Terms and Conditions

- LEGAL SMEAGLE -

You are kindly requested to read our Terms and Conditions of Business. As with any Company, the contract tends to dwell in the world of what-happens-when-things-go-wrong, and doesn’t make the most pleasant reading. Please be assured that we will look after your dog with the same care and attention that we look after our own dogs. If you have any questions on the Terms and Conditions, please don’t hesitate to contact us. You can e-mail me at craig@dog-hotel.co.uk.

TERMS AND CONDITIONS

1. Definitions

In these conditions unless the context otherwise requires:

1.1 “the Company” means Lucies Farm Limited (Registered Number 3521405) whose registered office is 145-157 St John's Street, 2nd Floor, London EC1V 4PY.

1.2 “the Owner” means the individual who has authorised payment of a deposit to the Company in association with the Booking Form.

1.3 “the Booking Form” means the particulars form so headed and forming part of the Website.

1.4 “the Website” means the Company’s Websites at:

www.dog-hotel.co.uk
www.ritz-canine.com
www.bark.ch
www.swimming-dog.com

2. Conditions Applicable

These conditions shall apply to the contract between the Company and the Owner to the exclusion of all other terms and conditions.

3. Charges and Payment

3.1 The boarding charge shall be the amount set out in the Booking Form calculated by reference to the charges page of the Website plus the appropriate Value Added Tax (VAT).

3.2 In the event that the Owner’s dog is checked out after 4:00 PM on the day of departure the Company shall be entitled to charge:

3.2.1 A late check-out charge of £10.50 (plus VAT) if the check-out is effected before 8:00 PM

3.2.2 An additional day’s charge if check-out is effected after 8:00 PM.

3.3 In addition the Company shall be entitled to charge the Owner:

3.3.1 The cost of any special charges authorised in advance

3.3.2 The veterinary charges reasonably incurred by the Company for the benefit of the Owner’s dog while in the Company’s care

3.3.3 Collection and delivery charges at the Company’s current rates set out on the Website.

3.4 A deposit of 25% of the boarding charge shall be paid by credit card, debit card or Switch card on completion of the booking form. In the event of cancellation such deposit shall be forfeited unless the Company is able to mitigate its loss in which event it shall apply such part of the deposit as is reasonable in the circumstances as a pre-payment on account for a future booking.

3.5 The balance of the boarding charge shall be payable prior to commencement of the booking.

3.6 Other charges shall be payable upon demand.

3.7 In the event of failure by the Owner to pay the Company’s charges promptly or at all the Company shall have the rights:

3.7.1 to terminate this agreement forthwith without notice and

3.7.2 to charge interest at the rate of 4% per annum above the Base Lending Rate from time to time of HSBC Bank Plc and

3.7.3 to take action through the courts or otherwise for recovery.

4. Owner’s Undertaking

The Owner hereby agrees and undertakes with and warrants to the Company

4.1 that he has full power to enter into this agreement without the consent of any third party

4.2 that where he entrusts more than one dog to the Company's care, he consents to those dogs being accommodated in a single kennel of adequate size

4.3 that his dog has not been exposed to rabies, distemper or hepatitis within the period of 30 days prior to this agreement and has been inoculated against rabies, distemper, hepatitis, rhino-tracheitis, tracheo-bronchitis, leptospirosis, parvo-virus, and kennel cough and such inoculations remain effective at the date of this agreement

4.4 that the information set out in the reservation request is complete and correct in every respect

4.5 that his dog has not at any time prior to the date hereof attacked any human being or animal

4.6 that the Company has full discretion to engage the services of a veterinary surgeon and authorise such treatment as may be required to treat any medical condition appearing in the Owner’s dog while in the Company’s care

4.7 that he will indemnify the Company and its servants and agents against all costs claims and damages arising from care of the Owner’s dog by the Company

4.8 that he will collect his dog promptly at the end of its agreed boarding period and at that time pay any outstanding charge.

5. The Company’s Undertaking

5.1 The Company hereby undertakes with the Owner to take reasonable care of the Owner’s dog during the period of its board in the Company’s premises.

5.2 Any claim for damages arising out of alleged breach of this undertaking shall be limited (so far as the law allows) to the current chattel value of a dog of the same species as the Owner’s dog, without regard to its pedigree, or to the sum of £400 whichever shall be the less.

5.3 The Company shall not, in any circumstances, be liable for any consequential, indirect or incidental loss, damage, cost, charge or expense whatsoever, including, for the avoidance of doubt and without limitation, any loss of pleasure or amenity.

5.4 Notwithstanding any contrary provision or rule of law, the burden shall be on the Owner to prove any alleged breach by the Company of the above undertaking or any other obligation of the Company, that such alleged breach was causative of any alleged loss or damage and the nature and extent of the loss or damage.

6. Owner’s Failure to Collect

In the event of failure by the Owner to collect his dog from the Company on the due date the Company reserves the rights:

6.1 To terminate this agreement without notice and

6.2 To re-home the Owner’s dog by any reasonable means or

6.3 To sell the Owner’s dog for the best price reasonably obtainable. In the event of a shortfall between the amount realised and the charges due the balance shall remain payable by the Owner to the Company and clause 3.6 shall apply thereto. Any surplus remaining in the Company’s hands following the sale shall be paid to the Owner.

7. General Conditions

7.1 The Company shall not be held responsible for any loss or damage to vehicles or personal property or loss or injury to any person whilst on the Company’s premises however caused save for death or personal injury arising from the negligence of the Company.

7.2 The Owner must provide to the Company for inspection and copying prior to admission a current vaccination record. No dog will be accepted for admission without this.

7.3 Dogs will not be admitted with contagious or infectious conditions such as eye, ear or skin conditions, gastric upset or kennel cough.

7.4 The Company reserves the right at any time to use either on or off the Company’s premises video footage and photographic stills taken by the Company of the Owner’s dog whilst the dog was on the Company’s premises.

8. Special Conditions applicable to Dogs Receiving Hydrotherapy Treatment

8.1 Whilst every care possible is taken of dogs undergoing treatment and in the maintenance of the water and equipment, all dogs are treated entirely at the Owner’s risk.

8.2 All treatment courses, including those to be part of an insurance claim, must be paid for in advance. Individual sessions must be paid for on the day of treatment.

8.3 The Company reserves the right to cancel any session for any reason. Please ensure that a telephone contact number is included in the registration details.

8.4 The Owner is required to notify the Company if during a course of treatments the dog's injuries or condition worsen, or if the veterinary surgeon advises that the treatment should be stopped or suspended.

8.5 No hydrotherapy treatment will be given without a registration form signed by a veterinary surgeon. The Owner is responsible for any charges made by his Veterinary Surgeon for the completion of the registration and referral consent forms required by the Company.

8.6 The Owner is requested not to feed the dog for at least 3 hours before attending an appointment, and to ensure that the dog has gone to the toilet before arriving. A surcharge of £10 will be made for dogs that defecate in the pool to cover the additional labour costs to clean the water.

8.7 Bitches in season will not be admitted to the hydrotherapy pool until their season has finished.

8.8 The Company reserves the right to refuse treatment to any dog.

8.9 When not undergoing treatment all dogs must be kept under control and must be on a lead at all times inside and outside the pool room unless unable to walk without assistance.

8.10 The Owner should wear shoes with non-slip soles during his visit as the floors can become slippery and dangerous when wet.

9. This agreement constitutes the complete and only agreement and understanding between the parties. Each party agrees with the other that it has not been given or induced to enter into this agreement in reliance on any warranty, representation, statement, agreement or undertaking of any nature whatsoever other than the terms expressly set out in this agreement. The only remedy available to the parties for breach of the terms of this agreement shall be for breach of contract and each of the parties hereby unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have. No variation of this Agreement shall be valid unless it is expressly agreed in writing between the parties and specified to be a variation of this agreement.

10. This agreement shall be governed by and construed in accordance with English law and any dispute arising from or in connection with it shall be determined by the courts of England and Wales.