1. These terms
1.1 These are the Terms on which Proton International London @ University College London Hospital NHS Foundation will provide you with treatment.
1.2 Please read these Terms carefully before you sign the Registration Form. These Terms tell you who we are, how we will provide your Treatment to you, how you and we may change or end the Contract, what to do if there is a problem and other essential information. We recommend that you read the provisions in clause 9 relating to our charges carefully. If you think that there is a mistake in these Terms, please contact us to discuss.
1.3 Please note that words in these Terms starting with capital letters have specific defined meanings as follows:
“Treatment”: the appointment(s) where you attend Proton International London @ University College London Hospital NHS for your Treatment
“Treatment Letter”: the letter that we send you which confirms your Appointments at the Proton International London @ University College London Hospital NHS Foundation and describes the Treatment or consultation booked;
“Hospital”: the Proton International London @ University College London Hospital NHS Foundation
“Contract”: the contract between you and us made up of these Terms, your Treatment Letter, your Registration Form.
“Consultant”: all self-employed consultants, clinicians or medical professionals involved in your Treatment, including your Referrer.
“Insured Patient”: a patient who has been referred to us by an insurer for Treatment as part of a private medical insurance policy;
“Treatment Package Price ”: the document that sets out our prices for your Treatment;
“Referrer”: the healthcare professional who has referred you for Treatment;
“Registration Form”: the form that you completed and signed to confirm that you agree to be bound by these Terms;
“Self-paying Patient”: a patient who has been referred to us privately and is funding an appointment directly without private medical insurance.
“Terms”: these patient terms and conditions; and
“Writing”: when we use the words “writing” or “written” in these terms, this includes emails.
UCLH: University College London Hospital NHS Foundation
2. Information about us and how to contact us
2.1 We are Proton International London Limited (PIL) a company registered in England & Wales. Our company registration number is 10492378 and our registered office is at 1 Grafton Way, Level B4, London WC1E 6AS . Any reference in these Terms to “we,” “us” or “our” shall mean Proton International London Limited. We work in collaboration with UCLH who provide a contract of services to us. UCLH provide the clinical equipment and the clinical staff to provide you with your Proton Beam Therapy treatment. UCLH Clinical staff include; radiographers, radiography assistants and other medical practitioners involved in your treatment.
2.2 You can contact us by telephoning our general enquiries service team at 020 345 68562 or by writing to us at Proton International London Limited 1 Grafton Way, Level B4 London WC1E 6AS, or at padmin@protonintl.com
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 provided to us in your Registration Form. When we use the terms “you” or “your” in these Terms we mean the person who will receive the Appointment as set out in the Treatment Letter.
3. Our contract with you
3.1 By signing the Registration Form you agree to these Terms.
3.2 These Terms, your Treatment Letter, your Registration Form, and our Treatment Package Price together form the Contract between you and us and supersede all previous agreements between you and us.
3.3 Please read clause 9.5 carefully. That clause explains that Consultants involved in your Treatment are independent practitioners and not our employees. As such, your Contract with us for your Treatment is separate from the contract between you and your Consultants, which may or may not be in writing. If you are unsure what your Contract with us covers, or if you do not understand the implications of clause 9.5, please contact us to discuss this.
4. Rights to make changes
4.1 If you wish to change your mind in relation to your Treatment, please contact us. 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 your Treatment, its timing or anything else that would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
4.2 We may update or change these Terms from time to time, for example where we change the way we offer certain services, for health and safety reasons, or if we need to do so to reflect changes in the law or our regulations. Except where changes in the law or our regulations means we have to make the changes more urgently, any changes will only apply to new Treatments that you may have booked and will not apply to any Treatment that are partway through when these Terms are changed. If we need to make the changes more urgently, we will let you know in writing and you may then contact us to end this Contract before the changes take effect.
4.3 If you wish to cancel your planned treatments before they are completed, you may do so and your rights to do so are set out in clause 6.
5. Confirmation of Treatment
5.1 We will confirm the details of your attendance at the Hospital within a Treatment Letter, confirming the nature of the Treatment to be carried out at your appointments, the date, time, and any preparation that is required before you attend. The Contract will last from the date set out in your Treatment Letter until the end of your Treatment and in accordance with the details in your Treatment Letter, unless you end the Contract as described in clause 6 or we end the Contract by written notice to you as described in clause 7.
5.2 We will try to carry out your Treatment on the date specified in your Treatment Letter. However, we cannot always guarantee this and we reserve the right to cancel or change the date of any appointment for any reason by providing you with reasonable notice, with the intention of rearranging your appointment date. Where possible we will rebook individual appointments for another date that suits you. If rebooking in a mutually amicable timeframe is not possible, we will refund any advance payment you have made for any parts of your Appointment that have not been provided.
5.3 If our provision of your Treatment of individual appointments 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 part of your treatment you have paid for but not received. Events outside of our control may include (amongst other things) where we have to suspend performance of your appointment because of a change in the laws and regulations that apply, or because of changes requested by you.
5.4 We may need certain information from you so that we can provide your Treatment to you. We will contact you to ask for this information. It is important that you update us if there are any changes in your information or contact details. We will not be responsible for providing your Treatment late or not providing any part of it if this is caused by you not giving us the information we need.
5.5 Further treatment. If you require further treatment that is not covered by your booked appointments as agreed by your insurer (if you are covered by private medical insurance), our standard charges (set out in our Treatment Package Price) will apply and you will be invoiced separately.
5.6 What happens if you decide not to go ahead?
5.6.1 If you decide not to go ahead with your Appointment, you will need to pay for the treatment you have already received up until the point of telling us that you want to cancel. This will be charged at the rates set out in our Treatment Package Price. We may charge a cancellation fee if you cancel any part of your Appointment within 7 days of a scheduled appointment (see clause 9.6 below).
5.7 What happens if your Referrer decides not to go ahead?
5.7.1 If your Referrer cancels your Treatment because they consider it is not in your best interests for medical reasons, and you have already paid for your treatment, we will refund your payment. You will not be required to pay for any part of your Treatment that you have not yet received up until the point of such cancellation.
5.7.2 Even if your Referrer cancels your Treatment you will still be required to pay for any part of your Treatment that you have already received up until the point of such cancellation.
5.8 What if you suffer complications?
5.8.1 While we and your Referrer will do our best to ensure a satisfactory outcome, no clinical procedure is entirely risk-free, and the results of any treatment cannot be guaranteed with complete certainty. Your Referrer will explain any risks to you before the start of your treatment and this will form part of the clinical consent process.
This clause 5.9 applies to you if you are not ordinarily resident in the UK.
5.9 Overseas patients. By signing a Registration Form and agreeing to these Terms you confirm that you have leave to enter the UK and that you meet all relevant immigration criteria. You also confirm that you have made adequate arrangements to pay for your Treatment We may contact the Home Office or UK Border Agency (as relevant) to the extent necessary to clarify any information regarding your leave to enter or remain in the UK in connection with your Treatment.
6. Your rights to end the contract
6.1 You may contact us at any time to end the Contract for some or all of your Treatment but in some circumstances, we may charge you certain sums for doing so, as described in clauses 5.6 and 5.7 above and clause 9.7 below.
6.2 If you are ending the Contract for a reason set out at 6.2.1 to 6.2.4 below the Contract will end immediately and we will refund you in full for any part of your treatment which has not been provided or has not been properly provided. The relevant reasons are:
- 6.2.1 there is an error in the price or description of your treatment and you do not wish to proceed;
- 6.2.2 there is a risk your treatment appointments may be significantly delayed because of events outside our control;
- 6.2.3 you have a legal right to end the Contract because of something we have done wrong; or
- 6.2.4 because we have told you about an urgent upcoming change to these terms which you do not agree to (see clause 4.2).
7. Our rights to end the contract
7.1 We may end the Contract at any time by writing to you if:
- 7.1.1 you do not make any payment to us when it is due, and you still do not make payment within 30 days of us reminding you that payment is due: or
- 7.1.2 despite taking steps to avoid it, we cannot provide your treatment because of an event outside our reasonable control, or because you have not provided us with information that we needed (see clauses 5.2 to 5.4).
7.2 If we end the Contract in one of the situations set out in clause 7.1, we will refund any money you have paid in advance for any part of your treatment 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 If there is a change in the law that prevents us from providing certain parts of your treatment you acknowledge and accept that we will write to you to let you know that we are going to stop providing those parts of your treatment We will let you know as soon as reasonably practicable in advance of our stopping those parts of your treatment and will refund any sums you have paid in advance for any part of your treatment that will not be provided.
8. If there is a problem with your Appointment
8.1 If you have any questions or complaints about your treatment, please contact us. You can contact us by telephoning our general enquiries service team at 020 3456 8562 or by writing to us at Proton International London Limited or emailing us at padmin@protonintl.com We will investigate the problem in accordance with our complaints procedure and try to address any issues as soon as we can. Please ask a member of staff for our complaints procedure if you need this.
8.2 You have legal rights in relation to any parts of your Treatment that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Nothing in these Terms will affect those legal rights.
9. Price and payment
9.1 Where to find the price for your Appointment
9.1.1 The price of your Treatment will be based on the price set out in our Treatment Package Price in force at the date you sign the Registration Form unless we have agreed another price in writing.
9.2 When you must pay and how you must pay.
9.2.1 When and how you must pay will depend on your circumstances, and the basis on which we have agreed to contract with you as set out in the Registration Form. If you are a:
9.2.1.1 Self-paying Patient, please see clause 9.3.
9.2.1.2 Insured Patient, please see clause 9.4: and
9.2.1.3 whatever your circumstances, please see clauses 9.5 to 9.8 which apply to all patients.
9.3 Self-paying patient.
This clause 9.3 only applies if you are paying for your own Appointment
9.3.1 If your treatment is not paid for by an insurer directly, you will be charged at the rates set out in our Treatment Package Price and your Treatment Letter will confirm the costs you will need to pay.
9.3.2 You will need to pay us directly for the costs of your Treatment. You are responsible for the payment of the costs of all Treatment provided
9.3.3 You agree to pay us the fees for your Treatment prior to the start of your treatment. We may refuse to provide treatment to you if you do not do so. If you have not paid before you leave the Hospital, you agree that we can debit from your credit/debit card the outstanding balance for any unpaid fees provided we give you at least 7 days’ written notice that we are going to do so (please see clause 9.7 below).
9.3.4 In addition, unless otherwise indicated (as set out in clause 9.5 below) you will need to, and agree to, pay your Consultants, who will invoice you separately for any consultation appointments provided.
9.3.6 Unless specifically stated otherwise, fees provided in your Treatment Package Price or otherwise at the time of booking DO NOT INCLUDE any of the following:
9.3.6.1 any care or treatment not carried out at our Hospital , including NHS care;
9.3.6.2 any personal costs such as telephone charges, meals, or other sundries; or
9.3.6.3 any other costs or fees not specified at the time of booking.
and any provision of any of the above will be charged to you separately in accordance with our Treatment Package Price.
9.3.7 For any charges that are not provided in your Treatment Package Price or otherwise at the time of booking we will invoice you for these charges when we have completed providing your Appointment to you. You must pay each invoice within the time limits set out in the invoice.
9.4 Insured Patient.
This clause 9.4 only applies if you are covered by private medical insurance.
9.4.1 You agree to cover the costs of your Treatment
9.4.2 We will pre-authorise all Insured Patients prior to the commencement of their Treatment. You will need to contact your insurer to discuss the details of your own policy.
9.4.3 While you remain responsible for the payment of your Treatment where you are covered by private medical insurance we will, where possible, process your insurance claim for your Treatment with your insurer, provided you have given us and your insurer all of the information that we and your insurer need to do so. If this information is incomplete or inaccurate, we may not be able to process your insurance claim and you will need to pay for your Treatment t as set out in clause 9.4.5 below.
9.4.4 Where we process your insurance claim and your insurer pays us directly, the rate agreed between us and your insurer will apply to your Treatment
9.4.5 Unless we have said otherwise, for example, in your Treatment Letter the details of what is included and excluded in your Treatment can be found in your insurance policy documents and correspondence as provided to you by your insurer. Please note that your insurance may not cover all of the costs associated with your Treatment For example, if:
- 9.4.4.1 your insurer uses treatment guidelines that do not match the professional medical opinion of your Referrer/Consultant, and other medical professionals providing your Appointment
- 9.4.4.2 your insurance does not cover specialist items that may be needed;
- 9.4.4.3 you need any further appointments that are not covered by your private medical insurance; or
- 9.4.4.4 your insurer declines to provide you with coverage for any reason.
It is your responsibility to confirm with your insurer in advance that your Treatment is covered by your insurance policy and we will not obtain any such confirmation on your behalf.
9.4.5 If any costs are incurred that are excluded or otherwise not covered by your insurance policy, or your insurer fails to settle our invoices (or any part of them) in line with the contract we have with your insurer, then you agree to pay, and will remain responsible for, the outstanding amount that has not been paid by your insurer. We will invoice you directly for these costs as soon as we reasonably can. You must pay each invoice within the time limits set out in the invoice, or we may debit the relevant balance from your credit or debit cards in accordance with clause 9.7 below (as relevant).
9.4.6 If you pay for any part of your Appointment directly and subsequently seek reimbursement from your insurer, and if no other rate has been expressly agreed between you and us, the fees set out in our Treatment Package Price will apply to your Appointment cost.
The following clauses in this clause 9 apply to all private patients.
9.5 Separate contract with consultants. Please read this clause carefully.
9.5.1 Where attending for an outpatient consultation at the Hospital, or at their private clinic rooms you will be under the care of your Referrer, who may also involve other Consultants in your treatment if appropriate.
9.5.2 Consultants involved in your treatment are independent practitioners and are not our employees. As such, your Contract with us for your Appointment is separate from the contract between you and your consultant, which may or may not be in writing. Accordingly, we will not be liable for any act or omission of a consultant (or a company or partnership that employs or engages a Consultant). The Consultant will be responsible for the consultation and decisions in relation to your Appointment. If you are unsure what your Contract with us covers, or if you do not understand the implications of this clause, please contact us to discuss this.
9.5.3 Except where we expressly agree to collect the Consultant’s fees as an agent on behalf of the Consultant, any Consultant’s fees relating to your Treatment will be charged separately to you by the Consultant as an Insured Patient or Self-Paying Patient.
9.6 Cancellations. We reserve the right to charge a cancellation fee if you cancel any appointment within 7 days of your scheduled appointment. A cancellation fee may be based on any part of your Appointment that you have received up to the point of cancellation and/or any other reasonable costs that we have incurred. Our Payment Information Document describes any specific cancellation fee that applies to your Appointment.
9.7 Credit/Debit Card payments. As either an Insured Patient or Self-Paying Patient we will ask you for your credit or debit card details when you come into the Hospital or when you make your appointment. You understand that we will keep these details until the costs for your Treatment have been paid in full, either by your insurer or yourself. If our fees have not been paid (either by your or your insurer) by the time they are due under these Terms, you agree that we can debit from your credit/debit card the outstanding balance for any unpaid fees (as set out in invoice), provided we give you at least 7 days’ written notice that we are going to do so.
9.8 What to do if you think an invoice is wrong. If you think any invoice, you receive is wrong, please contact us promptly to let us know so that we can resolve any mistake or misunderstanding.
10. Our legal responsibility to you
10.1 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 or for fraud or fraudulent misrepresentation.
10.2 We are responsible to you for foreseeable loss and damage caused by us. 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 during your registration process.
10.3 Subject always to clauses 10.1 and 10.4:
- 10.3.1 we shall not be liable to you for any unforeseeable damages; and
- 10.3.2 our liability to you for foreseeable damages suffered by you shall in no circumstances exceed the sum payable by you in relation to your Appointment
10.4 While we take care to ensure the safety of your belongings, we do not accept any responsibility for the theft of, loss of or damage to, any of your or your visitors’ property at our hospital or other premises. We strongly advise that you avoid bringing any valuables with you to our hospital.
11. How we will use your personal information
11.1 We will use your personal information in order to provide your Treatment to you. We will only use the personal information you provide to us as described in our Privacy Notice, which you can read www.protonintlondon.com
11.2 We will process your personal information in accordance with the applicable laws in force from time to time in the UK relating to the use of personal data.
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 Nobody else has any rights under the Contract (except someone you pass your guarantee on to). The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.3 Unless any part of this Contract says otherwise, if there is any conflict between these Terms and your Treatment Letter your Registration Form, or the Treatment Package Price, these Terms will take priority. If there is any conflict or inconsistency between any of our marketing materials and this Contract, the provisions of this Contract will take priority.
12.4 If a court finds part of the Contract illegal or invalid, the rest of the Contract will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
12.5 Even if we delay in enforcing the Contract, we can still enforce it later. 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 the 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 miss a payment and we do not chase you, but we continue to provide your treatment, or any other appointments for consultation we can still require you to make the payment later.
12.6 These Terms are governed by English law, and you can bring legal proceedings in respect of them in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.