Acceptance below by the OWNER confirms that the OWNER has read and understood the terms and conditions overleaf.
The OWNER’S attention is particularly drawn to the points set out below, and the OWNER should note that all terms
overleaf apply to the contract.
1. The OWNER confirms all relevant and necessary information regarding the Pet has been disclosed to Digs for Dogs and
will be set out in a pet schedule which will form part of this contract. See condition 5 overleaf.
2. The OWNER assumes responsibility for all actions of the pet resulting in property damage and/or personal injuries. The
OWNER’ attention is particularly drawn to the warranties it gives in signing this contract in respect of: (i) information relating
to the behaviour of the Pet set out at condition 5 (ii) the indemnity at condition 5.2 which requires the owner to pay Digs for
Dogs for liability to third parties in most circumstances: and (iii) to the limitation of liability of Digs for Dogs set out at
condition 6.
3. The OWNER agrees to provide necessary medication, food, collars, leashes, food and water bowls, treats, toys. If the Pet
becomes injured or seriously ill, the OWNER or their designate shall be notified as soon as practicable as to desired
treatment. If neither the OWNER nor their designate can be reached and the state of the Pet’s health demands quick and
immediate attention, Digs for Dogs is hereby authorised to secure a veterinarian, to administer appropriate medical
treatment. Any and all such expenses incurred are the sole responsibility of the OWNER. See condition 3.2.3 and 4.1.1.
4. Payment for all services is due in full when the Pet is collected on Collection Day. Payment of any additional charges (e.g.
veterinary surgeon bills) is due when the Pet is returned to the OWNER.
1. DEFINITIONS AND INTERPRETATION
” 1.1 In these Terms the following expressions will have the following meanings unless inconsistent with the context:
“Digs for Dogs” details of whom are set out overleaf;
“Contract” any contract between Digs for Dogs and You for the supply of the services formed in accordance with clause 2;
“Dog” the dog specified in the Order;
“Home Boarder” any individual or individuals appointed to provide the Services on behalf of Digs for Dogs;
“Order” the order for the services as set out overleaf;
“Pet Schedule” the pet schedule and inventory completed on the basis of information provided from You in respect of the Dog;
“Services” as set out in the Schedule, together with any services which Digs for Dogs provides to You (including of them or any part of them) under a Contract;
“Terms” the standard terms and conditions of supply set out in this document together with any special terms agreed in writing between Digs for Dogs and You.
“You” the person(s) whose Order is accepted by Digs for Dogs, and “Your” and “Yours” shall be construed accordingly.
1.2 In this Agreement, the masculine includes the feminine and the neuter, and the singular includes the plural, and vice versa as the context admits or requires.
1.3 You may have other rights granted to You by law in addition to those set out in these Terms and conditions, which we may not exclude. These Terms and
Conditions do not affect those other rights granted by law.
2. FORMATION
2.1 Each Order for the Services will be deemed to be an offer by You to purchase the Services upon these Terms. The Contract is made when the Order is signed by
Digs for Dogs.
2.2 You must ensure that the Order is complete and accurate. If You discover that You have made a mistake with the Order please contact Digs for Dogs immediately
and Digs for Dogs will use its reasonable endeavours to take into account such changes (but cannot guarantee that it will do so.)
2.3 You acknowledge that the Pet Schedule forms part of each Contract.
3. SERVICES
3.1 Digs for Dogs shall provide the services for You, in respect of the Dog, between the Collection Day and Return Day (as set out in the Order) (“Term”) using any
Home Boarder it shall at its discretion appoint. Your point of contact shall at all times be with Digs for Dogs.
3.2 Digs for Dogs reserves the right at its absolute discretion during the Term:
3.2.1 to move the Dog from one Home Boarder to another;
3.2.2 to remove from a Home Boarder and place in such kennels as it shall at its discretion choose, any Dog which, in the opinion of the Home Boarder (i) shows signs
of aggression; or (ii) behaves in any way which is not in conformity with the Pet Schedule.
3.2.3 to consult a veterinary surgeon about the health of the Dog when it considers this is necessary.
4. PRICE
4.1 The price for the Services is as specified in the Order (“Price”) and is exclusive of:
4.1.1 the costs of any goods or services Dig for Dogs purchase for the Dog during the Term (including but not limited to food
and veterinary bills and medication);
4.1.2 any value added tax or other applicable sales tax or duty which shall be added to the price.
4.2 Digs for Dogs will be entitled to increase Price following any changes in the Order made both at your request and agreed
by Digs for Dogs or to cover any extra expense as a result of Your instructions or lack of instructions in respect of the Dog.
4.3 Payment for the Services is due as set out in the Order. Payment for any additional costs as specified above is due when
the Dog is returned to You.
4.4 The Contract may be cancelled by You subject to:
4.4.1 notification by You of the cancellation to Digs for Dogs in writing: and
4.4.2 retention by Digs for Dogs of the following percentage of the total booking cost in respect of the Contract; excluding
registration costs:
Cancellation 43 days (or more) prior to the Collection Day (as set out in the Order): 25%
Cancellation between 42 and 15 days prior to the Collection Day (as set out in the Order): 50%
Cancellation 14 days (or less) prior to the Collection Day (as set out in the Order): 100%
5. WARRANTIES AND INDEMNITY
5.1 you acknowledge that full disclosure by You in respect of the Dog is of the utmost importance in safeguarding the health and welfare of both the Dog, Digs for
Dogs, any Home Boarder and third parties. You therefore warrant that:
5.1.1. all information relevant to the provision of the Services has been disclosed in the Pet Schedule;
5.1.2 the Dog has no behavioural problems;
5.1.3 the Dog does not scratch, chew or bite, other than in relation to food;
5.1.4 the Dog has never attacked a human or another dog;
5.1.5 the Dog has never been used as a guard dog, police dog, for hunting or for any purpose whereby it would be trained to attack;
5.1.6 the Dog is not suffering from any illness which may be transmitted to or cause ill health to humans or other animals;
5.1.7 the Dog is fully vaccinated as recommended by the British Veterinary Association and has been treated against fleas and worms within fourteen days of the
Collection Day.
5.2 You agree to indemnify, keep indemnified and hold harmless Digs for Dogs from and against all direct, indirect or consequential loss (all three of which terms
include, but are not limited to, loss of profits, loss of business, depletion of goodwill and similar loss), liabilities, injuries, damages, claims, demands, proceedings or
legal costs and judgements which the Owner incurs or suffers as a consequence of direct or indirect breach of any of the provisions of clause 5.1.
6. LIMITATION OF LIABILITY
6.1 Digs for Dogs does not exclude its liability (if any) to You for personal injury to or death of humans resulting from Digs for Dog’s negligence; or for any matter for
which Digs for Dogs may not exclude or to attempt to exclude its liability.
6.2 Except as provided in Clause 6.1 above, Digs for Dogs will be under no liability to You whatsoever (whether in contract, tort (including negligence), breach of
statutory duty, or otherwise) for any damage or for any loss howsoever caused arising out of or in connection with its provision of the Services. Digs for Dogs hereby
excludes to the fullest extent permissible in law, all
express or implied or statutory clauses, warranties and stipulations or otherwise which, but for such exclusion, would or might subsist in favour of You.
6.3 Subject to conditions 6.1 and 6.2, Digs for Dog’s liability under this Contract for any injury, death, damage, or loss however caused will be limited to the sum of
£650.
7. FORCE MAJEURE
Digs for Dogs will not be liable to You in any manner whatsoever for any failure or delay or for the consequences of any failure or delay in performance of any
Contract if it is due to any event beyond Digs for Dog’s reasonable control. If the event causing the delay continues for a period in excess of three months then either
You or Digs for Dogs will be entitled to terminate the Contract by written notice to the other and Digs for Dog’s only liability to You will be to refund to You all sums paid
under the Contract in respect of Services which have not been performed.
8. TERMINATION
8.1 Either Digs for Dogs or You may by notice in writing served on the other terminate the Contract immediately if the other is in material breach of any of the terms of
the Contract and, where the breach is capable of remedy, the party in breach fails to remedy such breach and requiring it to be remedied. Failure to pay any sums
due in accordance with Clause 4 is a material
breach of the terms of the Contract which is not capable of remedy.
8.2 The termination of the Contract howsoever arising is without prejudice to Your or Digs for Dog’s rights, duties and liabilities accrued prior to or on termination. The
conditions which expressly or by implication have effect after termination will continue to be enforceable after termination.
9. GENERAL
9.1 Digs for Dogs may sub-contract, assign or licence all or any part of its rights or obligations under the Contract without Your consent.
9.2 Each and every Contract is personal to You and You may not assign, hold on trust, licence or sub-contract all or any of Your rights or obligations under any
Contract without Digs for Dog’s prior written consent.
9.3 Neither Digs for Dogs nor You intend that any terms of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 (or, if Digs for
Dogs is based in Scotland, by virtue of any jus quaesitum tertio) by any person not a party to it, with the exception of Digs for Dogs which shall be entitled to enforce
any term of the Contract.
9.4 By entering into this Contract You allow Digs for Dogs to use Your personal details for the purposes of performing the Services (including passing the information
contained in the Order to Digs for Dogs.) Digs for Dogs will not use Your details for other purposes without asking Your consent.
10. JURISDICTION
This agreement is to be governed by the laws of England and Wales and subject to the jurisdiction of the English and Welsh courts, unless Digs for Dogs is based in
Scotland in which case this agreement is to be governed by Scots law and subject to the jurisdiction of the Scottish courts.
SCHEDULE
Services
1. Providing accommodation for the Dog, using, where it is supplied, the bedding and toys provided by You for the Dog.
2. Feeding the Dog in accordance with its diet, as set down in the Pet Schedule;
3. Exercising the Dog, adhering as far as it is reasonable to do so to any exercise schedules set out in the Pet Schedule;
4. Providing and administering any medicines as set down in the Pet Schedule or as prescribed by any relevant veterinary surgeon.
5. Collection and delivery of the Dog from Your home to the premises from where the Services will be provided.
