1.0 Who is conducting the tests?

AR Healthcare and Pharma in association with Oxford Road Clinics trading as AR Healthcare. Registered in England: 13422317 United Kingdom Accreditation Service (UKAS) with accreditation number 23386 is the body responsible for conducting the test. The company works with Brightsun Travel for marketing and distribution of its tests in the United Kingdom as one of its partners.

2.0 Testing Terms and conditions

2.1 These tests sold are home administered PCR test kits. The procedure has been uploaded here https://www.btres.com/pcrtest-offline/PCR-outbound-test
https://www.btres.com/pcrtest-offline/PCR-inbound-test 2.2 The test(s) may be collected from our offices or posted to the traveller. uploaded here: 2.3 PCR test delivered to your chosen UK address, or collected from our offices. Both methods will include Home testing kit(s) and need to be self-administered. 2.4 Brightsun / AR Healthcare are not responsible for checking the type of test that is being conducted is satisfactory for your transit(s) or your final destination. This is because government conditions are changing with very little notice. The team at GFT@brightsun.co.uk will try to provide the most up to date guidance for your travel. 2.5 A PCR result that is positive, confirms that the Covid-19 virus is present, and you should follow the most resent government guidance. 2.6 The accuracy in completing the documentation in the PCR booking process will be your responsibility. Furthermore, you are responsible for following instructions correctly when performing your test to avoid an “inconclusive” result 2.7 Test results will be provided within following timelines electronically with a certificate.

OUTBOUND TESTS
Test 101 HOME Tests collected from BRIGHTSUN office. If test taken on Day 0, lab received test on Day 1 then Result is sent on Day 2 by 20:00.
Test 103 HOME Tests collected from BRIGHTSUN office. If test taken on Day 0, lab received test on Day 1 then Result is sent on Day 1 by 20:00.
Test 105 Tests at Reading /Slough Laboratory AR HEALTHCARE. If test taken on Day 0, at hour 0, then Result is sent by email Day 0 at hour 4.
INBOUND TESTS
Test 201 Day 2 Test to be booked before departure from destination to UK and to be collected from BRIGHTSUN office.
Test 203 Day 2 & Day 8 Test to be booked before departure from destination to UK and to be collected from BRIGHTSUN office.
Test 204 Day 5 Test to be booked when passenger is in UK and to be collected from BRIGHTSUN Office.

2.8  Brightsun is legally required to share information input on the PCR booking for with Public Health England. The information may include your name and date of birth, passport number, and the results of the test. This information may be used as part of any test and trace service being operated by the government in your jurisdiction. Please find a link to our privacy notice https://www.btres.com/privacy-policy that includes contact details for our Data Protection Officer. 2.9 You should follow government guidelines if you feel unwell, and have a high temperature or continuous cough. You should not attempt to travel if you have tested positive 2.10 A negative test results do not rule out possible other non-COVID-19 viral infections. 2.11 If the result of the PCR test is inconclusive, you will have to contact GST@brightsun.co.uk to rearrange your test. 2.12 If INBOUND tests such as Day 2, and Day 8 tests, show your result as positive then your sample will be subject to genome sequencing which may be carried out by a third party to check for variants of COVID-19, to comply with the Government Regulations.

3.0 Third Party information

By paying and booking for a test, you give us your consent to: 3.1 Continue with the sample testing at a prescribed laboratory for your home test kit/ lateral flow kit You also confirm that: 3.2 You have understood that data will be held and shared in accordance with these Terms and Conditions with Government organisations and other testing laboratories. 3.3 You have obtained the explicit consent from these third parties to provide their personal data to us.

4.0 Liability towards customers

4.1 The terms of liability with these Terms and Conditions including liability in contract, tort, negligence, misrepresentation, or other.
4.11 These Terms and Conditions shall limit the liability of any party or another person for: 4.12 death or personal injury caused by negligence. 4.13 For any fraudulent misrepresentation. 4.14 for breach of statutory tests 4.15 For any act, omission or matter, liability of which may not be limited or excluded under any applicable law.
4.2 To the extent permitted by law, Brightsun Travel UK, Ltd, and AR Pharma Healthcare and all related group of companies and all third parties connected in relation to the testing. These exclude :
4.21 the laboratory was prevented from testing for any reason, 4.22 The test results not being made available within specified times in 2.7 due to unforeseen circumstances for force majeure. 4.23 Any cancellation / rebooking charges for your travel plans due to an inconclusive test result 4.24 Any incomplete information, for you or failure to follow instructions provided to you in relation to sample collection or pre-sample preparation requirements, 4.25 Any loss or damage not previously foreseen 4.26 Your failure to take your test sample in accordance with the directions laid out in your home test kit leading to an indeterminate or invalid test result. 4.27 Your failure to correctly package, and send the sample back through a tracked delivery firm or for using an inadequate delivery company or for using a delivery mechanism that does not guarantee next day delivery. 4.28 The full liability on behalf of Brightsun Travel UK Ltd and AR Healthcare Ltd is limited to the total value paid for each test.

5.0 Cancellation of tests, and rebooking of tests

5.1 Once the test has been booked the laboratory reserves resources and timeslots for the tests. Therefore, the tests are NON-REFUNDABLE. For the same reason these tests cannot be rebooked. The changes to your flight by your flight operator, does not mean that rebooking of your tests can take place. If the flights have been changed which result in the timelines of the TEST result being lapsed then a new test will have to be paid for an applied. This is because your contract is with a medicinal / pharmaceutical; product which has a limited shelf life and cannot be reused. Hence, cancellation rights under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply.

6.0 Payment for tests

6.1. The service provided are for home testing and do not include any postage / delivery costs. Any tests that are urgent will require an administration charge. 6.2 Tests will not be booked unless full payment has been received.

7.0 Right to amend Terms

7.1 We reserve the right to reasonably amend Terms & Conditions as Government guidelines change and new procedures are adopted. 7.2 Your rights are shared with AR Healthcare and Pharma LTD 13422317 and Brightsun Travel UK Ltd registration number 2024271. This Agreement is between the person paying for our services and AR Healthcare and Pharma LTD 13422317. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Any communication between Brightsun Travel UK Ltd and AR Healthcare may be both in electronic format via, email or text of through postal mail. By accepting this agreement, you agree to these forms of communication that we provide to you electronically or hard copy comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 7.3 If Brightsun Travel UK Ltd/ AR Healthcare fail to insist that you perform any of your obligations under the Terms & Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will notbe seen to imply that our rights have been waived against doing so. If a misrepresentation is to be waived, it will be done so in writing through electronic means or post 7.5 Abusive behaviour towards any of the Brightsun or AR Healthcare team will not be tolerated and we reserve the right to deny access and report behaviour to the appropriate authorities

8.0 Service Commitment

If you have any feedback, please contact GFT@brightsun.co.uk. If an error occurs during the booking process, please contact us on +44 208 8191111. The Guidelines for Travel service is restricted to opening times of laboratories so we may be restricted to provide information out of hours. If there is a serious error with the processing of this process, please escalate the incident to accounts@brightsun.co.uk

9.0 Jurisdiction of Law

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising from this transaction shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.