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TERMS AND CONDITIONS OF BUSINESS
Animal Trust Limited (“ATL” or “we” or “us”) trading as the “Animal Trust” is a not-for- profit private company limited by guarantee incorporated and registered in England and Wales with company number 07966469 and whose registered office is located at Animal Trust Administration Centre, Cedab Road, Ellesmere Port,CH65 4FE.
ATL is proud to be a not-for-profit company, which broadly speaking means that its profits must be kept within the business to further the objectives of the company. Consequently we are not driven by shareholder profits; we aim to provide and enhance veterinary care, to encourage responsible animal ownership and promote animal welfare.
The below terms and conditions (the “Terms”) will apply on each and every occasion that you ask us to provide veterinary care and/or related services to your animal(s). We respectfully ask you to take the time to read and understand the Terms and inform us immediately if there is anything within the Terms that you require clarifying or that you do not accept or understand, before we commence the provision of veterinary care and/or related services to your animal(s). The Customer’s attention is particularly drawn to the provisions of the clause entitled “limitation of liability”.
- Professional care and related services
All aspects of the veterinary care and/or related services provided to your animal(s) will be supplied by or under the direction of a suitably qualified veterinary surgeon. We will act within in the guidelines set by the Royal College of Veterinary Surgeons (RCVS) and act in the best interest of your animal(s). We reserve the right at any time and for any reason to refuse to supply your animal(s) with veterinary care and/or related services and in the event of this we will notify you in accordance with the RCVS guidelines.
It is your duty to provide us with complete, accurate and up to date information in relation to your animal(s) and keep us up to date with accurate information at all times. If anything changes (with regards to your animal(s)) then we should be informed immediately. It is also your duty to inform us if your animal(s) is in some way unusual, rare, dangerous or has an estimated sale value of greater than £5,000.
Registering with ATL entitles you to use the services provided by ATL in accordance with ATL’s terms, conditions and procedures in return for payment of the appropriate fee. ATL does not normally charge for an initial registration of a client.
ATL may at anytime by giving notice in writing terminate your registration with ATL, in which case you will be required to use the services of another veterinary surgeon. ATL will provide you with 7 days notice of termination of registration.
You will be automatically deemed to no longer be registered with ATL (and no notice is needed) if any of the following apply
a) You have not used ATLs services within the last 18 months
b) You have received treatment at another veterinary surgery since receiving treatment at an ATL surgery (or since registering with ATL if you have never received treatment at an ATL surgery), and you were not referred to that surgery as part of ATL’s referral process.
c) You are threatening or abusive to a member of ATL’s staff
You may cancel your registration with ATL at any time and ATL will provide (with reasonable notice) a copy of your Animals clinical records to another veterinary surgeon of your choice. If you wish to re-register with Animal Trust, it is at Animal Trusts sole discretion and a discretionary re-registraiton fee may be charged
4. Estimates and Fees
All fees and charges quoted are estimates only (valid for a period of 30 days) and we reserve the right to increase our fees in the event of actual time spent or the cost of drugs. To that end, the fee payable will be calculated in accordance with the actual procedures (and related costs such as drugs) which has been done in the provision of veterinary care and/or related services to your animal(s). All prices are subject to VAT at the appropriate rate and shall be added to your account. A detailed breakdown of all fees will be provided on request at the time your account is due to be paid, on the day of treatment. We reserve the right to charge an administrative fee of £25 to any account not settled at the time of treatment.
5. Payment Methods
Any accounts may be paid by debit or credit card (Switch, Solo, MasterCard, Visa, Delta). Cheques and cash are not normally accepted.
6. Procedures for second opinions and referrals
Where it is necessary for your animal(s) to have a procedure or see a veterinary surgeon with an area of expertise not offered by ATL, ATL will arrange a referral to another veterinary surgeon. ATL will liaise directly with the other veterinary surgeon to arrange continuity of care, but it will be your responsibility to arrange transport of your animal(s) to that veterinary surgeon. ATL will act in what it considers the best interests of your animal(s) when arranging referrals. If you wish to seek a second opinion ATL will make available records to another veterinary surgeon of your choice, with reasonable notice.
7. Provision of Out of Hours Care
In the event of your animal(s) needing veterinary attention outside normal working hours please call the normal practice number where you will be directed to the out of hours services. Different clinics have different out of hours providers the details of which can be found at www.animaltrust.org.uk. You are responsible for payment of any changes for out of hours treatment whether at Animal Trust or another provider
8. Home Visits
ATL recommends where possible to bring your animal(s) to the surgery where we will have access to medicines and equipment we may need. At the discretion of the veterinary surgeon and only where it is considered in your animal’s interest, the veterinary surgeon may choose to visit your animal(s) away from the surgery. A visitation fee is applicable.
9. Prescriptions and medications
If your animal(s) requires repeat medication please email or telephone the request to the practice well in advance (at least 2 weekdays) before the medication is needed. The veterinary surgeon may prescribe relevant veterinary medicinal products only following a clinical assessment of an animal(s) under his or her care. You will be informed, on request, of the price of any medicine that may be prescribed for your animal(s). The general policy of this practice is to re-assess an animal (s) requiring repeat prescriptions for/supplies of relevant veterinary medicinal products every 1 to 6 months, but this may vary with individual circumstances. There is currently no charge for a re-examination consultation. Prescriptions are available from the practice. You may obtain relevant veterinary medicinal products from ATL or ask for a prescription and obtain these medicines from another veterinary surgeon or a pharmacy. A fee is applicable to the issue of each item on a prescription. A prescription may not be appropriate if your animal(s) is an in-patient or immediate treatment is necessary.
10. Time for Payment
Your account is payable after each consultation / the day of treatment or the provision of each stage of the veterinary care and/or related services. For some procedures we offer a discount if you pay in advance of the procedure. ATL reserves the right to request payment (or part payment) up front in its absolute discretion. In the event of late payment, we reserve the right to charge interest from the due date up until the time of payment (or judgement) at the rate of 4% per annum (compounded quarterly) above the base rate of the National Westminster Bank Plc. You agree to indemnify ATL in respect of all of its reasonable professional costs (including solicitor’s fees) in relation to the enforcement of an outstanding account.
11. Privacy and Confidentiality
12. Ownership of Records
All medical records, information or data (in whatever media) held, produced or created in relation to your animal(s) and/or its related investigation and prognosis, remain the sole property of ATL. In exchange for a discretionary small administrative fee, ATL may agree to provide you with copies.
13. Pet Insurance
ATL recommend you take out medical insurance for your animal(s). ATL will normally require you to pay for the treatment and then reclaim the cost from your insurer. If you are unable to pay for the treatment directly then you should inform us at the initial consultation (or as soon as reasonably practicable).
14. Limitation of Liability
ATL shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the veterinary care and/or related services. ATL’s total liability to you (or anyone else) in respect of all other losses arising under or in connection with the veterinary care and/or related services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed 5x the treatment cost in respect of the particular piece of veterinary care being undertaken. Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
15. Data protection
In this clause, the following definitions apply:
Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
Data Subject: has the meaning given in the Data Protection Legislation.
GDPR: General Data Protection Regulation ((EU) 2016/679).
Personal Data: has the meaning given in the Data Protection Legislation.
a) ATL will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, ATL’s obligations under the Data Protection Legislation.
b) You acknowledge that in carrying out its obligations under the Contract, and for the purposes of the Data Protection Legislation, ATL may be the data processor and the data controller (where Data Processor and Data Controller have the meanings as defined in the Data Protection Legislation).
c) ATL shall, in relation to any Personal Data controlled or processed in connection with the performance by ATL of our obligations under these Terms:
i) only process any Personal Data that is necessary to carry out ATL’s obligations under the Terms or if otherwise only in accordance with your written instructions;
ii) ensure that ATL has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
iii) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
ivnot transfer any Personal Data outside of the European Economic Area unless your prior written consent has been obtained and the following conditions are fulfilled:
A) ATL has provided appropriate safeguards in relation to the transfer;
B) the Data Subject has enforceable rights and legal remedies;
C) ATL comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
D) ATL complies with reasonable instructions notified by you with respect to the processing of the Personal Data;
v) notify you without undue delay on becoming aware of a Personal Data breach;
vi) at your request, delete or return Personal Data and copies thereof unless required by applicable legislation to store the Personal Data;
vii) maintain complete and accurate records and information to demonstrate our compliance with this clause and
16. Complaints and professional standards
ATL strives to provide the highest possible standards of veterinary care and/or related services but in the unlikely event that you wish to raise a grievance, we recommend in the first instance bringing it to the attention of the veterinary surgeon you have been dealing with. If this does not resolve your concern satisfactorily then please request a complaint form and send it to the customer service manager of your local clinic. We will aim to respond to your complaint within 15 working days. All veterinary surgeons are registered with the Royal College of Veterinary Surgeons, further information on complaints to them can be found at www.rcvs.org.uk.
All letters and notifications in connection with the veterinary care and/or related services should be sent to your ususal clinic. Any variation to these Terms must be agreed in writing by a Companies House Director or ATL. ATL reserves the right to amend the terms and conditions at any time and will provide updated terms and conditions on www.animaltrust.org.uk, and display them in the surgery. If you wish to be posted a copy of ATL’s terms and conditions at any time then please notify us in writing. If you instruct us to commence the provision of veterinary care and/or related services to your animal then you are deemed to have read and accepted the terms and conditions in place from time to time. ATL welcome your feedback in relation to any aspect of our veterinary care and/or related services.