Terms & Conditions

TERMS AND CONDITIONS

  1. Application Form
    • By submitting the application form you are agreeing to purchase the Exclusive Right of Burial from us, subject to these terms.  To receive the Exclusive Right of Burial, you must pay for it in full in accordance with these terms.
  2. Issue of Certificate
    • Once you have paid for the Exclusive Right of Burial, we will issue you with the Certificate.  If you lose or destroy the Certificate, you must notify us immediately in writing and we will issue you with a duplicate.
  3. Amendments
    • The Exclusive Right of Burial may not be varied or amended.  We may, at our absolute discretion, agree to variations to the Exclusive Right of Burial that you request in writing.  You must send any Certificate you have received to us (or any duplicate) when you make such a request. We may, at our absolute discretion, agree to a written request by you to purchase an alternative arrangement in place of the Exclusive Right of Burial (ie a change in the selected area of the site, or a change in the type of plot you have purchased).  Such agreement will be subject to such additional Terms (including without limitation, Terms relating to payment) as we reasonably require.  You must send any existing or duplicate Certificate you have received from us when you make such a request.
  4. Availability
    • The passage of time and/or changes in circumstances may unavoidably affect the availability of certain arrangements e.g. the selected burial area and/or plot.
    • In the event that you or your Representatives do not agree to such alternative arrangements, then we will cancel the Exclusive Right of Burial and will return all monies paid to us within 28 days of notification of cancellation, following which we will have no further obligation to provide rights of Burial.
    • There will be a cancellation fee of £150 (or as applicable at the time of cancellation).
  5. Cancellations and Refunds
    • If you wish to cancel your Exclusive Rights of Burial within 3 months of the date of purchase, you must give us written notice and (where a Certificate has been issued) return your Certificate (or any duplicate) to us.  We will not be able to refund otherwise.  We will refund all monies less a cancellation fee of £150 (or as applicable at the time of cancellation).
    • After this period, you may cancel your Exclusive Right of Burial, only under exceptional circumstances (e.g. moving abroad or far away).  In this instance, the same terms apply as above.
    • Following your death, your representatives cannot cancel the Exclusive Right of Burial, nor can the Exclusive Right of Burial be cancelled after the death of the Grantee.  No monies under these circumstances will be refunded.  It is therefore important that your relatives/representatives are made aware of your arrangements.
    • If we are unable to provide the burial plot(s) because of circumstances outside our control, e.g. changes in legislation, unsuitable ground conditions, strikes, floods, fire; then we reserve the right to cancel the Exclusive Right of Burial and to repay all monies you have paid to us, back to you or to your representatives, following which we will have no further obligation to provide the Right of Burial.
    • Exclusive Right of Burial to specific plots cannot be sold or transferred without our written consent.  Any consent granted will incur an administration fee applicable at that time.  New owners must agree and sign the Terms and Conditions.
  6. Complaints Procedure
    • If you have any complaint in relation to your Exclusive Right of Burial or payment, please write to us at our office address, found on this website.  We will acknowledge your complaint within 5 working days and then endeavour to resolve the complaint within a further 28 days.
  7. Provision of the Right of Burial
    • For the avoidance of doubt, we are under no obligation to give any refund should you or your Representatives decide not to receive the Burial Right to which you are entitled.
    • We are not obliged to provide any Exclusive Right of Burial until the Price is fully paid.  Accordingly, after death, the relevant representatives must supply:
      • the Applicant’s or Grantee’s ‘Registrar or Coroner’s Authority to Bury’ Certificate and
      • surrender the Certificate (or a certified duplicate Certificate) to us at our office address as proof of payment and
      • pay the Burial Registration Fee before any Right of Burial is provided.
  8. Notifying us
    • You or your representatives must notify us in writing and deliver it personally, send it by first class post to our registered address or by email to info@belsaywoodlandburials.com before the funeral arrangements are publicly announced.  We must have at least three working days’ notice in advance of the interment.
  9. Responsibility for Claims
    • Please note that it is the sole responsibility of you or your representatives to claim the Right of Burial.
  10. Conditions Relating to the Grave
    • We will provide reference markers to be used to locate the position of the grave and we will have sole discretion in the selection of planting, landscaping and maintenance of the Natural Burial Ground.  Only biodegradable coffins, urns or shrouds from sustainable resources shall be used.  No embalmed remains can be interred.
  11. Notice of Interment
    • Notice of Interment must be given on our printed Interment Form and must be completed properly and in full.  Responsibility for any errors and omissions rests with the person submitting the Notice. We must receive Notice at least three clear working days before the date of interment.
    • All charges and fees connected with the interment shall accompany the Notice of Interment.  Except for memorials specified and approved by us at Belsay Woodland Burials, no other memorials, mementos, kerbs, vases, wreaths, or other forms of memorial or marker will be permitted.
    • The price of interment does not include any memorials or tree planting.  Individuals buying a pre-purchase plot must appreciate that if their plot is not occupied for many years, their neighbour’s trees may have developed to the extent that the canopy may have closed in.  The burial can still take place but there may not be enough light for their own memorial tree to flourish and an alternative area for the tree will be offered.
  12. Grave Digging
    • For reasons of health and safety, only the Nominated Grave Digger shall dig graves.  The Exclusive Right of Burial will not cover any charges imposed for digging and back-filling the grave by the Nominated Grave Digger.  This fee is charged separately and must be paid by you or your representatives.
  13. Unclaimed Right of Burial
    • If the Exclusive Right of Burial has not been claimed by the 50th anniversary of your Date of Purchase (“the Period”), or upon our being made aware that you or the Grantee may have died, then we may write to you at your last known address to establish that it is still your intention to claim the Exclusive Right of Burial.  If we do not hear from you to the contrary within 56 days of such a letter, then we shall be entitled to consider that you have chosen not to claim the Exclusive Right of Burial and we may, at our discretion, cancel the Exclusive Right of Burial and may retain the monies.
  14. Additional Charges
    • We reserve the right to impose reasonable additional charges to reflect the impact of any regulatory change, taxation and legislative requirements relating to our provision of the Exclusive Right of Burial and Burial Registration Fee.
  15. Miscellaneous
    • You enter Belsay Woodland Burial Ground at your own risk.   We cannot accept any liability whatsoever for the loss or damage to any vehicle, its contents or your possessions save to the extent that it is proved to be caused by the negligence, or wilful default of us, our staff or agents.
    • You and your representatives shall be responsible for complying with all statutes, laws, regulations, codes of practice as may be amended from time to time and may reasonable instructions from us which relate to the site.
    • You and your representatives shall be responsible for all persons present at Belsay Woodland Burial Ground with your consent (including children and dogs) and shall ensure that at all times they behave in a suitable and appropriate manner and shall be suitably supervised.
  16. Waiver
    • The failure of either party at any time to enforce any of the Terms, provisions or conditions of the agreement, or to exercise any right under it, shall not constitute a waiver or affect that party’s rights thereafter.
  17. General
    • These Terms and Conditions, together with the payment and your application form, constitute the agreement between us and you regarding the Exclusive Right of Burial to which they refer.  They do not affect your statutory rights.  A person who is not party to this agreement (including, without limitation, the Grantee or their Representatives) shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.  This shall not affect any right or remedy of any person arising otherwise than under that Act.  If any part of the agreement proves ineffective the remainder shall not be prejudiced.  This agreement shall be governed by English Law.  There is no interest payable to you in respect of the Price or of the monies used to purchase your Exclusive Right of Burial whether fully paid, cancelled or redeemed.
  18. Indemnity
    • You and your representatives shall be responsible for and indemnify and keep us indemnified against any loss (including consequential or economic loss) or damage which you and your representatives may sustain or suffer by or as a result of a breach of the Terms of this Contract, including but without prejudice to the foregoing generality, a breach of Conditions 11, 12 and 15 hereof.
  19. Data Protection
    • We agree that in relation to the personal data we process in connection with the Agreement, such processing will be undertaken by us, our staff and our agents in accordance with the Data Protection Act 1998 and any subsequent and applicable data protection legislation.
  20. Address for Correspondence
    • Belsay Woodland Burials, Belsay Estate Office, Belsay, Northumberland NE20 0EY
    • Please note that Belsay Woodland Burials is a registered trading name of Belsay Estate LLP. Belsay Estate LLP is a limited liability partnership registered in England and Wales with no. OC416376 whose registered office is at 31 Hill Street, London W1J 5LS. The partners of Belsay Estate LLP are Laura de Wesselow, Peter de Wesselow and Sir Hugh Blackett.