TERMS AND CONDITIONS FOR MEDICAL AND SURGICAL PROCEDURES
These Terms and Conditions of Business (“Terms and Conditions”) apply to the supply of services by LIPS Battersea Limited (“LIPS” or “we”) registered in England and Wales with company number 15262656 based at Solar House, 282 Chase Road, London, United Kingdom, N14 6NZ.
FOR THE AVOIDANCE OF DOUBT THESE TERMS ARE NOT FOR PROVISION OF INTRODUCTION SERVICES. THE “SERVICES” PROVIDED UNDER THESE TERMS AND CONDITIONS ARE FOR MEDICAL AND SURGICAL PROCEDURE ONLY. Please see our Terms and Conditions for Introduction Services linked here.
Please note that LIPS Healthcare is owned by doctors who may also provide medical treatment at the LIPS clinic in Battersea.
LIPS Healthcare is owned in part, by a group of physicians. The physician(s) who refer you to this Centre and who will be performing your procedure(s) may have a financial and ownership interest. Patients have the right to be treated at another healthcare facility of their choice. We are making this disclosure in accordance with the relevant regulations.
DEFINITIONS AND INTERPRETATION
In these terms and conditions the following words and expressions shall have the meanings respectively set against them.
Terms | Definitions of Terms and Conditions |
|---|---|
“Balance’’ | That portion of the Fee for a Procedure that remains unpaid after payment of a deposit or partial payment of the fee for the Procedure. |
“Confirmation Pack” | LIPS’s standard email containing details of the Procedure booked by the Patient, including the type of Procedure, the fee for the Procedure, the date of the Procedure, the date by which the fee for the Procedure must have been paid in full and pre-operative self-assessment forms |
“Clinician” | A Nurse, Surgeon or Doctor (as the case may be) |
“Complaints Procedure – Patient Guide” | LIPS’s complaints procedure for patients which can be obtained by emailing Complaints |
“Consent Form” | The consent form signed by the Patient signifying his/her consent to a Procedure |
“Consultation” | A consultation with a Surgeon about a Procedure(s) being contemplated by a Patient` |
“Consultation Fee” | That part of the Fees referable to the Consultation. |
“Deposit” | The fee required to secure the Procedure date. |
“Doctor” | A doctor registered to practice in the United Kingdom by the General Medical Council |
“Fees” | Comprising of the Consultation Fee and the Surgical Fee. |
“LIPS Hospital” | The LIPS Hospital based at Level 1, Turbine Hall B, Battersea Power Station,349-351 Circus Road, London, SW11 8DD. |
“Nurse” | A nurse registered to practice, in the United Kingdom by the Nursing and Midwifery Council |
“Patient” | Any person who is at least 18 years of age (or 16 and 17 years with a GP referral letter) who has entered or is contemplating entering into a contract with LIPS for a Procedure |
“Patient Advisor” | A Clinic employee responsible for providing the Patient with ongoing information about their surgeon and their Procedure |
“Pre-operative questionnaire” | The self-assessment Medical Questionnaire provided to the Patient to allow the Surgeon to assess the Patient physiological suitability for a Procedure |
“Procedure” | The medical or surgical procedure to be arranged by LIPS for a Patient and performed by a Practitioner |
“Procedure Information” | The Procedure Information that is provided to the Patient by LIPS |
“Psychological Screening and Declaration Form” | The Patient self-declaration questionnaire to allow the Surgeon to assess the Patient psychological suitability and motivations for a Procedure |
“Registration Form” | The form that is signed by the Patient to register with LIPS for provision of a Procedure. |
“Surgeon” | A medical practitioner registered to practice in the United Kingdom by the General Medical Council, who is a Fellow of the Royal College of Surgeons (or equivalent non-UK qualification) |
“Surgical Fee” | The fee charged by the consultant for the Procedure |
“Third Party Hospital” | A third party hospital at which the Procedure shall take place. |
ENTERING INTO A CONTRACT FOR A PROCEDURE
The Patient shall be notified by LIPS of the charges prior to the Procedure via email from the Clinician’s personal assistant prior to the Patient completing a Registration Form, and also in the confirmation email referred to in clause 1.3.
When a Patient signs the Registration Form, this constitutes an offer by the Patient to proceed with a Procedure subject to these terms. The Patient shall stipulate on the Registration Form, where directed, whether they are self-funding the Procedure or if a third party shall be paying for the Procedure.
Acceptance of the order takes place when LIPS sends the Patient a confirmation email confirming acceptance. It is at this point that the contract between the Patient and LIPS takes effect.
If LIPS is unable to supply the Procedure for any reason, they will inform the Patient of this in writing.
2. COOLING OFF PERIOD
2.1 If the Patient enters into a contract with LIPS online, the Patient has a legal right to change their mind within a 14 day cooling off period.
2.2 The Patient has a legal right to change their mind and receive a refund of what they paid for it. This is subject to some conditions, as set out below.
When a Patient cannot change their mind. A Patient cannot change their mind about an order for a Procedure once they have expressly requested a Procedure during the 14 day cooling off period, and if LIPS has accepted the offer to provide a Procedure to the Patient in the manner described in section 1 above then the Patient acknowledges that the Introducer will perform its obligations in providing the Procedure as soon as the Patient’s request is made.
A Patient shall inform LIPS no later than 14 days after the day that the order has been accepted if it no longer wishes to proceed with the Procedure.
3. LIPS’s OBLIGATIONS
Prior to providing a Procedure for a Patient, LIPS shall:
3.1 Provide the Patient with such information as the Patient may reasonably require enabling him/her to understand the nature of the Procedure being offered and to decide whether or not to proceed with a consultation with a Surgeon.
In providing a Procedure for a Patient, LIPS shall:
3.2 Hold and maintain registration with the Care Quality Commission;
3.3 Ensure that the Procedure is carried out by an appropriately qualified and registered Surgeon;
3.4 Satisfy itself that the Surgeon or doctor is insured with the Medical Defence Union, the Medical Protection Society, or another insurer or indemnity provider approved by LIPS, against claims for professional negligence on terms that LIPS reasonably considers are normal, given prevailing market conditions at the relevant time;
3.5 Satisfy itself that all Clinicians involved in the Procedure hold the necessary qualifications and registrations required for him/her to practice;
3.6 Provide/arrange suitable facilities for the provision of Procedures, either at the LIPS Hospital or at a Third Party Hospital;
3.7 LIPS may also provide additional pre- or post-operative diagnostic tests, histology or further specialist assessment required on an individual basis and will itemise, quote and invoice separately ahead of the Procedure.
4. THE PATIENT’S OBLIGATIONS
4.1 The Patient shall be responsible for reading and for making sure that they understand the Procedure Information and other information and literature provided prior to consenting to undergo any Procedure, and for complying with all the pre- and postoperative instructions concerning the Procedure supplied by the Clinician and/or LIPS.
4.2 The Patient shall also be responsible for returning their Pre-operative questionnaire and Psychological Screening and Declaration Form, a minimum of two weeks before their Procedure, and ensuring timely payment for any Procedure received or to be received, in accordance with these Terms and Conditions of Business.
4.3 It is also the Patient’s responsibility to ask any questions that they may have about the Procedure so as to ensure that they have a full understanding of the Procedure.
4.4 The Procedure will take place at either a LIPS Hospital or a Third Party Hospital. In the event the Procedure takes place at a Third Party Hospital, these same terms and conditions apply and The Patient shall also be responsible complying with all the pre- and postoperative instructions concerning the Procedure provided by the Third Party Hospital.
4.5 The Patient is responsible for making sure the information provided to LIPS is full, accurate, and truthful. The Patient will need to provide LIPS with certain information for LIPS to provide the Procedure. The Patient will need to inform LIPS about any changes to information previously provided. Information that LIPS may need includes personal and medical information about the Patient.
5. THE CLINICIAN’S OBLIGATIONS AND THEIR RELATIONSHIP WITH LIPS AND THE PATIENT
5.1 The Clinician shall ensure it obtains signed Consent Form(s) for the Procedure, including providing the Patient with appropriate clinical information about the Procedure; detailed pre- and post-operative instructions; detailed information about the expected outcome and limits of the Procedure; for advising the Patient about all the risks and possible complications associated with the Procedure; for deciding whether or not the Patient will benefit from and is suitable for the Procedure; and is solely responsible for accepting or rejecting the Patient for a Procedure.
6. PAYMENTS
6.1 Unless the Terms and Conditions provide otherwise, the rates emailed to you via your Clincian’s personal assistant prior to completion of the Registration Form and upon confirmation of your appointment will apply to your care. If you want to check how much something costs, please ask.
6.2 A Consultation with a Surgeon requires payment of the Consultation Fee to be received at the time of booking the Consultation.
6.3 An additional Deposit is required to secure a Procedure date.
6.4 The Balance payable for a Procedure must be received at least 7 days before the Procedure date.
6.5 Where a Procedure date is confirmed within the 30 days period, payment becomes due in full at the point of booking.
6.6 Any financing agreement between the Patient and any third party (such as an insurer) to settle the Balance is independent from LIPS. The patient must abide by both these Terms and Conditions, including any cancellation and postponement obligations and charges in full, and separately abide with any payment terms agreed independently with the Third-Party Finance company. In the event that any third party (such as an insurer) does not settle the Balance, the Patient remains responsible for payment for full payment of the Balance.
7. CANCELLATION
Cancellation by a Patient
7.1 All cancellations by a Patient must be communicated by email to the Patient Advisor.
7.2 Fees paid for a Consultation are fully refundable provided notice of cancellation is received from the Patient by LIPS at least 24 hours prior to the scheduled date of the Consultation, otherwise there will be no refund of the Consultation Fee.
Cancellation of a Procedure by the Surgeon/Anaesthetist:
7.3 LIPS reserves the right to cancel or postpone a Procedure if, in the opinion of the Surgeon, the Patient is medically unfit for treatment or the treatment requested is deemed inappropriate for the Patient and there is no alternative treatment plan to achieve the same purpose.
7.4 If the Surgeon considers that a postponement of the Procedure is appropriate for medical reasons, a new date for the Procedure will be provided and no postponement charge will be payable. If the Surgeon considers that the Procedure should be cancelled for medical reasons a full refund of the Fee paid by the Patient will be given less the Consultation Fee.
7.5 If surgery is cancelled due to the Patient either not informing the Surgeon/Anaesthetist of a known existing medical condition/previous history of drugs taken or not following any pre-operative advice provided by the Surgeon or any other Clinician, including an anaesthetist, then any Fees paid shall not be refunded.
7.6 The Patient must be prepared to submit to a blood or urine test if requested by the Clinician, if, in the opinion of the Clinician, the Patient may have recently taken drugs or nicotine. If the Patient does not wish to submit to a blood or urine test the Clinician may cancel the procedure any Fees paid shall not be refunded.
8. POSTPONEMENT
8.1 A Procedure may be postponed for up to 24 (twenty-four) months (if postponed for reason of pregnancy) or 12 (twelve) months for any other medical reason or for any non-medical reason, provided the Fees have been paid in accordance with Section 6. LIPS will retain all Fees paid for the account of the Patient during the period of postponement. Should the Patient need to postpone treatment, the attached schedule of postponement charges will apply in order to cover the reasonable costs incurred by LIPS. It is the Patient’s responsibility to reschedule the Procedure. Where a Patient fails to reschedule the Procedure, any Fees paid will not be refundable.
Date of receipt of written notification | Postponement Charge |
|---|---|
Over 30 days prior to Procedure date: | No Charge |
Between 30 days to 15 days prior to Procedure date: | £250 |
Between 14 days and 5 days prior to Procedure date: | £500 |
Between 4 days and 48 hours prior to Procedure date: | £1,000 |
Less than 48 hours prior to Procedure date: | Full Procedure Fee is chargeable |
8.2 All postponements by a Patient must be communicated by email to the Patient Advisor.
9. RE-ADMISSION POLICY
9.1 The Surgeons strive to provide Patients with the best possible outcome of their Procedure. However, revision surgery may be necessary or complications can occur no matter how careful the Surgeon or how good the care. This may be due to a number of factors including but not limited to infection or poor blood circulation, or a patient’s unpredictable reaction to treatment. In rare cases the Patient may consider that the outcome of their Procedure does not meet the expected result agreed between the Surgeon and the Patient at the Consultation. In those situations, consideration will be given to the possibility of improving the result through further surgery. Further surgery on the Patient’s post-operative presenting condition will only be carried out at the discretion of the Surgeon who performed the Procedure and this may be subject to further costs.
10. LIPS’ RIGHTS
10.1 Changes LIPS can always make
LIPS can always change the Procedures it provides under these terms:
to reflect changes in relevant laws and regulatory requirements;
to make minor technical adjustments and improvements, for example to address a security threat. These are changes that do not affect the Procedures being provided to the Patient.
10.2 Changes LIPS can only make if the Patient is provided with notice and an option to terminate.
LIPS can also make the following types of change to these terms, but it will notify the Patient in advance of this. The Patient can then contact the LIPS Clinic Director to end the contract before the change takes effect and receive a refund for any Procedures that have been paid for in advance but not received:
- to make administrative changes such as to the appointment scheduling process;
- to make updates to the billing procedures;
- to modify the services provided as part of the Procedures;
- to make a change to the date of the Procedure owing to Consultant or equipment availability.
10.3 Suspension of Procedures
LIPS can suspend its Procedures under this contract. LIPS may do this to:
deal with technical problems or make minor technical changes;
update the services to reflect changes in relevant laws and regulatory requirements; or
make changes to the services and Procedures.
10.4 LIPS’ rights to end the contract
LIPS can end its contract with the Patient for a Procedure and claim any costs reasonably incurred if:
the Patient does not make any payment when it is due and the Patient does not make payment within 30 days of our reminding you that payment is due;
the Patient does not, within a reasonable time of LIPS requesting it, provide LIPS with information, cooperation or access that are required in order to provide the Procedures.
10.5 LIPS is not responsible for delays outside its control
If the provision of the Procedure is delayed by an event outside of LIPS’ control, such as floods, droughts, earthquakes or other natural disaster, epidemics, pandemics, terrorist attacks, civil wars, fire, explosion or accident, LIPS will contact the Patient as soon as possible to inform them and will make all reasonable efforts to reduce the delay. LIPS will not compensate the Patient for the delay, but if the delay is likely to be substantial the Patient can contact the Customer Service Team at feedback@lips.org.uk to end the contract and receive a refund for any Procedure that they have paid for in advance, but not received, less reasonable costs that have already been incurred.
11. COMPLAINTS
11.1 In the event that the Patient is dissatisfied with any aspect of the service provided, the Patient should speak to the Patient Advisor as soon as possible. If they are unable to resolve the issue to the reasonable satisfaction of the Patient, LIPS’s Complaints Procedure – Patient Guide shall apply. The patient can raise a formal complaint by emailing complaints@lips.org.uk
12. CONFIDENTIALITY AND DATA PROTECTION
12.1 LIPS processes data relating to Patients in connection with the Procedure provided to those Patients in accordance with these Terms and Conditions.
12.2 LIPS wishes to disclose Patient data to Clinicians in the course of the Procedure and the Patient’s consent to such disclosure is considered essential to the Procedure.
12.3 The Patient is deemed to consent to the disclosure of sensitive personal data by LIPS to Clinicians for the purposes of discussing the Patient’s Procedure.
12.4 The Patient acknowledges that LIPS is obtaining this consent for themselves in order that they may comply with the provisions of the Data Protection Act 2018.
12.5 Other than these disclosures, or as required by law, LIPS will not disclose Patients’ sensitive personal data to third parties.
13. NO VARIATION
13.1 There can be no variation or exceptions to these Terms and Conditions unless agreed in writing and countersigned by a Director of LIPS.
14. OTHER TERMS
14.1 These Terms and Conditions are governed by the laws of England and Wales, whose courts shall have exclusive jurisdiction.
14.2 The Contract with LIPS: By signing the Registration Form, the Patient agrees to be bound by these Terms and Conditions. If there is any conflict between these Terms and Conditions and the Registration Form, these Terms will take precedence. If there is any inconsistency between these Terms and Conditions and any marketing material, these Terms and Conditions will take precedence. LIPS may update these Terms from time to time however any changes will only apply to any new Procedure that the Patient agrees to and the Patient will be asked to agree to any new Terms and Conditions before they become effective.
14.3 Notices and Patient contact details: It is important that the Patient keeps LIPS updated of any changes in their contact details.
14.4 Patient property: Hospitals can be busy environments. While LIPS will take all care to ensure the safety of Patient belongings, LIPS does not accept any responsibility for the theft or loss of, or damage to, any of a Patient’s property.
14.5 Assignment: LIPS may transfer and assign its contract with the Patient to any person who acquires all or substantially all of the assets of LIPS or to any other member of the LIPS group.
14.6 Third Party Rights: Except for the Patient or LIPS, no person will have any rights under or in connection with these Terms and Conditions.