Terms & Conditions

 

 

PATIENT GENERAL TERMS & CONDITIONS IMPORTANT, PLEASE READ CAREFULLY.

YOUR CONTRACT WITH PHOENIX PRIVATE HEALTH LTD

 

These Terms and Conditions (‘Terms’) and where appropriate, the Schedules appended to it, set out the basis on which Phoenix Private Healthcare LTD (registered company number 08234964), hereinafter referred to as ‘Phoenix’, ‘we’, ‘us’, ‘our’ will provide the Treatment to you. These Terms, its Schedules (where relevant) and our invoice for your treatment form your legal contract with Phoenix.

 

By signing these Terms, you agree to be bound by them.

 

These Terms take precedence over the contents of written material provided by Phoenix including, but not limited to, any information provided on our website, including all forms of social media, and in any written leaflets or guides, save where the leaflets or guides describe the medical procedure which is to be undertaken which is referred to in these Terms as ‘Patient Pack’ and/or any oral representations made by employees, sub-contractors or persons otherwise engaged by us, the Consultant and/or any Medical Staff.

 

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 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.

 

1. Definitions and Interpretation

 

1.1 The following definitions and rules of interpretation shall apply to these Terms:

 

Additional Unplanned Procedure	any procedure other than the Treatment that is found prior to the Treatment taking place or, during the course of the Treatment, which is carried out by the Consultant and charged for in addition to the Fixed Price.
Admission Date	the date on which you are intended to be admitted to Hospital to commence your Treatment, as specified on our invoice.
Aftercare Document	means the document provided by us, explaining the types of Aftercare Packages available and the services provided under them.
Aftercare Package	means either the Silver Aftercare, Gold Aftercare or Platinum Aftercare, as purchased by you and described in the Aftercare Document. You must purchase at least one of the Aftercare Packages.
Booking Fee	the sum of £1,000.
BMI	body mass index.
Complication Cover Period	the period commencing on the date Admission Date and expiring: (a)      3 months thereafter for Silver Aftercare; (b)      12 months thereafter for Gold Aftercare; and (c)       36 months thereafter for Platinum Aftercare.
Consent Form	The form provided by us, obtaining your informed consent to the Treatment.
Consultant	means the surgeon, an independent specialist engaged by Phoenix to carry out your Treatment. They shall be a person holding themselves out to be a qualified medical practitioner registered with the GMC to practice medicine within the United Kingdom.
Consultation	means a pre-procedure meeting between you and the Consultant, dietitian and psychologist (if applicable) to decide on the most appropriate treatment for you and, your suitability for the treatment considered.
Consultation Fee	the fee of £250 payable by you for the Consultation.
Contract	means the legally binding agreement made between you and us, on the basis of these Terms and our invoice.
Fixed Price	is the total price payable by you for the Treatment, as detailed on our invoice.
GMC	means the general medical council.
Gold Aftercare	the aftercare services described within the Aftercare Document and clause 5.6.
Hospital	the location at which your Treatment will be carried out, as nominated by us.
Late Cancellation Fee	a fee charged for late cancellation of the Contract, as described in clause 8.3(c).
Medical Staff	consultants, senior surgical trainees, dieticians, nurses and psychologists.
Patient Pack	refers to the information supplied by us, in paper and any electronic format, including but not limited to; all of our websites and on social media.
Platinum Aftercare	the aftercare services described within the Aftercare Document and clause 5.6.
Pre-op Fees	has the meaning provided to it in clause 8.3(b).
Privacy Policy	Privacy Policy – Phoenix Health (phoenix-health.co.uk)
Silver Aftercare	the aftercare services described within the Aftercare Document and clause 5.6.
Treatment	the medical procedure/operation to be carried out by the Consultant, as specified on our invoice.
Working Day	means a day other than a Saturday or Sunday, or public holiday, when banks in London are open for business.
you / your	means any person who has entered into a contract (on these Terms) with Phoenix and the Consultant for the provision of a Treatment. The outcome of the Treatment remains at all times the responsibility of the Consultant with whom you contract with separately in accordance with these Terms.

 

1.2 Any reference to a clause is a reference to a clause or subclause of these Terms.

1.3 The headings in these Terms are for convenience only and shall not affect its construction.

1.4 Where the context permits, words importing one gender shall be treated as importing any gender.

1.5 Words in the singular shall include the plural and vice versa.

1.6 A reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment, and includes any subordinate legislation for the time being in force made under it.

1.7 These Terms will apply to any Treatment which you undergo, including but not limited to the originally agreed Treatment, any subsequent treatments/procedures carried out without further charge to you that are related to the original Treatment and will apply to all procedures/treatment until the Consultant has discharged you from further follow up.

 

2. Contract formation and use of Consultants

 

• When you book a Consultation, we will provide you with a copy of the Terms. If you wish to proceed with a Treatment, you must sign and return a copy of these Terms to us, indicating your acceptance of the
• The Contract between you and us, shall form upon the date that we confirm receipt of your signed Terms.
• Before appointing a Consultant, we will check and confirm that the Consultant is registered with the GMC and request to see a copy of their insurance. We do not at any circumstance obtain a copy of the Consultant’s entire insurance policy documents and nor do we make any warranties in respect of the content of the same. Should you have any questions regarding the Consultant’s level and type of insurance, and the extent of what is covered by their insurance policy, you should raise these directly with the Consultant prior to undergoing your Treatment.
• The Consultant is solely responsible for maintaining their insurance as appropriate (including without limitation medical malpractice indemnity) and in line with the recommendations by the GMC. This includes without limitation; any appropriate run-off cover and informing their insurers at the appropriate opportunity of any potential claim.
• The Consultant shall always make its own clinical decisions. You accept and warrant, having read and understood these Terms that no cause of action in negligence and/or breach of contract will accrue against Phoenix for any treatment carried out by the Consultant. You further accept and warrant that you have read and understood the Patient Pack and fully understand the range of possible outcomes of the proposed Treatment. For the avoidance of doubt and subject to the provisions of clause 10.3. Phoenix is not vicariously or in any other way whatsoever liable for the negligent acts and omissions and/or breaches of contract and/or statutory duty by the self-employed Consultant. Such liability remains with the Consultant.
• The Consultant is responsible for, but not limited to, the procedure pre-operative, consultation process, obtaining your informed consent using our Consent Form, your discharge from the Hospital, the outcome of the Treatment and any of the surgical aspects of the Treatment for which they are professionally responsible and the delivery of your chosen Aftercare Package, where you have purchase Gold Aftercare or Platinum Aftercare.
• Where your treatment consists of a gastric balloon procedure, the terms and conditions set out in Schedule 1 shall apply in addition to the terms and conditions set out in these Terms. Please read Schedule 1 and familarise yourself with its provisions.
• Where your treatment consists of an elipse balloon procedure, the terms and conditions set out in Schedule 2 shall apply in addition to the terms and conditions set out in these Terms. Please read Schedule 2 and familarise yourself with its provisions.

 

3. Your obligations and Treatment

 

• This Contract is conditional upon the Consultant’s acceptance of you based upon the information given by you during the Consultation. Your Consultation(s) will be carried out prior to the issuing of any invoice for the cost of the Treatment. The decision to carry out the Treatment shall be at the discretion of the Consultant but shall take in to account the views of the Consultant, dietician, and psychologist (if applicable) that met with you during the Consultation.
• You must provide us, the Consultant and the Medical Staff with a health history that is honest, accurate, reliable, and complete. You accept and understand that withholding any medical information could be detrimental to your health and safety and may result in cancellation of the Treatment with no refund. You agree that, if any change occurs in your medical history or status, you will inform us and the Consultant without delay. Failure to provide this very important medical history will be treated by us as a material breach of the Contract by you.
• The minimum age to undergo the Treatment is 18 years. Phoenix, the Consultant, and/or any Medical Staff may request to see your photographic ID to prove your age and identity. You must provide this identification upon request and failure to do so may result in the cancellation of your Treatment without a refund being issued.
• You agree that the Consultations are designed to ensure that you and the Consultant have fully agreed the Treatment that has been planned, and that you understand before the Treatment, the potential risks and benefits of it and have provided your informed consent for the Treatment to be undertaken.
• You will be required to sign a Consent Form prior to the Treatment taking place.
• Your Treatment will take place at a Hospital nominated by us.
• At the Hospital, you will be under the care of a Consultant who is an independent specialist engaged by Phoenix to carry out your Treatment. Hospital staff, including nurses, will provide your care under instruction from the Consultant.
• Hospitals can be busy environments. While we will take all care to ensure the safety of your belongings, neither Phoenix nor the Hospital or Consultant accepts any responsibility for the loss of, or damage to, any of your or your visitors’ property.
• After discharge, aftercare is provided by the Medical Staff. 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. We do not under any circumstance guarantee any particular outcome or result from you undergoing the Treatment.
• Please note that as with all medical treatments, there is absolutely no guarantee of success, and it is possible that you will not achieve your desired or predicted weight loss after the Treatment. Failing to do so can be due to a variety of reasons, including without limitation, failure to adapt to the changes that are required in your eating behavior 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.

 

4. Price and Payment

 

For intragastric balloons and elipse balloon, please also read the price and payment terms set out in Schedules 1 and 2.

 

• To commence any sort of treatment with us, you must first have a Consultation and pay the Consultation Fee. The Consultation Fee is non-refundable if you decide not to proceed with any particular treatment.
• If you wish to reserve a specific operating list for your Treatment you must pay the Booking Fee in If you cancel your planned Treatment the Booking Fee may not be refunded.
• Your invoice will state the Treatment that will be being carried out by Phoenix and the Fixed Price for that
• Full payment of the Fixed Price (less any Booking Fee paid) must be paid in full to Phoenix, at least 10 Working Days before the Admission For the avoidance of doubt, if Phoenix have not received full payment in cleared funds into our nominated bank account at least 10 Working Days before your Admission Date your Treatment will not go ahead, and you will be sent home from the Hospital. In such circumstances we will accept no liability or any responsibility for the failure to commence your Treatment on the Admission Date.
• Payment should be made by BACS or CHAPS transfer to the bank account nominated by us, and as specified on our invoice. Please note that we only accept credit card payments for gastric balloon treatment.
• 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). If you request for us to do so, we may introduce you to third party lenders for the purposes of assisting you with obtaining finance to fund or part-fund your Treatment. We do not provide such finance ourselves and any finance you obtain from a third-party lender shall be subject to the terms of any lending agreement issued by that lender. That agreement is outside the scope of our Contract with you.
• Irrespective of the terms upon which you obtain any finance for the Treatment, the full Fixed Price must be paid to us at least 10 Working Days before the Admission Date, for your Treatment to go ahead.

 

5. What is included in the Fixed Price?

 

For intragastric balloon and elipse balloon please also read the inclusions contained within Schedules 1 and 2.

 

• The following are included within 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 Aftercare (16 sessions).
• Follow-up appointments and/or band adjustments carried out by Medical Staff, the duration of which varies depending upon the Aftercare Package you purchased (see below).
  • 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 entering into the Contract) provided that:
• this is carried out by a Consultant at the 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 Consultant, hospitals and clinics other than the Hospital, or any other third party;
• 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 Treatment;
• Phoenix’s liability to provide free treatment of complications is not continuing or enduring. Should an eligible complication arise during the Complication Cover Period we will only treat that complication at our expense for the duration of that Complication Cover Period. The costs of any ongoing treatment or investigation or monitoring of any complication including those that arise during the Complication Cover Period will not be paid by Phoenix once the Complication Cover Period has expired although you will continue to benefit from your entitlement to free outpatient consultations associated with your extended Aftercare Package, details of which are available on our website.
• In the event that a post-operative complication arises Phoenix reserves the right at its absolute discretion and without any financial or other recompense to you to transfer your care to an NHS facility of our choice if in the reasonable view of our Medical Staff or the senior management of the Hospital this would be advisable in order to provide you with the type or level of care you will or are likely to require.
  • Investigations and tests to diagnose or exclude possible bariatric surgical complications are not part of the extended services that Phoenix offer free of charge during the Complication Cover Period or We will only pay for such investigations and tests at our absolute discretion. We 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 physical complications covered under these Terms. We will not cover the cost of converting your operation to an alternative bariatric procedure; nor will we cover the cost of investigation and treatment of any non-surgical complications that may arise after Treatment even if they have or might have resulted directly or indirectly from your bariatric surgery.
  • 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 and this will be your sole and full responsibility.
  • The final decision as to what constitutes a bariatric surgical or physical complication eligible for treatment at Phoenix’s expense rests with Phoenix, acting reasonably and in accordance with these Terms. For the avoidance of doubt, failure to lose weight and/or weight regain after Treatment 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:
• Complication Cover Period for free treatment of eligible complications by Phoenix (Primary Bariatric Surgery): Silver Aftercare 3 months; Gold Aftercare 12 months; Platinum Aftercare 36 (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 Aftercare 2 years; Gold Aftercare 5 years; Platinum Aftercare 10 years. An additional charge may be made in the unusual event that radiology is required to carry out a band adjustment.

 

6. What is excluded from the Fixed Price?

 

For intragastric balloon and elipse balloon please also read the exclusions contained within Schedules 1 and 2.

 

• In addition to the specific exclusions set out above, the following are not included in the Fixed If required, you must pay for these separately and in addition to the Fixed Price:

• Your initial outpatient consultation with a consultant bariatric surgeon and any pre-operative tests or investigations that are required (including without limitation, the Consultation Fee and any Pre-op Fees).
• Care not listed in your invoice as being part of your planned operation package. In the unusual event of unexpected findings during your Treatment that we feel (acting always in your best interests), require an Additional Unplanned Procedure (because it would be inadvisable to leave the condition untreated, e.g. repair of a potentially dangerous hernia), Phoenix will issue you with a supplementary invoice for the Additional Unplanned Procedure which you must pay in full. If you do not want the Consultant to undertake any Additional Unplanned Procedures during your Treatment without your prior consent, please inform them when signing your 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 clause 5 above.
  • If you have a BMI of 50 or more (but less than 60), the cost of your Treatment 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.
  • If you have undergone previous open abdominal surgery, you 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 the price of your Treatment.
  • Surgery with Professor Kerrigan incurs an additional supplement (currently £1,500), but this will only happen if you specifically request him as your surgeon; you will always be offered the option of an alternative consultant surgeon who does not attract this supplementary charge.

 

7. Confidentiality

 

• Both you and we agree that all matters relating to your Treatment will be kept as confidential save where we are required to disclose such material to relevant members of medical and other staff at Phoenix and/or the Consultants or Medical Staff and/or relevant government authorities and/or in circumstances where you are deemed to have, either explicitly or impliedly waived your rights to confidentiality.
• You confirm your consent to the disclosure of personal information by Phoenix to independent Consultants and Medical Staff and to our employees or persons otherwise engaged by us for the purpose of discussing your Treatment and to any Hospital (including but not limited to NHS facilities and/or private non-NHS hospital facilities) as part of the booking process for your surgical admission and Treatment.
• We are committed to uploading patient details as requested by the Department of Health and any other regulatory bodies. Your agreement to these Terms serves as your consent to release these details without prior notification.

 

8. Rescheduling / cancellations

 

For intragastric balloon and elipse balloon please also read the cancellation provisions set out in Schedules 1 and 2.

 

• We recommend that you carefully consider all aspects of the Treatment after your Consultation(s) before deciding whether to proceed with the Treatment.
• If you decide to proceed with the Treatment, we appreciate that because this is an important and life changing decision, you may decide to change your mind. 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.
• If you have paid the Fixed Price and/or a Booking Fee to reserve your Admission Date and subsequently decide not to proceed with the Treatment, you will be entitled to the following Please note that we will only refund fees to the cardholder or person who made the original payment:

1. 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-op Fees and/or any other charges incurred by Phoenix in arranging for your pre-operative assessment and preparation for Treatment (including without limitation charges for Phoenix administration, pre-operative blood tests, other investigations and nurse assessments). You will not receive a refund of any Consultation Fee or Pre-op Fees already paid for.

1. 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 Treatment 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 Treatment (including without limitation charges for Phoenix administration, pre-operative blood tests, other investigations and nurse assessments) – the ‘Pre-op Fees’. 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. You will not receive a refund of the Consultation Fee.

1. 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 Treatment and Aftercare Package you booked (after deduction of the 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. You will not receive a refund of any Consultation Fee or Pre-op Fees already paid for.

1. Medical Cancellation:

If your Consultant cancels your Treatment 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-op Fees incurred up until the point of Medical Cancellation. You will not be refunded the Consultation Fee or any Pre-op Fees already paid for.

• Cancellations due to pre-existing medical conditions which were known by you but were undisclosed by you prior to booking the Treatment will not be refunded and will be treated by us as a material breach of Contract by you. The full cost (including without limitation, Consultation Fee, Pre-op Fees, Booking Fee and Fixed Price), as set out in our invoice will be payable by you (save where the cancellation is made in accordance with clause 8.3(a)).
• Treatment cancellations necessary due to previously unknown medical conditions will be rescheduled when it is deemed safe to do so and is in your best interests. If, after reasonable consideration, the indicated medical condition prevents rescheduling of the Treatment, then a refund of the monies paid will be made in accordance with clause 8.3(d). If the Treatment is abandoned once started due to unforeseen medical conditions, Phoenix and the in their absolute discretion Consultant may retain sufficient monies to cover the costs incurred by them. You will not be refunded the Consultation Fee and any Pre-op Fees.
• Any cancellations made on medical grounds by you will require you to provide proof of the condition, including date of knowledge, from your GP or medical team providing your Treatment.
• If you need to reschedule your Admission Date for any reason, you must notify us as quickly as possible. We will not charge you for rescheduling an Admission Date, unless a pre-operative test has been performed and that pre operative test will have expired, by date of the rescheduled Admission Date. In such circumstances, you will have to pay for the pre-operative test(s) to be performed again so that they are valid an in date for the date of the rescheduled Admission Date.
• Consultation appointments may be cancelled and rescheduled at any time by us, the Consultants and/or Medical Staff. You may reschedule a Consultation without charge. If you wish to cancel a Consultation you must provide us with at least 7 days written notice to receive a refund of the Consultation Fee.
• 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 Treatment, you will be charged an additional fee at the Hospital’s standard rates.

 

9. Data Protection

 

• How we will use your personal data is as set out in our Privacy Policy. Please note Consultants and Hospitals may have their own privacy policies/notices, which will explain the way in which they will process, retain and store your personal data.
• Please read through the terms of our Privacy Policy and that of the Consultant and Hospital, to familiarise yourself with how your personal data will be used.
• As per the terms of our Privacy Policy, we will keep your GP 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.

It is your responsibility to keep us updated of any changes in your contact details and GP, as we 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. We will accept no liability in the event that this does happen.

 

10. Limitation of liability

 

• We are only liable to you for losses which you suffer as a direct result of our breach of these Terms and which are reasonably foreseeable. Unless otherwise required by applicable law, our liability to you for any claim arising from the subject matter of these Terms shall be limited to the amounts paid to us by you for the Treatment.
• We will not be liable to you for any pure economic loss, consequential loss, loss of profit, loss of business, depletion or loss of good will (in each case whether indirect or direct) you suffer from us providing any Treatment.
• Nothing in these Terms excludes or in any way limits our liability for fraud, or for death or personal injury caused by our negligence, or any other liability that may not be excluded or limited under English law.

 

11. General

 

• We will be entitled to transfer to any other person all or any of our rights or the benefit of those rights created by any Contract between us and you to which these Terms apply (or both).
• You will not be entitled to transfer to any other person or company all or any of your rights, or the benefit of those rights, created by any Contract between us to which these Terms apply.
• Any notice given under these Terms must be in writing and addressed to:

(i) you at the residential address you have told us about; or

(ii) us at our registered office at 17 D-F Telford Court, Chestergates Business Park, Chester, CH1 6LT. Please mark any notice for the attention of the Chief Executive Officer.

• No waiver or retraction of a waiver by us under these Terms will be valid or binding unless it is in writing and signed by us. Our failure to exercise any right under these Terms, or to require your performance of any provision under these Terms, or our waiver of any breach of these Terms, will not prevent a subsequent exercise or enforcement of such provisions or be deemed a waiver of any subsequent breach of the same or any other provision of these Terms.
• If a court invalidates some of this Contract, the rest of it will still apply. If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
• Nobody else has any rights under this Contract. This Contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
• These Terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the Courts of the country you live in. We can claim against you in the Courts of the country you live in.

 

I accept and agree to be bound by the terms and conditions set out in this document:

 

 

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

 

 

 

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

 

 

 

Date          …………………………………………………

 

 

Schedule 1: Orbera, Intragastric Balloon

Where your Treatment is a gastric balloon procedure, the terms and conditions set out in this Schedule 1 shall apply in addition to the Terms set out above. In the event of any conflict or inconsistency between the terms set out in this Schedule 1 and the Terms, the former shall take precedence.

1. After discharge, aftercare is provided by our Medical Staff for 6 or 12 months depending on the intragastric balloon package you purchased and as described in your invoice.
2. You must pay for your gastric balloon Treatment in full at the time of booking your Admission Date. We will send you an invoice that states the total charge to be paid by you (‘Fee’).
3. The following are included within the Fee:

• Consultant and Hospital fees arising from your admissions to the Hospital for insertion and then later removal of the gastric balloon.
• The cost of the balloon.
• Monthly appointments (face to face, or telephone/video) with a nutritionist, dietician or specialist nurse for 6 or 12 months after balloon insertion depending on the Intragastric balloon package you purchased.
• Take home drugs.
• Access to the Phoenix 24/7 urgent telephone helpline.

4. The following are expressly excluded from the Fee:

• Any pre-operative medical consultant fees or tests or investigations that are required.
• Outpatient post-operative blood tests, X-rays or other tests required to treat, investigate and/or diagnose potential problems.
• Treatment and/or investigations undertaken by any other third-party person, hospital, healthcare provider or body corporate other than Phoenix.
• Treatment and/or investigations undertaken and at any hospital or clinic other than the Hospital.
• Any charges not stated as included within the scope of the Fee, in paragraph 3 above.

5. Cancellations: If you pay a Fee to reserve an Admission Date and subsequently decide not to proceed with the Treatment of intragastric balloon insertion, you will be entitled to the following refund. 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 refund of the Fee paid, less any unpaid consultation and/or Hospital pre-admission assessment fees plus a further £300 charge for other expenses incurred by Phoenix in arranging for your assessment and preparation for balloon insertion (including without limitation charges for Phoenix administration).
• Cancellation less than 14, but more than 7 calendar days before the Admission Date: You will forfeit 50% of the Fee in addition to any unpaid consultation and/or Hospital pre-admission assessment fees, even if you subsequently re-book your balloon insertion Treatment with Phoenix.
• 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 100% of the Fee. Treatment sessions at the Hospital are an extremely precious and limited resource. At this late stage we would already have ordered your balloon from our supplier and it would be too late to replace you with an alternate patient.
• Medical Cancellation: If we cancel your balloon insertion Treatment before your procedure because we consider it is not in your best interests to proceed for medical reasons, we will refund the Fee, less any unpaid consultation and/or Hospital pre-admission assessment fees and the costs of any other expenses incurred by us in arranging for your assessment and preparation for balloon insertion up to that point (including without limitation charges for Phoenix administration).

6. Technical problems: In the event that there are technical problems during your Treatment and the balloon cannot be inserted and/or the Consultant feels it is not in your best interests for the planned balloon insertion to be carried out (e.g. if a large hiatal hernia or a stomach ulcer was found during inspection at the start of the procedure), you will receive a partial refund of the Fee. The amount refunded will be determined by Phoenix based on Consultant, Hospital and other expenses we may have incurred in arranging for your assessment and balloon insertion up to that point (including without limitation charges for Phoenix administration).
7. Early removal: If you cannot tolerate the balloon and request early removal, you will not be entitled to any refund or partial refund of the Fee. However, removal of the balloon is included in your care package and so it will not incur any extra charge.

It is uncommon for balloons to deflate earlier than expected. However, intragastric balloons can spontaneously deflate and leave the body (through the bowel or occasionally after vomiting) before the date of planned balloon removal.  This is known as ‘Early Deflation’.  As most weight loss occurs in the early months after balloon placement, Early Deflation may not always have a material effect on weight loss outcome.

If Early Deflation occurs or is suspected (e.g. sudden loss of fulness sensation associated with your balloon) it is essential that you inform us at the earliest opportunity so that we can remove the device promptly in order to reduce the risk of the balloon leaving your stomach and obstructing the small intestine.  In the event of Early Deflation, you will not be entitled to any refund or partial refund of the Fee as the bulk of the costs incurred by Phoenix are at the time of balloon placement and removal.  You will be responsible for paying Phoenix the costs of any investigations that may be required to confirm Early Deflation (including but not limited to the cost of carrying out X-rays, scans or endoscopy).

8. Weight loss and results: By signing the Terms, you accept and understand that the intragastric balloon is a tool that you must use as part of (and not a substitute for) a weight loss programme, comprising calorie restriction (dieting) and regular exercise. Please note that as with all medical treatments, there is no absolute guarantee of success; and it is possible that you will not achieve or maintain your desired weight loss outcome after the Treatment. The typical weight loss outcomes stated on our website and/or other promotional material are not guaranteed in any way and failure to achieve this will not entitle you to any refund or partial refund of the Fee, nor any other recompense from Phoenix (including without limitation any further free intragastric balloons or other weight loss procedure).  The Fee paid is for your intragastric balloon and a fee for Phoenix to insert and remove it.  You accept that you are not purchasing weight loss.

 

 

Schedule 1: Elipse Balloon

Where your Treatment is an elipse balloon procedure, the terms and conditions set out in this Schedule 2 shall apply in addition to the Terms set out above. In the event of any conflict or inconsistency between the terms set out in this Schedule 2 and the Terms, the former shall take precedence.

1. After discharge, aftercare is provided by our nutritionists/dieticians for up to 12 months.
2. You must pay for your elipse balloon Treatment in full at the time of booking your Admission Date. We will send you an invoice that states the total charge to be paid by you (‘Fee’).
3. The following are included within the Fee:

• All Consultants’ and day case Hospital fees while you are in Hospital for insertion of the elipse.
• The cost of the elipse balloon.
• Monthly appointments (face to face, or telephone/video) with a nutritionist, dietician or specialist nurse for up to one year after the Treatment consisting of elipse insertion.
• A set of bluetooth digital scales linked to the elipse app to track your progress.
• Take home drugs.
• Access to our 24/7 urgent telephone helpline;.
• Early removal of the elipse balloon by Phoenix at the Hospital if you cannot tolerate it.

4. The following are expressly excluded from the Fee:

• Initial outpatient consultation charges (currently free) and any pre-operative tests or investigations that are required.
• Out-patient post-operative blood tests, X-rays or other tests required to investigate and/or diagnose potential problems.
• Treatment and/or investigations undertaken by any other third-party person, hospital, healthcare provider or body corporate other than Phoenix.
• Treatment and/or investigations undertaken and at any hospital or clinic other than the Hospital.
• Any charges not stated as included within the scope of the Fee, in paragraph 3 above.

5. Cancellations: If you pay a Fee to reserve an Admission Date and subsequently decide not to proceed with the elipse insertion Treatment, you will be entitled to the following refund. 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 refund of the Fee paid, less a charge for any expenses incurred by us in arranging for your assessment and preparation for elipse insertion Tretament (including without limitation charges for Phoenix administration).
• Cancellation less than 14, but more than 7 calendar days before the Admission Date: You will forfeit 50% of the Fee, even if you subsequently re-book your elipse balloon insertion Treatment with us.
• 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 100% of the Fee. Treatment sessions at the Hospital are an extremely precious and limited resource. At this late stage we would already Treatment sessions at the Hospital are an extremely precious and limited resource.
• Medical Cancellation: If we cancel your elipse insertion before your procedure because we consider it is not in your best interests to proceed for medical reasons, we will refund the Fee, less the costs of any other expenses incurred by us in arranging for your assessment and preparation for elipse insertion up to that point (including without limitation charges for Phoenix administration).

6. Hospital stays. Your elipse balloon Treatment will be carried out as a day case. If you require further inpatient care we reserve the right to charge you an additional fee at the Hospital’s standard rates.
7. Technical problems. In the unlikely event that you are unable to swallow the elipse balloon capsule into the stomach or tolerate the procedure and it is abandoned for any reason, you will not receive any financial refund or part-refund of the Fee nor any other recompense from Phoenix (including without limitation any further free elipse or other weight loss procedure).
8. Early removal: You will not be entitled to any refund or partial refund of the Fee as the bulk of the costs incurred by Phoenix are at the time of elipse placement. If you request early removal of elipse due to intolerance, Phoenix will pay for endoscopic elipse removal, strictly subject to the conditions set out in paragraph 3 of this Schedule 2.
9. Early deflation. It is normal for elipse balloons to deflate and leave the body (through the bowel or occasionally after vomiting) over a variable period of time, usually, but not always, 3-4 months after placement. Deflation and/or loss of the elipse within 3 calendar months of placement is known as ‘Early Deflation’.  As most weight loss occurs in the first few months after elipse placement, Early Deflation may not necessarily have a material effect on weight loss outcome.

If Early Deflation is confirmed, you will not be entitled to any refund or partial refund of the Fee as the bulk of the costs incurred by us are at the time of elipse placement. You will however be responsible for paying us the full costs of any investigations that may be required to confirm Early Deflation (including but not limited to the cost of carrying out X-rays, scans or endoscopy).

If we, acting reasonably, believe that Early Deflation has occurred we will, at your request, negotiate with the elipse manufacturer to procure a free replacement elipse device for you.  The decision whether or not to provide a free replacement elipse device as an ex gratia gesture is at the manufacturer’s absolute discretion and you will still be responsible for our charges to reinsert the new elipse device, although we will make a discretionary reduction to the usual Fee that takes account of any free product supplied to us by the manufacturer. In agreeing to undergo elipse placement you accept that we are not responsible for any costs, loss (indirect, special or consequential) you incur resulting from Early Deflation whether arising in contract, tort, negligence, breach of duty or otherwise.

10. Weight loss and results: By signing the Terms, you accept and understand that the elipse balloon is a tool that you must use as part of (and not a substitute for) a weight loss programme, comprising calorie restriction (dieting) and regular exercise. Please note that as with all medical treatments, there is no absolute guarantee of success; and it is possible that you will not achieve or maintain your desired weight loss outcome after the Treatment. The typical weight loss outcomes stated on our website and/or other promotional material are not guaranteed in any way and failure to achieve this will not entitle you to any refund or partial refund of the Fee, nor any other recompense from Phoenix (including without limitation any further free elipse balloons or other weight loss procedure).  The Fee paid is for your elipse balloon and a fee for Phoenix to insert and remove it.  You accept that you are not purchasing weight loss.