Term, Conditions and Policies
CANNING VALE BOARDING KENNELS & CATTERY
TERMS AND CONDITIONS
The following terms and conditions are the basis on which “Canning Vale Boarding Holdings Pty Ltd” trading as “Canning Vale Boarding Kennels and Cattery” ABN 83 667 547 971 (the “Service Provider”) will provide animal boarding services to the owner and/or carer (“the Owner”) to board the Owners animal(s) at the Service Providers principal place of business located at 4 Crufts Way, Canning Vale, WA 6155.
By an Owner making a booking to board their animal(s) or placing their animal(s) in the care of the Service Provider, the Owner agrees that they and their animal(s), are subject to and conditional upon these terms and conditions. All animal(s) during any period of boarding are at the Owners risk and the Owner indemnifies the Service Provider against all loss or damage that is caused by the Owner’s animal(s).
BOOKINGS
Booking Procedure
The Service Provider requires the Owner to provide their full name, residential address, mobile contact number and email address and your requested dates for your stay. A secondary contact details will be required if the Owner is unavailable or uncontactable during any part of your animal(s) stay with us. When the owner provides a secondary point of contact for the animal(s) the Owner is confirming that the point of contact has the authority to discuss the reservation and make any medical decisions in the event of an emergency.
A current vaccination certificate will need to be provided for all animal(s) who will be boarding.
The Service Provider will scan your animal/s microchip number/s on arrival which will be recorded on their booking.
Deposit
A 50% deposit is required at the time of booking to secure your required dates. Full payment must be made prior to boarding or on the day of check-in at the latest. Full payment must be confirmed prior to the Service Provider accepting the animal(s) for boarding.
Peak Period/s
The peak periods are defined by the following dates: Easter, November through to February (Christmas holiday period), all other state-based school holiday dates and national long weekends. Surcharges may apply.
Payment
Full payment must be made on all known boarding dates prior to the animal(s) being accepted for their stay. Payments can be made by credit card, EFTPOS or direct deposit. The Service Provider reserves the right to charge a processing fee for all payments made by credit card.
If additional dates are requested by the Owner during the stay, the Owner will need to arrange immediate payment for the additional dates to be confirmed.
The Owner agrees to pay all outstanding charges before or on collection of the Owners animal(s).
If any outstanding invoices are not paid the Owner agrees that the Service Provider will hold the Owners animal, at the sole expense of the Owner, until the outstanding invoices are paid.
If the Owner does not pay the outstanding invoices, then all monies owing to the Service Provider shall:
- be subject to debt collection charges which will be added to the account.
- The Owner indemnifies the Service Provider on a full indemnity basis for all expenses incurred by the Service Provider in recovering the debt, including but not limited to solicitors’ cost, debt collector fees and disbursements and any other costs or charges incurred by the Service Provider.
Cancellations
In the event the booking is cancelled the Service Provider requires three (3) days’ notice prior to boarding dates to be provided with a full refund. If the cancellation is within 3 days of boarding a $100 cancellation fee will apply.
Arrival date
If the Owner fails to deliver the Owner’s animal(s) on the agreed arrival date the Service Provider will provide one (1) business day of grace after which the booking will be deemed to be cancelled.
If a booking is cancelled within 3 days of the booking arrival date the Owner agrees to pay a $100 cancellation fee. The Owner agrees that it is it is their responsibility to ensure the arrival date is correct on their booking.
Early Pick Up
The Service Provider requires three (3) days’ notice for the early pick up of the Owner(s) animals. If three (3) days’ notice is not provided by the Owner, then the Owner agrees to pay the Service Provider a $100 fee for reducing the boarding dates.
Late Pick Up
Unless an extension of the boarding term is agreed to between the Service Provider and the Owner, the Owner’s animal(s) must be collected from the Service Provider on the departure date as agreed. The Owner agrees that it is the Owner’s responsibility to ensure the departure date is correct.
Aggressive Animals
The Service Provider does not accept aggressive animals. The Owner agrees that acceptance of the Owners animal(s) is the sole discretion of the Service Provider
The Owner agrees that if the Owners animal(s) are aggressive during the boarding term the Owner or point of contact will be contacted to collect the Owners animal(s) within twenty-four (24) hours of being provided notice.
If the Owner or secondary contact listed on the booking fails to collect the Owner’s animal(s) within twenty- four (24) hours of being provided notice to do so, the Owner authorizes the Service Provider to do any of the following:
- Report the offence of the Owners animal(s) to local authorities to whom the animal will be surrendered.
If an aggressive animal causes injury to any other animal(s), the Service Provider, an employee or a member of the public, the Owner indemnifies the Service Provider on a full indemnity basis against any claims and further authorizes the service provider to report the offence to the local Authorities to whom the animal will be surrendered if the animal is not collected within twenty-four (24) hours of the Owner being notified to do so.
Owner to Pay Veterinary Expenses
The Owner hereby authorises the Service Provider to obtain veterinary treatment for the Owner’s animal(s) if, at the sole discretion of the Service Provider, such treatment is required. The Owner agrees to pay all veterinary expenses and other costs incurred by the Service Provider for treatment of the Owners animal(s).
The Owner further agrees to pay for all veterinary expenses and other costs incurred by the Service Provider for any other animal(s) that have been adversely affected from the Owners animal(s) boarding at the Service Provider. The Owner indemnifies the Service Provider, on a full indemnity basis, against any claims in respect of any other animal(s) that are adversely affected from the Owners animal(s) boarding at the Service Provider unless such incident is proven to be caused by the misconduct or negligence of the Service Provider.
Medication
If the Owners animal(s) are being prescribed medication during the term it is boarding with the Service Provider, whilst the Service Provider will use its best endeavors to administer the medication as instructed by the Owner, the Service Provider accepts no responsibility for any death or illness caused to the animal(s) as a result of the medication and the Owner indemnifies the Service Provider on a full indemnity basis against any claims.
The Service Provider makes no representations that it is qualified to prescribe or administer medication to animals and will only do so if it is directed by the Owner or a Qualified Veterinarian.
Consent to use Photographs
The Owner consents and grants its permission to the Service Provider to use photographs and names of the Owners animal(s) in any promotional material, including but not limited to the Service Provider’s website and social media platforms.
Notice Period
If the Owners animal(s) are not collected by the agreed departure date (“Notice Period” relates to late pick up, unforeseen circumstances, and unconfirmed departure date clauses) the Service Provider must give seven (7) days’ notice to the Owner (the “Notice Period“). Notice under this clause must be in writing and is agreed to be duly given if it is sent by pre-paid registered mail to the Owner’s address as provided to the Service Provider. A notice sent by pre-paid registered mail will be deemed to have been received by the Owner on the second business day after posting. If the Owner has not collected the Owner’s animal(s) by the expiry of the Notice Period set out in the registered mail, the Owner is:
- forfeiting their ownership rights of the pet and deeming the pet abandoned. The service provider will explore all legal avenues and may contact the local authorities to take ownership of the animal.
In the event the Service Provider deals with the Owner’s animal(s) specified above, the Owner releases and discharges the Services Provider from any further duty, responsibility, or liability in relation to the Owner’s animal(s).
Unforeseen Circumstances
If due to unforeseen circumstances, the Owner is unable to collect the Owner’s animal(s) on the agreed departure date the Owner agrees to advise the Service Provider accordingly at the earliest possible time prior to the departure date.
What constitutes unforeseen circumstances will be at the total discretion of the Service Provider.
The Owner further agrees if the Service Provider is not advised by the Owner of the unforeseen circumstances, or the Service Provider does not deem the circumstances to be unforeseen, that the above “Notice period clause” enacted and the Owner forfeits their ownership rights and releases and discharges the Service Provider from any further duty, responsibility, or liability in relation to the Owner’s animal(s).
Unconfirmed departure date
If the Owner does not specify a departure date at the time of booking the Owner will pay the account in full for the known dates of the stay, and the Service Provider will hold 2 weeks of funds for the unconfirmed dates.
When no departure date has been confirmed the Owner agrees to pay two (2) weeks in advance, then fortnightly payments to the equivalent of two weeks boarding to the Service Provider whilst the Owners animal(s) are boarding with the Service Provider.
If payment is not made, or no alternative arrangement has been agreed to between the parties, the Service Provider may terminate the agreement by giving seven (7) days’ notice to the Owner (the “Termination” notice).
If the Owner does not collect the Owners animal(s) by the expiry of the Termination Notice, the above “Notice period clause” will be enacted and the Owner forfeits their ownership rights and releases and discharges the Service Provider from any further duty, responsibility, or liability in relation to the Owner’s animal(s).
Limited Liability
The Owner agrees that the Service Provider is not liable for the death, accident or illness or misadventure of the Owners animal(s) unless such incident is proven to be caused by the misconduct or negligence of the Service Provider, its agents, or employees.
General
These Terms and Conditions constitute part of the agreement between the Service Provider and the Owner and govern and completely replace any prior agreements which cover the same subject matter between the Service Provider and the Owner in relation to the Services.
The Owner agrees that the Service Provider may provide the Owner with notices, including those regarding changes to the Terms and Conditions
The Service Provider reserves the right to refuse entry of any pet.
All cats over 12 months of age must be desexed to stay at the Service Providers premises.
If your pet has a known medical history, this must be disclosed at the time of booking, to ensure the wellbeing of the pet during their stay.
The Owner agrees that if the Service Provider does not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions (or which the Service Provider has the benefits of under any applicable law), this will not be taken to be a formal waiver or the Service Providers rights and that those rights or remedies will still be available to the Service Provider.
If any court of law, having the jurisdiction to decide this matter, rules that any provision of these Terms and Conditions is invalid, then at provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of the Terms and Conditions will continue to be valid and enforceable.
The Terms and Conditions, and the Owners relationship with the Service Provider under the Terms and Conditions, shall be governed by the laws of the State of Western Australia. The Owner and the Service Provider agree to submit to the exclusive jurisdiction of the courts located within the State of Western Australia to resolve any legal matter arising from the Terms and Conditions. Notwithstanding this, the Owner agrees that the Service Provider shall still be allowed to apply for injunctive remedies (or an equivalent type or urgent legal relief) in any jurisdiction.