Service Agreement – The Purr Hotel
The Client wishes to engage the Service Provider (Pooch and Purr ltd) and the Service Provider agrees to undertake the services (hereafter referred to as the “Services”) in accordance with and subject to the terms and conditions of this Agreement. Any reference to cats in this Agreement shall refer to those specified on the Client Information Sheet.
1. Commencement Date
1.1. This Agreement shall commence from the first time deposit payment, and shall continue until terminated in accordance with clause 8.1.
2.1. The Service Provider shall perform the Services in an attentive, reliable and caring manner, using all reasonable skill and care, having due regard to any relevant information set out in the Client Information Sheet.
2.2. The Client accepts that Pooch and Purr ltd are not qualified groomers and therefore may not be able to carry out grooming as instructed for reasons including, but not limited to, lack of experience, lack of appropriate equipment, unwillingness of the cat to be groomed.
2.3. In the event of extreme weather which may have an adverse effect on the Client’s cat 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.
2.4. In the event that the Client cannot collect their cat, or be present when the Service Provider is carrying out a drop off service, the Client must provide in writing the details of a designated person in their stead. The cat will not be released unless valid I.D is provided by the designated person.
3. Arrival and Departure
3.1. A late check-out fee will apply if a client fails to check-out their cat(s) before 11am if late check-out has not been arranged.
3.2. A drop off and pick up service can be arranged at the discretion of the Service Provider. The Client agrees to pay any charges for this service.
3.3. In the event of any delay in the Client checking out their cat(s), notification must be given at the earliest opportunity and the cat may need to be crated if another client’s cat(s) is due for check in and the room needs to be prepared.
3.4. The Service Provider reserves the right to refuse any extensions of the services.
4. Client’s Obligations
4.1. The Client agrees that the information provided to the Service Provider is true to the best of their information, knowledge and belief.
4.2. The Client confirms that all vaccinations, treatments, licences, etc which s/he is obliged to have by law arising from the ownership of the cat have been obtained. The Service Provider reserves the right to refuse any cat(s) without valid vaccinations or titre testing.
4.3. The Client will be responsible for all medical expenses and damages resulting from any injury to the Service Provider, its employees, or to other persons or animals by the cat.
4.4. The Client shall fully indemnify the Service Provider in respect of costs and damages arising from any claim from any person suffering either injury or death caused by the Client’s cat.
4.5 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 4 shall not be the responsibility or fault of the Service Provider.
5. Bookings, Fees and Payments
5.1. A booking shall not be accepted until a deposit payment has been made in accordance with the price quoted.
5.2. The Service Provider will charge the Client for the Services as quoted to them (the “Fees”) and the Client agrees to pay the Service Provider the remaining Fees no later than day of check-in.
5.3. The Client agrees to pay a 50% non-refundable deposit no later than two working days after receiving a booking acknowledgment email. Failure to pay the deposit in this time means the booking dates requested are released and are available for other persons to book.
5.4. The Client agrees to reimburse the Service Provider 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 receipts.
6.1. It shall be the sole responsibility of the Client to ensure the Service Provider is fully aware of any health issues the cat is experiencing, or has suffered in the past. The Service Provider cannot be held liable for any omissions which result in problems or complications.
6.2. The Service Provider shall follow instruction given on the Medication Permission Sheet, but cannot be held liable for any complications which may arise.
6.3. In the event of a cat having a contagious illness or disease which has not been disclosed, the Client will be liable for any costs of treatment given to other animals which become infected and any other costs as a result of becoming infected.
7.1. In the event of the Client cancelling the Services, the Client agrees to pay the Service Provider a fee equal to 100% of the Fees if cancellation occurs within 7 calendar days of the scheduled service
7.2. In the event of the Service Provider cancelling or otherwise not being able to provide the Services the Service Provider shall:
7.2.1. refund any monies paid under this Agreement for the Services; and
7.2.2. provide a minimum of 72 hours’ notice, or if 72 hours is not practical, for example in a sudden event or emergency, notice as soon as it is reasonably possible.
8.1. This Agreement can be terminated by;
8.1.1. either Party serving not less than 7 calendar days written notice on the other Party;
8.1.2. the service provider, by written notice to the Client with immediate effect, if any information has been omitted that will affect the services provided. This includes, but is not limited to, a cat’s aggression issues, pregnancy in a female cat(s) and flea infested cats)
8.2. The Client shall pay the Service Provider for all fees, expenses and charges incurred up to the date of termination of this Agreement without prejudice to clauses 3, clause 5 and clause 7.
8.3. Without prejudice to Clause 12, the Client will not receive any refunds if returning early to collect their cats. The full Fees must be paid.
9.1. 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.
10. Indemnity and liability
10.1. 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.
10.2. It shall be the Client’s sole responsibility to ensure the information provided to the Service Provider is current and 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.
10.3. The Service Provider accepts that a change in a cat’s routine and circumstances can cause varying degrees of distress and unpredictable or abnormal behaviour. Cats have no concept or ability to understand that their owner’s absence is temporary and they will be coming back.
10.4. The Client will indemnify the Service Provider against any damage or injury caused by the cat towards any property, person or other animal, this will include, but is not limited to veterinary, medical and legal fees.
10.5. The Service Provider will care for your cat as stated on the client information sheet and whilst the Service Provider will make every effort to ensure the safety of the cat and ensure that the cat is well looked after in the Client’s absence, the Service Provider cannot be held liable for any loss, illness or injury of any cat whilst in the Service Provider’s care, nor for any death of a cat unless the Service Provider can be shown to be negligent.
10.6. The Client agrees to the Service Provider providing all cats with cat food that the Service Provider deems appropriate for each cat’s needs. The Client can choose to provide their own food, whether for personal preference or due to cat(s) requiring a veterinary prescribed diet.
10.7. The Client, if providing their own food, must provide all food necessary for the duration of the services. The Client agrees to reimburse the Service Provider for any additional fees for the purchase of food supplies on proof of a valid receipt.
10.8. The Client provides a raw diet for their cat(s) at their own risk. The Service Provider is not held responsible from any issues arising from following instructions to feed the Client’s cat(s) a raw diet. Raw food must be portioned out into daily meals and clear instructions provided.
10.9. The Client is responsible for any veterinary bills, no matter how they are incurred, whilst cats are in the care of the Service Provider.
10.10. If the cat is taken sick or injured the Service Provider shall follow the procedure set out in the Vet Release Form that the Client has signed.
11. Aggressive or unsocial animals
11.1. Should any cat 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:
11.1.1. a refusal to offer the Services and immediate termination of this Agreement;
11.1.2. limiting services offered to protect the Service Provider from harm
11.2. Any fees and costs incurred in taking action pursuant to clause 11.1 shall be directly chargeable to and recoverable from the Client.
11.3. 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 cat in the Client Information Sheet and the Service Provider terminates this Agreement pursuant to clause 13.1.1.
12. Force Majeure
12.1. 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.
12.2. 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.
13. Data Protection
13.1. All data will be processed and stored in accordance with the data Protection Act 1998, and the General Data Protection Regulation (GDPR).
14. Entire Agreement
14.1. This Agreement, along with the Client Information Sheet 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.
14.2. Any changes to this agreement are available on the Service Provider’s website, and by using the Service Provider’s services the Client agrees to these changes.
14.3. The Service Provider will notify the Client of any changes to this Agreement in accordance with Clause 15.
15.1. Any notice required to be served under this Agreement shall be in writing and shall be served by hand, text message or electronic mail.
15.2. Notices shall be deemed served immediately upon deliver, when delivered by hand, following transmission, if by electronic mail/text message provided the sender does not receive a non-delivery message.
16. Governing Law and Jurisdiction
16.1. This Agreement, its formation and any contractual disputes or claims shall be governed by and in accordance with Scottish Law and shall be subject to the exclusive jurisdiction of the courts of Scotland.
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.
By booking with the Service Provider, the Client acknowledges they are legally authorised and entitled to agree to this service agreement, 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.
Both parties acknowledge that this Agreement may change, and that any changes can be viewed on the Service Provider’s website.