Terms & Conditions
These Terms and Conditions of Business (‘’ Terms and Conditions’’) apply to the supply of services by Kinvara Private Hospital (“KPH”) Limited Company Registration No 11298045 of 2 Clifton Lane Rotherham S65 2AJ. In the event of any inconsistency between these Terms and Conditions and the contents of other literature provided by KPH to the Patient, these Terms and Conditions shall prevail.
1 DEFINITION AND INTERPRETATION
1.1 In these terms and conditions, the following words and expressions shall have the meanings respectively set against them.
‘’Balance‘’ – That portion of the Fee for a Procedure that remains unpaid after payment of a deposit or partial payment of the fee for the Procedure.
‘’Balance Overdue Date’’ – The date by which any outstanding Balance of the Fee for a Procedure must be paid, as noted on the Booking Confirmation Schedule given to the Patient.
‘’Booking Confirmation Schedule ‘’ – The Group’s standard form containing details of the Procedure booked by the Patient, including the type of Procedure, the fee for the Procedure, the date of the Procedure and the date by which the fee for the Procedure must have been paid in full.
‘’Clinician‘’ – A Nurse, Surgeon or Doctor (as the case may be).
‘’Complaints Procedure’’ – KPH complaints procedure.
‘’Consent Form’’ – The consent form signed by the Patient signifying his/her consent to a Procedure.
‘’Consultation’’ – A consultation with a Surgeon about a Procedure(s) being contemplated by a Patient.
“Consultation Fee’’ – That part of the Fees referable to the Consultation.
‘’Fee’’ – The fee charged by KPH for the Procedure.
‘’Nurse’’ – A nurse registered to practice, in the United Kingdom by the Nursing and Midwifery Council.
“Patient” – Any person who is at least 18 years of age who has entered or is contemplating entering into a contract with KPH for a Procedure.
“Patient advisor” – A KPH employee responsible for providing the Patient with ongoing information about their Surgeon and their procedure.
“Pre-operative questionnaire” – The self-assessment Medical Questionnaire provided to allow the Surgeon to assess the Patient’s physiological suitability for a Procedure.
‘’Procedure’’ – The surgical procedure to be arranged by KPH for a Patient and performed by a Surgeon.
“Procedure information” – The Procedure Information that is provided to the Patient by KPH.
“Psychological Screening and Declaration Form” – The Patient self-declaration questionnaire to allow the Surgeon to assess the Patient psychological suitability and motivations for a Procedure.
‘’Quotations’’ – Quotations are only valid for 30 days from the date of issue.
‘’Surgeon’’ – A medical practitioner registered to practice in the United Kingdom by the General Medical Council, who is a Fellow of the Royal College of Surgeons (or equivalent foreign qualification). Also includes Podiatric Surgeons.
Treatment Letter: the letter that we send to you detailing the care and treatment and the Package Price to be provided to you under a Self-Pay Package or your indicated price where no package is applicable.
Package Price: the price that you pay for the Self-Pay Package and which we set out in the Treatment Letter.
Self-Pay Package: the care, treatment or procedures to be carried out at a Kinvara Private Hospital, which we have detailed in the Treatment Letter and for which you have agreed to pay the Package Price.
When we use the words “we”, “our” or “us” in these Terms we mean a member of Kinvara Private Hospital Ltd.
When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.
2 KPH’S OBLIGATIONS
In providing a Procedure for a Patient, KPH shall:
2.1 Ensure that the Procedure is carried out by an appropriately qualified and registered Surgeon;
2.2 Satisfy itself that the Surgeon or doctor is insured with the Medical Defence Union, the Medical Protection Society, the Medical and Dental Defence Union of Scotland or another insurer or indemnity provider approved by KPH, against claims for professional negligence on terms that KPH reasonably considers are normal, given prevailing market conditions at the relevant time;
2.3 Satisfy itself that the Clinician holds the necessary qualifications and registrations required for him/her to practice;
2.4 Provide/arrange suitable facilities for the provision of Procedures;
2.5 Provide the Patient with such information as the Patient may reasonably require enabling him/her to understand the nature of the Procedure being offered and to decide whether or not to proceed with a consultation with a Surgeon.
3 THE PATIENT’S OBLIGATIONS
The Patient shall be responsible for reading and making sure that they understand the Procedure Information and other information and literature provided prior to consenting to undergo any Procedure, and for complying with all the pre-and post-operative instructions concerning the Procedure supplied by the Clinician and/or KPH.
The Patient shall also be responsible for returning their Pre-operative questionnaire and Psychological Screening and Declaration Form, a minimum of two weeks before their procedure, and ensuring timely payment for any Procedure received or to be received, in accordance with these Terms and Conditions of Business.
It is also the Patient’s responsibility to ask any questions that they may have about the Procedure so as to ensure that they have a full understanding of the Procedure.
4 THE SURGEON’S/DOCTOR’S OBLIGATIONS AND THEIR RELATIONSHIP WITH KPH AND THE PATIENT
4.1 Any Surgeon to whom KPH refers a Patient for a possible Procedure has a direct professional relationship exclusively with the Patient and is professionally and legally responsible for and accountable directly to the Patient for all Procedures provided.
4.2 The Surgeon is also solely responsible for: providing the Patient with detailed clinical information about the Procedure; pre-and post-operative instructions; detailed information about the expected outcome and limits of the Procedure; for advising the Patient about all the risks and possible complications associated with the Procedure; for deciding whether or not the patient will benefit from and is suitable for the procedure; and is solely responsible for accepting or rejecting the Patient for a Procedure.
4.3 The Surgeon is solely responsible for the care, and any required after-care of the Patient, including any revision surgery agreed in accordance with the Re-Admission Policy of Section 8 below
4.4 KPH cannot accept any responsibility or liability for matters within the scope of the professional and/or legal responsibility of the Surgeon.
4.5 All Surgeons are independent contractors in private practice and are not employees of KPH. KPH will not therefore bear any vicarious liability for any of the Surgeons.
A consultation with a Surgeon requires payment (of amount specific to that Surgeon) to be received at the time of booking the appointment. If the patient is deemed medically unsuitable for surgery at the time of Consultation, the Consultation Fee is still payable.
An additional £500 is required to secure a Procedure date.
The Balance payable for a Procedure must be received at least 4 weeks before the procedure date
Where a Procedure date is confirmed within the 4 week period, payment becomes due in full at the point of booking
5.1 What is included and excluded in the package price
Unless stated otherwise, the Package Price for your Self-Pay Package includes:
- Your Surgeon’s operating fee and anaesthetist’s fee while you are at KPH
- Any pre-operative assessment at KPH to determine your fitness for the procedure immediately prior to your admission, if necessary.
- Kinvara Private Hospital’s theatre fees, drugs, dressings, pathology, histology and consumables.
- Nursing care while you are at KPH.
- Any standard prosthesis typically used for the procedure that you are having.
- Up to six months post-operative care where clinically required by your Surgeon provided it takes place at KPH, including:
(i) removal of stitches, dressings or plaster, if required,
(ii) one clinically necessary follow-up appointment with your Surgeon
(iii) treatment for any clinical complications, as we explained in Section 5.2.
The Self-Pay Package does not include any of the following:
- The Surgeon’s or any other healthcare professional’s fee for the initial outpatient consultation.
- Diagnostic tests or services received prior to your admission, whichever is first, and these will be invoiced separately by your Surgeon directly to you or by us (acting on behalf of your Surgeon).
- Any care or treatment provided anywhere other than at KPH.
- Any long-term care, treatment, or care that is not related to your Self-Pay Package.
- Take-home drugs advised or prescribed by your Surgeon.
- Convalescence, treatment, accommodation or meals provided after your Consultant has advised that you are fit for discharge, personal costs such as telephone charges, visitors’ meals, and other sundries.
- Any replacement prosthesis or other items where required due to normal wear and tear.
- Any costs or fees not specified in the Procedure Information as being excluded in the Package Price, provision of any of the above will be charged separately to you at KPH standard rates and you will be responsible for payment of those charges.
- Any medical treatment not related or connected with the care and treatment identified at your Consultation, which requires a separate pathway of care, or is not clinically required, whether or not carried out at KPH.
- SELF-PAY – ALL PATIENTS
Follow-up and Complications
Any Self-Pay Package price covers the cost of treating any medical or surgical complications directly related to your surgery for 6 months following your procedure provided that:
- Such post-operative care and complications are treated at KPH and
- You have followed the advice of your Surgeon and other healthcare professional involved in your care or treatment at KPH. The decision as to whether a complication is related to the procedure rests with your Surgeon or healthcare professional.
- KPH reserves the right to charge a hospital fee and anaesthetist fee to cover the cost of treating any medical or surgical complications.
- If you are dissatisfied with the results of your cosmetic surgery, revision surgery at KPH may be offered at the discretion of your Surgeon, providing you have notified KPH in writing (either by letter or email) within 6 months following your procedure and your Surgeon is in agreement that revision surgery is appropriate and clinically safe. KPH reserves the right to charge a hospital fee and anaesthetist fee.
Your right to cancel and applicable refunds
If you decide not to go ahead with your procedure or any other services as part of your Self-Pay Package, you may
contact us at any time to cancel. You will be required to pay for any credit card charges that KPH has incurred or any care received up until the point of cancellation.
This will be charged at Kinvara Private Hospital’s standard rates. We reserve the right to charge a cancellation fee.
- Cancellations made over 30 days prior to the procedure date – £300 administration fee plus £150 if a pre-operative test has been performed
- Cancellations made between 14 and 30 days prior to the procedure date – 50% of the total package price
- Cancellations made less than 14 days prior to the procedure date – Total package price is chargeable
We will refund any advance payment made by you or on your behalf, less any credit card charges or amount that you owe to Kinvara Private Hospital and/or a Consultant, for Services that we have not yet provided to you.
If your Consultant cancels your treatment because of medical reasons and you have already paid for your Self-Pay Package, we will refund your payment.
Our rights to cancel and applicable refund
We will make every effort to provide the Services on the date that we have specified. However, we cannot promise this and reserve the right to refuse your admission or to cancel or change the date of your admission. There may be delays or cancellations for any reason, such as an event outside our reasonable control, for operational or technical reasons or because your Consultant does not think it is in your best interests.
If this happens, we will give you as much notice as possible. Where possible, as appropriate, we will always try to rearrange any appointment or admission dates with you. Where we are required to cancel the appointment or refuse admission, any advance payment for Services that have not been provided will be refunded to you (less any credit card charges). We will refund these amounts by cheque or electronic transfer only to the cardholder or person who made the original payment.
Please note we do not make refunds in cash.
We may cancel any appointment or admission date or any care or treatment at any time if you do not pay us when you are supposed to.
While KPH and your Surgeon always do the best to meet your expectations and ensure a satisfactory outcome, KPH cannot guarantee the result of any procedure, care or treatment, and it is possible that complications with your treatment or surgery can occur. Your Surgeon will explain these to you before your treatment.
The decision as to whether you are fit for discharge rests with your Surgeon. If, with the agreement of KPH you decide to stay beyond the date that your Surgeon considers is appropriate for you to be discharged, KPH standard rates will apply and you will be invoiced separately. If you discharge yourself against the advice of your Surgeon no further services will be provided as part of the Self-Pay Package (as appropriate), and no refund will be given if you are discharged by your Surgeon earlier than expected.
We strongly advise that you avoid bringing any valuables or cash with you to KPH. If you do bring any valuables or cash, KPH does not accept any responsibility for the theft, loss of, or damage to, any of your or your visitors’ cash, valuables or any other property that you or your visitors bring to KPH.
Cancellation by a Patient
6.1 All cancellations by a Patient must be communicated by email or letter to KPH.
6.2 Fees paid for a Surgeon consultation are fully refundable provided notice of cancellation is received from the patient by KPH at least 48 hours prior to the scheduled date of the Consultation, otherwise there will be no refund of the Consultation Fee.
6.3 Patients have a 14 day cooling off period after the Surgeon consultation, in which they may cancel their Procedure with fees refunded subject to a deduction of the consultation fee plus £150 if pre-operative pathology tests have taken place.
6.4 Should a Patient wish to cancel a booked Procedure the following schedule of cancellation charges will apply:
Date of receipt of written notification
Over 30 days prior to Procedure date:
· £300 administration fee
· Plus £150 if a pre-operative test has taken place
Between 30 days and 15 days prior to Procedure date:
· 50% of the total fee
14 days of less to Procedure date:
· Full Procedure Fee is chargeable
Cancellation of a Procedure by the Surgeon/Anaesthetist:
6.5 KPH reserves the right to cancel or postpone a Procedure if, in the opinion of the Surgeon or Anaesthetist, the Patient is medically unfit for treatment or if the treatment is deemed inappropriate for the Patient and there is no alternative treatment to achieve the same purpose.
6.6 If the Surgeon considers postponement of the Procedure is appropriate, a new date for the Procedure will be provided and no postponement charge will be payable. If the Surgeon considers that the Procedure should be cancelled for medical reasons a full refund of the Fee paid by the Patient will be given less £150 administration fee, plus £150 if any pre-operative tests have taken place.
6.7 If surgery is cancelled due to the Patient either not informing KPH or the Surgeon of a known existing medical condition/previous history of drugs taken or not following any pre-operative advice provided by the Surgeon or any other Clinician, including and anaesthetist, then the Patient will be subject to the cancellation fees in 6.4 above.
Cancellation by KPH
6.8 KPH reserves the right to cancel or postpone a procedure, if the patient presents with COVID-19 symptoms following a negative test result during pre-op. The presence of symptoms would indicate a non-compliance with self-isolation restrictions, and the patient will be subject to the following fees:
- £1000 Rescheduling fee
- £150 COVID 19 re-testing fee
- £150 if a new pre-operative consultation is required.
Any further treatment will be subject to KPH availability in regards to a rescheduled date that will be completed within 6 months of the original procedure date. Failure to be available for a maximum of two dates offered will result in cancellation of the procedure and the full cost of procedure will be retained by KPH.
6.9 No expenses will be reimbursed by KPH in the event of a cancellation by either KPH, the Patient or the Surgeon/Anaesthetist.
6.10 KPH reserves the right to cancel a Procedure if the balance has not been able to be collected by the due date.
The following charges will apply:
- £100 Administration Fee; Plus
- Individual pricing for each pre-operative test where applicable
Postponement by a Patient
7.1 A procedure may be postponed for up to 24 (twenty-four) months (if postponed for reason of pregnancy) or 12 (twelve) months for any other medical reason or 6 (six) months for any non-medical reason, provided the Fee has been paid in accordance with Section 5. KPH will retain all Fees paid for the account of the Patient during the period of postponement. Should the Patient need to postpone treatment, the following schedule of postponement charges will apply. Should the postponement charge not be paid then Fees will be retained as per section 6.4. It is the Patient’s responsibility to reschedule the Procedure. Where a Patient fails to reschedule the Procedure, any Fees paid will not be refundable.
Date of receipt of written notification
Over 30 days prior to Procedure date:
· No Charge
Between 30 days to 15 days prior to Procedure date:
Between 14 days and 5 days prior to Procedure date:
Less than 5 days prior to Procedure
· Full procedure Fee is chargeable
- Postponement by a Patient must be communicated by email or letter to KPH.
- In all instances a Patient has a 14 day cooling off period after the Surgeon consultation in which they may postpone their Procedure. A charge relating to the Surgeon consultation plus £150 if pre-operative test have taken place will be made if the Patient subsequently cancels the Procedure.
- Postponement fees are applicable to revision procedures. Where a Patient cancels a revision within 30 days prior to the procedure date the fees as stated above must be paid before any revised date may be booked.
- KPH reserves the right to change the date or venue of your Procedure if that becomes necessary for reasons beyond KPH control. In such a case, the Patient will not be entitled to any refund, provided, in that event, KPH will offer a new date as close to the original dates as possible but in any event will offer the Patient alternative dates for the Procedure within 12 (twelve) weeks of the original date booked for the Procedure. The Patient will also be free to choose from other available dates beyond the 12 (twelve) week period over the following 12 months if that is the Patient’s preference. Where it is not possible for KPH to accommodate the reschedule within the 12 weeks period, a refund may be given. The following charges will apply:
- £150 Administration Fee plus
- £150 if any pre-operative consultation has taken place; plus
- Individual pricing for each pre-operative test where applicable
8 RE-ADMISSION POLICY
8.1 The Surgeons, to whom KPH refer Patients for cosmetic surgery, strive to provide Patients with the best possible outcome of their Procedure. In rare cases the Patient may consider that the outcome of their Procedure does not meet the expected result agreed between the Surgeon and the Patient at the Consultation. In those situations, consideration will be given to the possibility of improving the result through further surgery. Further surgery of the Patient’s post-operative presenting condition will only be carried out at the discretion of the Surgeon who performed the Procedure. If the Surgeon deems that further surgery is necessary in order to improve the result of the original Procedure which is not, in the opinion of the Surgeon, in line with the expected result agreed between Surgeon and Patient at the time of Consultation, then KPH will provide surgical services for this re-admission free of charge to the Patient. Hospital and anaesthetist fees shall be payable at the discretion of KPH. Should the Patient request any additional revision surgery this will be provided at a cost to the Patient. If, however, the Surgeon decides that the results of a Procedure are acceptable and within the normal limits of surgery, then our normal charge, will be made for further surgery but such further surgery will only be offered if the Surgeon considers it to be beneficial.
This readmission policy is subject to the following provisos:
8.2 The Patient must have expressed his/her dissatisfaction with the outcome to KPH in writing and been seen by the Patient’s operating Surgeon in this context within one year of the date of the original Procedure. Once revision surgery has been agreed, it must take place within 12 months, after which time full prices will be applicable to the procedure.
8.3 In cases where the results of the Procedure originally provided have, in the opinion of the Surgeon, been compromised by lifestyle, illness, the natural ageing process or by any failure of the Patient to fully adhere to the instructions, recommendations or advice of the Surgeon regarding post-operative appointments or care and lifestyle, KPH cannot commit to providing revisionary surgery. This includes failure to attend post-operative nurse or Surgeons review appointments.
8.4 The Surgeon who provides the Procedure is responsible for the outcome of that Procedure. If the original operating Surgeon is not available, it may not be possible to find another Surgeon willing to undertake revisionary surgery free of charge, in which case KPH reserves the right to review the basis, if any, upon which any additional surgery is provided.
8.5 If a patient has had previous surgery with a third party and attends KPH for revision surgery then this and, any further revision surgery, will be at KPH current normal prices.
8.6 In the event of revision surgery being cancelled or postponed by The Patient for non-medical reasons or due to the Patient either not informing KPH or the Surgeon of a known existing medical condition/previous history of drugs taken or not following any pre-operative advice provided by the Surgeon or any other Clinician, including an anaesthetist within 4 weeks of the operation date, no further free-of-charge revision will be offered and The Patient will pay normal KPH prices if the surgery is rescheduled.
Procedures with Breast Implants
8.7 KPH does not accept any liability for Baker Grade III or IV capsular contracture or rupture, and the remedial surgery will be chargeable at normal KPH prices.
8.8 Any payment due to the Patient as a result of a manufacturer warranty will be paid by the manufacturer to KPH and act as partial payment towards the readmission costs of the patient; except within the first three years of the original Procedure whereby this payment will cover the full readmission costs of the Patient. The manufacturer warranty is only valid when remedial surgery is performed by KPH unless the manufacturer warranty specifically states otherwise.
8.9 KPH does not accept any liability for any associated medical condition that is directly related to any prosthetic used during a patient’s surgery. KPH ensures that any prosthetic supplied meets the required regulatory standard at the time of use.
9.1 In the event that the Patient is dissatisfied with any aspect of the service provided, the Patient should speak to the appropriate hospital or clinic management as soon as possible. If they are unable to resolve the complaint to the reasonable satisfaction of the Patient, KPH Complaints Procedure shall apply.
10 CONFIDENTIALITY AND DATA PROTECTION
10.1 KPH processes data relating to Patients in connection with the Procedure provided to those Patients in accordance with these Terms and Conditions.
10.2 KPH wishes to disclose Patient data to Clinicians in the course of the Procedure and the Patient’s consent to such disclosure is considered essential to the Procedure.
10.3 The Patient is deemed to consent to the disclosure of sensitive personal data by KPH to Clinicians for the purposes of discussing the Patient’s Procedure.
10.4 The Patient acknowledges that KPH is obtaining this consent for themselves in order that they may comply with the provisions of the Data Protection Act 2018.
10.5 Other than these disclosures, or as required by law, KPH will not disclose Patients’ sensitive personal data to third parties.
Where it is necessary for photography to be developed by a third party this will be governed by the Data Protection Act 1998.
11 NO VARIATION
11.1 There can be no variation or exceptions to these Terms and Conditions unless agreed in writing and countersigned by a Director of KPH. KPH reserves the right to amend, change or delete such terms and conditions as it deems appropriate.
12 LEGAL JURISDICTION
12.1 The services provided by KPH and Clinicians shall be governed by the laws of England and Wales, whose courts shall have exclusive jurisdiction.
13 FURTHER CHARGES
13.1 If further investigations or hospital admissions are required either pre- or post-operatively, these will be chargeable to the patient who will be required to pay in full advance.
14.1 KPH will endeavour to process any refund within 30 days.
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