Best Life Day Club - Terms and Conditions 

This Agreement is between the following Parties:  

·       The Provider – Best Life Day Club  

·       The Client (Service User) and/or  

·       The Representative (eg. Relative)

The Services and Charges:  The Provider agrees to provide the Day Centre Services as set out below - and as per the current terms and conditions.  

The Client shall pay the Provider monthly in advance for weekly 4-hour Day Club Sessions.

The cost of lunch, resources and activities is included in the agreed price, unless otherwise specified. We may be required to charge a supplement for day trips which will be agreed before commencing. We are open 51 weeks of the year. We close for 1 week at Christmas. 

Fees are charged as follows:  

·       Fees are charged per session - Payment accepted via Direct Debit GoCardless while spaces remain available. Our current Session rate is £79.95 (correct from 6th July 2024). VAT is not chargeable as per clause 6.5.

Definitions

When the following words with capital letters are used in these Terms, this is what they will mean:  

The Agreement: The Agreement between us and you for the provision of the Services, comprised of these Terms and conditions, and any variations agreed in accordance with clause 3.3;  

Support Worker: any of our workers who provides the Services to you.  

Data Protection Legislation: (i) the Data Protection Act 1998 (up to and including 24 May 2018) and the General Data Protection Regulation ((EU) 2016/679, “GDPR”) (on and from 25 May 2018) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK, unless and until the GDPR is no longer directly applicable in the UK, and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998;  

Event Outside Our Control: means any act or event beyond our reasonable control;  

Representative: a person who signs the Agreement on your behalf, either at your request, as your agent, or under a power of attorney;  

Services: the day centre session services that we are providing to you as set out in this agreement;  

Terms: the terms and conditions set out in this document.  

Us, we and our: Best Life Day Club Ltd, registered address in England with company number OC426281 whose registered office is at Cambrian House, 51 Broad Street, Chipping Sodbury, BS37 6AD, trading as “Best Life Day Club”.  When we use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.  In the event that a Representative has also signed the Agreement, references to “you” the Client in that agreement will include a reference to that Representative where the context requires.  

2 Our Agreement with you  

2.1 These are the terms and conditions on which we supply the Services to you. Please ensure that you read these Terms carefully, and check that the details in the Agreement and in these Terms are complete and accurate, before you sign the Agreement. If you think that there is a mistake or require any changes, please contact us to discuss.  

2.2 The Agreement constitutes the entire agreement, including these Terms and Conditions, between you and us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms, and if you believe that any terms are not contained in the Agreement or these Terms you shall let us know promptly. Any descriptive matter or advertising contained in our materials or on our website are produced for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Agreement or have any contractual force.  

3 Changes to Terms and Conditions  

3.1 We may revise these Terms and Conditions from time to time.  

3.2 If we have to revise these Terms under clause 3.1, we will give you at least one month's written notice before the changes take effect. You can choose to cancel the Agreement in accordance with clause 10.  

3.3 If your circumstances or your requirements for the Services change, we will agree with you any changes to the Agreement (such as the nature and the price of the Services).  

4 Providing the Services 
4.1 We will supply the Services from the date payment is made and is terminated in accordance with these Terms.  

4.2 We may need certain information from you that is necessary for us to provide the Services, for example, information about any medical conditions, continence, diagnosis or allergies. We will ask for this from you in our booking form and record it in writing. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the Services under this clause, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for Services already carried out.  

4.3 If you do not pay us for the Services when you are supposed to as set out in clause 7, we may suspend the Services with immediate effect until you have paid us the outstanding amounts. We will contact you to tell you if we intend suspending the Services.

4.4 The Support Workers and other members of our staff are able to perform Cardiopulmonary Resuscitation only under the direct guidance of the emergency services and provided that the member of staff feels comfortable and confident to do so.  

4.5 Exclusions to the Services - The Support Workers will not provide personal care, administer medication or manage finances.  

5 If there is a problem with the Services  

5.1 In the unlikely event that there is any problem with the Services please contact us and tell us as soon as reasonably possible; allowing us a reasonable opportunity to remedy any problem.  

5.2 As a consumer, you have legal rights. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.  

6 Price and payment  

6.1 1. Service Fee: The current session day rate is £79.95 (correct from 11th July 2024). Payment is required monthly upfront for our Day Club Sessions which includes the cost of lunch, resources and activities. Supplements may apply for day trips. We are open for 51 weeks of the year, closing for 1 week at Christmas.

6.2 We reserve the right, from time to time, to increase the day rate. We will give you written notice of any increase at least one month before the proposed date of the increase. If the increase is not acceptable to you, please notify us in writing within two weeks of the date of our notice.  We reserve the right at this point to discontinue the Agreement providing two weeks’ notice.  

6.3 In the event of unforeseen circumstances where you wish to cancel the services with less than 7 days notice, we reserve the right to charge you for the Services.  

6.4 VAT is not currently payable, under current legislation, for this Agreement, however if this situation changes, we are legally obliged to charge VAT when applicable.  

6.5 We cannot give you advice on personal finances. Information on assistance with paying for the Services is available from your Local Authority, your local Citizens Advice Bureau or the Money Advice Service.  

6.6 If, during the provision of the Services or for up to 6 months after the Services finish, you employ a staff member directly, you will pay us an amount equal to 3 months of the annual salary that we paid the Support Worker or a minimum of £1000 (whichever is the greater), as a reasonable reflection and genuine pre-estimate of the loss to us of your direct engagement of the staff rather than through us. We will invoice you for that amount, and set out how we calculated the amount.

7 Payment  

7.1 All payments and bookings are made via our Direct Debit System GoCardless before commencement of services (after free trial).  

8 Our Staff

8.1 Our staff go through a rigorous 2-stage interview process as well as being employed because they embody the company ethos and values. We will ensure that a Disclosure and Barring Service enhanced check is carried out on the workers before provision of the Services. Staff are trained in basic life support, health and safety, infection control, manual handling and dementia.

8.2 The staff are not permitted to accept any gift with a value greater than £30. Staff are not permitted to lend money to you, or to borrow money from you.  

8.3 You must treat our staff with respect and dignity.  Any failure to do so may be a breach by you of the Agreement. 

8.4 The worker contract includes a clause related to Confidentiality and the handling of personal data.  

8.5 Support worker telephone numbers will only be provided to clients in extenuating circumstances and where it has been discussed with the office. Calls must not be made directly to staff, particularly outside of their normal working hours.  

9 Our liability to you  

9.1 If we fail to comply with the terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable.  

9.2 We do not exclude, or limit in any way, our liability for: (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or (b) fraud or fraudulent misrepresentation.  

10 Your rights to cancel/terminate the service and applicable refund

At Best Life Day Club, we strive to provide the best experience for all our members. We understand that sometimes plans change, and you may need to cancel your session. Our refund policy is designed to be fair and transparent:

10.1 Full Refund: If you cancel your session at least one week (7 days) before the scheduled date, you are eligible for a full refund of the session fee.

10.2 50% Refund: If you cancel your session with less than 7 days notice but more than 24 hours before the scheduled date, you will receive a 50% refund of the session fee.

10.3 No Refund: Cancellations made with less than 24 hours notice are not eligible for a refund.

10.4 How to Cancel: Cancellations can be made via email: dayclub@bestlife.org.uk.

10.5 Processing Refunds: All refunds will be processed via dayclub@bestlife.org.uk. 

11 Our rights to cancel the Agreement and applicable refund  

11.1 We may have to cancel services before the start date, due to an Event Outside Our Control eg. Severe weather, or the unavailability of personnel without whom we cannot provide the Services. We will promptly contact you if this happens. If you have made any payment in advance for Services that have not been carried out, we will refund these amounts to you.  

11.2 Once we have begun to provide the Services to you, we may cancel the service at any time by providing you with at least 14 days' notice in writing. If you have made any payment in advance for Services that have not been carried out, we will refund these amounts to you.  

11.3 We may cancel the service at any time with immediate effect by giving you written notice if:  (a) we perceive a significant risk of harm to staff; or (b) you breach the terms in any other material way.  

12 Information about us and how to contact us  

12.1 Our company registration number is 13315466 and our registered office is at Cambrian House, 51 Broad Street, Chipping Sodbury, BS37 6AD. If you have any questions or if you have any complaints, please contact us directly at this address or via hello@bestlife.org.uk.  

13 Confidentiality and how we use your personal information.  Information that we may hold about your health and physical or mental wellbeing is “sensitive personal data” for the purposes of the Data Protection Act 1998 and the GDPR.

13.1 We will use the personal information you provide to us only:  (a) to provide the Services; (b) to process your payment for such Services; and (c) as required under any legislation that we are bound by in relation to the provision of the Services.  

13.2 We will not give your personal data to any third party without your prior consent. However, in the event that you are not able to give consent, you agree that we are permitted to disclose your personal data to any medical professional who needs to know it for the purposes of providing you with medical care.  

13.3 We are under a duty of confidentiality to staff, and we can only disclose to you information about a staff member (such as their references) with their consent. Any information about a staff member that we disclose to you is confidential and you must not disclose it to anyone else.  

13.4 In performing the Services we will comply with all applicable requirements of the Data Protection Legislation.  

13.5 We will not share your personal data outside the EEA unless required to do so by law and there is an adequate level of protection to your personal data. We may however, store your personal data in a destination outside of the EEA. By submitting your data you agree to this – we will take all steps reasonably necessary to ensure your data is treated securely.  

13.6 You have the following rights under the in respect of your personal data held by us:  (a) to access your personal data;  (b) to be provided with information about how your personal data is processed;   (c) to have your personal data corrected where necessary (please contact us promptly should you become aware of any incorrect or out-of-date information);  (d) to have your personal data erased in certain circumstances (please refer to the appropriate data protection legislation or consult the ICO for details);  (e) to object to or restrict how your personal data is processed;  (f) to have your personal data transferred to yourself or to another business.  

13.7 You have the right to take any complaints about how we process your personal data to the Information Commissioner’s Office: Wycliffe House Water Lane, Wilmslow, Cheshire SK9 5AF.  For more details, please address any questions, comments and requests regarding our data processing practices to the contact details set out in clause 12.  

13.8 We will hold your personal data on our systems for as long as:  (a) any contracts you make with us are live;   (b) is necessary to comply with our legitimate business interests or to comply with our legal obligations.    

13.9 We will only collect personal data to the extent that it is required for the specific purpose made clear to you at the time.  We will only process personal data in accordance with relevant data protection legislation.  

13.10 Subject to clause 13.2 we will never sell your personal data or make it available to any third parties without your prior consent (which you are free to withhold) except where required to do so by law or in the event that we sell any part of our business or assets (in which case we may disclose your personal data confidentially to the prospective buyer as appropriate in accordance with our legitimate interests).  

13.11 We have implemented generally accepted standards of technology and operational security in order to protect personal data from loss, misuse, or unauthorised alteration or destruction.  We will notify you promptly in the event of any breach of your personal data which might expose you to serious risk.  

14 Other important terms  

14.1 We may transfer our rights and obligations under the terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms.  

14.2 You may only transfer your rights or your obligations under the terms to another person if we agree in writing.  

14.3 The terms are between you and us. No other person shall have any rights to enforce any of its terms.  

14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.  

14.5 If we fail to insist that you perform any of your obligations under the terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.  

14.6 The terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.  

15 Consent For Photo Use  

·       In order to showcase what a fantastic job our staff do at maintaining our clients' independence, we may from time to time like to take photos to show future clients. This will involve the upload of photographs with the purpose of them being used in promotional materials such as the company website, brochures and bids.  We asked for this consent in our booking form.

·       There is no requirement to give consent to the company’s use of your data in the ways set out above.  There will be no repercussions if you do not give consent in this form, and you have the right to withdraw your consent at any time.  Please note that in the absence of your consent, the law permits us to process your data in the following circumstances:  

·       Where we need to perform the contract we have entered into with you.  

·       Where we need to comply with a legal obligation.  

·       Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.  

·       Where we need it to protect your vital interests or someone else’s  

·       Where it is needed in the public interest.