TERMS & CONDITIONS (“the contract”)
THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 3.
1. By a) enrolling a dog with or b) permitting a dog to attend or c) accepting the Services of Oxford Dog Hotel and its staff, the Client is deemed to have accepted these Terms and Conditions.
2. Oxford Dog Hotel 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 dog.
LIMITATION OF LIABILITY: THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
3.1 The Client will take responsibility for any costs which may be incurred, by either veterinary or other, 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.
3.2 Nothing in the Contract shall limit or exclude Oxford Dog Hotel's liability for death or personal injury to a human being caused by its negligence, or the negligence of its employees, agents or subcontractors.
3.3 Subject to clause 3.2, Oxford Dog Hotel 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:
a. loss of profits;
b. loss of sales or business;
c. loss of agreements or contracts;
d. loss of anticipated savings;
e. loss of damage to goodwill; and
f. any indirect or consequential loss.
3.4 Subject to clause 3.2, Oxford Dog Hotel total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to £1,000 or the total fees paid under the Contract, whichever is lower.
3.5 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
4. The Client’s dog may be transported with other dogs in a Oxford Dog Hotel Day vehicle. The Client agrees that Oxford Dog Hotel cannot be held liable for death or injury to their dog in the event of a motor vehicle accident.
5. Oxford Dog Hotel may hold in possession the keys to the Client’s home and the Client is responsible for making arrangements with its own insurers with this regard.
6. The Client is required to give written consent to walk their dog/s off the lead.
7. The Client has explicitly confirmed that their dog has no record of aggressive or anti-social behaviour and they have made a full and frank disclosure of any characteristic or trait that might make their dog unsuitable for socialising with other dogs.
8. Should the Client’s dog be deemed to be unsuitable by Oxford Dog Hotel, Oxford Dog Hotel reserves the right to cancel the booking indefinitely, with immediate effect.
9. The Client agrees to ensure that their dog/s will be kept up to date on all vaccinations (or provide titre tests), de-worming and de-fleaing.
10. The Client gives consent for their dog’s image to be used in photo or video format on Oxford Dog Hotel promotional material and social media or in any format that Oxford Dog Hotel considers appropriate.
11. Force Majeure. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
12. Entire Agreement.
a. This agreement 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.
b. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
13. Variation. No variation of the Contract shall be effective unless it is in writing and notified or accepted by Oxford Dog Hotel (or its appointed director(s)).
14. Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
a. waive that or any other right or remedy; or
b. prevent or restrict the further exercise of that or any other right or remedy.
15. 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 clause shall not affect the validity and enforceability of the rest of the Contract.
16. Notices.
a. Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email to the correct addressed email address if sent delivered-read (so email delivery and receipt can be acknowledged).
b. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the Client’s address provided by him/her; if sent by pre-paid first class post or other next working day delivery service to the same address, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email one business day after transmission
c. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. Third parties. No one other than a party to the Contract shall have any right to enforce any of its terms.
18. Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
19. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
Oxford Dog Hotel © 2024
Oxford Dog Hotel
Dog Boarding & Training for the Oxfordshire Area
Copyright © 2024 Oxford Dog Hotel
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