Spoiled Rotten Pets - Terms and Conditions

Terms of Use of Spoiled Rotten Pets

These terms and conditions of use set out the agreement between you (“you”) and Spoiled Rotten Pets Limited (“us” or “we” ) and the carer we have recommended to you (“the Carer”). As the terms may vary from time to time, you should make sure you are aware of the latest version which will govern your continued use of our service.

1. Our promise to you

We aim to meet the highest standard of care in what we do and we will always do our best to select and recommend a carer we believe is suitable for your dog based on the information you provide when you book.

2. Your disclosure obligation

2.1 You agree to provide us with a full and detailed brief about your dog including any information which might assist us in recommending a suitable carer. You particularly undertake to make full and frank disclosure in the Booking Request Form, 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 the Carer during the board including, but not limited to, behavioural or health matters, 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 also mention 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 Form, 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 Form 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. Introductory Meeting & Cancellation

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

3.2 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 Letter of Recommendation), such contact in any event to be made by you within fourteen days of the date of the Letter of Recommendation, in respect of which time is of the essence.

3.3 You agree to use your best endeavours to ensure the Introductory Meeting takes place within a reasonable time from the date of the Letter of Recommendation and, in any event within twenty eight days of the date of the Letter of Recommendation, in respect of which time is of the essence.

3.4 If you do not carry out the Introductory Meeting in accordance with the stipulations set out in sub-paragraphs 3.1, 3.2 and 3.3 above, we may either (a) treat the board as confirmed in which case the cancellation provisions set out in paragraph 4 below apply or (b) cancel the agreement and withdraw our services forthwith and those of the Carer (and any other carer for which a booking is held) and shall be under no obligation to recommend an alternative carer and shall be entitled to charge an administration fee of £45 per board for the work carried out.

3.5 If for any reason you are not satisfied with the Carer, provided that you notify SRP within three days of the Introductory Meeting, in respect of which time shall be of the essence, we will refund the booking deposit. However, if you cancel in accordance with this sub-paragraph for any reason other than because you are not happy with the Carer, we shall be entitled to charge an administration fee of £45 per board for the work carried out.

3.6 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 deposit without any liability to you.

4. Cancellation

Cancellations must be notified in writing by email to srp&at;spoiledrottenpets.co.uk, by fax to 0845 2308502 or post to SRP at PO Box 306, Cobham, Surrey KT11 2WA. To mitigate any losses resulting to us and/or the Carer from cancellation, the scale of charges below applies. The incremental nature of the charges reflects the decreasing likelihood of obtaining a 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 as a result of cancellation.

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

NB: If you cancel after the Letter of Recommendation has been issued either (a) before the Introductory Meeting or (b) after the Introductory Meeting for a reason other than because you are not happy with the carer we have recommended as set out in sub-paragraph 3.5 above, an administration fee of £45 may be charged for the work carried out.

5. Alterations to dates of board

5.1 If you need to alter the dates of your board to accommodate last minute flight/train time tabling changes, we will do our best to accommodate reasonable alterations to the dates of your original booking, subject to a discretionary administration fee of £10 to cover the costs of the additional work involved. If you alter the dates of the board by three days or more, this will be deemed a cancellation subject to the cancellation provisions set out in paragraph 4 above. For the avoidance of doubt, a booking deposit paid in respect of a board which you subsequently cancel is non-transferable.

5.2 If, with or without notice to us, you deliver your dog a day earlier or collect your dog a day later than the dates of the board set out in the Letter of Recommendation, you agree to pay to the Carer the daily fee in force from time to time (which shall include the booking deposit) for each additional day or days taken.

6. Cancellation by us

6.1 If the Carer is unable to fulfil a board, we will use all reasonable endeavours to arrange an introduction to another suitable carer. If we are not able to recommend an alternative carer, we will refund your booking deposit. Alternatively, we may exceptionally (and only ever with the full consent obtained in advance of the owner of the other dog boarding from time to time) provide an introduction to an alternative carer on a non-exclusive basis, which we believe is suitable in the circumstances.

6.2 We may entirely at our discretion withdraw or withhold our service or that of the Carer if we consider a dog to be unsuitable for home boarding (or for boarding with any carer available at that particular time); furthermore, we may cancel the board after the Letter of Recommendation if (a) the Carer reasonably withdraws from a provisional booking within three days of the date of the Introductory Meeting: or (b) you have failed to advise us of a Material Fact in accordance with sub-paragraph 2.1 above; or (c) we believe you have previously misused our service (in which case we will refund the deposit you have paid less a discretionary administration fee of £45 per board for the work carried out).

7. Dogs with aggression problems

We are unable to accept bookings for a dog subject to the terms of the Dangerous Dogs Act 1991 or dogs with aggression problems towards other dogs and/or people.

8. Elderly dogs and dogs with health problems

8.1 We are unable to accept bookings for dogs aged 11 years and over during the course of the dog’s first board with us.

8.2 We are not able to accept bookings for dogs that have serious health problems or that require nursing or other specialist care.

9. Unspayed bitches and entire males

9.1 We accept bookings for unspayed bitches, provided that they are not in season at the time of the board. If there is a risk of your dog coming into season during her board you agree to advise us of this and, if appropriate, you agree to seek the advice of your veterinary surgeon as to measures which may be taken be taken to prevent an unspayed bitch coming into season during her board. We reserve the right at the request of the Carer to withdraw from a booking for an unspayed bitch in season, or due to come into season, whilst resident with the Carer. In this eventuality, it is unlikely we would be able to provide a recommendation to an alternative carer.

9.2 We accept bookings for entire males, provided that they are not aggressive towards other dogs and are generally manageable.

10. Payment

10.1 In consideration for your payment of the booking deposit in force from time to time prior to the Introductory Meeting we agree to reserve the Carer exclusively for you for the dates of the board set out in the Letter of Recommendation. 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 whatsoever on our part or that of a carer, unless secured by payment of a booking deposit and confirmed by a Letter of Recommendation. In the interests of fairness and business efficacy 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.

10.2 You agree to pay the Carer’s fees to the Carer at the beginning of the board and payment shall be made to the Carer on the day that you deliver your dog either by cheque made payable to the Carer or in cash.

11. Arrival of your dog

11.1 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.

11.2 You undertake to deliver your dog in a clean, groomed condition and up-to-date with vaccinations, worming and de-flea treatments. Any dog requiring regular grooming should also be provided with appropriate grooming equipment.

12. 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. However, 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, in respect of health matters, on the advice of a veterinary surgeon.

13. Veterinary fees

13.1 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 agree to be responsible for payment of any veterinary fees incurred.

13.2 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.

13.3 In case of an incident as described in sub-paragraphs 13.1 and 13.2 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 may be asked to sign a form of authority permitting the Carer to seek veterinary treatment for your dog on your behalf and under which you agree to be invoiced direct by the veterinary surgery for any fees incurred. Failure to sign a form of authority does not alter your liability for payment of such veterinary fees which, if they are not invoiced directly to you, you agree to reimburse on your return.

14. Damage to the Carer’s home or property

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.

15. Minimum length of stay

We regret that we cannot 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 at a time out of season.

16. On-lead exercise

16.1 It is SRP’s policy that dogs are exercised ON the lead. Experience has shown this to be in the overall best interests of the dog and we therefore recommend that you adhere to this policy. If, however, having carefully considered the risks involved, you would nevertheless 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).

16.2 In the event of a dog not being insured in accordance with sub-paragraph 11.1 prior to commencement of a board, we reserve the right entirely at our discretion either to withdraw from the booking or to exercise your dog on a lead.

17. Limitation of liability

Whilst we will always do our best to select a carer who is suitable for your dog and to procure the services of carers who adhere diligently to our codes of practice and safety protocols, we cannot be held liable for the acts or omissions, including the negligence, of the Carer.

17.1 We are accordingly 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.

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

17.3 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 Letter of Recommendation or to the cost of the replacement value of the property, whichever is the lesser.

17.4 Nothing in these terms shall exclude or limit our liability for death or personal injury resulting from our negligence; for fraudulent misrepresentation; or to the extent that liability cannot by law be excluded or limited.

18. Bookings policy

All bookings must be made through us, as the carers do not always have the most up to date information about bookings provisionally scheduled for them. If within a period of three 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 are liable to pay us by way of compensation for the losses incurred, a one-off fee equivalent to the income earned by us from time to time in respect of three bookings undertaken per annum by the Carer of fifteen days duration each over a period of three years (ie one hundred and thirty five days in total). You acknowledge that this is a genuine pre-estimate of the losses suffered as a result of your breach of this agreement.

19. Abandoned dogs

If within a period of three years from the date on which your last board ended or, failing that, from the date of the Introductory Meeting, you attempt to re-home or abandon your dog with any carer registered on our books from time to time, you are liable to pay us by way of compensation for the losses incurred, a sum equal to the amount of annual income payable to us in respect of boards undertaken by that carer over a period of two years (if the carer in question has been registered on our books for less than a year) or a sum equal to the amount of annual income payable in respect of boards undertaken by that carer over a period of five years (if the carer in question has been registered on our books for one year or more). You acknowledge that this is a genuine pre-estimate of the losses suffered as a result of your breach of this agreement.

20. 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.

21. Entire agreement

These terms of use together with the Booking Request/Repeat 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 us to the exclusion of any other terms whatsoever, including any terms or conditions you purport apply under any other written or oral communication with us or the Carer.

22. Intellectual property

You agree that all trade marks, copyright, design, moral rights and all other intellectual property rights in the material within this website and its content remain at all times vested in us.

23. 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.

24. 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.

25. 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.