For the supply of services by Fiona´s Diggidy Daycare:
- Incorporation and Definitions
1.1 These terms and conditions are incorporated into all contracts between Fiona´s Diggidy Daycare and the client/ customer “you”. Fiona´s Diggidy Daycare is a trading name of Fiona´s Diggidy Daycare Number 10828150. Registered at 22 Oldfield Crescent, Southwick Sussex BN42 4FZ.
1.2 The terms of the contract for services (defined in paragraph 1.4) shall only be contained in any acceptance or acknowledgement issued by Fiona´s Diggidy Daycare and these terms and conditions. These terms and conditions shall not be removed or varied in any way without the written consent of a director of Fiona´s Diggidy Daycare.
1.3 Any price or offer to provide services by Fiona´s Diggidy Daycare (whether contained on any website or in any brochure or otherwise) are an indication only of the type of services provided and the range of charges made. No contract shall come into existence until Fiona´s Diggidy Daycare has confirmed the specific provision of services to you and the price for those services or Fiona´s Diggidy Daycare has commenced providing the services pursuant to your request in which event Fiona´s Diggidy Daycare ´s standard prices (unless otherwise detailed to you) shall apply.
1.4 Fiona´s Diggidy Daycare provides the following services: Day Care, Walks, Overnight stays, Training.
1.5 All contracts for services with Fiona´s Diggidy Daycare must be made expressly through the website or personal enquiry at Fiona´s Diggidy Daycare premises. No contract for services should be made with any agent, carer or trainer of Fiona´s Diggidy Daycare and Fiona will not accept any such contract for services until (if at all) confirmed by Fiona Woods to you in writing.
- Provision of Services and Limitation of Liability
2.1 Fiona´s Diggidy Daycare and its employees and agents shall endeavour to provide the Services in a reliable and trustworthy manner and in turn you give consent that your dog will be walked, boarded and/ or in dog day care at premises where he/ she will be mixing with other dogs from different households.
2.2 In consideration of these services and as an express condition thereof you expressly waive any and all claims against Fiona´s Diggidy Daycare or its employees and agents and accept that Fiona´s Diggidy Daycare does not accept liability for any loss, injury, death or damages or other financial claims of whatsoever nature for any dog whilst in their care to the fullest extent that such liability can be excluded under English Law.
2.3 Fiona´s Diggidy Daycare regrettably does not accept aggressive dogs, anti – social unruly or untrained dogs, dogs that choke themselves on their leash, Category 1 & 2 dogs or any wolf hybrids. You must make full disclosure of any behavioural pattern or characteristic which might make your dog unsuitable for interaction. Failure on your part to disclose any matter which might render your dog unsuitable for the provision of Services will be deemed a material omission amounting to a fundamental breach of the Services agreement. If your dog becomes unruly and/ or aggressive, and/ or anti – social whilst under the care of Fiona´s Diggidy Daycare, we reserve the right to move the dog into an isolation area. In this event you will be informed as soon as reasonably practicable and additional charges may apply.
2.4 You understand that all dogs must be registered with a veterinarian and must be up to date with all treatments and vaccinations and that proof of this must be provided on first visit or subsequent request. Failure to do so will mean that we will either be unable to provide the services or at its discretion will place your dog in isolation and additional charges may apply. All dogs attending day care must have an up to date vaccination certificate and any dog being treated for any contagious illness must be symptom free and finished with all medications before returning to day care.
2.5 Fiona´s Diggidy Daycare usual premises opening hours are as follows: 9am – 4pm Monday – Friday. Pick-up times starting at 8.30am and drop offs are from 4.30pm. Fiona´s Diggidy Daycare will do its upmost to pick up and drop off your dog at the required time but is unable to guarantee specific times.
- Cancellation of Services by You
3.1 Cancellations for contracts and services must be received at least 24 hours prior to a scheduled service in which case a credit for the services will be issued. All other cancellations or missed services will be charged at the full price as if attended.
3.2 Fiona´s Diggidy Daycare may suspend or cancel the provision of services or contract if there is a breach or fundamental breach by you of those contract terms or in the event of non-payment for the services.
4.1 Fiona´s Diggidy Daycare accepts that it may not always be possible for you to be available for the collection or return of your dog at the scheduled time. Provided you have notified us in advance of a designated person nominated by you, we will allow the dropping off or collection of your dog by that designated person. Fiona´s Diggidy Daycare reserve the right to require such identification as we reasonably consider necessary from either you or such designated person to satisfy us of the correct person. Fiona´s Diggidy Daycare will take all reasonable precautions to establish that you or the designated person drop off or collect your dog and you authorise Fiona´s Diggidy Daycare to accept any instructions or additional request for services or agreement to additional charges given to us by your designated person.
4.2 Provided Fiona´s Diggidy Daycare has taken reasonable steps in the circumstances to verify the identity of the person dropping off or collecting the dog, we will not accept any liability for loss or otherwise resulting therefrom.
4.3 Additional charges may apply if either you or the designated person is unable to pick up your dog at the scheduled time. Additional charges will be applied at the standard hourly rate.
4.4 If dogs are not collected during the standard opening hours, the contract for services will be amended and will be deemed to be a hotel stay. The standard charges of Fiona´s Diggidy Daycare will apply in respect of this variation of services.
4.5 If you are not at the contracted drop off point when Fiona´s Diggidy Daycare attempts to drop off your dog at the previously arranged time and if we are unable to contact you or the designated person, the contract for services will be varied accordingly and additional charges, day time rates or hotel rates will apply.
4.6 If Fiona´s Diggidy Daycare is not satisfied by the identity of either you or the designated person, we may refuse to release the dog from their care and additional charges for the extended stay may apply.
4.7 If your dog is not released or collected for a period of 7 days after the original contracted pick up date and Fiona´s Diggidy Daycare are unable (after making reasonable effort) to contact you, we will do our utmost to arrange long term care for the dog (additional charges at hotel rates will apply). If after a further 7 days the dog has not been collected by you or the designated person, Fiona´s Diggidy Daycare reserve the right to rehome the dog. In this event all charges incurred up to the rehousing together with a reasonable administration charge will still be due from you.
4.8 Fiona´s Diggidy Daycare does not accept liability for loss or damage to your or the dogs belongings whilst left with us. Fiona´s Diggidy Daycare will use reasonable endeavours to return all belongings in the same condition as they were received.
4.9 Where Fiona´s Diggidy Daycare has been given possession of keys to your premises we will take all reasonable care to ensure the keys are kept securely and to ensure that any alarms are correctly activated and doors properly locked. Fiona´s Diggidy Daycare will not accept any liability for loss, damage or break-ins that may occur to your premises all such liability upon Fiona´s Diggidy Daycare is excluded to the fullest extent permitted by English Law.
4.10 Fiona´s Diggidy Daycare will endeavour to adhere to any specific dietary requirements for your dog which you notify to us. Fiona´s Diggidy Daycare are able to provide for all dogs in our care further details and charges are available on request.
4.11 By authorising Fiona´s Diggidy Daycare to use images of your dog, you agree for the use of all photograph(s) or electronic media images as identified in any presentation of any and all kind. You may revoke this authorisation at any time by notifying Fiona in writing. The revocation will not affect any actions taken before the receipt of this written notification.
5.1 You agree to pay Fiona´s Diggidy Daycare for all services rendered in accordance with the specific charge agreed and detailed to you in writing or where no charge has been specifically agreed in accordance with the standard list of charges of Fiona´s Diggidy Daycare at the time the services were provided a copy of which will be provided by Fiona´s Diggidy Daycare upon request or may be available on the website.
5.2 All pre-booked services must be paid for prior to the services being undertaken by Fiona´s Diggidy Daycare. Additional unforeseen charges such as extended stays, supplies or veterinarian fees will be invoiced at the relevant time and payment will be due within 14 days of the invoice or notification of the charges. Normally payment will be taken by either cash or credit/ debit card and you authorise Fiona´s Diggidy Daycare to debit such charges in accordance with these terms and conditions.
6.1 You agree to indemnify Fiona´s Diggidy Daycare against any harm or claim for damages or loss that may be incurred by Fiona´s Diggidy Daycare or claimed against Fiona´s Diggidy Daycare by any third party caused by your dog whilst in the care of Fiona´s Diggidy Daycare or the subject of the services by Fiona´s Diggidy Daycare.
- Veterinarian Care
7.1 If Fiona´s Diggidy Daycare reasonably considers that your dog needs medical attention or care whilst in the care of Fiona´s Diggidy Daycare or the subject of the services and you have not advised Fiona´s Diggidy Daycare of any specific requirements of any insurance that you may have for your dog Fiona´s Diggidy Daycare will proceed with what they consider to be the best interests of the dog and take any steps they reasonably consider necessary for your dog. In such circumstances Fiona´s Diggidy Daycare will take reasonable endeavours to try to contact you to obtain your instruction but you authorise Fiona´s Diggidy Daycare to take whatever steps they consider necessary in the best interests of your dog and agree to indemnify Fiona´s Diggidy Daycare against any costs or charges incurred by Fiona´s Diggidy Daycare to a veterinarian or otherwise and you further authorise that such charges may be debited from any debit or credit card of yours details of which our held by Fiona´s Diggidy Daycare.
7.2 Fiona´s Diggidy Daycare will also endeavour at your request (or those of your veterinary practitioner) and in accordance with (where it is practical to receive these) written instructions from you or your veterinary practitioner to administer medication or treatment to your dog as per those instructions. Fiona´s Diggidy Daycare does not accept liability for any loss, cost or damage you may suffer or incur, or liability for injury or death to your dog as a consequence of administering medication, unless the instructions have not been correctly followed by us.
- Matters outside the control of Fiona´s Diggidy Daycare
8.1 Fiona´s Diggidy Daycare will not be liable to you or be deemed to be in breach of the contract for services by reason of any delay in performing or failure to perform the services if that delay or failure was due to illness or incapacity of the companies employees or agents or to any cause beyond the companies reasonable control.
9.1 Each of the limitation or exclusion clauses above are to be construed. Limitation or exclusion and all clauses shall be severable such that each clause may survive and apply (to its maximum extent) even if for any reason other clauses are held inapplicable, unreasonable or unenforceable.