Terms of service
You should read these terms and conditions carefully before ordering any Services from our site. Please understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
We recommend that you print a copy of these terms and conditions for future reference. You should understand that if you refuse to accept these terms and conditions, you will not be able to proceed with your order for our Services from our site.
1. Company information
1.1 Our Company operates the website europeanhealthinsurancecard.com as a trading style of Smith & Lawson Ltd. Registered office Equity House, 128-136 High Street, Edgware, Middlesex, HA8 7TT. Registered in England and Wales. Company Number: 07955272. Please do not send any correspondence to this address as it will not be read. Should you wish to contact us by mail for any reason, you can get in touch at: EHIC Direct, PO Box 2965, Romford, RM7 1RG.
1.2 Our company is NOT connected to or affiliated with the National Health Service, The Department of Health or any other official Government body. We offer a review and submission service for European Health Insurance Card (“a Health Card”) applications in return for a processing fee. You can apply independently and at no cost for a Health Card by visiting the official website; www.ehic.org.uk
2. The Service
2.1 In consideration of your payment in accordance with condition 8 and your compliance with your obligations in condition 3 we will use our reasonable endeavours to provide you with the following (“the Service”);
2.1.1 review and check the information you have submitted on the application form on this website (“the Application Form”) for obvious typographical errors and ensure all details required by the National Health Service Business Services Authority (“NHSBSA”) for the provision of a Health Card has been included by you on the Application Form within the time scales set out on our website for the specific type of Service you have ordered
2.1.2 in the event that any errors are found in accordance with condition 2.1.1, to contact you and request the correct information from you and insert that new information as supplied by you in the place of the erroneous information on the Application Form
2.1.3 once the Application Form has been checked and amended in accordance with conditions 2.1.1 and 2.1.2 hereof to submit an application either electronically or by post to the NHSBSA (or such other organisation as may from time to time be appointed to provide the European Health Insurance Cards) for a Health Card to be produced and sent to you for such persons as
are detailed in your Application Form
2.1.4 to provide you with an email confirmation that either an application has been submitted to NHSBSA or that your information and data has been checked and it has been verified that a Health Card has already been issued for you or the persons named in the Application Form which is still valid and in date
2.1.5 If you have submitted an application and have opted not to enter a valid email address, an email address will be generated for you by EHIC Direct in order to complete an online application. In this situation we will be unable to send you the email confirmations which include the following: confirmation of applicant’s details, confirmation that an agent has started work on your application, and confirmation of payment. Confirmation of payment from the secure payment merchant will also be unavailable if you have opted not to enter in a personal email address. If you wish to have a copy of one or all of the confirmations generated when applying through EHIC Direct, we will arrange paper copies to be sent to a postal address upon the customer’s request.
2.2 For the avoidance of doubt our Service will have been completed upon the completion and submission of a form to NHSBSA (or such other organisation as may from time to be appointed to provide the European Health Insurance Card) to request your Health Card/s and an email has been sent to you in accordance with condition 2.1.4
2.3 The Health Card/s themselves are created and sent to you by NHSBSA. As we do not create or send the Health Card/s to you we are not liable for any delay in your receiving the same and do NOT provide a follow up or chasing service. Should you not receive your Health Card within 14 days of submitting your Application Form please contact NHSBSA directly on 0845 605 0707
2.4 If it is necessary for us to contact you in relation to incorrect information entered on your Application Form in accordance with condition 2.1.2 we shall do so using the contact details you have provided us with and should we not receive any response from you within 2 months your Contract with us will end and no refund will be given to you.
3. Your Status and Responsibilities to Us
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 16 years old;
(c) the main applicant on the Application Form is at least 16 years old;
(d) the information you have provided us with in the Application Form is entirely accurate and correct to the very best of your knowledge;
(e) you are eligible for a Health Card;
(f) you are not using the website or Service to commit any criminal or fraudulent act nor to cause nuisance or annoyance or inconvenience to any other person;
(g) when ordering the Service and entering information on the Application Form in respect of others (“Third Parties”), that Third Party also complies with the criteria set out in conditions 2 (a) � (e);
(h) you give consent to us to submit the information you provide in your Application Form (or subsequently provide us with) to NHSBSA (or such other organisation as may from time to be appointed to provide the European Health Insurance Card) and that you have obtained such authority from any Third Parties in respect of information relating to that Third Party (i) when ordering the Service and entering information on the Application Form for Third Parties you fully indemnify us against any breach of these terms and conditions by that Third Party
(j) you are of British, EU, EEA or Swiss nationality and are a UK resident (k) Should you or any Third Party named on the Application Form remain abroad for the purposes of living and/or working you must immediately inform the relevant authorities and you must return your Health Card (or the Health Card of the relevant Third Party) to the NHSBSA (l) I hereby give consent for the website europeanhealthinsurancecard.com to create a free registration email address account on my behalf. This email address will solely be used for the purpose of registration in order to use the EHIC Services Portal which can be found at www.ehic.org.uk.4. How The Contract is Formed Between You and Us
4.1 After placing an order and completing the Application Form, you will receive an email from us acknowledging that we have received your Application Form. This is our acceptance of your offer to use our Services.
4.2 The Contract is formed following our acceptance in accordance with condition 4.1 and your payment in accordance with condition 8. Until both payment is made and our acceptance is given, no contract has been formed.
5.1 Cancellation and Refunds
As stated by the Consumer Contracts Regulations “The right to cancel can be lost during the cancellation period if the service is provided in full before the 14 days elapses”. Our service fee is for the review, submission and optional reminder service that we provide and we are not able to undo our service. By availing our service, you authorise EHIC Direct to start the work immediately and will not be entitled to cancel once your order has been placed. Our processing team work in real time and will in many cases have started the review of your application within minutes of you submitting your application online. Submission of your application to the NHS can take up to 48 hours. For applicants that do not enter an email address when applying it will be impossible for EHIC Direct to send an email confirming when the work has started on the application, therefore Ehic Direct will log the date and time on the applicants file.
As stated by the Consumer Contracts Regulations “The right to cancel can be lost during the cancellation period if the service is provided in full before the 14 days elapses”. Our service fee is for the review, submission and optional reminder service that we provide and we are not able to undo our service. If your application cannot be processed due to the fact that you, or any person on your application is already registered with a valid EHIC a refund will not be granted as our checking and review services will have been completed prior to your application being submitted to the NHS. Refund requests must be submitted by email to firstname.lastname@example.org. Any refund that may be agreed on an exceptional basis will be subject to a £10 admin fee.
5.2 This provision does not affect your other statutory rights as a consumer.6. Termination of Service
6.1 We reserve the right to cancel or terminate our Contract with you at any time and for any reason at our sole discretion. Should we terminate our Contract with you we will refund all (or a proportionate part of) your payment made in accordance with condition 8 but such refund will be in our sole and absolute discretion.
6.2 For the avoidance of doubt no refund will be given in the event the Service is terminated due to your failure to comply with any of these terms and conditions and you have failed to remedy such failure upon being given notice of the same or in the event we believe you have provided us with false or misleading information
7.1 We will use reasonable endeavours to provide the Service to you within the timescales set out on our website for the particular service you have ordered.
7.2 Our Customer Support service is available from Monday to Friday (excluding bank holidays) between the hours of 10am to 5pm. We endeavour to process all applications within 1 hour of the submission online, but in some cases this can take up to 24 hours.
8.1 The price of the Services will be as quoted on our site from time to time in respect of the particular type of Service you have or wish to order
8.2 VAT is included in our Prices.
8.3 Service prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation email in accordance with condition 4.1.
8.4 Payment for all Services must be by credit or debit card and must be made in advance at the time of submitting the order to us. We reserve the right to withhold our Services until such time as payment has been made in full.
8.5 By checking the tick box for ‘EHIC Renewal 5-year Reminder Service’ you are agreeing to enter a 14 day trial period for the EHIC Cloud subscription, provided by ehic-cloud.org.uk. After 14 days your trial period will cease and full annual subscription will be activated. The annual subscription for EHIC Cloud services will be charged at £5 and billed to the payment card provided with your initial transaction. Annual subscription to EHIC Cloud services must be cancelled within the 14 day trial period after which time it will not be possible to cancel the subscription until annual renewal is due, 351 days after the trial period has ended. Please note that before the 14 day trial period has elapsed, you will receive an email containing further information about the EHIC Cloud services and charges.
9. Our Liability
9.1 This condition 9 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants, and subcontractors) to you in respect of:
(a) any breach of the Contract;
(b) any use made by the you of the Services or any part of them; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
9.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9.3 Nothing in these Conditions limits or excludes our liability :
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us
9.4 Subject to condition 9.2 and condition 9.3
(a) we shall not be liable for:
(i) your not receiving the Health Card within any particular timescales or at all; or
(ii) costs of health care abroad; or
(iii) loss of profits; or
(iv) loss of business; or
(v) loss of anticipated savings; or
(vi) loss of goods; or
(vii) loss of contract; or
(viii) loss of use; or
(ix) loss or corruption of data or information; or
(x) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
(b) ) Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the price paid for the Services.
10. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This
condition does not affect your statutory rights.
All notices given by you to us must be given to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such email was sent to the specified e-mail address of the addressee.
12. Transfer of Rights and Obligations
12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. Events Outside our Control
13.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13.4 In the event we suffer a technical problem which results in the loss of the data and information that you have submitted to us on your Application Form we will be unable to provide you with the Service and upon your application for the same we will provide you with a full refund of our fees or alternatively you will provide us with the information again so that we may complete the Service for you.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire Agreement
16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
16.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
16.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
16.4 Nothing in this clause limits or excludes any liability for fraud.
17. Our Right to Vary These Terms and Conditions
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in the requirements or legislation in respect of Health Cards or such other similar entitlement and the provision thereof, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you)
18. Law and Jurisdiction
Contracts for the purchase of Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
Collection of Information
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your request for an application for the European Health Insurance Card. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Distribution of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorised transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Commitment to Data Security
Your personally identifiable information is kept secure. Only authorised employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
We are registered data controllers for the Purposes of the Data Protection Act 1998.
ICO Registration Number: Z308024X
Privacy Contact Information
By e-mail: firstname.lastname@example.org
Please allow 24 hours for a reply.
We reserve the right to make changes to this policy. Any changes to this policy will be posted on this web page, so please check back regularly.
Your credit card statement will read either “www.ehicdirect.org.uk” or “www.surfandpay.com”
©2016 EHIC Direct.
EHIC Direct is a trading name of Smith & Lawson Ltd.