Term, Conditions and Policies

The following terms and conditions are the basis on which Sue & Brian McKie trading as Canning Vale Boarding Kennels and Cattery (the “Service Provider”) will provide animal boarding services to the owner and/or carer (the “Owner”) to board the Owner’s animal(s) at the Service Provider’s principal place of business being 4 Crufts Way, Canning Vale.

 

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 ANIMALS DURING ANY PERIOD OF BOARDING ARE AT THE OWNER’S RISK AND THE OWNER INDEMNIFIES THE SERVICE PROVIDER AGAINST ANY AND ALL LOSS OR DAMAGE THAT IS CAUSED BY THE OWNER’S ANIMAL(S).

 

1 BOOKINGS

 

1.1 Booking Procedure

 

The Service Provider requires the Owner’s full name, address and no less than two (2) contact telephone numbers; in addition to full details of the animal(s) that they intend to board and the proposed boarding times, when making a booking to board the Owner’s animal(s).

 

1.2 Early Pick Up

 

The Service Provider requires three (3) days notice for the early pick up of the Owner’s animal(s).  If three (3) days notice is not provided by the Owner then the Owner agrees to pay the Service Provider for the full term of the booking.

 

1.3 Late Pick Up

 

1.3.1 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.

 

1.3.2 If the Owner’s animal(s) is not collected by the agreed departure date the Service Provider must give seven days (7) 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, the Owner authorises the Service Provider to do any of the following:

 

(a) place the Owner’s animal(s) in a pound;

(b) place the Owner’s animal(s) in an animal holding facility;

(c) sell the Owner’s animal(s); or

(d) find a new owner for the Owner’s animal(s).

 

1.3.3 In the event that the Service Provider deals with the Owner’s animal(s) in any of the methods specified in Clause 1.3.2, the Owner releases and discharges the Service Provider from any further duty, responsibility or liability in relation to the Owner’s animal(s).

 

1.4 Unforeseen Circumstances

 

1.4.1    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.

 

1.4.2    What constitutes unforeseen circumstances will be at the total discretion of the Service Provider.

 

1.4.3    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 Clause 1.3 will apply.

 

1.5 Unconfirmed Departure Date

 

1.5.1    If the Owner does not specify a departure date at the time of booking the Owner will pay to the Service Provider a Security Deposit equivalent to two (2) weeks boarding fees.

 

1.5.2 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 while the Owner’s animal(s) are boarding with the Service Provider.

 

 

1.5.3 If payment is not made, or no alternate arrangement has been agreed to between the parties, then the Service Provider may terminate the agreement by giving seven (7) days notice to the Owner (the “Termination Notice”).

 

1.5.4 If the Owner does not collect the Owner’s animal(s) by the expiry of the Termination Notice, the Owner authorises the Service Provider to do any of the following:

 

(a) place the Owner’s animal(s) in a pound;

(b) place the Owner’s animal(s) in an animal holding facility;

(c) sell the Owner’s animal(s); or

(d) find a new owner for the Owner’s animal(s).

 

1.5.5 In the event that the Service Provider deals with the Owner’s animal(s) in any of the methods specified in Clause 1.5.4, the Owner releases and discharges the Service Provider from any further duty, responsibility or liability in relation to the Owner’s animal(s).

 

1.6 Late Arrivals

 

1.6.1    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.

 

1.6.2    If a booking is cancelled pursuant to this Clause 1.6.1 the Owner agrees to pay the Service Provider for the full term of the booking.  The Owners agrees that it is its responsibility to ensure the arrival date is correct.

 

2 DEPOSIT

 

2.1 Deposit

 

2.1.1 A deposit of $50.00 per animal is required within two (2) weeks of making the booking otherwise the booking will be deemed cancelled.

 

2.1.2 Until a deposit is received by the Service Provider, the Service Provider grants no guarantee that a boarding place will be available for the Owner’s animal(s).

 

2.2 Peak Periods Deposit

 

2.2.1 A nonrefundable deposit of 50% of the boarding total is required when the booking is made. If no payment is received within two (2) weeks of making the booking, the booking will be deemed cancelled. In the case of cancellation during this time, you will be refunded your deposit less $50.00 per animal IF we can fill allocated kennels for the length of your booking.

 

2.2.2 Peak Periods include all school holidays and long weekends.

 

3 PAYMENT

 

3.1 The Owner agrees to pay all outstanding invoices before or on collection of the Owner’s animal(s).  If any outstanding invoices are not paid the Owner agrees that the Service Provider will hold the Owner’s animal, at the sole expense of the Owner, until the outstanding invoices are paid.

 

3.2 If the Owner does not pay the outstanding invoices pursuant to Clause 3.1 then all monies owing to the Service Provider shall be due and payable and the Owner agrees that:

 

3.2.1 the debt will be subject to collection charges which will be added to the account;

 

3.2.2 Interest at the rate of 14% per annum will be claimed from the date on which payment of the invoice is due up to and including the date on which the debt is paid in full; and

 

3.2.3 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 collectors’ fees and disbursements and any other costs or charges incurred by the Service Provider.

 

4 CANCELLATIONS

 

The Owner agrees to give seven (7) days notice to the Service Provider if it wishes to cancel a booking.  The Owner agrees that if a booking is cancelled that any deposit paid to the Service Provider is non refundable.

 

5 AGGRESSIVE ANIMALS

 

5.1 The Service Provider does not accept aggressive animals.  The Owner agrees that acceptance of the Owner’s animal(s) is at the sole discretion of the Service Provider.

 

5.2 The Owner agrees that if the Owner’s animal(s) are aggressive during the boarding term the Owner’s next of kin will be contacted to collect the Owner’s animal(s) within twenty four (24) hours of being provided notice.

 

5.3 If the Owner’s next of kin fails to collect the Owner’s animal(s) within twenty four (24) hours of being provided notice to do so, the Owner authorises the Service Provider to do any of the following:

 

(a) place the Owner’s animal(s) in a pound;

(b) place the Owner’s animal(s) in an animal holding facility;

(c) report the offence of the Owner’s animal(s) to local authorities to whom the animal will be surrendered.

 

5.4 If an aggressive animal causes injury to any other animal(s), the Service Provider, an employee or agent of the Service Provider, or a member of the public, the Owner indemnifies the Service Provider on a full indemnity basis against any claims and further authorises the Service Provider to report the offence to 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.

 

6 LIMITED LIABILITY

 

The Owner agrees that the Service Provider is not liable for the death, accident, illness or misadventure of the Owner’s animal(s) unless such incident is proven to be caused by the misconduct or negligence of the Service Provider, its agents or employees.

 

7 OWNER TO PAY VETERINARY EXPENSES

 

7.1 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.

 

7.2 The Owner agrees to pay all veterinary expenses and other costs incurred by the Service Provider for treatment of the Owner’s animal(s).

 

7.3 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 Owner’s animal(s) boarding at the Service Provider.

 

7.4 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 Owner’s animal(s) boarding at the Service Provider unless such incident is proven to be caused by the misconduct or negligence of the Service Provider.

 

8 TRANSPORTATION

 

In the event that during the term of boarding the Owner’s animal(s) is required to be transported for any reason the Owner authorises the Service Provider to arrange for such transportation and agrees to pay all transportation expenses and other costs incurred by the Service Provider for the transportation of the Owner’s animal(s).

 

9 MEDICATIONS

 

9.1 If the Owner’s animal(s) is 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.

 

9.2 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 pursuant to clause 7.

 

10 CONSENT TO USE PHOTOGRAPHS

 

The Owner consents and grants its permission to the Service Provider to use photographs and names of the Owner’s animal(s) in any promotional material, including but not limited to the Service Provider’s website and newsletters.

 

11 GENERAL

 

11.1 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.

 

11.2 The Owner agrees that the Service Provider may provide the Owner with notices, including those regarding changes to the Terms and Conditions.

 

11.3 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 benefit of under any applicable law), this will not be taken to be a formal waiver of the Service Provider’s rights and that those rights or remedies will still be available to the Service Provider.

 

11.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that 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.

 

11.5 The Terms and conditions, and the Owner’s 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 of urgent legal relief) in any jurisdiction.