Derek Wittmann Family Funeral Directors

Burnside Funeral Home, Aberfeldy, PH15 2AU

These Terms of Business set out the terms on which Derek Wittmann Family Funeral Directors (“we”, “us”, or “our”) provide funeral services to our clients (“you” or “your”). By instructing us to arrange a funeral or related services, you agree to these terms.

1. Estimates and Expenses

Any estimate we provide is an indication of the charges likely to be incurred based on the information available at the time the estimate is prepared.

While we make every effort to ensure the estimate is accurate, the final cost may change where:

• Third party charges change
• Additional services are requested
• Circumstances require alterations to the arrangements

Third party costs may include (but are not limited to):

• Crematorium or burial fees
• Doctors’ fees
• Minister or celebrant fees
• Newspaper notices
• Floral tributes
• Catering or venue hire

Where third party costs are not known at the time of arranging the funeral, we will provide the best estimate available. The final account will reflect the actual charges incurred.

If you amend your instructions, we may require written confirmation of those changes and additional charges may apply in accordance with our current price list.

Where applicable, VAT will be charged at the rate applicable at the time the invoice is issued.

2. Payment Arrangements

Our final account will normally be issued approximately two weeks after the funeral.

Payment of the final balance is due within 7 days of the date of the invoice, unless otherwise agreed in writing.

For the following services, payment must be made in full at least 3 working days prior to the funeral:

• Simple Funeral
• Direct Cremation
• Direct Burial

If payment is not received within the agreed time period, we reserve the right to charge interest:

• At 4% above the Bank of England base rate
• Calculated daily from the date payment becomes overdue
• Until full payment is received

We also reserve the right to recover reasonable costs incurred in pursuing unpaid accounts.

3. Liability and Indemnity

You agree to indemnify and hold us harmless against any losses, costs or expenses we incur as a result of a breach of these Terms of Business by you.

This may include reasonable administrative costs where:

• A cheque is returned unpaid
• Payment reminders are issued
• Debt recovery services are required

Where necessary, we may seek to recover outstanding sums through legal proceedings and request that associated legal costs are awarded.

4. Data Protection and Privacy

We respect the confidential nature of the information entrusted to us.

Any personal data provided to us will be processed in accordance with:

• UK General Data Protection Regulation (UK GDPR)
• Data Protection Act 2018

We will use personal information only for the purposes of arranging and delivering funeral services, unless you provide explicit consent for other uses.

In order to fulfil our services, we may share relevant information with third parties involved in the funeral arrangements, such as:

• Crematoria or burial authorities
• Ministers or celebrants
• Florists or newspaper publishers

We will never sell or pass your personal information to third parties for marketing purposes.

You have the right to request access to personal data we hold about you and to request corrections where necessary.

Our Privacy Policy provides further information on how we process and protect personal data.

5. Cooling-Off Period

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you may have the right to cancel this agreement within 14 days of entering into it.

However, funeral arrangements often need to commence immediately. If you request us to begin providing services within the cooling-off period, you may be required to pay a reasonable charge for services already provided should you later decide to cancel.

6. Termination of Instructions

This agreement may be terminated before services are completed:

• By you, by providing written notice withdrawing your instructions
• By us, if you fail to comply with these Terms of Business

Where termination occurs after work has commenced, we may charge a reasonable amount for services provided and costs incurred up to the date of termination.

7. Service Timings

Dates and times discussed during funeral arrangements cannot be guaranteed until all bookings with third parties have been confirmed.

While we will always endeavour to provide services as arranged, circumstances beyond our control may occasionally require adjustments. In such cases we will inform you as soon as possible and discuss alternative arrangements.

8. Agreement and Legal Jurisdiction

By instructing Derek Wittmann Family Funeral Directors to act on your behalf, you confirm that you accept these Terms of Business.

These terms do not create enforceable rights for third parties under the Contract (Third Party Rights) (Scotland) Act 2017.

If any provision of these terms is found to be unenforceable, the remaining provisions will remain in effect.

Nothing within these Terms limits or excludes liability for death or personal injury caused by negligence.

These Terms of Business are governed by Scots Law, and any legal proceedings shall be brought in the appropriate Scottish Court.