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    Terms and Conditions


    Everything you need to know before using our service

    Bookings are subject to these terms and conditions which govern the agreement between the Client (“you”) and Spoiled Rotten Pets Limited (“SRP”) and the carer we have recommended to you (“the Carer”). Variations to these terms and conditions may be made from time to time and will be posted on our website. Submission of a Booking Request and continued use of our service will be deemed acceptance of the terms and conditions in force from time to time.


    1. Our promise to you
     

    We will always use our best endeavours to select a carer we believe is suitable for your dog from the information you provide when you book. Information supplied to us when you first use our service will be used by SRP to brief carers for subsequent bookings unless we are notified that there has been a change in your dog’s condition or requirements.

    2. Your disclosure obligation
     

    2.1 You agree to provide us with a full and detailed brief about your dog including all information which might assist us in recommending a suitable carer. You particularly undertake to make full and frank disclosure in the Booking Request, and from time to time during your continued use of our service, of any matter, fact, quality or characteristic concerning your dog (a Material Fact) which might be relevant to the selection of a suitable carer and/or be of assistance to us or the Carer during the board including, but not limited to, behavioural or health matters including an unspayed bitch which may be in season at the material time, anti-social behaviour including aggression, separation anxiety, pica and/or unusual scavenging behaviour, excessive pulling on the lead, a propensity to run away or escape on walks or from the home and/or garden, incontinence/lack of housetraining, destructive behaviour inside or outside the home, phobias or fears, or excessive loud barking/whining etc. You should let us know about any changes in your dog’s health, attitude or behaviour which may occur from time to time.

    2.2 If you do not mention in the Booking Request, or during the course of your continued use of our service, a Material Fact as described in sub-paragraph 2.1 above, you may be liable to pay additional costs if the Carer experiences difficulties and additional costs are incurred.

    2.3 Failure on your part to disclose in the Booking Request any matter, whether a Material Fact or not, which in our reasonable view might render your dog unsuitable for boarding with the Carer and/or for this service will amount to a breach of a condition of the agreement entitling us to terminate the agreement and seek damages from you.

    3. Charges
     

    3.1 SRP’s Charges in force from time to time are set out on our website and brochure and will be confirmed to you at time of booking. SRP’s Charges comprise two payments which you will be deemed to accept upon confirmation of the booking:

    • 3.1.1 The Booking Deposit, payable at the time of booking, and
    • 3.1.2 The Carer’s Fees, payable at the start of the board.

    3.2 The Booking Deposit constitutes our agency fee payable at the time of booking in consideration of the introductory and booking service we operate. For the avoidance of doubt, a provisional boarding enquiry made of us, or of a carer, as to the future availability of a carer does not give rise to any obligations on our part, or that of a carer, unless secured by payment of the Booking Deposit and confirmed by a Booking Confirmation

    3.3 We operate a strict policy of “first come, first served” as to payment of the Booking Deposit, in respect of which time is of the essence.

    3.4 SRP’s Charges are payable by the day, or any part thereof, not by the night.

    3.5 Christmas Day, Boxing Day, New Year’s Eve and New Year’s Day are charged at twice the normal daily rate.

    3.6 You will be entering into a separate agreement with the Carer, subject to a mutually satisfactory Introductory Meeting, and, unless the Carer expressly agrees otherwise, you agree to pay the Carer’s Fees to the Carer at the beginning of the board on the day that you deliver your dog either by cheque made payable to the Carer or in cash.

    3.7 If you need to have your dog transported to or from the Carer, this will be subject to an additional charge to be agreed at the time of booking.

    3.8 MasterCard, visa and business credit cards are subject to a small additional fee to cover transactional charges which will be notified to you at time of payment. There is no additional charge for debit card payments.

    4. Introductory Meeting
     

    4.1 Your agreement with SRP/the Carer is conditional upon a mutually satisfactory meeting being undertaken with your dog at the Carer’s home (the Introductory Meeting).

    4.2 You agree to contact the Carer to arrange the Introductory Meeting as soon as possible following receipt of our written notification to you of the Carer we are recommending (the Booking Confirmation), such contact should in any event to be made by you within 14 days of the date of the Booking Confirmation, in respect of which time is of the essence.

    4.3 You agree to use your best endeavours to ensure the Introductory Meeting takes place within a reasonable time from the date of the Booking Confirmation and, in any event within 28 days of the date of the Booking Confirmation, in respect of which time is of the essence.

    4.4 If you do not carry out the Introductory Meeting in accordance with the stipulations set out in sub-paragraphs 4.1, 4.2 and 4.3 above, we may either (a) treat the board as confirmed in which case the cancellation provisions set out in paragraph 5 below apply or (b) cancel the agreement, in which case we may at our discretion withdraw our services and shall be under no obligation to recommend an alternative carer and may charge a discretionary administration fee of up to £45 per board for the work already carried out.

    4.5 If for any reason you are not satisfied with the Carer, provided that you notify SRP within 3 days of the Introductory Meeting, in respect of which time shall be of the essence, we will refund the booking Booking Deposit in full. However, if you decide not to proceed for any reason other than because you are not happy with the Carer, this may be deemed to be a cancellation and treated as such in accordance with paragraph 5 below.

    4.6 If the Carer chooses not to affirm the board, whilst we may use our reasonable endeavours to provide an alternative carer, we reserve the right entirely at our discretion to cancel the agreement and to refund your Booking Deposit without any liability to you.

    5. Cancellation
     

    5.1 Cancellations must be notified in writing by email to srp@spoiledrottenpets.co.uk or by post to SRP, 35 Anyards Road, Cobham, Surrey KT11 2LW. To mitigate any losses to us and/or the Carer as a result of cancellation, the scale of charges below applies. The incremental nature of the charges reflects the decreasing likelihood of obtaining a suitable replacement board the closer the cancellation occurs to the start of the board, rising to a sum equal to the total contract sum payable if the board had not been cancelled. These charges are a genuine pre-estimate of the losses incurred by SRP and its carers as a result of cancellation.

    5.2 If you cancel after the Booking Confirmation has been issued either (a) before the Introductory Meeting or (b) after the Introductory Meeting but within 3 days thereof for a reason other than because you are not happy with the carer we have recommended as described in paragraph 4.5 above, we reserve the right to treat this as a cancellation in accordance with the scale of charges below or to charge a discretionary administration fee of up to £45 for the work already carried out.

    5.3 We recommend that you take out holiday cancellation insurance in case you are unable to proceed with the booking for any reason including, but not limited to, the cancellation of your holiday or because your dog has become ill or injured or dies after the booking is confirmed.

    Period before commencement of board: Cost of cancellation:
    Over 56 clear days’ notice 50 % of deposit paid
    43 to 56 clear days’ notice 100% deposit paid plus 25% Carer’s fee
    29 to 42 clear days’ notice 100% deposit paid plus 50% Carer’s fee
    15 to 28 clear days’ notice 100% deposit paid plus 75% Carer’s fee
    0 to 14 clear days’ notice 100% deposit paid plus 100% Carer’s fee

    “CLEAR” days means that the day notice is received by SRP and the day the board is due to start are excluded from the computation.

    6. Alterations to a confirmed board
     

    6.1 If you alter your board after the Booking Confirmation has been issued, we will do our best to accommodate reasonable changes to your original booking, subject to a discretionary administration fee of £15 to cover the costs of the additional work involved. However, if you alter the dates of the board by 3 days or more, this will be deemed a cancellation subject to the cancellation provisions set out in paragraph 5 above. For the avoidance of doubt, a Booking Deposit paid in respect of a board which you subsequently cancel is non-transferable.

    6.2 If, with or without notice to us, you deliver your dog a day or more earlier or collect your dog a day or more later than the dates of the board set out in the Booking Confirmation, SRP’s Charges are payable in full for each additional day required, or each day not taken, whichever is the case.

    7. Cancellation by us
     

    7.1 In the unlikely event that the Carer is unable to honour a board, we will use all reasonable endeavours to arrange an introduction to another suitable carer or refund your Booking Deposit. Alternatively, we may exceptionally (and only ever with the full consent obtained in advance of the relevant owner) provide an introduction to an alternative carer on a non-exclusive basis.

    7.2 In the event that due to conditions beyond their control the Carer is unavailable and after the Booking Confirmation has been sent to you, we will use our reasonable endeavours to offer you an alternative suitable carer or we will refund your Booking Deposit.

    7.3 We may entirely at our discretion withdraw or withhold our service or that of the Carer if we consider a dog to be an unsuitable match for the carers available at the time and we may cancel the board after the Booking Confirmation has been sent to you if (a) the Carer on reasonable grounds withdraws from a provisional booking within 3 days of the date of the Introductory Meeting or (b) we believe you have failed to advise us of a Material Fact in accordance with sub-paragraph 2.1 above (in which case we will refund the Booking Deposit you have paid less a discretionary administration fee of up to £45 per board for the work already carried out).

    8. Dogs we are unable to board
     

    We regret we are unable to accept bookings for a dog subject to the terms of the Dangerous Dogs Act 1991 or a dog with aggression problems towards other dogs and/or people; a dog aged 12 years and over during the course of the dog’s first board with us a puppy under 10 months of age (unless previously agreed in writing and subject to an additional charge agreed with you at time of booking); a dog with serious health problems or requiring veterinary nursing, supervision or other specialist care; an unspayed bitch in season at the time of the board (in respect of which we reserve the right to cancel the board); or a dog we reasonably believe to be difficult to care for in the home or on walks or which is otherwise unmanageable.

    9. Arrival of your dog
     

    9.1 You agree to supply your dog’s food (including treats, if appropriate) sufficient for the duration of the board in addition to food/water bowls, favourite toys, bedding and exercise leads. If insufficient food is supplied, you agree to refund the Carer for the costs incurred in purchasing additional food.

    9.2 You undertake to deliver your dog in a clean and groomed condition. Any dog requiring regular grooming should also be provided with appropriate grooming equipment.

    10. Emergency contact
     

    All reasonable efforts will be made to contact the person in the UK that you have nominated as your contact in the event of an emergency. We reserve the right to make decisions regarding your dog provided we are at all times acting in the best interests of your dog and/or on the advice of a veterinary surgeon.

    11. Veterinary fees
     

    11.1 Whilst we and/or the Carer will use all reasonable endeavours to ensure the happiness, welfare and safety of your dog, a condition of this agreement is that if your dog becomes unwell, has an accident or injures himself during the course of the board, we may take him to a veterinary surgeon and you will pay any veterinary fees incurred.

    11.2 You further agree that if your dog attacks, or is involved in a fight with, another dog (and/or person) causing injury to that dog (and/or person), you will be responsible for any losses incurred as a result including, but not limited to, payment of veterinary fees in respect of injuries to another animal caused by your dog.

    11.3 In the unlikely event of an incident as described in sub-paragraphs 11.1 and 11.2 above, we recommend that your dog is insured against sickness, accident or injury and for third party liability prior to boarding with the Carer. Although we will, at our discretion, accept bookings for dogs that are not insured, you agree that the Carer may seek veterinary treatment for your dog on your behalf and to be responsible for any fees incurred. Failure to sign a form of authority does not alter your liability for payment of such veterinary fees which, whether they are invoiced directly to you, or to SRP or the Carer on your behalf, you agree to reimburse or pay on your return.

    11.4 You must ensure that your dog is in good health and free from fleas & ticks, is properly wormed and up to date with his vaccinations (which we recommend includes kennel cough as your dog will come into contact with other dogs when out on walks).

    12. Insurance
     

    12.1 It is your responsibility to insure your property and your dog.

    12.2 SRP accepts no liability for damage caused by your dog during a board. You will be liable in the event that the Carer or a third party is injured by your dog.

    12.3 If the Carer’s home or property is damaged by your dog, other than reasonable wear and tear, you agree to make good such damage.

    12.4 Carers are covered by insurance in relation to their performance of their duties as pet-sitters under SRP’s agency agreement and is operational only in respect of carers performing boarding assignments expressly agreed by SRP for the periods and dates confirmed in accordance with its bookings procedures set out above.

    12.5 As SRP’s pet-sitter insurance is not a substitute for your own pet insurance policy, we recommend that you take out pet insurance of your own.

    13. Minimum length of stay
     

    We do not accept bookings for boards for fewer than ten days at a time during periods of high demand in high season, such as around bank and school holidays, and five days out of season.

    14. On-lead exercise
     

    14.1 It is SRP’s policy that dogs are exercised ON the lead. If, however, having considered the risks involved, you would prefer the Carer to exercise your dog off the lead, you must specifically instruct the Carer to this effect at the Introductory Meeting where you will be asked to sign a further written instruction to the Carer (“Instruction Regarding Off-Lead Exercise”) under which you accept responsibility for third party liability and agree to procure insurance for your dog whilst in our care (which shall include third party liability cover).

    14.2 In the event of a dog not being insured in accordance with sub-paragraph 12.5 prior to commencement of a board, we reserve the right entirely at our discretion either to exercise your dog on a lead or, if appropriate, to withdraw the booking.

    15. Limitation of liability
     

    15.1 We will take all reasonable care in the selection and recommendation of the Carer but, save as required by statute, we are not liable for the acts or omissions, including the negligence, of the Carer or for any loss or damage caused by on contributed to by the Carer including negligence.

    15.2 The carers are independent contractors and not employed by SRP.

    15.3 We are not liable for loss or damage to property, or for purely economic loss, including direct or indirect loss whether foreseeable or not, arising out of, or in connection with, the performance of this agreement.

    15.4 Our liability, if any, under this agreement shall be limited to the amount of the Booking Deposit paid and, in respect of the Carer, to the amount of the fees paid or payable to the Carer.

    15.5 In the event that we and/or the Carer are held jointly liable for any losses, such joint liability shall be limited to a sum equal to the total amount paid under this agreement as set out in the Booking Confirmation.

    16. Bookings policy
     

    16.1 All bookings must be made through SRP, as the carers do not have the most up to date information about bookings being scheduled for them.

    16.2 If within a period of two years from the date on which your last board ended or, failing that, from the date of the Introductory Meeting, you procure, or attempt to procure, the services of one of our carers direct, whether on your own behalf or on behalf of a third party, you will be jeopardising the Carer’s relationship with SRP and will be liable to pay us a sum equal to the fee income earned by us in respect of a carer or, the Carer, whichever is the greater, over a period of three years.

    16.3 You acknowledge that we are entitled to take the above precautions to protect our legitimate business interests and that the payment described in sub-paragraph 16.2 is a genuine pre-estimate of our losses as a result of your breach of this agreement.

    17. Indemnities
     

    17.1 You agree to indemnify SRP against any claims for loss or injury to the Carer, their property or a third party caused by your dog or as a result of a breach of these terms and conditions.

    17.2 If within a period of three years from the date on which your last board ended or, from the date of the Introductory Meeting, you attempt to re-home your dog with any carer registered on our books from time to time, you will be liable to pay us a sum equal to the fee income earned by us in respect of a carer or, the Carer, whichever is the greater, over a period of three years. You acknowledge that this is a genuine pre-estimate of the losses suffered as a result of your breach of this agreement.

    18. Reasonableness
     

    You acknowledge that these terms of use are fair and reasonable in enabling us to perform our obligations under this agreement to the best of our ability and in enabling us to protect our legitimate business interests.

    19. Entire agreement
     

    Unless otherwise agreed in writing, these terms and conditions together with the Booking Request (and/or any form or document we ask you to sign from time to time in connection with the care of your dog) will constitute the entire agreement between you and SRP or with the Carer.

    20. Severance
     

    If any part of these terms and conditions of use is held unenforceable by a court of competent jurisdiction, that part will be severed from these terms and the remainder shall continue in full force and effect.

    21. Rights of third parties
     

    Save where a provision of this agreement is intended to be for the benefit of the Carer or any carer registered on our books from time to time, the provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded.

    22. Governing law & jurisdiction
     

    This agreement shall be governed and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

    © Spoiled Rotten Pets Limited 2015

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