KPH’s usual complaints process no resolution can be reached, KPH may refer the complaint for independent mediation. Referral will be conditional on the basis that both parties are bound by the outcome. KPH may be responsible to fund the mediation. The Patient agrees that all medical records can be released to the appointed Arbitration Officer. Settlements reached using this method will be considered by KPH and the patient as binding and as a Full and Final settlement of all and any claims howsoever arising.
7. AFTERCARE & READMISSION
7.1 Aftercare – The initial aftercare period will include standard post procedure review appointments within the period specified within the patient’s Personal Quotation. Pease see KPH’s website for full details of KPH’s patient aftercare policy. A paper copy can be obtained from KPH at 2 Clifton Lane, Rotherham S65 2AJ. KPH reserves the right to change their aftercare policy from time to time. In case of any doubt, the aftercare policy in force at the date of this contract will be applied. The patient aftercare policy starts on the day of the procedure. When the aftercare period applicable to the patient’s procedure has expired, any subsequent investigations and/or treatment will be quoted for and charged separately.
7.2 Readmission – If, during the aftercare period set out in the patient’s quotation and referred to in Section 7.1 the patient and the Surgeon or Doctor agree that a further procedure (as part of the original procedure) is necessary, KPH and the Surgeon or Doctor will consider making a contribution to the surgical and premises costs of the procedure. If, however, the patient’s Surgeon or Doctor decide that the results of the procedure are acceptable within the normal limits of the type of procedure originally undertaken, then any further procedure will incur the full fee. KPH will assess separately the circumstances of each patient in determining the basis on which any further procedure may be provided. KPH will make the ultimate decision and KPH’S decision will be final. Readmission procedures do not automatically provide the same aftercare period as the original procedure, the patient should check with KPH the period of cover that will be applicable, if any, before the patient’s admission for the further procedure.
7.3 If the patient fails to follow advice and guidance given (both pre and post-procedure), or where the results of the procedure originally provided have been affected by changes in lifestyle, illness or the natural ageing process, neither KPH will provide continuing procedures.
8.1 KPH and the patient agree that all matters relating to the patient’s treatment will be kept as confidential save where KPH is required to disclose such material to relevant members of medical staff at KPH and/or the self-employed Surgeons, Doctors and Anaesthetists and/or relevant Government authorities be they regulatory or otherwise, and/or in circumstances where the patient is deemed to have, either explicitly or impliedly, waived his/her rights to confidentiality.
8.2 The patient confirms his or her consent to the disclosure of personal information by KPH to independent Surgeons, Anaesthetists, Doctors and Nurses and to its employed Nurses and other employees for the purpose of discussing a patient’s treatment and to any other hospitals facility/premises (including but not limited to NHS facilities and/or private non-NHS hospital facilities and Doctors or Surgeons) should emergency treatment be necessary.
8.3 If required, a patient’s PC will provide the patient with the policy on access to medical records. Records will be supplied only to the patient. There is a fee for the provision of patient’s records. The patients PC will advise of costs.
8.4 Images may be taken before, during and after the patient’s procedure for documentation purposes by the Surgeon or Doctor. They will remain with the Surgeon, doctor or facility. KPH are not able to supply copies.
8.5 KPH are committed to uploading patient details as requested by the Department of Health and any other regulatory bodies, your signature on this document is your consent to release these details without prior notification.
9.1 Any funds held on a patient’s account that remain outstanding for a period of 12 months from the date of receipt will be retained by KPH and will not be refundable to the patient in accordance with the Terms and Conditions (in particular section 5). Any refund that is deemed appropriate in these circumstances will be made at the sole discretion of KPH.
9.2 Where any deposit and/or monies paid for the patient’s procedure are found to be refundable in accordance with any section of these Terms and Conditions, such refund will only be paid to the patient as named on the Personal Quotation.
9.3 The procedure will be immediately cancelled if the balance is not paid in full 28 working days before the day of the procedure. If the procedure is cancelled on the grounds of non-payment by KPH the patient will be invoiced for and be liable to pay KPH’s administration and other costs which will not be more that 75% of the total cost of the procedure as set out in the patient’s Personal Quotation. In these circumstances an invoice will be raised which should be paid within 14 days from the date of the invoice.
9.4 Patients who have pre-booked their procedure or are awaiting medical clearance with a procedure date within 21 days will be required to settle their balance in line with KPH’s normal process as set out in this section, whilst awaiting the further information. If after receipt of the information the patient is found medically unsuitable for treatment at any KPH premises a refund will be issued to the patient.
9.5 Funds are non-transferable between patients or different procedures for the same patient.
9.6 KPH reserves the right to request identification from the person settling the account. Should this not be available the procedure may be cancelled and a cancellation fee will apply as set out at section 5.
9.7 Patients booking a procedure less than 28 working days before their admission will be required to pay in full at the time of booking.
9.8 Payment by credit or debit card is subject to an external processing fee of 3% of the total cost of the agreed procedure as set out on the quotation.
9.9 Following registration, you may be asked to provide a deposit. The patient may be able to see the enquiry on their file, but it will not be available to any other organisation, which means that there is no impact on the patient’s credit rating, and the results will not be disclosed to any third party or member of staff in the clinic. All personal and medical information contained within this registration will remain confidential and will not be disclosed to any third party without the patient’s express consent.
9.10 Patients settling their account in cash should note that if a full or partial refund is required either a bank transfer or bankers draft will be issued. NO refund will be made in cash.
1. DATA PROTECTION ACT 1998
KPH Data Protection Terms and Conditions can be provided on request from 2 Clifton Lane, Rotherham S65 2AJ.
The laws of England and Wales shall apply to this contract and the Courts of England and Wales shall have exclusive jurisdiction.
If any provision or term of these Terms and Conditions or any part of them shall become or be declared illegal invalid or unenforceable for any reason whatsoever such terms or provisions shall be divisible from these Terms and Conditions and shall be deemed to be deleted from them provided always that if any such deletion substantially affects or alters the basis of these Terms and Conditions KPH and the patient shall negotiate to amend and modify the Terms and Conditions as may be necessary or desirable in the circumstances.
13. ENTIRE AGREEMENT
These Terms and Conditions embody and set out the entire agreement and understanding of the patient and/or KPH and supersedes all prior oral or written agreements, understandings or arrangements. These Terms and Conditions can only be varied by KPH and the patient in writing and signed by both KPH and the patient.
No forbearance or indulgence by KPH shown to the patient or granted by KPH in respect of any breach of any section of these Terms and Conditions shall in any way affect or prejudice the rights of KPH under these Terms and Conditions or be taken as a waiver of such breach or any subsequent breach.