Application 

1.1.        These Terms and Conditions (“Terms”) will apply to any Booking made by you for our Services.

1.2.        By making a Booking, you agree to be bound by these Terms.

 

Booking

2.1.        You agree to provide us with all the necessary contact details and other information required for us to accept your Booking. You also agree to inform us immediately if any of those details change.

2.2.        No Booking by you will be binding on us until we confirm the Booking.

2.3.        If we accept a Booking, the Parties will have created a binding Contract. We will provide the Services to you, and you will pay the Booking Cost to us per the terms of the Contract (which will include these Terms).

2.4.        We may cancel any Contract at any time prior to providing the Services to you, with no Liability other than repaying any amount to you of the Booking Costs paid in advance of the cancellation.

 

Deposit and Payments

3.1.        For Overnight Stays, you must pay a 50% deposit to us of the total Booking Costs to secure your Booking.

3.2.        Deposits must be paid seven days before your Booking. For short-notice Bookings, the deposit must be paid once we confirm the Booking.

3.3.        You must then pay the balance of the Booking Costs in full upon picking up your dog/s.

3.4.        Booking Costs can be made using any of the accepted payment methods specified by us at the time of payment.

3.5.        Booking Costs for Day Care sessions must be paid by the end of the Day Care session.

3.6.        If you do not pay us in accordance with the terms outlined in clauses 3.3 or 3.5, we are entitled to:

(a)       charge you interest on the monies due on a daily basis at the rate of 5%, calculated daily and compounded monthly until the actual payment date. You must pay this interest; and

(b)      recover our fees and expenses, including but not limited to debt recovery fees and legal fees, in chasing you for the debt.

 

Cancellations

4.1.        You must give us written notice if you wish to cancel a Booking.

4.2.        If an Overnight Stay Booking is cancelled within seven days of the scheduled start date, any refund of any amounts already paid at the time of cancellation will be forfeited.

4.3.        If you cancel an Overnight Stay Booking at least seven days before the scheduled start date, you will not get your 50% deposit refunded, but we will refund any additional amounts paid by you to us within seven days.

4.4.        If you elect to cancel a Day Care session after a deposit has been paid, a refund of the balance will be given if we are notified at least 24 hours before the Day Care session.

 

Disclosure

When making a Booking and at all other relevant times, you must disclose to us in writing any medical conditions or peculiar behaviours (e.g., timidity or fear of aggressiveness) of your dog/s.

 

Vaccinations and Other Treatments Required before Check-In

6.1.        You acknowledge and agree that all Day Care sessions and Overnight Stay Dogs must meet the following requirements:

(a)       have been treated for fleas and worms no more than one month before the date of check-in;

(b)      have had their full round of vaccinations;

(c)       have had their annual C5 vaccinations; and

(d)      have a current vaccination certificate, which must be provided either upon receipt of the approval of the Booking email or no later than 14 days before the date of check-in for Overnight Stay Dogs or at check-in for a Day Care session for the Booking to go ahead.

6.2.        We reserve the right to cancel your Booking if you fail to provide the dog/s current vaccination certificate.

6.3.        If an Overnight Stay Booking has been cancelled due to failure to provide the dog/s current vaccination certificate, and this is within seven days of the check-in date and/or at check-in, then any deposit paid will be forfeited.

 

Meet and Greet

7.1.        All new dog/s must have a meet and greet session with us at our Premises.

7.2.        No Bookings are confirmed until we have performed a meet and greet session at our Premises.

 

General Overnight Stay Rules

8.1.        All dog/s must be well socialised with other dog/s due to being in the same environment.

8.2.        If your dog/s, in our opinion and at our discretion, demonstrates aggressive behaviour, we reserve the right to:

(a)       isolate the dog/s; and/or

(b)      request that the dog/s be collected from us within 24 hours of notifying you and/or your emergency contact. In that case, we will refund the Booking Costs for the remainder of the Booking.

8.3.        If the dog/s are an un-desexed female and come into season during their stay, you and/or your emergency contact must collect the dog/s within 24 hours of notification. A refund for the Booking fee will be provided for the remainder of the Booking.

 

General Day Care Rules

9.1.        All dog/s must be well socialised with other dog/s) due to being in the same environment.

9.2.        If your dog/s in our opinion and in our discretion, demonstrates aggressive behaviour, we reserve the right to:

(a)       isolate the dog/s and/or

(b)      request that the dog/s be collected from us immediately by notifying you and/or your emergency contact. However, no refund will be given to you by us for the remainder of the Day Care session.

9.3.        If the dog/s are an un-desexed female and come into season during their stay, you and/or your emergency contact must collect the dog/s within 24 hours of notification. A refund for the Booking fee will be provided for the remainder of the Booking.

 

Food

10.1.     You must provide all food for the duration of the dog/s stay.

10.2.     All food supplied by you must:

(a)       be individually packaged and portioned for each meal for each day; and

(b)      be in ziplock bags or plastic containers labelled with the dog/s name and which meal it is.

10.3.     For stays of one week or more, the dog/s dry food can remain in the packaged bag with a measuring scoop, and canned food can remain sealed.

10.4.     If the food is not portioned, you must provide clear information regarding your dog/s feeding amounts.

 

Medication

All medication must be in its original packaging accompanied by dosage information, the relevant dog/s veterinary information and your dog/s name.

 

Marketing and Social Media

You acknowledge and agree that at any time during your dog/s stay, they may be photographed, and such photographs may be used by us on our website and/ or our social media accounts.

 

Acceptance of Risk and Waiver of Our Liability

13.1.     You acknowledge and agree that other than to enforce these Terms, you release and forever discharge us and our Personnel from any Claim or Liability associated with any injury and/or illness to your dog/s or damage to any items provided by you to us, which may have been sustained whilst using our Services.

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Force Majeure 

We will not be liable to you for any failure to perform, or delay in performing, our obligations under these Terms or a contract if the failure or delay is due to any cause beyond our reasonable control. If any such failure or delay continues for 14 calendar days, we may terminate any affected contract.

 

Miscellaneous

The Parties agree that:

15.1.     Any waiver by us must be express and in writing;

15.2.     All notices between the Parties must be in writing;

15.3.     Our rights under these Terms or any Contract do not exclude any other rights available to us;

15.4.     The actions of any person claiming to have your authority will bind you to the extent permitted by law;

15.5.     If any provision of these Terms or any Contract is deemed by a court of competent jurisdiction to be invalid, void, or unenforceable, the provision will be severed, and the remaining provisions will continue to apply;

15.6.     We may assign any rights or benefits under these Terms or any Contract to any third-party;

15.7.     You may only assign any rights or benefits under any Contract or these Terms or any Contract with our prior written consent; and

15.8.     These Terms and any Contract will be governed by the laws of, and the parties submit to the jurisdiction of the courts of the state of South Australia.

 

Interpretation and Definitions 

In these Terms: 

“Booking” means the booking order made by you to us to engage Our Services.

“Booking Costs” means the costs associated with the Booking you make with us to use Our Services.

“Claim” means any actual, contingent, present, or future demand, claim, action, suit, or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance, or any other remedy of whatever nature and however arising, whether direct or indirect and whether under the statute, contract, tort (including but not limited to negligence).

“Contract” means a contract formed due to our acceptance of any Booking from you.

“Day Care” means the dog-sitting services provided by us and our Personnel, which involve dropping off and picking up your dog/s on the same day.

“Liability” means any loss, liability, cost, payment, damages, debt, or expense (including legal fees).

“Overnight Stays” means the dog-sitting services provided by us and our Personnel that require your dog/s to remain in our care overnight.

“Parties” means the parties to the Contract and these Terms.

“Personnel” means any relative, employee, contractor, subcontractor, agent, partner, director, or officer of a party.

“Premises” means our premises at 7 Planters Drive, Hallett Cove, SA 5158.

“Services” means the dog-sitting services provided by us and our Personnel to you upon your Booking.

“We”, “us”, “our” means Bourn, Stephanie Louise t/a S & A Dog Sitting ABN 31 384 629 852 and all Personnel of the business

“You”, “your” means the customer