Terms and Conditions
Terms and Conditions
Terms & Conditions
- Commencement Date and Duration
1.1. This Agreement shall commence on the date of the signature and shall continue until terminated in accordance with clause 6.1.
- Services
2.1. Coopers Pet care on Wheels 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 Booking Form.
2.2. Coopers Pet care on Wheels shall act in accordance with all reasonable instructions given by the Client provided such instructions are compatible with the specification of Services provided in the Policies and Procedures.
- Client’s Obligations
3.1. The Client shall use all reasonable endeavours to provide all pertinent information to Coopers Pet care on Wheels necessary for Coopers Pet care on Wheels’ provision of the Services.
3.2. The Client authorises Coopers Pet care on Wheels to carry out the Services.
3.3. The Client agrees that the information provided to Coopers Pet care on Wheels is true to the best of their information, knowledge and belief.
3.4. 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.
3.5. The Client may issue reasonable instructions to Coopers Pet care on Wheels in relation to Coopers Pet care on Wheels’ provision of Services. Any such instructions should be compatible with the specification of Services provided in the Policies and Procedures.
3.6. The Client will be responsible for all medical expenses and damages resulting from any injury to Coopers Pet care on Wheels, its employees and agents, or to other persons by the pet.
3.7. The Client shall fully indemnify Coopers Pet care on Wheels in respect of costs and damages arising from any claim from any person suffering either injury or death caused by the Client’s pet.
3.8. The Client authorises Coopers Pet care on Wheels to arrange for any emergency veterinary care that may be necessary during the provision of its Services. Coopers Pet care on Wheels shall use all reasonable efforts to obtain the Client’s consent prior to obtaining emergency care.
3.9. The Client agrees to reimburse Coopers Pet care on Wheels for any additional fees 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.
3.10. Coopers Pet care on Wheels shall use its best efforts to use the pet’s normal Vet where ever possible. The Client authorises Coopers Pet care on Wheels to appoint an alternative Vet to examine the pet and carry out such treatment or surgery as may be appropriate if the pet’s normal Vet is not available.
3.11. The Client shall ensure that Coopers Pet care on Wheels has access to the Client’s home or other specified location at the times to be agreed between Coopers Pet care on Wheels and the Client.
3.12. Any delay in the provision of Services resulting from the Client’s failure or delay in complying with any of the provisions in this Clause 3 shall not be responsibility or fault of Coopers Pet care on Wheels and the time will be deducted from the appointment.
3.13 Dogs will be walked on lead unless we have received an Off Lead Disclaimer form signed by the Client and the dog displays a good recall and general obedience.
3.14 If your dog/s escapes during a walk, on our premises or out of a vehicle (assuming no negligence is found on the part of the Carer) any liability for the dog/s actions remains the responsibility of the owner.
3.15. Coopers Pet care on Wheels may use any photographs and videos taken of the pets in their care on their website, social media pages and in marketing materials, unless expressly requested otherwise by the Owners.
3.16. Coopers Pet care on Wheels will not walk dogs that wear choke chains or electric collars nor can we administer negative punishment (smacking or jerking collars or any method which may cause your dog pain or distress).
3.18. The Client understands that Coopers Pet care on Wheels prefer to leave client keys on their property. This is to protect the Client's security and ensures that the Client is always in control of their keys at all times, before the service and after the service the Client shall have their key.
- Fees and Payment
4.1. Coopers Pet care on Wheels will charge the Client for the Services as quoted (the “Fees”). For ad-hoc services full payment is required on the day of the service, if packages are bought then 50% non-refundable deposit is payable at time of booking, this covers the first 2 or 4 walks dependent on package. The remaining 50% will be divided equally to the remaining walks but will only be requested to be paid on the conclusion of the final part of the service agreement.
4.2. The Client agrees to reimburse Coopers Pet care on Wheels for any additional fees for providing emergency care, as well as any expenses incurred for, without limitation, unexpected visits, transportation, housing, food or supplies on proof of a valid receipt.
- Cancellations
5.2. Without prejudice to clause 9.1, in the event of Coopers Pet care on Wheels cancelling or otherwise not being able to provide the Services Coopers Pet care on Wheels shall either:
5.2.1. arrange alternative services or providers to a value and quality that would have been provided; or
5.2.2. refund any monies paid under this Agreement for the Services; and
5.2.3. 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.
5.3. Cancellation of service within 24 hours period of service appointment will result in full payment being applied.
5.3.2 Reshedulling of appoinment more than 24 hours in advance of arranged time can be done but will be according to availability.
5.3.3 Reshedulling of appointment within 24 hours of the arranged time will incur the full charge for that appointment with additional charge for the new appointment.
5.3.4 Cancelling remaining walks in a package deal will incur admin fee and cancellation fee equal to 50% of the remaining walks and will hinder further bookings of packages.
6. Early Termination
6.1. This Agreement can be terminated by;
6.1. Should any pet become aggressive or dangerous, Coopers Pet care on Wheels 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 a refusal to offer the Services and immediate termination of this Agreement.
6.2. The Client shall pay Coopers Pet care on Wheels for all fees, expenses and charges incurred up to the date of termination of this Agreement.
- Insurance
7.1. Coopers Pet care on Wheels 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.
7.2. 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. Coopers Pet care on Wheels pet-sitter insurance is not a substitute for your own pet insurance policy, we recommend that you take out pet insurance of your own.
7.3. Coopers Pet care on Wheels accepts no liability for damage caused by your dog during a walk. You will be liable in the event that the Carer or a third party is injured by your dog.
7.4. If the Walkers vehicle or property is damaged by your dog, other than reasonable wear and tear, you agree to make good such damage.
7.5. Walkers are covered by insurance in relation to their performance of their duties as pet-sitters under Coopers Pet care on Wheels Contractor agreement and is operational only in respect of carers performing walking/pet care assignments expressly agreed by Coopers Pet care on Wheels for the periods and dates confirmed in accordance with its booking’s procedures set out above.
- Indemnity and liability
8.1. Coopers Pet care on Wheels 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 Coopers Pet care on Wheels.
8.2. The Client shall accept full liability and responsibility for any event occurring or arising from the
behaviour or characteristics of their pet.
8.3. The Client accepts that even if their dog is vaccinated there is a chance that their dog can still
contract Kennel Cough. The Client agrees that they will not hold Coopers Pet care on Wheels responsible if their dog contracts Kennel Cough while walking with us.
8.4. The Client will indemnify Coopers Pet care on Wheels 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.
8.5. Coopers Pet care on Wheels 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 Coopers Pet care on Wheels against any such claims as may be made against it arising out of or in connection with this Clause.
8.6. Coopers Pet care on Wheels 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 before, during or after expiry of this Agreement.
8.7. Coopers Pet care on Wheels 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.
8.8. Coopers Pet care on Wheels will care for your pet as the Client would, and whilst Coopers Pet care on Wheels 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, Coopers Pet care on Wheels cannot be held liable for any loss, illness or injury of any pet whilst in Coopers Pet care on Wheels care, nor for any death of a pet unless Coopers Pet care on Wheels can be shown to be negligent.
8.9. The Client is responsible for any veterinary bills, no matter how they are incurred, whilst pets are in the care of Coopers Pet care on Wheels. Coopers Pet care on Wheels pet-sitter insurance is not a substitute for your own pet insurance policy, we recommend that you take out pet insurance of your own.
8.10. Nothing in this Agreement shall limit or exclude Coopers Pet care on Wheels liability for death or personal injury.
- Aggressive or unsocial animals
9.1. Should any pet become aggressive or dangerous, Coopers Pet care on Wheels 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:
9.1.1. a refusal to offer the Services and immediate termination of this Agreement;
9.1.2. obtaining assistance from a Vet, the R.S.P.CA or the police;
9.1.3. placing the pet in a boarding kennel;
9.2. Any fees and costs incurred in taking action pursuant to clause 9.1 shall be directly chargeable to and recoverable from the Client.
9.3. Coopers Pet care on Wheels 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 Booking Form and Coopers Pet care on Wheels terminates this Agreement pursuant to clause 9.1.1.
- Entire Males and Unspayed Females
10.1. Coopers Pet care on Wheels shall not walk a Clients unspayed female whilst in season off lead, regardless of whether the Off Lead Disclaimer Form has been signed. It is a Client's responsibility to notify their walker so that adequate precautions can be taken and the dog walked solo (if usually walked in a group) or visited in the house and garden only.
10.3. Coopers Pet care on Wheels shall not walk entire males over the age of 12 months within a group setting; where this is requested it will be granted on a case by case (behaviour determined)
- Force Majeure
11.1. 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.
11.2. 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.
- Assignment
12.1. Coopers Pet care on Wheels 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 Coopers Pet care on Wheels.
- Data Protection
13.1. Coopers Pet care on Wheels shall not use or pass to a third party (other than information needed by a carer to perform their duties). All information relating to the client, their property and pet(s) will be stored in accordance with the data Protection Act 1998.
13.2. Coopers Pet care on Wheels occasionally shares photo updates of dogs. You agree that Coopers Pet care on Wheels may, at its sole discretion, publish these photos on the site and across social media including Facebook, Twitter and similar sites. No identification will be given except the dog’s first name.
- Entire Agreement
14.1. This Agreement, along with the Booking Form, Policy & Procedures document and Veterinary
Release Form constitute the sole and entire agreement between the Parties, and supersedes all prior
agreements, representations and understandings of the Parties written or verbal. Any alteration of this Agreement must be in writing and signed by both Parties.
- Notices
15.1. Any notice required to be served under this Agreement shall be in writing and shall be served by hand, post or electronic mail.
15.2. Notices shall be deemed served:
15.2.1. upon delivery, when delivered by hand,
15.2.2. upon accepting delivery by signed receipt post/courier, when delivered by using a ‘signed for upon delivery’ postal service or courier.
15.2.3. immediately following transmission, if by electronic mail provided the sender does not receive a non-delivery message.
- Governing Law and Jurisdiction
16.1. This Agreement, its formation and any contractual disputes or claims shall be governed by and in accordance with English Law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
16.2. Any Forbearance, tolerance or delay in either party enforcing its contractual or legal rights shall not prejudice, restrict or prevent the right of the injured party to enforce its rights at a later date or later breach.
In signing the Agreement, the Client acknowledge they are legally authorised and entitled to do so, they fully understand and accept the terms (having taken legal advice if they consider it appropriate or necessary) and agree to be bound by the terms.