Boarders Boarding Terms and Conditions:

 

1.The Client wishes to engage the Service Provider and the Service Provider agrees to undertake the services (hereafter referred to as the “Services”) as set out in this Registration Form in accordance with the terms and conditions of this Agreement. Any reference to pets in this Agreement shall refer to those specified in this form.

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2. Fees and Payment

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2.1 The Service Provider will charge the Client for the Services as quoted (the “Fees”) and the Client agrees to pay the Service Provider the Fees promptly when they fall due.

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2.2 The Client agrees to reimburse the Service Provider and its subcontractors for any additional fees for providing emergency care, as well as any expenses incurred for, without limitation, unexpected visits, transportation, housing, food or supplies on proof of a valid receipt.

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2.3 If the Client fails to make any payment on the due date, then the Service Provider shall, without prejudice to any other rights or remedies of the Service Provider, have the right to charge the Client interest daily at an annual rate of the Current Bank of England base rate + 1% on the sum due.

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2.4 Should any payment due under this Agreement remain unpaid for 7 days after it falls due, the Service Provider will be relieved of their contractual obligations under this Agreement to provide the Services until such time as payment is made.

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2.5 Prices are set out on the Price List sheet which is updated periodically.

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3. Cancellations

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3.1 In the event of the Client cancelling the Services, the Client agrees to pay the Service Provider a fee equal to:

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• Cancellation within 14 or fewer days, of the arrival date is charged at 100%.

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• Cancellation between 15 and 28 days, charged at 50%.

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• Cancellation over 29 days, No charge

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3.2 Without prejudice to clause 4.1, in the event of the Service Provider cancelling or otherwise not being able to provide the Services, the Service Provider shall either refund any monies paid under this Agreement for the Services; and

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3.2.4 The Service Provider may also then choose not to accept any further bookings requests from an existing Client, despite a signed Agreement being in force.

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4. Early Termination

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4.1 This Agreement can be terminated by either Party in line with the 4.1 cancellation charges, this is required in writing and from the client to the service provider.

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4.2 In the event of early termination, the Client shall pay the Service Provider for all fees, expenses and charges incurred up to the agreed date of termination of this Agreement.

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5. Insurance

5.1 It is agreed by the Parties that it is the Client’s responsibility to ensure that their pets and property are insured throughout the duration of their boarding period.

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6 Indemnity and liability

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6.1 This Client shall accept full liability and responsibility for any event occurring or arising from behaviour or characteristics of their pet.

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6.2 The Client will indemnify the Service Provider and its subcontractors against any damage or injury caused by the pet towards any property, person or other animal, this will include, but is not limited to veterinary, medical and legal fees.

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6.3 The Service Provider can accept no liability for loss or injury to any pet whilst in the Service Provider’s or subcontractors care, nor for any death of a pet. If a non-spayed dog becomes pregnant or an entire dog causes a pregnancy, the Service Provider is not to be held responsible for any costs thus arising.

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6.5 The Client is responsible for any veterinary bills, no matter how they are incurred, whilst pets are in the care of the Service Provider or subcontractor.

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7. Aggressive or un-social animals

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7.1 Should any pet become aggressive, difficult to handle or dangerous, the Service Provider shall, in their sole discretion take whatever action they consider necessary in the best interest of the animal, other animals or people which may be encountered. This may, without limitation, include:

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7.1.1 a refusal to offer the Services and immediate termination of this Agreement.

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7.1.2 obtaining assistance from a Vet, the RSPCA or the Police.

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7.1.3 placing the pet with another boarding provider or kennel.

7.2 pursuant to clause 8.1 expenses incurred, shall be directly chargeable to and recoverable from the Client. The boarding service is not deemed to have been cancelled and thus all fees outstanding at the time will remain in force.

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7.3 The Service Provider shall not be liable to the Client for any refund of Fees where the Client has not specified the behaviour and characteristics of the pet in the Booking Form and the Service Provider terminates this Agreement pursuant to clause 8.1.1.

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8. Force Majeure

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8.1 Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing its obligations under this Agreement caused by conditions beyond its control including but not limited to acts of God, war, strikes, fires, floods, governmental restrictions, or power failures.

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8.2 The Party (the “Affected Party”) prevented from carrying out its obligations shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party.

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9. Assignment

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9.1 Neither Party shall assign, transfer, delegate, or subcontract any of its rights or obligations under this Agreement without the prior written consent of the other Party.

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10. Data Protection

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10.1 The Service Provider shall not use or pass to a third party (other than information needed by a carer or vet, to perform their duties). All information relating to the client, their property and pet(s) will be stored in accordance with the Data Protection Act 2018.

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11. Entire Agreement

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11.1 This Agreement, along with the Initial Enquiry For, The Registration Form and Veterinary Release Form constitute the sole and entire agreement between the Parties, and supersedes all prior agreements, representations and understandings of the Parties written or verbal. Any alteration of this Agreement must be in writing and signed by both Parties.

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12. Notices

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12.1 Any notice required to be served under this Agreement shall be in writing and shall be served by hand, post, or electronic mail or text message or similar service.

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12.2 Notices shall be deemed served:

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12.2.1 upon delivery, when delivered by hand,

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12.2.2 upon accepting delivery by signed receipt post/courier, when delivered by using a ‘signed for upon delivery’ postal service or courier.

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12.2.3 immediately following transmission, if by electronic mail provided the sender does not receive a non-delivery message.

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13. Governing Law and Jurisdiction

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13.1 This Agreement, its formation and any contractual disputes or claims shall be governed by and in accordance with Scottish Law and shall be subject to the exclusive jurisdiction of the courts of Scotland.

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13.2 Any Forbearance, tolerance, or delay in either party enforcing its contractual or legal rights shall not prejudice, restrict or prevent the right of the injured party to enforce its rights at a later date or later breach. In signing this Agreement, both parties acknowledge they are legally authorised and entitled to do so, they fully understand and accept the terms (having taken legal advice if they consider it appropriate or necessary) and agree to be bound by the terms.

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14. Bookings

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14.1.1 A booking shall be made by completing an initial Enquiry Form, Registration Form and then payment made in accordance with the price quoted.

Future bookings can be requested and communicated to the Provider by verbal or electronic means.

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14.1.2 For new Clients, the completion of a new client Enquiry Form plus a trial day/familiarisation visit is required before the first board. Failure to complete this may result us being required to cancel the service.

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14.1.3 For all bookings made less than 14 days before service begins full payment is required.

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15. Duty of Care

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15.1 A change in a pet’s routine and circumstances can cause varying degrees of distress and unpredictable or abnormal behaviour, particularly if their owner is on holiday. Pets have no concept or ability to understand that their owner’s absence is temporary, and they will be coming back. We understand this and will offer comfort and reassurance whilst trying, as far as is possible to maintain their normal daily routines.

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15.2 In the event of extreme weather which may have an adverse effect on the Client’s pet e.g., heat or thunder storms, the Service Provider shall in their sole discretion take whatever action they consider necessary, including not carrying out scheduled exercise until it is, in their opinion, safe to do so.

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16. Necessities

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16.1 The Service Provider will properly dispose of the Client’s pet(s) waste; however, the Client shall ensure there is an appropriate supply of bags for that purpose and indicate their preferred method/location of disposal.

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16.2 The Client shall provide sufficient food and any treats for their pet(s) for the duration of the Service.

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16.3 The Client shall provide secure collars with name/address tags and leads. During the boarding period.

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17. Damage to property or possessions

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17.1 Any damage to the property or possessions of the Service Provider or Client in their absence, however caused by the client’s pet shall be recorded by the Service Provider and where considered by the Service Provider to be serious enough to inform the Client, they will do so at the earliest opportunity by whatever means is available. Any costs, including replacement of damaged items or their repair, plus administration and manpower in providing such notice may be recoverable from the Client.

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17.2 The Client shall be liable for all medical expenses and damages resulting from an injury to the Service Provider caused by the actions of the Client’s pets during the delivery of the services documented here.

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17.3 The Contract shall be deemed to be cancelled if the Client refuses to pay for the items in 17.1.

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18. Medicines

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18.1 It shall be the sole responsibility of the Client to ensure the Service Provider is fully aware of any health issues the pet is experiencing or has suffered in the past. The Service Provider and its subcontractors cannot be held liable for any actions or omissions which result in problems or complications for anything not disclosed.

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18.2 No booking can be accepted without a completed Veterinary Release Form.

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18.3 The Service Provider and its subcontractors shall follow instructions given on the Registration Form but cannot be held liable for any complications which may arise.

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18.4 In the event of a pet having a contagious illness or disease which has not been disclosed, the Client may be liable for the costs of treatment given to other animals which become infected.

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18.5 The Service Provider has the right to cancel the boarding of the dog(s) if a female dog comes into season before the board or is expected to come into season during the boarding dates.

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18.6 The client gives permission for local authority inspector to take samples from their pet for laboratory testing under the provision of the Act “

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19. Sick or injured pets

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19.1 If the pet is taken sick or injured the Service Provider will notify the Client at the earliest opportunity using whatever method is available to take instructions or guidance. In the event of the Service Provider not being able to contact the Client, or in an emergency, the Service Provider shall, if in its own opinion the pet needs veterinary attention/treatment/opinion the Service Provider shall decide as necessary, in the best interest of the pet. Any veterinary bills and animal ambulance costs shall be directly chargeable to the Client. If the Veterinary Practice should require payment at the time of providing the service, the client should pay by credit card or instruct an emergency contact to do so.

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20. Privacy

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20.1 It shall be the Client’s sole responsibility to ensure the information provided to the Service Provider is current and up to date. The Client agrees to accept any decision made by the Service Provider in the event of the Service Provider not being able to contact the Client because of wrong information held.

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21. Non collection of Pet

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21.1 If the Client fails to collect his pet on the pre-agreed date and gives no explanation or alternative date or details of another person or organisation to collect the pet in his place, the Service Provider shall, in their sole discretion take whatever action they consider necessary in the best interest of the animal including placing the pet in an Animal Rescue Centre for rehoming purposes. Penalty fees may be charged to the Client.

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22. Service Provider’s companion

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22.1 The Service Provider may have a spouse, family member, subcontractor or friend accompany them whilst providing the scheduled services. No costs will be applied to the Client’s account for any assistance the companion provides.

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23. Marketing

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23.1 Any photos or images taken by the Service Provider of the Client or Client’s pets may be used in any marketing campaigns without any further permission sought by the Service Provider unless Client objects in writing to the Service Provider.

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23.2 No financial compensation is required to be paid to the Client if any images are used by the Service Provider.

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24. Misinformation

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24.1 Any wrongful or misleading information contained within the contractual forms, may constitute a breach of terms of this Contract and be grounds for instant termination thereof.

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24.2 The Owner undertakes to make full disclosure of any quality or characteristic which might make the dog not suitable for home boarding including behavioural or health problems, anti-social behaviour including aggression, incontinence/lack of house training or excessive loud barking/whining.

Failure on the part of the owner to disclose any matter which might render owner’s dog unsuitable for home boarding and will be deemed a material omission amounting to a fundamental breach of our agreement.

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24.3 Owner will be liable if the dog injures a third party, any property or any other dog.

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24.4 Owner must ensure that their pet is in good health, free from fleas, odours and is wormed. If the Service Provider believes that the pet is not in good health, they reserve the right to seek veterinary advice on Owner’s behalf and Owner will be liable for the veterinary fees.

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24.6 Owner must ensure that all Vaccinations are within the valid dates before the boarding can commence. and failure to disclose this, will result in termination of this contract and  shall not entitle the Owner to any refunds nor relief of any outstanding payments due.

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