O’Connell Health Limited Terms and Conditions
1. These terms
1.1 These are the terms and conditions on which we supply services to you. Reference to services in these terms include any physiotherapy treatments and exercise classes.
1.2 Please read these terms carefully before you agree to the services. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 We are O’Connell Health Limited a company registered in England and Wales, registration number 11735446. Our registered office is 21 Arnewood Road, Bournemouth, Dorset BH6 5DQ. We are registered with the Information Commissioner’s Office, registration number ZA534856.
2.2 You can contact us by emailing us at firstname.lastname@example.org or by telephoning us on 07789540846 or by writing to us at our trading address of 54a Bridge Street, Christchurch, Dorset BH23 1EB (the clinic).
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 A contract between us will come into existence when we confirm that we can go ahead and provide the services to you. This will usually be when you attend the clinic prior to your appointment and we have assessed whether the relevant treatment or class is suitable for you.
3.2 If we are unable to provide the services, we will not charge you for them. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified that the services are not suitable for you.
4 Changing or cancelling a booking
4.1 As a consumer, for services bought over the phone, by exchange of emails or by using our online booking system, you have a legal right under the Consumer Contract Regulations 2013 to change your mind within 14 days from the date that we accept your order, and to receive a refund. However, if you wish to cancel a booking, please let us know at least 24 hours prior to the date of your treatment session or class so that this space can be offered to others on our cancellation list.
4.2 Your right as a consumer to change your mind does not apply in respect of services once these have been completed, even if the cancellation period is still running.
4.3 If you wish to make a change to the services that you have booked, please contact us or this can be done via the online booking system. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead on that basis.
4.4 We may change the services to reflect changes in relevant laws and regulatory requirements.
5 Providing the services
5.1 We will supply any ongoing services to you (for example, a course of treatment or classes) until we have completed the course, unless the contract is ended in accordance with clause 6 or clause 7.
5.2 If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services paid for but not received.
5.3 We may need certain information from you so that we can assess whether the services you have requested are right for you, for example, medical information. We will ask you for this when you attend the clinic. Please ensure that any information you do provide is complete and correct. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need.
6 Your rights to end the contract
6.1 You may contact us at any time to end the contract for the services, after the cooling off period, but unless one of the reasons in clause 6.2 applies:
(a) in circumstances where you have paid an upfront fee for a course of treatment or classes or have purchased one of our Wellbeing Memberships, you have given the requisite notice (as confirmed in the specific terms of the membership when you purchase); and/or
(b) in the case of one-off treatments or classes, if you fail to attend without giving us 24 hours’ notice, we reserve the right to charge a cancellation fee of 50% of the cost of the treatment session not attended or such other reasonable compensation for the net costs we will incur as a result.
6.2 If you are ending the contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
(a) we have told you about an error in the price or description of the services you have requested and you do not wish to proceed; or
(b) there is a risk the services may be significantly delayed due to events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong.
7 Our rights to end the contract
7.1 We may cease providing the services to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
(c) you are offensive or threatening to our staff or attempt to cause any damage at or to the clinic.
7.2 If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
7.3 We may write to you to let you know that we are going to stop providing the services for any other reason. We will let you know at least 7 days in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.
8 If there is a problem with the services
8.1 If you have any questions or complaints about the services, please contact us so that we can try to rectify the problem. You can contact us by one of the methods set out in paragraph 2.2 above. Alternatively, please speak to one of our staff at the clinic.
8.2 Nothing in these terms will affect your legal rights. Below is a summary of your key legal rights. These are subject to certain exceptions, and for detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
- you can ask us to repeat a service if it’s not carried out with reasonable care and skill, or get some money back if that is not possible.
- if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
9 Price and payment
9.1 The price of the services (which includes VAT) will be the price set out in our price list in force at the date of your booking unless we have agreed another price in writing.
9.2 If the rate of VAT changes between the date you place your booking and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
9.3 Payment should be made as follows:
(a) in the case of one-off services, for example, physiotherapy treatment, payment is due immediately after treatment has been given, before you leave the clinic, unless you have already made an advance payment;
(b) in the case of a course booking, for example a fixed number of Pilates sessions, payment will be required upfront, prior to beginning the course.
9.4 If you have purchased a block of 5 Pilates sessions, you must attend the classes within 2 months of the date of purchase and if you have purchased a block of 10 Pilates sessions, you must attend the classes within 3 months of the date of purchase. Failure to attend within the relevant timescale will mean that any classes not taken will be lost.
9.5 We accept payment via bank transfer, card, cheque or cash.
9.6 If you think our charges are wrong please contact us promptly to let us know.
9.7 If the services you are receiving are being funded by insurance, whilst we will render an invoice directly to your insurer, you will be ultimately responsible for our fees should we be unable to recover part or all of these from the insurer.
10 Our responsibility for loss or damage suffered by you
10.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this 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 prior to us rendering the services.
10.2 We will have no liability to you for any loss whatsoever where this is as a result of you providing us with incomplete or incorrect information which we have requested from you, or if you fail to inform us that you medical circumstances have changes since any previous session.
10.3 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 summarised at clause 8.2.
10.4 We only supply the services for domestic and private use. If you use the services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11 How we may use your personal information
12 Other important terms
12.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
12.2 You may not transfer your rights or your obligations under these terms to another person.
12.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs of these terms 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.
12.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you unable to make a payment when due and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
12.6 These terms 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 services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.