Terms and conditions
DEFINITIONS
“Booking Form” means the style of Booking Form provided by us and completed by you specifying the services required in relation to your pet.
“Carer” means the individual appointed to provide services to your pet.
“Contract” means the Contract entered into by you and us.
“Services” means the pet care to be provided to your dog as specified in the Booking Form and any confirmation provided by us.
“We” or “Us” means Kelsie Taggerty and Paul McDonald, trading as Pets on the Beach.
“You” means you having entered into a Contract with us.
1. CONTRACT
1.1 These Terms & Conditions will form the basis of the Contract between you and us and will form part of it. No deviation from these Terms & Conditions may be agreed otherwise than in writing between you and us.
1.2 A request for dog care services will be initiated by your completion of our Booking Form which you agree to complete in full and to the best of your knowledge and belief.
1.3 All bookings confirmed or pending are subject to our terms.
1.4 If for any reason we cannot accept your booking, we will inform you and refund any deposit paid.
1.5 It is your responsibility to ensure that the Booking Form accurately reflects the services that you are applying to arrange including material dates and times. After a booking has been accepted by us we shall have no liability for any errors in a booking. At our discretion we will endeavour to accommodate any reasonable changes that you require to a booking, but we shall not have any obligation to do so. Any additional charges caused as a result of a change in a booking will be met by you. No refunds will be given for incorrect bookings.
1.6 The Booking Form shall form part of this Contract and shall be treated as a material disclosure of information by you which is being relied upon by us in entering into this Contract.
2. OUR SERVICES TO YOU
2.1 We will provide the services contracted for with you as specified in the Booking Form (or any variation thereof as hereinafter referred to as required by us) between the commencement of the services until the date of collection of your dog.
2.2 For bookings involving boarding dogs we will match your profile with a suitable Carer and arrange an initial “meet and greet” session at the Carer’s home at which we, you, your dogs and the Carer will be in attendance. If any party expresses any concern regarding the proposed arrangements at that meeting, we will endeavour to identify another suitable Carer to provide the services to you and a further “meet and greet” meeting will be arranged.
2.3 During the period of dog boarding you shall direct any queries that you have to us and not to the Carer direct.
2.4 We reserve the right to alter at any time the services being provided in our absolute discretion in any of the following circumstances:-
(a) it becomes necessary to remove your pet from a Carer and place it in alternative accommodation or a kennels (at your cost) if your pet shows any signs of aggression or anti-social behaviour, incontinence, lack of house training, excessive loud barking or whining or should its behaviour become uncontrollable, destructive or otherwise unacceptable towards the Carer or their family (including resident pets), or behaves in a manner not as described in the Booking Form;
(b) an alternative Carer is required during your dog’s stay for any reason;
(c) if your pet requires veterinary treatment in respect of any health issue during the course of its stay (which cost shall be met by you);
(d) you return is delayed therefore extending the period for which the boarding services are required; and
(e) you request additional services which are not contemplated by the original Contract which may be provided if it is possible to accommodate them reasonably (but at your additional cost).
3. GENERAL WARRANTIES
3.1 We warrant that we will use our best endeavours to place your dog with the chosen Carer (subject to the exceptions set out in Clause 2 hereof) during your dog’s stay and your dog will receive the services contracted for with reasonable care and skill.
3.2 All parties to the agreement accept that a full and complete disclosure by you in respect of your dog, its behaviour and other traits is essential to ensure the safety of your pet, us, the Carer, the Carer’s family, any resident pets and third parties.
3.3 In implement of the obligation stated at Clause 3.2 hereof, you therefore warrant in the utmost good faith and without limitation that the information contained in the Booking Form relating to your dog(s) traits and behaviour is entirely accurate and complete and for the avoidance of doubt that:-
(a) all material information relevant to your dog has been disclosed in the Booking Form;
(b) your dog has no behavioural issues or problems;
(c) the dog has never attacked or bitten any human being or any other animal;
(d) the pet has never been employed for any purpose where it would be trained to attack such as but not limited to, a guard dog, a police dog or for any hunting or fighting purpose;
(e) the dog does not scratch, chew or bite furniture and or fittings or any other items of clothing;
(f) the dog has been fully vaccinated as recommended by the British Veterinary Association and has been treated for flea and tick treatment and de-wormed within 14 days of the commencement of the services and
(g) your dog is fit and well and has not been ill with any contagious disease or condition within 30 days prior to commencement of its stay and in particular is not suffering from any illness which may be transmitted to or cause ill-health to humans or other animals.
3.4 If your dog is vaccinated against Kennel Cough you accept that this is a condition which can still be contracted. You therefore indemnify us if your dog contracts Kennel Cough whilst services are being provided.
3.5 You agree to indemnify us and keep us indemnified from any direct, indirect or consequential loss (including but not limited to loss of profits, loss of business, depletion of goodwill and similar loss), liabilities, injuries, damages claims, demands, proceedings or legal costs and judgements which the Carer incurs or suffers as a consequence of direct or indirect breach of any of the provisions of Clauses 3.2 and 3.3 hereof.
3.6 You agree to indemnify and keep indemnified the Carer for any damage caused by your dog to the property of the Carer to the extent of reimbursing the Carer for any out of pocket expenses for the cost of putting right such damage (fair wear and tear excepted).
4. GENERAL
4.1 We can accept bookings for unspayed bitches but if you believe your dog is due to be in season during the boarding term you must inform us immediately. If the agreed Carer is unwilling or unable to accept your dog in season, we will endeavour to transfer the booking to another Carer. If we are unable to accommodate your unspayed bitch we will cancel your booking. No sums will be refunded in respect of your booking if this is not disclosed in your Booking Form.
4.2 Whilst your Carer will make every effort to protect your unspayed bitch from the attention of other dogs neither we, nor the Carer can be held responsible for any unwanted pregnancy.
4.3 If you have specified in your Booking Form that you prefer your dog to be exercised off the lead you indemnify us and the Carer from any accident that might occur whilst your dog is being so exercised. Whilst we and the Carer endeavour to follow your instruction in this regard your dog will only be exercised off the lead if it is safe to do so and this shall be at the sole discretion of us and the Carer.
4.4 You confirm that you are the legal owner of the dog and that the dog has been microchipped. Details of the microchip will be provided if requested.
4.5 If your dog is on medication this must be fully disclosed in your Booking Form. Furthermore the Carer will require to be given in writing your permission to administer any medication to your dog and that along with dosage rates and times at which medicine requires to be administered.
4.6 If following on from the “meet and greet” meeting you or the Carer have concerns regarding whether or not your dog will settle in the environment of the Carer’s residence a trial stay will be required payable at the standard rate.
4.7 Whilst we and/or the Carer shall care for your dog as you would, we do not accept any liability for loss, injury or death of your dog whilst the services are being provided by us or the Carer.
4.8 If your dog requires close contact at night, this must be specified in your Booking Form, in which event we will endeavour to identify a suitable Carer.
4.9 The Carer may have a resident dog. This will be disclosed at the meet and greet session. If this applies you hereby give permission for your dog to be boarded with the Carer’s dog.
4.10 If Clause 4.9 applies your dog will have a separate area from any Carer’s resident pets for eating and sleeping.
4.11 You agree that your dog may be left for a maximum of 3 hours unsupervised at any one time after having been appropriately exercised and fed (if necessary in a separate area from any resident pets).
5. BOOKINGS & CANCELLATION
5.1 Bookings will not be confirmed until a 20% deposit is paid which shall be non-refundable in the event of subsequent cancellation by you prior to settlement of the balance due.
5.2 Balance of the sum due shall be paid in full at the commencement of the services. Payment may be made by cash or Bank Transfer.
5.3 If you cut short your booking for any reason, no refund will be payable.
5.4 Bookings must be made using our Booking Form and may not be made direct with individual Carers in which event our insurance will not cover any services provided to you.
5.5 For home boarding cancellations notified between 14 days and 24 hours prior to commencement of the stay will incur charges of 50% of the total fee; cancellations notified 24 hours or less prior to the commencement of the stay will incur the full charge.
5.6 For walking services 24 hours notice of cancellation is required. Cancellations notified within 24 hours will incur the agreed charges at the full rate.
5.7 We will not be liable to you for any delay or failure to perform any of our obligations in relation to the Contract or in providing the services if it is due to any cause outwith our reasonable control and if for any reason the services cannot be provided within a reasonable period our only liability to you will be to refund any sums paid to us in terms of the Contract.
6. MISCELLANEOUS
6.1 For walking services (if you have provided us with a key) in the event that access cannot be gained to collect your dog for a scheduled walk for any reason full payment will be due in respect of the services.
6.2 If contracted to collect your dog from your home address we will not accept any responsibility for loss or damage to your property or its contents.
6.3 We accept no responsibility for the loss of any leads, collars, tags, clothing or other items which accompany your dog for performance of the services.
6.4 If there is an adverse weather warning or we or the Carer deem that it is not safe to take your dog for a walk then walks may be cancelled or curtailed. In this event we will endeavour to give as much notice as possible of any change in the services to take place. Any pre-paid walks which cannot be fulfilled will be refunded or re-scheduled if cancelled by us. Curtailed walks will be charged on a pro-rata basis.
6.5 For walking services you agree that your dog may socialise with other dogs (unless we deem it inappropriate for it to do so) and that you accept that any illness or injury incurred shall not be our liability or that of the Carer.
6.6 Dogs will be transported in safe and secure vehicles and you accept that we are not responsible for any accidents during transport which are outwith our control.
6.7 For boarding dogs all Carers are certified dog first aiders and are equipped with pet first aid kits. In the unlikely event that the need arises first aid will be administered to your dog in the event of emergency and you agree that neither we nor the Carer shall have any liability in respect of any first aid administered on that basis.
6.8 You consent to your dog being photographed or videoed during the course of services being provided. The property in such media will remain ours together with any copyright which applies such media may be used by us for in advertising.
6.9 In the event that we incur any veterinary or kennel or other charges on your behalf you accept these costs are payable by you to us on demand as a debt.
6.10 In the event that you have not already done so it is recommended that you insure your dog.
6.11 These Terms & Conditions will be governed by the laws of Scotland and subject to the jurisdiction of the Scottish Courts.
6.12 At our absolute discretion we may sub-contract, assign, or licence all or any part of our rights or obligations under this Contract without your consent.
6.13 The Services to be provided in terms of this Contract are personal to you and to your dog and, as such, you may not assign or otherwise transfer your rights or obligations under this Contract to any third party at any time.