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Terms of business

1.  About us 

J Bennett & Son (Insurance Brokers) Ltd (We/us) act independently on behalf of our clients as an intermediary, and not for any particular insurer. The Service that we offer is advice on, and the arrangement of, general insurance, credit broking and debt administration.  We do not offer any advice in any other areas.

We can act both as agent of the insurer, and on behalf of you, the customer when collecting premiums under risk transfer and administering claims. We have in place management controls to deal with any conflicts of interest that might arise.  

2.  Product selection.

We offer products from a wide range of insurance companies.  Our selection usually involves presenting to a reasonable number of insurance companies that will insure for the risk at hand, and this is called a fair analysis of the market.  Sometimes we may only approach two or three insurers and this is a limited panel.  We normally arrange insurance for Hot Air Balloons through our scheme with MSF Pritchard Syndicate 318 @ Lloyds and, in these circumstances, we will be the agent of the insurer.  We will always inform you as part of our selling process how we have made our recommendation. You can always request a list of the companies that we have approached.

We will ask questions to enable us to reasonably assess your insurance requirements, this may include checking information that we already hold about you and your existing insurance arrangements with us and other parties.  We will provide you with advice and guidance, after assessing what you want and need and recommend a suitable policy based on our experience of dealing with similar risks.

3.  Customer Duty to give information.

It is your responsibility to provide complete and accurate information, at all times. If you become aware that any incorrect, misleading or incomplete information has been given in the past, please speak to us as soon as possible.  Failure to notify us of any errors or missing information could lead to your policy being cancelled or amended or a claim not being paid.

Following the passing of The Insurance Act 2015, insurers acceptance of your risk is based on a fair presentation, including any unusual or special circumstances which increase the risk, and any particular concerns which have led you to seek insurance. Fair presentation requires you to provide information which is accurate, and in a format which is reasonably accessible, whilst ensuring that you have made reasonable efforts to obtain and provide relevant information.  If you are in any doubt as to whether information is relevant you should ask us.

If we ever offer cover where an insurer has contracted out of The Insurance Act 2015 we will clearly point this out at the time

4.  Confidentiality.

All personal information about you will be treated as private and confidential and will only be used in accordance with the Data Protection regulations. We may from time to time provide you with information about additional products and services that we feel may be of benefit to you.

You have the right to see any personal information about you that we hold in our records.  We will, in addition use information we hold for marketing similar products or services to you by us and carefully selected companies. Contact may include SMS text, post, telephone or e-mail. If you do not want us to use your information in this way, please let us know

5.  Our remuneration. 

We normally receive a commission payment from the insurer we select, which can vary by policy type and insurer. In addition, we may also receive profit commission, and or bonuses, from insurers, based on our account performance.

We also receive commission from finance providers if we arrange payment of premiums through them. We will disclose details of any amounts we receive, for arranging your insurance, on request.

In addition to, or instead of, commission we may also charge fees, which will always be clearly shown, and agreed, prior to cover being placed. We reserve the right to deduct the commission reclaimed for mid-term adjustments and cancellations, from any refunds of premium. Additionally, we may charge a small fee for adjustments and replacement documentation.

6.  Payment.

Payment is due at the time cover is arranged and may be by cash, cheque, debit card, credit card or BACS.  We may also be able to arrange instalment payment through the insurer’s own facilities or a third party premium finance provider. If we do arrange finance it will be on the best terms for you.

If you choose to enter into a finance arrangement, your details will be passed to a third party (insurer or lender) to enable them to contact you and you should contact us at the address given in this document if you do not want your details passed to that party. This finance arrangement will be subject to interest charges that we will confirm to you when providing the details.  Importantly, the arrangement you will enter into will be with the finance company not us.  It is an entirely separate contract irrespective of the insurance contract.  In the event of your failure to meet with the contractual obligations regarding payment the finance provider could approach the insurer to seek a termination of the insurance contract to recoup their outstanding finance arrears. You will be liable to pay their costs and charges if you do not keep up your repayments and cover is cancelled under your policy. This is because the agreement is between you and the finance company direct, not us or the insurer. It is important that you read the finance agreement that is sent to you before you agree to enter into such an agreement. 

If you are a consumer as defined under the Consumer Credit Act, you will have the benefit of a 14 day cooling off period.

7.  Looking after your premium.

Client money is held in a non-statutory trust bank account, for your protection, pending settlement of premiums to insurers. A non-statutory trust account allows us to use the money held in trust on behalf of one customer to pay another customer’s premium before we receive it from that customer and to pay premium refunds before we receive payment from Insurance Companies. This is a standard practice within the Insurance Industry and we cannot use your money for any other purpose.

We do not pay any interest on premiums held by us in the course of arranging and administering your insurance and, unless you tell us otherwise, you are consenting to us holding your money in this way.

In arranging your insurance we may employ the services of other intermediaries regulated by the FCA and your premium may be passed to these intermediaries for payment to insurers.

8.  Background checks 

To assist in evaluation of clients many insurers conduct credit checks, and we may also do this, because a good credit rating can reduce your premium, and any finance costs.

We are also required by the FCA to conduct other searches in relation to financial sanctions and money laundering.  By dealing with us you agree to us carrying out these checks from time to time.

9.  Limitation of liability

Our liability for any losses suffered by you as arising directly from any negligent performance of our services shall be limited to £5,000,000 any one claim. We will not be liable to you for any pure economic loss, loss of profit or loss of business, whether direct, indirect or consequential, which arises out of our services or this agreement.

10.  Who regulates us? 

We are authorised and regulated by the Financial Conduct Authority, and our registration number is 305756. You can check this on the FCA Register at www.fca.org.uk/register or by contacting the FCA on 0800 111 6768

11.  Complaints abut our service. 

Complaints are handled with the utmost importance and care at J Bennett & Son (Insurance Brokers) Ltd, and we aim to resolve all complaints in an efficient manner whilst ensuring compliance with the complaints handling procedural requirements set out by the Financial Conduct Authority (FCA), Lloyds and other applicable regulatory bodies.

If you would like to make a complaint please provide us with the following information, written or verbally, so that we can deal with your complaint as effectively as possible:

  • Your policy number and/or claim reference number (if applicable)
  • Your full name, address and contact telephone number
  • Details of any previous correspondence you have had with us or your insurer
  • Details of your complaint and who it is against

Please address your complaint to Robert Newton by post to J Bennett & Son (Insurance Brokers) Ltd, 9 North’s Estate, Old Oxford Road, Piddington, High Wycombe HP14 3BE, or by telephoning 01494 455808, or by emailing rnewton@jbennett.co.uk 

If we are unable to resolve the issue to your satisfaction by the end of the third business day, we will formally investigate the matter.  You will receive an acknowledgement of the matter, together with a copy of our complaints process, promptly and certainly within 5 working days. We will then aim to investigate and provide a resolution as quickly as possible, informing you of a final response no later than 8 weeks from the date of the complaint.

Lloyds Policyholders may refer any dissatisfaction by post to the Complaints Department at Lloyds, One Lime Street, London, EC3M 7HA or by telephoning 0207 327 5693 or emailing complaints@lloyds.com  

If you are not happy with the response from us and or Lloyds, or the position after a period of 8 weeks, you may be eligible to refer your complaint to the Financial Ombudsman Service (FOS) for an independent assessment and opinion.  The FOS Consumer Helpline is on 0800 023 4567 (free for people phoning from a "fixed line" eg a landline at home) or 0300 123 9123 (free for mobile-phone users paying monthly charge for calls to No’s starting 01 or 02). Alternatively, you can contact them at Financial Ombudsman Service, Exchange Tower, Harbour Exchange Square, London E14 9SR, or by emailing complaint.info@financial-ombudsman.org.uk  or visiting their website at www.financial-ombudsman.org.uk

12.  Are we covered by the Financial Services Compensation Scheme (FSCS)

We are covered by the FSCS.  If we are unable to meet our obligations, you may be entitled to compensation from the FSCS. If we have advised or arranged insurance for you this will be covered for 90% of a claim, without any upper limit, however claims under compulsory insurance, professional indemnity insurance and certain claims for injury, sickness or infirmity of the policyholder are protected at 100%.  Further information is available from the FSCS helpline on 0800 678 1100 or 020 7741 4100 and www.fscs.org.uk.

The FSCS is the UK’s statutory fund of last resort for customers of authorised financial services firms.  Compensation is usually payable if an authorised firm is unable or unlikely to pay claims, usually because it has ceased trading or become insolvent

13.  The law.

English Law is applicable.

14. Termination.

Either party may terminate the agreement for J Bennett & Son (Insurance Brokers) Ltd to act subject to 14 days written notice, or non-renewal of a policy. We may retain records of our dealings with you for at least six years post termination.  Any post termination work we are asked to undertake will be charged at £250.00 per hour or part thereof. 

Revised January 2018      R T Newton

Terms of use

Agreement between user and J Bennett & Son (Insurance Brokers) Ltd.

The J Bennett & Son (Insurance Brokers) Ltd Web Site is comprised of various Web pages operated by J Bennett & Son (Insurance Brokers) Ltd.

The J Bennett & Son (Insurance Brokers) Ltd Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the J Bennett & Son (Insurance Brokers) Ltd Web Site constitutes your agreement to all such terms, conditions, and notices.

Modification of these terms of use.

J Bennett & Son (Insurance Brokers) Ltd reserves the right to change the terms, conditions, and notices under which the J Bennett & Son (Insurance Brokers) Ltd Web Site is offered, including but not limited to the charges associated with the use of the J Bennett & Son (Insurance Brokers) Ltd Web Site.

Links to third party sites.

The J Bennett & Son (Insurance Brokers) Ltd Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of J Bennett & Son (Insurance Brokers) Ltd and J Bennett & Son (Insurance Brokers) Ltd is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. J Bennett & Son (Insurance Brokers) Ltd is not responsible for webcasting or any other form of transmission received from any Linked Site. J Bennett & Son (Insurance Brokers) Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement J Bennett & Son (Insurance Brokers) Ltd of the site or any association with its operators.

No unlawful or prohibited use.

J Bennett & Son As a condition of your use of the J Bennett & Son (Insurance Brokers) Ltd Web Site, you warrant to J Bennett & Son (Insurance Brokers) Ltd that you will not use the J Bennett & Son (Insurance Brokers) Ltd Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the J Bennett & Son (Insurance Brokers) Ltd Web Site in any manner which could damage, disable, overburden, or impair the J Bennett & Son (Insurance Brokers) Ltd Web Site or interfere with any other party's use and enjoyment of the J Bennett & Son (Insurance Brokers) Ltd Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the J Bennett & Son (Insurance Brokers) Ltd Web Sites.

Use of communication services.

The J Bennett & Son (Insurance Brokers) Ltd Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

J Bennett & Son (Insurance Brokers) Ltd has no obligation to monitor the Communication Services. However, J Bennett & Son (Insurance Brokers) Ltd reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. J Bennett & Son (Insurance Brokers) Ltd reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

J Bennett & Son (Insurance Brokers) Ltd reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in J Bennett & Son (Insurance Brokers) Ltd's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. J Bennett & Son (Insurance Brokers) Ltd does not control or endorse the content, messages or information found in any Communication Service and, therefore, J Bennett & Son (Insurance Brokers) Ltd specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized J Bennett & Son (Insurance Brokers) Ltd spokespersons, and their views do not necessarily reflect those of J Bennett & Son (Insurance Brokers) Ltd.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to J Bennett & Son (Insurance Brokers) Ltd or posted at any J Bennett & Son (Insurance Brokers) Ltd website.

J Bennett & Son (Insurance Brokers) Ltd does not claim ownership of the materials you provide to J Bennett & Son (Insurance Brokers) Ltd (including feedback and suggestions) or post, upload, input or submit to any J Bennett & Son (Insurance Brokers) Ltd Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting J Bennett & Son (Insurance Brokers) Ltd, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. J Bennett & Son (Insurance Brokers) Ltd is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in J Bennett & Son (Insurance Brokers) Ltd's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability disclaimer.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE J Bennett & Son (Insurance Brokers) Ltd WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. J Bennett & Son (Insurance Brokers) Ltd AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE J Bennett & Son (Insurance Brokers) Ltd WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE J Bennett & Son (Insurance Brokers) Ltd WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

J Bennett & Son (Insurance Brokers) Ltd AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE J Bennett & Son (Insurance Brokers) Ltd WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. J Bennett & Son (Insurance Brokers) Ltd AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL J Bennett & Son (Insurance Brokers) Ltd AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE J Bennett & Son (Insurance Brokers) Ltd WEB SITE, WITH THE DELAY OR INABILITY TO USE THE J Bennett & Son (Insurance Brokers) Ltd WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE J Bennett & Son (Insurance Brokers) Ltd WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE J Bennett & Son (Insurance Brokers) Ltd WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF J Bennett & Son (Insurance Brokers) Ltd OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE J Bennett & Son (Insurance Brokers) Ltd WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE J Bennett & Son (Insurance Brokers) Ltd WEB SITE.

SERVICE CONTACT : psutcliffe@jbennett.co.uk

Termination/access restriction.

J Bennett & Son (Insurance Brokers) Ltd reserves the right, in its sole discretion, to terminate your access to the J Bennett & Son (Insurance Brokers) Ltd Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the J Bennett & Son (Insurance Brokers) Ltd Web Site. Use of the J Bennett & Son (Insurance Brokers) Ltd Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and J Bennett & Son (Insurance Brokers) Ltd as a result of this agreement or use of the J Bennett & Son (Insurance Brokers) Ltd Web Site. J Bennett & Son (Insurance Brokers) Ltd's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of J Bennett & Son (Insurance Brokers) Ltd's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the J Bennett & Son (Insurance Brokers) Ltd Web Site or information provided to or gathered by J Bennett & Son (Insurance Brokers) Ltd with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and J Bennett & Son (Insurance Brokers) Ltd with respect to the J Bennett & Son (Insurance Brokers) Ltd Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and J Bennett & Son (Insurance Brokers) Ltd with respect to the J Bennett & Son (Insurance Brokers) Ltd Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and trademark notices.

All contents of the J Bennett & Son (Insurance Brokers) Ltd Web Site are: Copyright 2012 J Bennett & Son and/or its suppliers. All rights reserved.

Trademarks.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Notices and procedure for making claims of copyright infringement.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement

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