TERMS & CONDITIONS
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your booking to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or they require any changes, please contact us to discuss.
2 Information about us and how to contact us
2.1 Who we are. We are West End Tails, a company registered in England and Wales with registered name Companies House. Our company registration number is 15283483 and our registered office is at Unit 3 Chichester Rents, 79-86 Chancery Lane, London WC2A 1EG.
2.2 How to contact us. You can contact us by telephoning 07435 067054, by emailing us at info@westendtails.com or by sending us a letter at the address above.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3 Services
3.1 Service provider: pet care service provider, West End Tails.
3.2 Service: Commercial Day Care
4 Our contract with you
4.1 Commercial Day Care - How to make a booking: the Service Provider operates a fixed day care booking system, where the Client can make a booking. This system allows the Client to commit to regular day/s per week to receive the service.
4.2 By making a booking, permitting a dog to attend or accepting the Services of the Service Provider and its staff, the Client is deemed to have accepted these Terms and Conditions.
4.3 How we will accept booking: a booking confirmation email is then issued by the Service Provider to confirm your order has been accepted. All bookings must be made at least 24 hours before arrival date and only after a successful Trial and Meet & Greet has taken place.
4.4 Costs
4.4.1 All services are charged as quoted.
4.4.2 Bank Holidays and Easter may incur additional fees which you will be advised of at the time of booking.
4.5 Payment:
4.5.1 Full payment for the Services (agreed either at time of booking or subsequently) is to be made within 24 hours of receipt of invoice or, by the date specified on the invoice if not already paid using the online booking service. Time is of the essence.
· Invoices will be sent at the end of each month to cover bookings the following month. Payment is required by the following Monday.
· For clients who are booking trial days for their dogs, we require payment in advance.
4.5.2 Payments should be made using the online booking system, via Stripe. BACS transfers can be used, although it is not the preferred method, but the reference must Include your surname and pet(s) names.
4.5.3 The Client shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).
4.5.4 If the Client fails to make any payment due by the due date, the service time will be released for re-booking.
4.5.5 If payment is not made in accordance with these terms your Service Provider will not be obliged to honour any future booking arrangements.
4.5.6 Where payment is not received in accordance with these terms and conditions of business, the Service Provider reserves the right not to proceed with any previously agreed arrangements, and a cancellation fee will be payable.
4.6 Appointments
4.6.1 All booking dates and times are classed as appointments and must be followed. We have strict handover protocols.
4.6.2 The Service Provider will provide time intervals during which pick up and drop off services will occur. If an unforeseen circumstance arises, the time interval may be adjusted. You will be notified in this instance.
4.6.3 If you arrive early, please wait until the agreed time to phone to say you have arrived. Each appointment has 15 minutes allocated slot.
4.6.4 Your Service Provider can take no responsibility for being unavailable to receive your dog or for you to collect your dog outside of these times. If you are unavoidably delayed by more than fifteen minutes, you must contact us to arrange another suitable time for drop off or collection.
4.6.5 Please only call or text to communicate. Any other form of messaging may not be received if we are outside of a WiFi enabled area.
4.7 Varying your booking – Day Care
4.7.1 The Client is required to provide a minimum of 48 hours notice to the Service Provider In writing, if their pet(s) is not attending on their agreed regular day/s. If the Client does not send their pet(s) and fails to provide the 48 hours written notice, no credits will be due.
4.7.2 It may be possible to add occasional extra days as required, subject to availability. These additional days will be added to the Client’s monthly invoice at the “Additional Day” daily rate agreed in writing between us.
4.7.3 The Client may swap their agreed regular days on an ad hoc basis, subject to availability.
4.7.4 Requests to vary your booking should be made via the online booking system.
4.7.5 If the Client does not send their dog for any reason, for example due to holiday, the fee for the agreed regular day(s) is still payable in full unless cancelled 48-hours prior to drop-off.
4.8 Bookings we do not accept: We do not accept bookings for:
4.8.1 aggressive, unruly or destructive animals;
4.8.2 dogs registered under the Dangerous Dogs Act 1991;
4.8.3 dog hybrids registered under the Dangerous Wild Animals Act 1976 (eg, Wolf Hybrids).
4.8.4 dogs that have not been neutered/spayed (unless puppies/young juveniles). This typically applies to entire dogs and bitches over 12 months, but this can vary from breed to breed, medical conditions and rearing/individual development. So please do contact us to discuss further.
· Please note: We will accept bookings for juvenile dogs (dogs under 12 months) and puppies under the age of 6 months old by arrangement. Please see clause 5 for more information
4.8.5 Bitches in-season. If your dog comes into season whilst in our care, we will contact you or your emergency contact Immediately. If you or your local emergency contact are not able to immediately collect your dog, we reserve the right to crate the dog, arrange for your dog to be placed into local kennels for the duration of your booking period, and at your additional expense.
4.9 If we cannot accept your booking: If we are unable to accept your order, we will inform you of this and will not charge you for the services.
4.10 We only provide services to the UK. Our website, Instagram, and Facebook page are solely for the promotion of our services in the UK. Unfortunately, we do not operate outside the UK.
5 Juvenile dogs
5.1 If your dog(s) is under 1 year of age, you consent that where possible your pet(s) will be given the opportunity to have
a. supervised interaction with the world around them including people and other dogs to assist with their socialisation and emotional growth;
b. time to explore the environment and be kept entertained with various enrichment activities; and
c. all training be force free and positively rewarding.
5.2 Please note that we are not providing a dog training or behaviourist service, but we will endeavour to build on your pet’s positive interactions and engagements.
5.3 Dogs under a year old will only or have day care with other young dogs that can cope with puppy play. Rest time even if that means separating dogs will take place. In the event of any sign of illness, the puppy will be separated, and we will contact you and the vet.
5.4 Your puppy will be walked for an appropriate time for their age and development, as a rough guide, that is 5 minutes for every month of age (up to 12 months), twice a day.
6 Aggressive Animals
6.1 The Service Provider will not accept aggressive animals or unruly / destructive dogs.
6.2 The Client acknowledges that the Service Provider does not accept bookings for aggressive or unruly pets and the Client agrees to be responsible for all costs (including but not limited to medical care, legal fees, etc) if the Client’s pet(s) should bite another animal or individual.
6.3 The Service Provider has the right to terminate the provision of the Services If the Client’s pet(s) shows signs of aggression, unacceptable behaviour or any other cause of concern for the Service provider to provide the Service without any threat to themselves, colleagues, family or other dogs.
6.4 The Client agrees that if their pet attacks another animal or person, including any representative of the Service Provider, and this results in injury to that animal or person, the Client will be responsible for any expense incurred as a result. This includes payment of veterinary fees incurred as a result of injuries to another animal. The pet(s) will be removed with immediate effect and placed with the emergency contact or boarding kennel until the Client returns, and no refund will be due but the Client will be liable for all charges arising from subsequent kennel accommodation in additional fees to the Service Provider.
6.5 The Client agrees that in booking a service for their pet(s) that they have represented that the pet(s) have not shown aggression or caused harm, or threatening behaviour to any individual and/or any pet(s), and the Client agrees to contact the Service Provider as soon as possible if any of these behavioural changes presents itself or if their pet has the potential to cause harm to any individual or pet(s).
7 Your rights to make changes
7.1 If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
8 Our right to make changes
8.1 Minor changes to the services. We may change the services:
a. to reflect changes in relevant laws and regulatory requirements; and
b. to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not materially affect your use of the services.
8.2 More significant changes to the services and these terms. In addition, we may make the following changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:
a. Cease to provide commercial Day Care services.
9 Providing the services
9.1 When the services can begin: The Services can only begin after:
· all the necessary forms have been completed;
· copies of vaccination cards and details of any medical treatment have been provided;
· any ‘Meet & Greet’ and trial have been successfully undertaken to mutual satisfaction; and
· payment has made in accordance with the price quoted.
9.2 The Client agrees to provide full and honest information to the Service Provider about their pet(s) including all medical and behavioural information prior to each service taking place.
9.2.1 Behaviour by the Client’s pet which may negatively impact the Service Provider, family, staff, the pets in the Service Provider’s care, and neighbours will not be accepted. These include but are not limited to excessive barking or anti-social behaviour, aggression towards any humans or animals, toileting in the home, separation anxiety, howling, barking, destructive behaviour, straying and phobias.
9.2.2 Medical information the client must disclose includes, but is not limited to, any allergies their pet(s) has.
9.3 A mandatory ‘familiarisation/trial’ for a pet is required prior to the commencement of any new day care client booking.
9.4 Updates: The Client commits to inform the Service Provider of any changes regarding your pet’s health or behaviour, contact numbers, your pet’s care needs, your emergency contact details and other pertinent information.
9.5 The Service Provider reserves the right to post videos or photos of the pets in its care in support of its business activities via social media business pages or its website unless specifically requested not to do so by the Client. Such references will only be made with all consideration to any security considerations and personal information about the Client, including ID information, will not be attached.
9.6 The Service Provider may act in the Client’s absence as guardian of their dog and may perform or take any action which they deem necessary in order to protect and keep in good health the Client’s pet(s).
9.7 Transportation: The Client’s pet(s) may be transported with other pets in the Service Provider’s vehicle or a pet taxi in an emergency. The Client agrees that the Service Provider cannot be held liable for death or injury to their dog in the event of a motor vehicle accident.
9.8 We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
9.9 If you do not allow us access to provide services. If you have asked us to provide the services to you at your property, and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract (as per clause 17) and clause 17.3 will apply.
9.10 What will happen if you do not provide required information to us. We will need certain information from you, please see 9.1, so that we can provide the services to you. We will contact you to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 20.2) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9.11 Reasons we may suspend the services. We may have to suspend the services to:
a. deal with technical problems or make minor technical changes;
b. update the services to reflect changes in relevant laws and regulatory requirements; and/or
c. make changes to the services as requested by you or notified by us to you (see clause 7).
9.12 Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 2 weeks in any 4 week period we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract if we suspend the services, or tell you we are going to suspend them, in each case for a period of more than 4 weeks and we will refund any sums you have paid in advance for services not provided to you.
9.13 We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 4.5) and you still do not make payment after 14 days of that payment being due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 4.5).
10 Abandonment
10.1 If your pet(s) is not collected within two days of the agreed collection date, and where there has been no contact from you, the Client or your emergency contact, your pet(s) will be assumed abandoned, and any necessary arrangements made.
11 Exercise, wellbeing and enrichment
11.1 Exercise and enrichment activities take place for all pets in the care of the Service Provider and in signing this contract you will also be asked to sign and consent to a series of specific activities for your pet, unless we are specifically requested otherwise due to medical reasons.
11.2 Should your pet become sick/inured or subject to any infectious disease due to the exercise, wellbeing or enrichment activities, we will seek immediate advice from the Client’s vet. Should the vet be unavailable, or in case of an emergency situation, the Client consents to the Service Provider seeking treatment at their own vet.
12 Duty of Care
12.1 In caring for your pet(s), your Service Provider has specific legal responsibilities and a duty of care under the Animal Welfare Act 2006.
12.2 A change in a pet’s routine and circumstances can cause varying degrees of distress and unpredictable or abnormal behaviour, particularly if their owner is on holiday, pets have no concept or ability to understand that their owner’s absence is temporary, and they will be coming back. Your Service Provider understands this and will offer comfort and reassurance whilst trying, as far as is practically possible to maintain your pet’s normal daily routines.
12.3 In the event of extreme situations which may have an adverse effect on the Client’s pet e.g., fireworks, heat, thunderstorms or snow, the Service Provider shall in their sole discretion take whatever action they consider necessary, including not carrying out scheduled exercise until it is, in their opinion, safe for the welfare of your pet.
13 Necessities
13.1 The Service Provider will properly dispose of the Client’s pet(s) waste.
13.2 Where appropriate, the Client shall provide sufficient food, and any required treats for their pet(s) for the duration of the Service. (West End Tails provides treats but cannot guarantee any specific dietary reestrictions beyond what’s listed on the registration form.)
13.3 The Client commits to handover their pet in a clean and, to the best of their knowledge, in a healthy state.
13.4 Collars, harnesses and leads
13.4.1 Please provide a suitable, secure collar or harness with appropriate ID tag for all visits to the Service Provider. It is a legal requirement under the Control of Dogs Order 1992 for a dog to be identified as such, along with the requirement for a dog to be microchipped.
· In the event of a dog being presented without an ID tag on a collar or harness, the Service Provider will be unable to fulfil its service requirement, but the cost will still arise.
· The Service Provider will also place an additional ID tag on the pet’s collar and harness.
· The Client’s dog(s) must be microchipped and the microchip database up to date with the pet’s current home address.
13.4.2 All dogs will be walked on leads outside of our facility. There will be no off-lead time at West End Tails though the dogs will encounter off-lead dogs in the park.
13.5 Fences and secure homes
· In the event that dogs are being returned to a client’s home after services with West End Tails:
13.5.2 The Service Provider does not accept responsibility for any clients pets that escape, become lost or injured, fatal or otherwise, when instructed to leave the client’s animal in a fenced area. This includes electronic, wood, metal, or any other type of fence.
13.5.3 The Service Provider does not accept liability for other persons who will be in your home prior to, during or immediately after our services have been completed.
13.5.4 It is understood that the client will notify anyone with access to the home that the services of the Service Provider have been engaged.
13.6 Medicines
13.6.1 It shall be the sole responsibility of the Client to ensure the Service Provider is fully aware of any health issues the pet is experiencing or has suffered in the past. The Service Provider cannot be held liable for any actions or omissions which result in problems or complications for anything not disclosed.
13.6.2 No booking can be accepted without a completed Veterinary Release Form.
13.6.3 Under no circumstances will the Service Provider service any pet that has any form of active, contagious illness.
13.6.4 The Service Provider shall follow instruction given on the Booking Form and the Medication Instructions Form but cannot be held liable for any complications which may arise.
13.7 Vaccinations and parasite treatments
13.7.1 All pets must be fully up to date with their annual vaccinations or boosters.
13.7.2 An up-to-date veterinary vaccination record must be produced prior to the commencement of our services to ensure that your pet has current vaccinations against Canine Parvovirus, Canine Distemper, Canine Adenovirus/Infectious Canine Hepatitis, Leptospirosis, and other relevant diseases.
13.7.3 All dogs must be fully vaccinated against Kennel Cough and up to date with all parasite control, including fleas, ticks and worms. The service Provider reserves the right to ask the Client for proof of this.
13.7.4 Primary vaccination courses must be completed at least 2 weeks before the commencement of services. Vaccines used must be licensed for use in the UK. Homoeopathic vaccinations are not acceptable. Titre tests are not accepted.
13.7.5 Pets must have been appropriately treated for external and internal parasites (typically for fleas and worming) in accordance with veterinary advice. If there is evidence of external parasites (fleas, ticks, lice) the pet must be treated with an appropriate product authorised by the Veterinary Medicines Directorate and licensed for use on animals in the UK. Treatment must be discussed with a veterinarian before administering. Evidence of such treatments by your Veterinarian will be required before any service can commence.
13.7.6 The Service Provider requires a copy of a valid vaccination certificate for the Client’s pet(s) prior to the commencement of any service. There are no exceptions to this requirement.
13.7.7 If the Service Provider (or any member of their staff or household, including any family dog) is bitten or exposed to any disease or ailment received from the Client’s pet(s) which has not been properly or currently vaccinated, the Client will be responsible for all costs and damages that may be incurred as a result.
13.8 Emergency
13.8.1 Emergency contact details must be provided on the Client’s booking form should a situation with your pet arise and the Client is unavailable.
13.8.2 The emergency contact needs to be an independent person (ie. if the Client is away on holiday, the emergency contact must NOT be a member of the Client’s holiday party) and must authorised to make a decision on the Client’s behalf if such needs arise.
13.8.3 The emergency contact will be asked to take over care for the pet(s) in the event of an emergency, eg a dog coming into season, or if the Client’s dog displayed behaviour which meant they can no longer be cared for. These behaviours can be, but not limited to, aggression, separation anxiety, anti-social behaviour, toileting or destructive behaviour. Refunds will not be given under these circumstances. Please seek permission for your emergency contact to be nominated.
13.8.4 If an emergency, medical or otherwise arises, your Service Provider will make every effort to contact you, the Client, and your emergency contact to inform you of such a development.
13.8.5 A Client is required to sign a Veterinary Release Form, so that in the event that your pet needs urgent medical treatment, your Service Provider can seek medical services at the nearest veterinary practice and that the Client agrees to reimburse for all services rendered by a veterinarian as stated and approved by you in the Veterinary Release Form.
14 Service Provider’s companion or staff member
14.1 The Service Provider may have a spouse, family member or friend accompany them, or may be represented by another staff member or pet carer as part of providing the required services. No costs will be applied to the Client’s account for any assistance the companion provides.
14.2 The Client will be advised in advance where a Service Provider wishes to take a companion, any companion will be subjected to whatever checks the Service Provider considers necessary or appropriate.
15 House cleanliness (Applies to Pick up and Drop Off services if provided)
15.1 The Service Provider shall clean up after the Client’s pets to the best of their ability.
15.2 The Client shall make available cleaning materials in the event of any ‘mistakes’ within their property. Please inform them of the designated area for the appropriate cleaning supplies.
15.3 The Service Provider may charge for cleaning where the time or number of occurrences exceeds what would be considered to be acceptable.
15.4 The Service Provider cannot be held liable or responsible for any stains, marks or damages caused by the fouling or attempts to clean it whilst awaiting pick up services or after drop-off services have been completed.
16 Keys
16.1 The Service Provider will obtain one copy of your house key if returning the dog to the client’s home. The client must complete a separate Service Agreement before passing over the key.
16.2 Where it is necessary for the Service Provider to hold keys to a property, the Client shall provide one of each key needed. Keys will be coded and kept within a locked system for security.
16.3 Keys will be returned upon completion of your agreed service providing all fees due have been paid, unless you instruct us to retain them for future services.
17 Sick or injured pets
17.1 If your pet is taken sick or injured, the Service Provider will notify the Client at the earliest convenience using whatever method is available to take instructions or guidance.
17.1.1 In the event of the Service Provider not being able to contact the Client, their emergency contact will be contacted. In an emergency situation, the Service Provider shall, if in its own opinion the pet needs veterinary attention/treatment/opinion the Service Provider shall make arrangements as necessary, in the best interest of the pet. Any veterinary bills shall be directly chargeable to the Client.
17.2 In the event of a pet having a contagious illness or disease which has not been disclosed, the Client may be liable for the costs of treatment given to other animals which become infected.
18 Unforeseen Purchases
18.1 In the event that additional items need to be purchased in the absence of the Client – i.e., pet food, or other necessary items that contribute to the health and wellbeing of your pet(s), the Service Provider will purchase these, retain a receipt and the Client is responsible for reimbursement of these items.
18.2 If your pet(s) chews or destroys its bedding, it will be replaced with an alternative at your additional expense. A receipt will be provided.
19 Your rights to end the contract
19.1 You can end the contract before the services have been supplied. You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, as described below.
19.2 The Service Provider requires 14 days written notice of any Day Care cancellation and 28 days written notice of any Kennel Boarding cancellation.
19.3 The Client agrees to provide such 14 days written notice for a Day Care cancellation or 28 days written notice for a Kennel Boarding cancellation, and pay any amount which fall due during the notice period.
19.4 On termination of the contract for any reason the Client shall immediately pay to the Service Provider all outstanding and unpaid invoices and interest. In respect of Services supplied but for which no invoice has been submitted, the Service Provider shall submit an invoice, which shall be payable by the Client immediately on receipt.
19.5 Any cancellation must be provided in writing at the earliest opportunity, by email direct info@westendtails.com.
19.6 If you are entitled to a refund, we will reimburse you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
20 Our rights to end the contract
20.1 In the very unlikely event, the Service Provider is unable to provide the agreed service, we will do our best to rearrange or offer an alternative unless in extreme circumstances in which we endeavour to provide 24 hours’ notice.
20.2 We may end the contract if you break it. We may end the contract at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 14 days of that payment being due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
you do not, within a reasonable time, give us access to your property to enable us to provide the services to you; or
Have provided us with false information, specifically but not limited to, information about bookings which we do not accept, vaccinations and or behavioural problems of the pet.
20.3 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 20.2 we will retain the right to deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. If the advance payments (if any) are not sufficient to cover the reasonable costs, we will invoice you separately for these.
20.4 We may stop providing the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 7 days in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.
21 If there is a problem with the services
21.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us by telephoning our consumer service team at the contact information provided above.
Summary of your legal rights. See the information below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
The Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
- if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
- if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
22 Price and payment
22.1 Where to find the price for the services. The price of the services will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. All prices will be exclusive of VAT, therefore the prices will be the price before VAT is added on. We use our best efforts to ensure that the prices of services advised to you are correct. However please see clause 22.3 for what happens if we discover an error in the price of the services you order.
22.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
22.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will contact you regarding the difference in price and either refund you for the additional payment you made or invoice you for the remaining payment to be made. You may decide not to proceed with the services if the price is higher. If we accept and process your order where there was a pricing error, we may end the contract, refund you any sums you have paid and not perform the services.
22.4 When you must pay and how you must pay. You must make an advance payment of the price of the Services, before we start providing them. This will vary depending on the type of Service being provided to you.
22.5 We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 4.5) we may charge interest to you on the overdue amount at the rate of 8% a year above the base rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
22.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
23 Our responsibility for loss or damage suffered by you
23.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
23.2 We are not liable for any losses, including business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We are not responsible for any losses that can be legally excluded from liability.
23.3 Any damage to the property or possessions of the Client or the Service Provider in their absence, however caused by the pet shall be recorded by the Service Provider and where considered by the Service Provider to be serious enough to inform the Client, they will do so at the earliest opportunity by whatever means is available. Any costs, including administration, ‘manpower’ in providing such notice or making good any damage may be recoverable from the Client.
24 How we store your personal information
24.1 It shall be the Client’s sole responsibility to ensure the information provided to the Service Provider is current and up to date, the Client agrees to accept any decision made by the Service Provider in the event of the Service Provider not being able to contact the Client as a result of incorrect information held.
24.2 All of the Service Provider’s records will be stored in compliance with the General Data Protection Regulation (GDPR). Personal information will be kept private and confidential and solely in relation to the services the Service Provider has been requested to provide. If requested, your data will be made available to the Local Authority for us to comply with any specific local authority conditions.
24.3 Our Privacy Policy can be found on www.westendtails.com.
25 How we may use your personal information
25.1 How we will use your personal information. We will use the personal information you provide to us to:
a. provide the services;
b. process your payment for such services; and
c. to inform you about similar Services that we provide, but you may stop receiving these communications at any time by contacting us.
25.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
25.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
26 General
26.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation.
26.2 You need our written permissions to transfer your rights and obligations. You may only transfer your rights or your obligations under these terms to another person with our written consent.
26.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
26.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. The illegal or unenforceable provision will be amended as little as possible to give effect to the intended purpose to render it valid.
26.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
26.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and the English courts shall have exclusive jurisdiction.
26.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.
26.8 Third Parties
26.8.1 The Client shall advise the Service Provider of anyone who will have access to their property during any periods of the Client’s absence, including but not limited to cleaning services, maintenance personnel, friends, family and neighbours.
26.8.2 The Service Provider shall not be liable for other persons or their actions or omissions who will be in, or have access to the Client’s property before, during or after services have been rendered.
26.9 Variation. No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
26.10 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this 8.5 shall not affect the validity and enforceability of the rest of the Contract.
26.11 Notices.
26.11.1 Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
a. delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
b. sent by email to info@westendtails.com
26.11.2 Any notice shall be deemed to have been received:
a. if delivered by hand, at the time the notice is left at the proper address;
b. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting;
c. if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this 25.11.2.c, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
26.11.3 This 25.11 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
26.12 Force majeure.
26.12.1 Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control. This includes, but is not limited to, acts of God, war, strikes, fires, floods, governmental restrictions or power failures. They must be relevant acts that affect the Party performing their obligations under the Contract.
26.12.2 The Party (the “Affected Party”) prevented from carrying out its obligations shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party.
26.13 Entire agreement.
26.13.1 The Contract, along with the Booking Form, Terms & Conditions, Policy & Procedures, and the Veterinary Release Form, constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
26.13.2 Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
27 Insurance
27.1 All reasonable care is taken to ensure the highest standards of care are provided.
27.2 The Service Provider has valid public liability insurance, for the peace of mind of their Client
27.3 The Service Provider is insured to provide commercial care services. The Insurance only covers the duration of the commercial care service with the Service Provider. A copy of the policy is available on request.
27.4 In agreeing to the Services, the Client agrees to insure the Client’s pet(s) under a pet insurance policy and is likewise able to insure home and property contents under a house and contents insurance policy. The Client is advised to notify their insurers of the day care arrangement in order to be covered under the pertinent insurance policies. The Client understands that the Service Provider is only able to offer its competitive fees on the basis of its Clients insuring its pets appropriately.
27.5 The Client is advised to:
27.5.1 Consult the Service Provider’s specific insurance policy (available on request) to check it meets the Client’s specific requirements.
27.5.2 Ensure their own pet insurance covers their dog falling ill during the Service Provider’s care, as this is not insured by the Service Provider (it is almost impossible to prove that a dog was pre-symptomatic before arrival).
27.5.3 Check to see if the Client’s insurance provider needs informing that someone will have access to the Client’s property whilst they are away.
27.5.4 To purchase their own separate pet insurance to assist with any emergency veterinary treatment, should the unexpected happen.
27.6 Note that in the event that the Client’s dog acts contrary to information declared or omitted in the Client’s Registration Booking Form, the Service Provider will not accept any liability and the Client will be responsible for any and all costs directly arising.
28 Miscellaneous
28.1 The Booking Form, Policies and Procedures, Terms & Conditions and the Service Agreement will always prevail.
29 Liability
29.1 The Service Provider shall not be liable to the Client or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the services, if the delay or failure was due to any cause beyond the Service Provider’s reasonable control.
29.2 The Client take responsibility for any costs which may be incurred, by either veterinary or other parties, as a result of any damage, accident, or sickness caused to or by their dog and will pay any such costs or expenses on demand.
29.3 Nothing in the Contract shall limit or exclude the Service Provider’s liability for death or personal injury being caused by its negligence, or the negligence of its employees, agents or subcontractors. The total liability the Service Provider will owe to the Client is capped at £1,000 or the fees paid under the contract, whatever is lower.
29.4 Subject to clause 29.2, the Service Provider shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
· loss of profits;
· loss of sales or business;
· loss of agreements or contracts;
· loss of anticipated savings;
· loss of damage to goodwill; and
· any indirect or consequential loss.
29.5 This clause 29 shall survive termination of the contract.
Acceptance
By booking with West End Tails, the Client accept the Terms & Conditions of the Service Provider as detailed within this document. (All policies, procedures, guidelines and Terms & Conditions are subject to change at the discretion of the Service Provider.)