Terms and Conditions
MARCH 2023
DEFINITIONS
The Service Provider
The Service Provider is The Pet Manny Ltd. and its employees, servants or agents.
The Client
The Client is the owner, keeper or person in charge of the animal(s) to which the Services of The Pet Manny Ltd are sought.
The Pet
The Pet is the animal(s) that is the responsibility of the Client during the period when services are supplied by The Pet Manny Ltd.
The Services
The Services are the provision of care, exercising, feeding and generally looking after the Pet(s) by The Pet Manny Ltd on behalf of the Client, generally in their absence.
Services comprise of;
- Dog Walking (group or solo walks)
- Dog Pop-in Visit
- Dog/Puppy Sitting (sitting or live-in)
- Cat Pop-in Visit
- Cat Sitting (sitting or live-in)
- Other Animal Care (pop-in, sitting or live-in)
- Extras (e.g. key collection/return, vet visits, administering medication, feeding fish, water plants/gardens, shopping for supplies, additional consultation, parking)
1. Services
1.1 The Service Provider shall perform the Services in an attentive, reliable and caring manner, using all reasonable skill and care, having due regard to the Policies & Procedures and any relevant information set out in the online pet management system.
1.2 The Service Provider shall act in accordance with all reasonable instructions given to it in the online pet management system by the Client provided such instructions are compatible with the specification of Services provided in the Policies and Procedures.
1.3 The Service Provider shall be responsible for ensuring that it complies with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services.
1.4 The Service Provider will notify the Client of any incident or event that could potentially give rise to either civil or criminal court proceeding involving the Pet that occurs during the time that it is in the care and control the Service Provider.
2. Client’s Obligations
2.1 The Client shall use all reasonable endeavours to provide all pertinent information to the Service Provider necessary for the Service Provider’s provision of the Services.
2.2The Client authorises the Service Provider to carry out the Services.
2.3 The Client agrees that the information provided to the Service Provider is true to the best of their information, knowledge and belief and will ensure this is updated and current at all times.
2.4 The Client confirms that all vaccinations, treatments, licences, permits etc which they are obliged to have by law arising from the ownership of the Pet have been obtained.
2.5 The Client may issue reasonable instructions to the Service Provider in relation to the Service Provider’s provision of Services. Any such instructions should be compatible with the specification of the Services provided in the Policies and Procedures.
2.6 The Client will be responsible for, and will indemnify the Service Provider in respect of, all medical expenses, costs and damages resulting from any injury caused by the Pet to the Service Provider, its employees and agents, unless such costs are caused by the negligence of the Service Provider.
2.7 The Client authorises the Service Provider to arrange for any emergency veterinary care that may be necessary during the provision of the Services. The Service Provider shall use all reasonable efforts to obtain the Client’s consent prior to obtaining emergency care.
2.8 The Client agrees to reimburse the Service Provider for any additional fees, costs and expenses for providing emergency care. The Client further agrees to cover the cost of additional visits, which may be necessary to ensure the Pet’s safety or to monitor the Pet’s progress in recovering from sickness or injury.
2.9 The Service Provider shall use its best efforts to use the Pet’s normal Veterinary Surgeon wherever possible. The Client authorises the Service Provider to appoint an alternative Veterinary Surgeon to examine the Pet and carry out such treatment or surgery as may be appropriate if the Pet’s normal Veterinary Surgeon is not available.
2.10 The Client shall ensure that the Service Provider has access to the Client’s home or other specified locations on the days and times to be agreed between the Service Provider and the Client.
2.11 Any delay in the provision of the Services resulting from the Client’s failure or delay in complying with any of the provisions in this Section 2 shall not be the responsibility or fault of the Service Provider.
2.12 The Client will notify the Service Provider of any civil or criminal court order relating to the Pet, for example and not limited to, orders imposed under the Dangerous Dogs Act 1991 or the Dogs Act 1871 imposing conditions, requirements or restrictions on the Pet such as a requirement to wear a lead and/or a muzzle when in a public place. If such an order exists, the Client will provide a written copy of the order to the Service provider.”
2.13 The Client will ensure that if the Pet is a dog it would be handed over to the Service Provider with a collar to which a tag includes the name and address of the keeper clearly marked upon it.
3. Fees and Payment
3.1 The Service Provider will charge the Client for the Services as detailed in the online pet management system (the “Fees”) and the Client agrees to pay the Service Provider the Fees, promptly when they become due.
3.2 The Client agrees to reimburse the Service Provider for any additional fees and costs for providing emergency care, as well as any further expenses incurred for matters including unexpected visits, transportation, housing, food or supplies on proof of a valid receipt.
3.3 If the Client fails to pay the Fees on the due date, then the Service Provider shall, without prejudice to any other rights or remedies of the Service Provider, have the right to charge the Client interest on a daily basis at an annual rate of 8% on the sum due.
3.4 Should any payment due under this Agreement remain unpaid for 7 days after it becomes due, the Service Provider will be relieved of their contractual obligations under this Agreement to provide the Services until such time as payment is made.
3.5 All Public and Bank Holidays are charged at double the advertised rate and will be itemised on all invoices and confirmations through the online pet management system.
4. Cancellations
4.1 In the event of the Client cancelling any booked, invoiced or otherwise agreed recurring Services, the Client agrees to pay the Service Provider a fee equal to:
4.1.1 100% of the Fees if cancellation occurs less than 24 hours of the commencement of the scheduled Service;
4.1.2 50% of the Fees if cancellation occurs between 24 hours and 7 days of the commencement of the scheduled Service;
4.2 Without prejudice to clause 9.1, in the event of the Service Provider cancelling or otherwise not being able to provide the Services the Service Provider shall either
4.2.1 arrange alternative services or providers to a value and quality that would have been provided; or
4.2.2 refund any monies paid under this Agreement for the Services; and
4.2.3 in either case, provide 24 hours’ notice, or if 24 hours is not practical, for example in a sudden event or emergency, notice as soon as it is reasonably possible.
4.3 All booked and confirmed service dates are fixed and cannot be swapped for an alternative date and/or time. If the Client is seeking an amendment to the same, then the original booking must be cancelled in accordance with the procedure set out herein and the new dates and times booked afresh through the online pet management system.
5. Early Termination
5.1 Services can be terminated by;
5.1.1 either Party serving not less than 7 days written notice on the other Party;
5.1.2 the Service Provider, by written notice to the Client with immediate effect, in the event that any Fees or charges owed by the Client to the Service Provider remain outstanding for 7 days.
5.1.3 The Client shall pay the Service Provider for all fees, expenses and charges incurred up to the date of termination of this Agreement.
6. Insurance
6.1 The Service Provider shall ensure that it has in place at all times suitable and valid insurance that shall include Public Liability Insurance relative to the Services performed for the Client.
6.2 It is agreed by the Parties that it is the Client’s responsibility to ensure that the property, its contents and Pets are adequately insured throughout the duration of the Agreement.
7. Indemnity and Liability
7.1 The Service Provider shall not be liable for any loss or damage suffered by the Client resulting from the Client’s failure to follow any instructions given by the Service Provider
7.2 The Client shall accept full liability and responsibility for any event occurring or arising from the behaviour or characteristics of their Pet.
7.3 The Client will indemnify the Service Provider against any damage or injury caused by the Pet towards any property, person or other animal; this will include, but is not limited to veterinary, medical and legal fees.
7.4 The Service Provider shall not be responsible for any damage caused to the Client’s property or possessions or that of others caused by the Client’s Pet during the period the Pet is in its care. The Client agrees to indemnify the Service Provider against any such claims as may be made against it arising out of or in connection with this Clause.
7.5 The Service Provider accepts no responsibility or liability for the security of the Client’s property or premises, or any loss or damage which may be sustained as the result of action taken by third parties who also have access to the Client’s property or premises either before, during or after expiry of this Agreement.
7.6 The Service Provider shall not be liable for the injury, loss, death or any actions, fines or penalties as may be imposed on Pets permitted unsupervised access to the outdoors.
7.7 The Service Provider will care for your Pet as the Client would, and whilst the Service Provider will make every effort to ensure the safety of the Pet and ensure that the Pet is well looked after in the Client’s absence, the Service Provider cannot be held liable for any loss, illness or injury of any Pet whilst in the Service Provider’s care, nor for any death of a Pet unless the Service Provider can be shown to be negligent.
7.8 The Client is responsible for any veterinary bills, no matter how they are incurred, whilst Pets are in the care of the Service Provider.
8. Aggressive or Unsocial Animals
8.1 Should any Pet become aggressive or dangerous, the Service Provider shall, in their sole discretion take whatever action they consider necessary in the best interest of the animal, other animals or people which may be encountered. This may, without limitation, include:
8.1.1 a refusal to offer the Services and immediate termination of this Agreement;
8.1.2 obtaining assistance from a Vet, the R.S.P.CA or the police;
8.1.3 placing the Pet in a boarding kennel;
8.2 Any fees and costs incurred in taking action pursuant to clause 8.1 shall be directly chargeable to and recoverable from the Client.
8.3 The Service Provider shall not be liable to the Client for any refund of Fees where the Client has not specified the behaviour and characteristics of the Pet in the online pet management system and the Service Provider can terminate this Agreement pursuant to clause 8.1.1.
9. Force Majeure
9.1 Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing its obligations under this Agreement caused by conditions beyond its control including but not limited to acts of God, war, strikes, fires, floods, governmental restrictions or power failures.
9.2 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.
10. Assignment
10. 1 The Service Provider shall be entitled to perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor shall, for the purposes of this Agreement, be deemed to be an act or omission of the Service Provider.
11. Data Protection
11.1 The Service Provider shall not use or pass to a third party (other than information needed by a carer to perform their duties) or where required by law. All information relating to the client, their property and Pet(s) will be stored in accordance with the Data Protection Act 1998.
POLICIES AND PROCEDURES
1. Bookings
1.1 A booking shall be requested through the online pet management system only and not perceived as confirmed and accepted until a booking confirmation correspondence has been issued by the Service Provider and all the necessary information regarding this booking has been completed in the online pet management system.
1.2 For new Clients, an in-home consultation will be required. The first consultation with management is free of charge and additional consultations with carers are free by phone. If the Client wishes to meet any carer(s) provided by the Service Provider in person the charge is as advertised.
1.3 Bookings may be accepted up to 24 hours before the Service begins but payment in full will be required for all bookings before keys are returned.
1.4 Times of Service displayed in the online pet management system are only approximations and the Service Provider reserves the right to amend booking times.
2. Duty of Care
2.1 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. The Service Provider understands this and will offer comfort and reassurance whilst trying, as far as is practically possible to maintain the Pet’s normal daily routines. Clients are required to keep the online pet management system up to date at all times. All information must be in the corresponding named fields within the online pet management system, the Service Provider will not guarantee that information supplied elsewhere or in any other form will be adhered to.
2.2 In the event of extreme weather which may have an adverse effect on the Client’s Pet e.g. heat or thunder storms, 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 to do so.
3. Client Updates
3.1 The Service Provider will provide the Client care updates utilising the online pet management system only. This will be done on the day of the Service when it is safe and convenient for the Service Provider to do so.
3.2 All imagery from daily care updates may be used in marketing or social media for The Pet Manny Ltd.
4. Necessities
4.1 The Service Provider will properly dispose of the Client’s Pet(s) waste; however the Client shall ensure there is an appropriate supply of bags for that purpose, and indicate their preferred method/location of disposal in the online pet management system.
4.2 The Client shall provide sufficient food, cat litter, Pet supplies and any treats for their Pet(s) for the duration of the Service.
4.3 In respect of Pets which are dogs the Client shall provide secure collars with name/address tags and leads and ensure the Service Provider has access to and knows the location of such items.
4.3.1 Dogs without identification tags will not be walked in public spaces in accordance with the Control of Dogs Order 1992.
5. House Cleanliness
5.1 The Service Provider shall clean up after the Client’s Pets to the best of their ability.
5.2 The Client shall make available cleaning materials in the event of any mess made by Pets within their property.
5.3 The Client shall provide information in the online pet management system to the Service Provider of the location of appropriate cleaning materials, including but not limited to plastic bags, dustpan and brush, vacuum cleaner, disposable gloves, towels, disinfectant, paper towels and bin bags.
5.4 The Service Provider cannot be held liable or responsible for any stains, marks or damage caused by vomit or fouling or attempts to clean it.
5.5 The Service Provider may charge for cleaning where the time or number of occurrences exceeds what would be considered to be acceptable.
6. Damage to Property or Possessions
6.1 Any damage to the property or possessions of the Client 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. Any costs, including administration and man-power in providing such notice may be recoverable from the Client.
7. Medicines
7.1 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 loss or damage which result in problems or complications from anything not disclosed in the online pet management system.
7.2 The Service Provider shall follow instructions given in the online pet management system but cannot be held liable for any complications arising therefrom.
8. Sick or Injured Pets
8.1 If the Pet is taken sick or injured the Service Provider will notify the Client at the earliest convenience to take instructions or guidance. In the event of the Service Provider not being able to contact the Client, or 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.
8.2 The Service Provider reserves the right not to provide service to any Pets they feel may have a contagious illness or disease.
8.3 The Service Provider reserves the right not to provide Service to any Pets that are in recovery from illness, disease or operation.
8.4 In the event of a Pet having a contagious illness or disease, which has not been disclosed in the online pet management system, the Client may be liable for the costs of treatment given to other animals, which become infected as a result.
9. Neutered Pets
9.1 The Service Provider reserves the right not to walk or care for any unneutered animals or dogs in heat.
9.2 Any unneutered males will not take part in any of the group walks Monday-Friday. The Service Provider will walk unneutered males solo (at the advertised solo rate) where possible within the schedule
10. Keys
10.1 Where it is necessary for the Service Provider to hold keys to a property, the Client shall provide a minimum of one of each key needed.
10.1.1 For all dog services, the Client will provide the Service Provider a minimum of 2 of each key needed for the property.
10.2 Keys will be coded and securely stored by the Service Provider and carers.
10.3 As an alternative to the Service Provider holding any keys the Client may provide the Service Provider with access to any external key-safes at the property and The Client will ensure keys are always present in such key-safes.
10.4 The Client will keep all access instructions and information regarding key-safes up to date in the online pet management system.
10.5 Keys will only be returned when fees due have been paid.
10.6 Fees are charged as advertised for the collection and returning of keys.
10.7 It is the Client’s responsibility to ensure the Service Provider has correct and working set(s) of keys at all times.
11. Alarms and Home Security
11.1 The Client must provide adequate information and equipment for any home security systems.
11.2 If 2 sets of keys are issued to the Service Provider, the Client will also issue 2 alarm fobs if required for any home security system.
11.3 All information and clear instruction must be added to the online pet management system.
11.4 The Service Provider cannot be held responsible for any issues resulting in the failure to provide all required information for home security.
11.5 The Client will be liable for costs and/or fees for any additional time required by the Service Provider to resolve home security issues.
11.6 The Service Provider is not liable for any issues resulting in the failure of a home security system.
11.7 The Client must inform the Service Provider of any webcams located internal or external to the property in the online pet management system. Failure to do so may result in the Service being cancelled with immediate effect and charges will still apply.
12. Parking
12.1 The Client must inform the Service Provider in the online pet management system of parking facilities and restrictions. If there is no free parking in the immediate area and the client is unable to supply the carer(s) with appropriate parking permits then parking charges will be passed on to the Client.
13. Additional Fees
13.1 The Client agrees that any requests for additional services will be charged at the advertised price. This includes, but is not limited to; watering pot plants or gardens, administering medication, returning or collecting keys, vet visits and shopping for Pet supplies.
14. Privacy
14.1 It shall be the Client’s responsibility to ensure the information provided to the Service Provider in the online pet management system is 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 wrong information held.
15. Insurance
15.1 The Client is advised to check to see if its insurance provider need informing that someone will have access to the Client’s property whilst they are away
16. Third Parties
16.1 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.
16.2 The Service Provider shall not be liable for other persons or their acts or omissions who may have access to the Client’s property before, during or after the Service has been rendered.
16.3 In the event of a third party being present in the property the Service Provider reserves the right not to remain within the property until notified that the third party has vacated the property.
17. Service Provider’s Companion
17.1 The Service Provider may have a third party accompany them whilst providing the scheduled Service. No costs will be applied to the Client’s account for any assistance the companion provides.
17.2 All companions will be subject to whatever checks the Service Provider considers necessary or appropriate.
18. Pet Specifics
18.1 Dogs
18.1.1 GROUP WALKS – The Service Provider offers 3 daily “Group” pack dog walks Monday to Friday (not including weekends or public or bank holidays). The service provider ensures that the number of dogs per individual walker does not exceed 4. These group walks are divided in to morning (approx. 9am-10am), lunchtime (approx. 11:30am-12:30am), afternoon (approx. 2pm-3pm). If the Client’s dog is unable to attend these group walks for any reason such as, but not limited to; unsocial behaviour, aggression, in season, unneutered or illness then the Service Provider may offer a “Solo” individual walk at the advertised cost.
18.1.2 SOLO WALKS – Any walks requested outside of the Group walks as stated in point 18.1.1. will be classed as a Solo walk and charged as advertised.
18.1.3 Dog walkers will only let dogs off lead when they feel it is safe, legal and appropriate to do so and they have been given permission through the online pet management system.
18.1.4 When dogs are joining and/or leaving Group walks the pick-up and drop-off times are kept to a minimum. We adhere to a 2-minute rule when in a Clients property.
18.2 Cats
18.2.1 The Service Provider cannot be held responsible for any issues that occur outside the property and affects a cat that has access to a cat flap.
18.2.2 It is the Client’s responsibility to secure the property including windows and cat flaps if they do not wish their cat(s) to gain access to the outside of the property in the Client’s absence.