1. INTERPRETATION
1.1 The following words have the meanings set out in these general terms and conditions unless the contrary intention appears:
(1) Agreement means this agreement between the Company and the Customer and includes these general terms and conditions and any annexure to them.
(2) Charges means the fees and charges set by the Company from time to time and set as displayed
a. on the Company website; and
b. at Tara reception.
(3) Check-in means the date on which the Customer delivers their Pet/s to Tara.
(4) Check-out means the day on which the Customer collects their Pet/s from Tara.
(5) Company means Paw Seasons Pty Ltd ACN 623 180 727, being the owner of Tara.
(6) Customer means any party that enters into this Agreement with the Company.
(7) GST has the same meaning as in the GST Act.
(8) GST Act means the A New Tax System (Goods & Services Tax) Act 1999 (Cth).
(9) Parties means the Company and the Customer and Party means either one of them (as the case may be).
(10) Pet/s means any pet or pets as the case may be owned by the Customer and provided to the Company for the purposes of boarding;
(11) Tara means “Tara Estate Pet Boarding” located at 9 Beltana Road Pialligo ACT 2609.(12) Tax Invoice has the same meaning as in the GST Act.
(12) Tax Invoice has the same meaning as in the GST Act
2. RECITALS
2.1 The Company provides pet boarding services from the premises known as Tara Estate Pet Boarding.
2.2 The Customer has requested that the Company provide pet boarding services to the Customer’s Pet/s on the terms and conditions set out in this Agreement.
3. CONDITION OF PET/S
3.1 The Customer agrees and acknowledges that all Pet/s must have obtained up to date C5 for dog and F3 for cat vaccinations prior to Check-in and the Company reserves the right to request written proof of vaccination be provided by the Customer in relation to all Pets as a condition of stay prior to Check-in. Proof of vaccination will be asked for, and dogs will not be able to stay if this proof is not provided.
3.2 The Customer warrants that their Pet will be delivered to Tara at the time of Check-in a clean and tidy condition free from fleas or ticks. In the event that any Pet is found to possess fleas, ticks or a like condition the Company reserves the right to require the Pet to be washed and treated as deemed appropriate in the Company’s absolute discretion with all associated costs incurred by the Company to be reimbursed by the Customer at the time of Check-out.
If your dog shows any signs of illness, disease or injury upon arrival it may be refused admission.
3.3 The Customer warrants that it has disclosed all medical and behavioural matters associated with their Pet/s to the Company prior to Check-in. The Customer acknowledges the Company has the right to refuse any Pet that has considerable behavioural concerns that may pose a risk to staff. If your pet requires medication please read our Medication Terms & Conditions, by booking you accept these Terms & Conditions along with our Medication Terms & Conditions.
3.4 The Customer specifically represents that they are the sole owner of the animal, free and clear of all liens and encumbrances.
3.5 In the event that a Pet becomes ill or injured during their stay at Tara, the Company will use its best endeavours to contact the Customer as soon as possible after becoming aware of the illness or injury.
3.6 In the event that the Customer cannot be contacted within a reasonable time, the Company reserves the right in its absolute discretion to seek veterinary care for the Pet if deemed appropriate.
3.7 All costs and disbursements incurred by the Company in seeking such medical care for an ill or injured Pet will be reimbursed by the Customer at the time of Check-out and the customer hereby indemnifies the Company from and against all such loss or expenses.
3.8 In the event the Customer cannot be contacted and the Vet deems euthanasia necessary the customer hereby indemnifies the Company from and against all liability or expenses.
3.9 The Company reserves the right to refuse entry of any pet and may also ask the owner to collect the pet prior to departure date if the animal is aggressive and unable to be managed by staff.
3.10 All belongings left with the pet are done so at the Customers risk and the Customer acknowledges that the belongings may not be returned or may be returned dirty/torn or wet.
4. PAYMENT
4.1 Most bookings outside of peak & holiday periods will be paid in full at the time of check-in. A booking confirmation fee, amounting to 50% of the total order, may be required during peak times upon making this booking. This booking cannot be confirmed until the booking confirmation fee is paid. This fee is due within 7 days of making the booking. The booking confirmation fee is not refundable, however we understand not everything goes to plan. For any unforeseeable reason you have to cancel your pet’s stay with us, we will gladly transfer your booking fee as a credit to your pet’s next stay, with the exception of all Christmas bookings where booking confirmation fees are non-refundable or transferable.
4.2 All prices are subject to change without notice.
4.3 No refunds will be offered for early collections.
4.4 The Customer agrees to pay the Company the full the amount of each Tax Invoice issued to the Customer by the Company for services rendered under this Agreement without deduction or set-off at the time of check in of their Pet/s.
4.5 Payments by electronic funds transfer shall not be deemed paid until the Company has received cleared funds in full.
4.6 Methods of payment accepted by the Company include cash, debit card, Visa, Mastercard & Amex (Credit card surcharges apply)
4.7 Christmas bookings require payment in full at the time of confirmation letter which will be emailed to you.
5. DEFAULT AND INDEMNITY
5.1 If the Customer fails to pay the Tax Invoice issued by the Company to the Customer at the time of arrival (or collection if agreed to) of their Pet/s or fails to comply with its obligations under this Agreement:
(1) the balance of any money owing by the Customer to the Company shall immediately become due and payable by the Customer;
(2) the Company shall be entitled to charge interest on any money due and owing and payable by the Customer to the Company at the rate allowed by law. The Company’s right to charge interest under this clause does not affect any other rights or remedies it may have relating to any failure by the Customer to pay any amount due to the Company under this Agreement;
(3) the Company may retain possession of the Customer’s Pet/s until such time as any Tax Invoice which remains owing by the Customer is paid in full; and
(4) the Company may terminate this Agreement.
5.2 The Customer agrees and acknowledges that from the time of Check-in to the time of payment of the Company’s Tax Invoice in relation to services rendered to the Customer pursuant to this Agreement, the Company shall possess an equitable lien over all Pet/s until such time that the Tax Invoice is paid in full.
5.3 In the event that the Tax invoice has not been paid within 30 days of the date of issue to the Customer, the Company reserves the right in its absolute discretion to market for sale the Pet/s to the world at large.
5.4 Any funds which are obtained by the Company pursuant to the sale of the Pet/s are to be firstly applied to payment of the Customer’s Tax Invoice. Any deficiency following application of the proceeds of sale to the Tax Invoice are to be a debt due and owing by the Customer to the Company.
6. DAMAGE AND INJURY
6.1 The Customer indemnifies the Company, its employees, agents and subcontractors against:
(1) all damages, losses, expenses, suits and costs for any claims including any claim by any third party for loss or damage to any property, injury or death of any person or economic loss arising out of or relating to the behaviour or conduct of the Customer’s Pet/s whilst this Agreement remains at foot; and
(2) all reasonable costs and disbursements which the Company may incur in recovering any sums due to be paid by the Customer to the Company, including but not limited to any debt recovery agency fees, court fees or legal fees; and
(3) all claims, suits and costs associated in any way by the conduct of their respective Pet/s which result in the damage to the Company’s property or the property of third parties; and
(4) all claims, suits and costs brought about by the conduct of their respective Pet/s which result in injury to the Company’s staff or to third parties.
7. UNCLAIMED ANIMALS
7.1 Any unclaimed animals left in boarding where a Customer cannot be contacted, nor previous arrangements made, the Company reserves the right to surrender the animal to Domestic Animal Services after 1 week.
8. LIMITATION OF WARRANTY AND EXCLUSION OF LIABILITY
8.1 To the fullest extent permitted by law:
(1) the Company’s liability for breach of a condition or warranty implied by law, including any incidental or consequential loss which the Customer may sustain or incur is limited to the amount paid by the Customer under this Agreement; and
(2) for the avoidance of doubt, the Company disclaims liability for general, direct, indirect, consequential, special, or incidental damages of any kind in respect of or in any way connected with the care of the Customer’s Pet/s under this Agreement except to the extent that such damage was caused by the Company’s negligence.
8.2 The Company excludes liability for loss, damage, or expense including (but not limited to):
(1) any special, incidental consequential (including loss of profits), multiple or punitive damages, that arise directly or indirectly in respect of the Company’s care of the Customer’s Pet/s or otherwise in connection with this Agreement;
(2) except for the express conditions and warranties contained in this Agreement, all other conditions and warranties expressed or implied by statute, the common law, equity, trade custom, usage or otherwise are expressly excluded.
9. GST
9.1 If GST is imposed on any supply made under or in connection with this Agreement, where the consideration payable or to be provided under or in connection with this Agreement in relation to that supply is not expressed to be inclusive of GST, the party making the supply (“the Supplying Party”) may, in addition to that GST-exclusive consideration, recover from the party receiving the supply (“the Receiving Party”) an additional amount on account of GST.
9.2 This additional amount is to be calculated by multiplying the GST-exclusive consideration for the relevant supply (without deduction or set‑off) by the prevailing GST rate. Any amount payable by the Receiving Party under this clause is payable upon demand by the Supplying Party provided such demand is made by means of a Tax Invoice.
10. GOVERNING LAW AND JURISDICTION
10.1 The laws of the Australian Capital Territory govern this Agreement and the Parties submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.
11. SEVERABILITY
11.1 If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force.
12. ENTIRE UNDERSTANDING
12.1 This Agreement
(1) contains the entire agreement and understanding between the Parties on everything connected with the subject matter of this Agreement; and
(2) supersedes any prior agreement or understanding on anything connected with that subject matter.
12.2 Each Party has entered into this Agreement without relying on any representation by any other Party or any person purporting to represent that Party.
13.WAIVER
13.1 A Party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
13.2 The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
13.3 A waiver is not effective unless it is in writing.
13.4 Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
14.PARTIES ACKNOWLEDGMENT
14.1 In return for payment of the Charges for the period during which the Company provides boarding services to the Customer’s Pet/s, the Company agrees to:
(1) properly house and care for the Pet/s;
(2) keep the Pet/s safe and secure; and
(3) otherwise apply with its obligations under the Agreement.
15. CANCELLATIONS
We understand plans can change and wish to accommodate your needs. We can offer the following outside of Christmas and Easter holiday periods:
- A full refund is offered or a credit to a future booking, less a $50 admin fee if cancellation is made 7 days prior to arrival.
- A 50% refund or credit is offered, less a $50 admin fee, for less than 7 days notice, but more than 2 days prior to arrival.
- No refund will be provided if cancellation is made within a notice period less than 2 days & no credit applied.
By booking you accept these terms and conditions
Medication Terms & Conditions
We are happy to administer any medications/supplements to your pet during their stay with Tara Estate, however a surcharge will apply.
Prescription medications will be adhered to, unless otherwise advised by the administering Veterinarian.
Please ensure that all medications are properly labelled in their original packaging with your pet’s name and dosage amount/instructions written on the veterinary practices own label. Most medications are administered in Devon, if this is not suitable for your pet you must advise office staff on check in.
For insulin dependent pets please see our Insulin Terms and Conditions as we require a letter from your vet. We also ask that insulin dependent pets arrive during our morning opening hours to allow them to settle in fully before we close for the day.
It is important to note that whilst we take all due care when giving pets their medications, we do not accept any responsibility for any reactions or side affects that may occur. If we are unable to administer your pet’s medication for any reason you will be notified, if you are contactable your emergency contact and/or your veterinarian will be called, and they may be required to pick up your pet, and any costs incurred will be the responsibility of the owner.
Surcharge
Medication –$8.00 per dose
Insulin Injections $10.00 per dose
Insulin terms & Conditions
Whilst we are happy to administer Insulin to your pet, we can only do this at 7.30am and 5pm daily. Due to this we will require a letter from your pet’s vet advising this is suitable.
Needles must be supplied as single use needles.
We require a local emergency contact we can call in the event your pet needs to be picked up or in the event we cannot administer your pets’ dose or your pet stops eating.
If your pet won’t eat a meal, we will call our vet for recommendation on what to do, this may be that your pet isn’t administered its dose of insulin for that period.
If your pet doesn’t eat a second day, we will require that your emergency contact collects your pet immediately. This is to ensure your pet has the best opportunity to remain healthy as some pets can stress in a non-familiar environment.
Please also note that all medications must come in your vets original packaging, no de-cantering and the dosage amount must be on the veterinary practices own label and match what you as the customer advises.
By booking, you agree to the above in addition to our standard boarding Terms and Conditions outlined on our website.
Day Care Terms and Conditions
All dogs must be fully vaccinated with C5 which includes C3 and Canine Cough.
All dogs must be in good general health and have up to date flea and tick treatment.
All dogs must be desexed after 6 months of age.
Un-desexed female dogs on heat will not be able to attend daycare. It is the responsibility of the owner to advise Tara Estate and we take no responsibility for any events that occur if they do attend whilst on heat.
You must inform Tara Estate of any known behaviour problems that your dog(s) may have, including, but not limited to, excessive barking, dominance, mounting etc. Tara Estate uses safe and harmless corrective methods such as verbal commands, water spray and timeouts when reprimanding a dog’s behaviour.
Any behaviour deemed dangerous or inappropriate at Tara Estate may result in your dog(s) removal from the facility.
All dogs must approach, enter and leave the facility on a leash at all times.
Tara Estate’s Daycare facility is a cage free environment that allows dogs to interact and play directly with one another off leash under supervision. Every dog reacts differently and animals, by nature can be unpredictable and therefore present a certain level of risk. I acknowledge and understand that there are certain risks involved in day care, including but not limited to injuries to people, property and animal. Tara Estate staff will administer first aid if required to all minor injuries and notify me of said injury when I pick up my dog(s). I accept all reasonable risk of injury to my dog(s) that may occur in normal activities of a dog day care environment. My dog(s) is cared for at Tara Estate without liability for loss or damage from disease, theft, fire, escape, injury or harm to persons, other dogs, or property.
All dogs will be assessed by Tara Estate for suitability for day-care.
Tara Estate reserves the right to refuse entry to any animal.
You agree to pay all costs and charges for optional dog services requested by you.
You agree to pay all veterinary costs for your dog incurred during the time the dog is in Tara Estate’s care.
You agree to be solely responsible for any and all acts or behaviour of the dog whilst it is in Tara Estates care.
You are the sole owner of the dog, free and clear of all liens and encumbrances.
Your dog must have a collar with an identification disk with contact details on it.
The dog will be released from daycare only to persons named within your customer record including emergency contacts. You must advise in writing naming any other authorized persons to collect your dog.
Under no circumstances will Tara Estate, its employees or agents be responsible for paralysis tick, fleas, canine influenza, injury, loss, damage or death of any kind whatsoever, whether or not caused by any negligent act or omission of Tara Estate, its employees or agents, that may occur to any dog staying at Tara Estate.
This agreement relates to Tara Estate’s Doggy Daycare service and is not applicable for overnight stays. Should you, require an overnight stay for your pet then you agree to Tara Estate’s Pet Boarding Terms and Conditions.
Debt Collection Action- The Customer: a) Authorises Tara Estate to notify any debt collection or credit reporting agency upon default by the Customer in regard to any obligation to pay under this debit authorisation; b) agrees to immediately pay the full outstanding balance of the remainder of the payments due, including any current arrears, should a default occur prior to this payment request terminating; c) may be liable for any costs associated with the recovery of your overdue account, this may include, but is not limited to the following; legal fees, interest and mercantile agency collection cost.
Cancellation of your Booking Date – you agree to contact the Facility Reception directly by 9am to cancel your daycare session. Tara Estate requires 2 days notice to move a recurring daycare session.
You understand that daycare rates are reviewed periodically and may increase at any time without prior notice.
Tara Estate’s Daycare operating times are 7.30am to 5.30pm unless by prior arrangement. If your dog(s) are not picked up by 5.30pm there will be a late fee charged of $30.00 payable on pick up. If the dog(s) have not been picked up by 6pm your dog will be placed in the overnight kennels and applicable charges will apply and must be paid for before the dog goes home.
I acknowledge that all photographic images or digital recordings taken of the facility, dogs, customers and staff, together with their prints and their copyrights therein are the property of Tara Estate. I authorise Tara Estate to reproduce/alter the images, in print or electronic format without compensation to me and I waive the right to approve the finished image.
When completing the daycare enrollment form, I will do so to the best of my knowledge and will notify Tara Estate immediately of any changes to the information I have provided.