Patient General Terms & Conditions

Patient General Terms & Conditions

Patient General Terms & Conditions

Important, please read carefully.

Your Contract with Phoenix PRIVATE Health Ltd (Company No. 08234964  ‘Phoenix’):

These Terms and Conditions (‘Terms’) along with our invoice for your treatment form your legal contract with Phoenix and you agree to be bound by the Terms. If there is any conflict between these Terms and information on our website, any Phoenix marketing material or any verbal or written information provided to you by any party including Phoenix representatives, these Terms will take precedence.  Phoenix may amend the Terms from time to time, with any new Terms coming into immediate effect and replacing previous version(s) of the Terms.  We will endeavour to inform you before your admission for surgery of any changes to the Terms that will affect you and will publish the updated Terms on our website.  Please ask us if there is anything that you do not understand and we will be happy to provide further explanation.

When issuing your invoice, we will provide you with a copy of the Terms that we request you sign and return to us, indicating your acceptance of the Terms.  However, even if you fail to provide us with a signed copy indicating your written acceptance of the Terms, by making any payment to Phoenix for your treatment (or arranging for a payment to be made to Phoenix on your behalf by a lender of other third party) you agree that you have read and understood these Terms and that you are willing to enter into a legal contract with Phoenix and to be bound by these Terms.  If you do not wish to accept the Terms, you must notify us of this in writing not less than 14 calendar days before your planned surgery date (the ‘Admission Date’).  We will then refund any monies you have paid Phoenix (less any outstanding unpaid pre-operative consultation fees and/or any charges incurred by Phoenix in arranging for your pre-operative assessment and preparation for surgery such as pre-operative blood tests, other investigations and nurse assessments) and cancel your surgery with us.

Your surgery will take place at a hospital nominated by Phoenix (the ‘Hospital’).

At the Hospital, you will be under the care of a surgeon (the ‘Phoenix Consultant’) who is an independent specialist engaged by Phoenix to carry out your treatment.  Phoenix Consultants are responsible for providing their own Medical Malpractice Indemnity and are not employees of Phoenix.  Hospital staff, including nurses, will provide your care under instruction from the Phoenix Consultant.

Hospitals can be busy environments. While we will take all care to ensure the safety of your belongings, neither Phoenix nor the Hospital accepts any responsibility for the loss of, or damage to, any of your or your visitors’ property.

After discharge, aftercare is provided by the Phoenix team of Consultants, senior surgical trainees, dieticians, nurses and psychologists. The team member you see at each visit may sometimes be a surgeon, sometimes one of our other team members, but will always be someone who understands your needs and can make sure you get the right support when you need it.

We will do our best to ensure a satisfactory outcome, but no clinical procedure is entirely risk-free and the results of treatment cannot be guaranteed with complete certainty.

Part A – Payment:

If you wish to reserve a specific operating list for your treatment you must pay a £1,000 ‘Booking Fee’ in advance.  In the event that you cancel your planned treatment the Booking Fee may not be refunded (see PART C below -What Happens if I Decide Not to Go Ahead?).

Your invoice will state the procedure that will be being carried out by Phoenix and the ‘Fixed Price’ for that treatment.

Full payment of the Fixed Price (less any Booking Fee paid) must be received into our account 10 Working Days before the Admission Date.  For the avoidance of doubt, if Phoenix have not received payment in cleared funds into our account before your Admission Date your operation will not go ahead and you will be sent home from the Hospital.

 

We strongly recommend payment by internet/bank BACS transfer (our bank details will be provided on your invoice).

Please note that credit card and non-UK debit card payments will incur a surcharge (currently 2%).

Part B – Your treatment:

What is included in the Fixed Price?

  • All Consultants’ fees while you are in Hospital (unless otherwise stated on your invoice);
  • Your ward accommodation, meals and nursing care at the Hospital, including take home drugs;
  • Operating theatre charges at the Hospital including essential medical and surgical equipment, consumables and prostheses such as a gastric band or balloon if applicable;
  • Blood tests, drugs and dressings, X-rays, scans, dietetic advice and physiotherapy during your post-operative stay in Hospital;
  • Individual one-to-one sessions with our trained psychologists if you purchase Gold Aftercare (8 sessions) and Platinum (16 sessions) Aftercare.
  • Follow-up appointments and/or band adjustments carried out by Phoenix staff, the duration of which varies depending upon the Aftercare Package you purchased (see below);
  • Access to our ABC bariatric fitness programme (duration varies with aftercare package purchased- 3 months Silver; 6 months Gold; 12 months Platinum);

Please note that Phoenix do not offer an insurance policy to cover the cost of treating any complications that might arise; however, we are willing to extend our clinical services to include free treatment of post-operative complications in the circumstances described below:

  • We will not charge you for the treatment of bariatric surgical complications that occur within 3 to 36 calendar months of your Admission Date (duration subject to the type of extended Aftercare Package you purchase at the time of original booking) provided that:
  • this is carried out by Phoenix Consultants at the Hospital. We will not under any circumstances reimburse you for any expenses arising from treatment or investigation of complications by any individual who is not a Phoenix Consultant, hospitals and clinics other than the Hospital, or any other third party; and
  • you have followed the advice of Phoenix’s doctors and other bariatric professionals involved in your care, including the requirement that you attend our clinics for regular follow-up review after your surgery;
  • Phoenix will not pay for treatment or investigation of complications that are not directly related to your bariatric operation (such as gallbladder removal), nor for elective reversal of your operation in the absence of complications covered under these Terms, nor the cost of converting your operation to an alternative bariatric procedure;
  • Non-UK citizens must ensure that they have adequate insurance to cover any costs that might arise as a result of serious complications occurring that require your transfer from the Hospital to an NHS facility for on-going care. Phoenix will not be liable for paying any charges that may result from your treatment in an NHS facility – this will be your responsibility;
  • The final decision as to what constitutes a bariatric surgical complication eligible for treatment at Phoenix’s expense rests with Phoenix, acting reasonably.

For the avoidance of doubt, failure to lose weight and/or weight regain after surgery does NOT constitute a post-operative complication covered under these Terms and will not entitle you to further free surgery with any of our Aftercare Packages.

  • The duration of any extension of our clinical services after your Admission Date for primary bariatric surgery (including the free treatment of any complications that might arise) varies depending on the Aftercare Package you have selected as follows:

Free treatment of complications by Phoenix (Primary Bariatric Surgery): Silver 3 months; Gold 12 months; Platinum 36 months.

(The maximum period of free complications treatment for ALL types of revisional (‘re-do’) surgery is 3 months irrespective of the type of Aftercare Package purchased).

Free consultations/band fills in Phoenix clinics (excludes radiology fees if required):  Silver 2 yrs; Gold 5 yrs; Platinum 10 yrs.

An additional charge may be made in the unusual event that radiology is required to carry out a band adjustment.

What is not included in the Fixed Price?

In addition to specific exclusions above, the following are not included in the Fixed Price. You will be asked to pay for them separately:

  • Your initial outpatient consultation with a consultant bariatric surgeon and any pre-operative tests or investigations that are required;
  • Care not listed in your Invoice as being part of your planned operation package -In the unusual event of unexpected findings during your operation that we feel (acting always in your best interests), require an Additional Unplanned Procedure (because it would be inadvisable to leave the condition untreated, eg. repair of a potentially dangerous hernia etc), Phoenix will issue you with a supplementary invoice for the Additional Unplanned Procedure which it is your responsibility to pay.  If you do not want Phoenix surgeons to undertake any Additional Unplanned Procedures during your operation without your prior consent, please inform them when signing your surgery consent form (there is a space on the form for you to do this).
  • “Sundry Items” such as telephone calls, newspapers and meals for visitors (payable to the Hospital on discharge)
  • Out-patient post-operative blood tests (we ask your GP to do these) and out-patient X-rays or other tests required to investigate and/or diagnose potential problems;
  • Any charges not stated as included in the ‘What is Included in the Fixed Price’ section of these Terms.

Part C – CANCELLATION:

What happens if I decide not to go ahead?

We recognise that you have made an important and life changing decision. It is OK to change your mind but we do ask that you tell us as soon as possible (in writing, by email), or you could incur some charges.

Patients who have paid the Fixed Price and/or a Booking Fee to reserve their Admission Date and who subsequently decide not to proceed to surgery will be entitled to the following refunds.  Please note that we will only refund fees to the cardholder or person who made the original payment:

  • Cancellation more than 14 calendar days before the Admission Date:

You will receive a full refund of any Booking Fee and/or Fixed Price received by Phoenix, less any outstanding unpaid pre-operative consultation fees and/or any charges incurred by Phoenix in arranging for your pre-operative assessment and preparation for surgery (such as pre-operative blood tests, other investigations and nurse assessments).

  • Cancellation less than 14, but more than 7 calendar days before the Admission Date:

You will lose your Booking Fee (£1,000), even if you subsequently re-book your surgery with Phoenix.  You will also be liable to reimburse Phoenix and/or the Hospital for any fees or charges incurred in arranging your admission for surgery (‘Pre-op Fees’).  These include (but not exclusively) any unpaid pre-operative consultation fees, pre-operative blood tests, other investigations and nurse assessments.  You agree to pay any unpaid Pre-op Fees to Phoenix and/or the Hospital on demand.  This will be in addition to your forfeited Booking Fee.

  • Late Cancellation:

A Late Cancellation is a cancellation that arises (for any reason) 7 calendar days or less before the Admission Date.  You will forfeit your Booking Fee and will also be charged a Late Cancellation Fee calculated as 33% of the total Fixed Price fee for the procedure and Aftercare Package you booked (after deduction of the £1,000 booking fee).  At this late stage, it is very difficult for us to replace you with an alternate patient and Phoenix will have lost the opportunity to generate income to cover our overheads.

  • Medical Cancellation:

If your Phoenix Consultant cancels your operation because they consider it is not in your best interests to proceed for medical reasons (‘Medical Cancellation’), we will refund your Booking Fee and any Fixed Price payment you have made, less the costs of any unpaid pre-operative consultation fees and/or Pre-op Fees incurred up until the point of Medical Cancellation.

 

Part D – Other Terms and Conditions:

What happens if my stay is shorter OR LONGER than expected?

If your stay in the Hospital is shorter than anticipated, you will not be entitled to receive a part refund of the Fixed Price paid.

If, with the agreement of the Hospital, you decide to stay in Hospital beyond the date Phoenix considers it is clinically appropriate for you to be discharged, or if you require further inpatient care that is not directly related to your operation, you will be charged an additional fee at the Hospital’s Standard Rates.

What happens if there are technical problems and the surgeon can’t complete my operation?

This scenario is very unlikely, but can happen from time to time.  If during your operation, the doctors felt it was not in your best interests to continue or carry out the planned procedure, you will receive a partial refund of your Fixed Price payment less the costs of care that you have received, including but not limited to deductions for any Phoenix Consultant’s fees and the Hospital charges to Phoenix.

ADDITIONAL SUPPLEMENTS:

Patients with a Body Mass Index (“BMI”) of 50 or more will incur an additional charge of £1,000 above the standard price (£2,000 for those with a BMI of 60 or greater).  For pricing purposes your BMI will be taken as that measured at your first assessment by one of our team.

Patients who have undergone previous open abdominal surgery are likely to have extensive adhesions that can complicate surgery and significantly lengthen operating time. For this reason, an open abdominal surgery supplement (which varies with BMI cut offs of 50 and 60) will be added to your procedure price.

Please note that as with all medical treatments, there is no absolute guarantee of success and it is possible that you will not achieve your desired or predicted weight loss after bariatric surgery.

Failing to do so can be due to a variety of reasons, including failure to adapt to the changes that are required in your eating behaviours and lifestyle. Every patient is unique and we can’t promise that you will meet your personal goals.  Any case studies we use on our website and in promotional or other material are provided for information purposes and do not form any representation as to the weight loss you will achieve. 

 

Part E – Data Protection and Other Legal Issues:

We will store clinical information about you on our clinical management IT system.  This information is stored in an encrypted form on UK-based remote servers.  We use this information for internal administration or anonymised clinical research purposes and in accepting these Terms you are granting us permission to use your personal and clinical data in this way.

We have a legal responsibility to keep all this information held about you confidential. Our obligations are set out in the Data Protection Act 1998.  We will not disclose information about you to any third party without your permission unless there are exceptional circumstances such as when the health and safety of yourself and others is at risk or where the law requires information to be passed on.

However, we do strongly recommend that your GP is kept informed of the specialised care we have given you and we will write to them after each clinic visit and admission.

Unless you tell us in writing that you do not want us to do this, we will assume that you have given us your consent to do so. If you would like us to also send you a copy of your clinical correspondence, just let us know and we’d be happy to oblige!

It is your responsibility to keep us updated of any changes in your contact details and GP, as Phoenix will correspond with you and your GP using your last known contact details.  If you do not keep us updated about your correct correspondence address or GP details there is a risk that confidential clinical information about you contained within posted mail could be unintentionally disclosed to third parties.

Phoenix Private Health Ltd is controlled by Phoenix Surgery Ltd and is authorised by the Financial Conduct Authority (FRN Number 774427) to carry out regulated activities such as Credit Broking (limited to secondary broking).  We may introduce prospective clients to lenders for the purposes of assisting them in obtaining finance to fund or part-fund their bariatric surgery with Phoenix, but we do not provide such finance ourselves.

In the event that any (or any part) of these Terms is declared invalid, unlawful or unenforceable, such terms or conditions (or part of terms) shall be severed. The remaining terms (and parts of terms) shall continue to be valid and enforceable to the fullest extent permitted by law.

Third Party Rights: A person who is not a party to this contract shall not have any rights under or in connection with it.

Applicability: These Terms are applicable to all those who accept treatment from Phoenix regardless as to whether they are citizens of the United Kingdom, European Union (EU) member states or countries outside the EU.

English Law: These Terms are governed by and shall be construed in accordance with English law and English courts shall have exclusive jurisdiction.

I accept and agree to be bound by the Terms:

Signed       ………………………………………………………………………….

Print Name ………………………………………………………………………….

Date          …………………………………………………

15th June 2017

 

 

 

Patient General Terms & Conditions   GASTRIC BALLOON

Important, please read carefully.

Your Contract with Phoenix PRIVATE Health Ltd (Company No. 08234964  ‘Phoenix’):

These Terms and Conditions (‘Terms’) along with our invoice for your treatment form your legal contract with Phoenix and you agree to be bound by the Terms. If there is any conflict between these Terms and information on our website, any Phoenix marketing material or any verbal or written information provided to you by any party including Phoenix representatives, these Terms will take precedence.  Phoenix may amend the Terms from time to time, with any new Terms coming into immediate effect and replacing previous version(s) of the Terms.  We will endeavour to inform you before your admission of any changes to the Terms that will affect you and will publish the updated Terms on our website.  Please ask us if there is anything that you do not understand and we will be happy to provide further explanation.

When issuing your invoice, we will provide you with a copy of the Terms that we request you sign and return to us, indicating your acceptance of the Terms.  However, even if you fail to provide us with a signed copy indicating your written acceptance of the Terms, by making any payment to Phoenix for your treatment (or arranging for a payment to be made to Phoenix on your behalf by a lender of other third party) you agree that you have read and understood these Terms and that you are willing to enter into a legal contract with Phoenix and to be bound by these Terms.  If you do not wish to accept the Terms, you must notify us of this in writing not less than 14 calendar days before your planned procedure date (the ‘Admission Date’).  We will then refund any monies you have paid Phoenix (less any outstanding unpaid pre-operative consultation fees and/or any charges incurred by Phoenix in arranging for your pre-operative assessment and preparation for balloon insertion such as pre-operative blood tests, other investigations and nurse assessments) and cancel your procedure with us.

Your gastric balloon procedure will take place at a hospital nominated by Phoenix (the ‘Hospital’).

At the Hospital, you will be under the care of a surgeon (the ‘Phoenix Consultant’) who is an independent specialist engaged by Phoenix to carry out your treatment.  Phoenix Consultants are responsible for providing their own Medical Malpractice Indemnity and are not employees of Phoenix.  Hospital staff, including nurses, will provide your care under instruction from the Phoenix Consultant.

Hospitals can be busy environments. While we will take all care to ensure the safety of your belongings, neither Phoenix nor the Hospital accepts any responsibility for the loss of, or damage to, any of your or your visitors’ property.

After discharge, aftercare is provided by the Phoenix dieticians.

We will do our best to ensure a satisfactory outcome, but no clinical procedure is entirely risk-free and the results of treatment cannot be guaranteed with complete certainty.

Part A – Payment:

If you wish to reserve a specific operating list for your treatment you must pay a £1,000 ‘Booking Fee’ in advance.  In the event that you cancel your planned treatment the Booking Fee may not be refunded (see PART C below -What Happens if I Decide Not to Go Ahead?).

Your invoice will state the total charge (including any Booking Fee) for your balloon treatment (the ‘Fee’).  The Fee includes both insertion and removal of your gastric balloon (usually 6 months later, or earlier at your request).

Full payment of the Fee (less any Booking Fee paid) must be received into our account 10 Working Days before the Admission Date.  For the avoidance of doubt, if Phoenix have not received payment in cleared funds into our account before your Admission Date your procedure will not go ahead and you will be sent home from the Hospital.

 

We strongly recommend payment by internet/bank BACS transfer (our bank details will be provided on your invoice).

Please note that credit card and non-UK debit card payments will incur a surcharge (currently 2%).

Part B – Your treatment:

What is included in the Fixed Price?

  • All Consultants’ fees (surgeon and anaesthetist) while you are in Hospital for insertion and subsequent removal of the gastric balloon;
  • Your ward accommodation, meals and nursing care at the Hospital, including take home drugs;
  • Operating theatre charges at the Hospital including essential medical and surgical equipment, consumables including the balloon and any balloon retrieval equipment used;
  • Monthly outpatient follow-up consultations with our dietician;
  • Access to the Phoenix 24/7 urgent telephone helpline.

What is not included in the Fixed Price?

  • Your initial outpatient consultation with a consultant bariatric surgeon and any pre-operative tests or investigations that are required;
  • Outpatient consultation fees more than 6 months after your Admission Date (if required);
  • “Sundry Items” such as telephone calls, newspapers and meals for visitors (payable to the Hospital on discharge)
  • Out-patient post-operative blood tests and X-rays or other tests required to investigate and/or diagnose potential problems;
  • Treatment and/or investigations that you undergo by a person other than Phoenix Consultants and/or at a hospital other than the Hospital;
  • Treatment of complications by Phoenix at the Hospital if these occur more than 30 calendar days after your original surgery;
  • Any charges not stated as included in the ‘What is Included in the Fixed Price’ section of these Terms.

Part C – CANCELLATION:

What happens if I decide not to go ahead?

It is OK to change your mind, but we do ask that you tell us as soon as possible (in writing, by email), or you could incur some charges.

Patients who have paid the Fee and/or a Booking Fee to reserve their Admission Date and who subsequently decide not to proceed to balloon insertion will be entitled to the following refunds.  Please note that we will only refund fees to the cardholder or person who made the original payment:

  • Cancellation more than 14 calendar days before the Admission Date:

You will receive a full refund of any Booking Fee and/or the Fee received by Phoenix, less any outstanding unpaid pre-operative consultation fees and/or any charges incurred by Phoenix in arranging for your pre-operative assessment and preparation for balloon insertion (such as pre-operative blood tests, other investigations and nurse assessments).

  • Cancellation less than 14, but more than 7 calendar days before the Admission Date:

Your Booking Fee (£1,000), will be forfeited in full, even if you subsequently re-book your balloon insertion with Phoenix.  You will also be liable to reimburse Phoenix and/or the Hospital for any fees or charges incurred in arranging your admission (‘Pre-op Fees’).  These may include (but not exclusively) any unpaid pre-operative consultation fees, pre-operative blood tests, other investigations and nurse assessments.  You agree to pay any unpaid Pre-op Fees to Phoenix and/or the Hospital on demand.  This will be in addition to your forfeited Booking Fee.

  • Late Cancellation:

A Late Cancellation is a cancellation that arises (for any reason) 7 calendar days or less before the Admission Date.  You will forfeit your Booking Fee and will also be charged a Late Cancellation Fee calculated as 33% of the Fee.  At this late stage, it is very difficult for us to replace you with an alternate patient and Phoenix will have lost the opportunity to generate income to cover our overheads.

  • Medical Cancellation:

If your Phoenix Consultant cancels your balloon insertion before your procedure because they consider it is not in your best interests to proceed for medical reasons (‘Medical Cancellation’), we will refund your Booking Fee and the Fee you have paid, less the costs of any unpaid pre-operative consultation fees and/or Pre-op Fees incurred up until the point of Medical Cancellation.

 

Part D – Other Terms and Conditions:

What happens if my stay is LONGER than expected?

Your treatment is carried out with sedation or light general anaesthesia as a day case.

If, with the agreement of the Hospital, you decide to stay in Hospital beyond the date Phoenix considers it is clinically appropriate for you to be discharged, or if you require further inpatient care that is not directly related to your operation, you will be charged an additional fee at the Hospital’s Standard Rates.

What happens if there are technical problems and the surgeon can’t complete my operation?

This scenario is very unlikely, but can happen from time to time.  If during your operation, the doctors felt it was not in your best interests for the balloon to be inserted or to carry out the planned procedure (eg the presence of a very large hiatus hernia or peptic ulceration on endoscopy), you will receive a partial refund of the Fee you paid (to be determined by Phoenix) less the costs of care that you have received, including but not limited to deductions for any Phoenix Consultant’s fees and the Hospital charges to Phoenix.

What happens if I can’t tolerate the balloon and request early removal?

You will not be entitled to any refund or partial refund of the Fee.

What happens if I DON’t lose the expected amount of weight or regain weight?

You will not be entitled to any refund or partial refund of the Fee.

Please note that as with all medical treatments, there is no absolute guarantee of success and it is possible that you will not achieve your desired outcome after surgery.

 

Part E – Data Protection and Other Legal Issues:

We will store clinical information about you on our clinical management IT system.  This information is stored in an encrypted form on UK-based remote servers.  We use this information for internal administration or anonymised clinical research purposes and in accepting these Terms you are granting us permission to use your personal and clinical data in this way.

We have a legal responsibility to keep all this information held about you confidential. Our obligations are set out in the Data Protection Act 1998.  We will not disclose information about you to any third party without your permission unless there are exceptional circumstances such as when the health and safety of yourself and others is at risk or where the law requires information to be passed on.

However, we do strongly recommend that your GP is kept informed of the care we have given you and we will write to them after each clinic visit and admission.  Unless you tell us in writing that you do not want us to do this, we will assume that you have given us your consent to do so. If you would like us to also send you a copy of your clinical correspondence, just let us know and we’d be happy to oblige!

It is your responsibility to keep us updated of any changes in your contact details and GP, as Phoenix will correspond with you and your GP using your last known contact details.  If you do not keep us updated about your correct correspondence address or GP details there is a risk that confidential clinical information about you contained within posted mail could be unintentionally disclosed to third parties.

Phoenix Private Health Ltd is controlled by Phoenix Surgery Ltd and is authorised by the Financial Conduct Authority (FRN Number 774427) to carry out regulated activities such as Credit Broking (limited to secondary broking).  We may introduce prospective clients to lenders for the purposes of assisting them in obtaining finance to fund or part-fund their bariatric surgery with Phoenix, but we do not provide such finance ourselves.

In the event that any (or any part) of these Terms is declared invalid, unlawful or unenforceable, such terms or conditions (or part of terms) shall be severed. The remaining terms (and parts of terms) shall continue to be valid and enforceable to the fullest extent permitted by law.

Third Party Rights: A person who is not a party to this contract shall not have any rights under or in connection with it.

Applicability: These Terms are applicable to all those who accept treatment from Phoenix regardless as to whether they are citizens of the United Kingdom, European Union (EU) member states or countries outside the EU.

English Law: These Terms are governed by and shall be construed in accordance with English law and English courts shall have exclusive jurisdiction.

I accept and agree to be bound by the Terms:

Signed       ………………………………………………………………………….

Print Name ………………………………………………………………………….

Date          …………………………………………………

15th June 2017

 

 

 

Patient General Terms & Conditions 12-MONTH BAND AFTERCARE PACKAGE

Important, please read carefully.

Your Contract with Phoenix PRIVATE Health Ltd (Company No. 08234964  ‘Phoenix’):

These Terms and Conditions (‘Terms’) along with our invoice for your treatment form your legal contract with Phoenix and you agree to be bound by the Terms. If there is any conflict between these Terms and information on our website, any Phoenix marketing material or any verbal or written information provided to you by any party including Phoenix representatives, these Terms will take precedence.  Phoenix may amend the Terms from time to time, with any new Terms coming into immediate effect and replacing previous version(s) of the Terms.  We will endeavour to inform you before your admission for surgery of any changes to the Terms that will affect you and will publish the updated Terms on our website.  Please ask us if there is anything that you do not understand and we will be happy to provide further explanation.

When issuing your invoice, we will provide you with a copy of the Terms that we request you sign and return to us, indicating your acceptance of the Terms.  However, even if you fail to provide us with a signed copy indicating your written acceptance of the Terms, by making any payment to Phoenix for your treatment (or arranging for a payment to be made to Phoenix on your behalf by a lender of other third party) you agree that you have read and understood these Terms and that you are willing to enter into a legal contract with Phoenix and to be bound by these Terms.  If you do not wish to accept the Terms, you must notify us of this in writing not less than 7 calendar days before your first outpatient consultation with us.  We will then refund any monies you have paid Phoenix.

Aftercare is provided by the Phoenix team of Consultants, senior surgical trainees, dieticians and nurses. The team member you see at each visit may sometimes be a surgeon, sometimes one of our other team members, but will always be someone who understands your needs and can make sure you get the right support when you need it.

We will do our best to ensure a satisfactory outcome, but no clinical procedure is entirely risk-free and the results of treatment cannot be guaranteed with complete certainty.

Part A – Payment:

Your invoice will state the charge for your aftercare package (‘the Fees’).

The Fees are currently set at £1,000 (paid in advance), but Phoenix reserve the right to vary the Fees in future should you wish to renew or extend your aftercare with us.

Full payment of the Fees must be received into our account prior to your first outpatient assessment with Phoenix.

 

We strongly recommend payment by internet/bank BACS transfer (our bank details will be provided on your invoice).

Please note that credit card and non-UK debit card payments will incur a surcharge (currently 2%).

Part B – Your treatment:

What is included in MY AFTERCARE PACKAGE?

  • Outpatient follow-up consultations and band adjustments (unlimited number) for 12 calendar months, commencing on the day of your initial assessment with us. The usual minimum duration between outpatient visits is 4 weeks.
  • Access to the Phoenix 24/7 urgent helpline.

What is not included in MY AFTERCARE PACKAGE?

  • Out-patient post-operative blood tests and X-rays or other tests required to investigate and/or diagnose potential problems;
  • Treatment and/or investigations in hospital as an inpatient or day case;
  • Treatment of any band complications that may arise during the term of your aftercare package;
  • Treatment or investigations carried out by any third party other than Phoenix;
  • Psychology sessions (these can be arranged on request, but will incur an additional charge);
  • Access to the Phoenix ABC Fitness Programme (this can be arranged on request, but will incur an additional charge);
  • Any charges not stated as included in the ‘What is Included in the Fixed Price’ section of these Terms.

 

 

 

Part C – OTHER TERMS AND CONDITIONS:

What happens if I decide not to go ahead?

If you cancel your initial assessment appointment without giving us at least 7 calendar day’s notice (in writing, by email), we will deduct a standard new patient assessment charge (£150) from the Fees you have paid us and then refund the remaining balance to you. If you give us more notice than this we will refund the Fees in full.

Please note that we will only refund fees to the cardholder or person who made the original payment:

What happens if I decide TO STOP SEEING THE PHOENIX TEAM AFTER MY INITIAL ASSESSMENT?

No refunds will be given.

What happens if I DON’t NEED MONTHLY CONSULTATIONS OR MANY BAND ADJUSTMENTS?

No refunds will be given.

What happens if I DON’t LOSE ENOUGH/ANY WEIGHT?

No refunds will be given

Please note that as with all medical treatments, there is no absolute guarantee of success and it is possible that you will not achieve your desired outcome after surgery, even with the support of our aftercare team.

 

Part E – Data Protection and Other Legal Issues:

 

We will store clinical information about you on our clinical management IT system.  This information is stored in an encrypted form on UK-based remote servers.  We use this information for internal administration or anonymised clinical research purposes and in accepting these Terms you are granting us permission to use your personal and clinical data in this way.

We have a legal responsibility to keep all this information held about you confidential. Our obligations are set out in the Data Protection Act 1998.  We will not disclose information about you to any third party without your permission unless there are exceptional circumstances such as when the health and safety of yourself and others is at risk or where the law requires information to be passed on.

However, we do strongly recommend that your GP is kept informed of the care we have given you and we will write to them after each clinic visit and admission.  Unless you tell us in writing that you do not want us to do this, we will assume that you have given us your consent to do so. If you would like us to also send you a copy of your clinical correspondence, just let us know and we’d be happy to oblige!

It is your responsibility to keep us updated of any changes in your contact details and GP, as Phoenix will correspond with you and your GP using your last known contact details.  If you do not keep us updated about your correct correspondence address or GP details there is a risk that confidential clinical information about you contained within posted mail could be unintentionally disclosed to third parties.

Phoenix Private Health Ltd is controlled by Phoenix Surgery Ltd and is authorised by the Financial Conduct Authority (FRN Number 774427) to carry out regulated activities such as Credit Broking (limited to secondary broking).  We may introduce prospective clients to lenders for the purposes of assisting them in obtaining finance to fund or part-fund their bariatric surgery with Phoenix, but we do not provide such finance ourselves.

In the event that any (or any part) of these Terms is declared invalid, unlawful or unenforceable, such terms or conditions (or part of terms) shall be severed. The remaining terms (and parts of terms) shall continue to be valid and enforceable to the fullest extent permitted by law.

Third Party Rights: A person who is not a party to this contract shall not have any rights under or in connection with it.

Applicability: These Terms are applicable to all those who accept treatment from Phoenix regardless as to whether they are citizens of the United Kingdom, European Union (EU) member states or countries outside the EU.

English Law: These Terms are governed by and shall be construed in accordance with English law and English courts shall have exclusive jurisdiction.

 

I accept and agree to be bound by the Terms:

 

Signed       ………………………………………………………………………….

Print Name ………………………………………………………………………….

Date          …………………………………………………

 

15th June 2017

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