TERMS
AND CONDITIONS OF BUSINESS
1 Interpretation
1.1 In these Conditions:
'ANIMAL
ANGELS' means Sharman and Steve Dennis trading
as 'Animal Angels' at
5 Aldridge House, Elms Road, Hook, Hampshire, RG27 9DG;
'ANIMAL ANGELS FEE' means the fee shown in the Booking Form
as being the amount payable to Animal Angels in respect of
the Services;
'ANGEL' means the person(s) (and any replacement(s) thereof)
allocated by Animal Angels to provide the Services in accordance
with the Booking Form and these Conditions;
'ANGEL'S CHARGES' means the charges shown in the Booking Form
as being the amount payable directly to the Angel in respect
of the Services;
'BOOKING FORM' means the booking form enclosed with these
Conditions;
'CANCELLATION PROTECTION FEE' means the amount shown in the
Booking form as being the amount payable for cancellation
protection which shall be chargeable at the rate shown in
the Booking Form or other published literature of Animal Angels
relating to the Services from time to time and which may be
taken out by the Client only where the Services are to be
provided over more than 5 days;
'CLIENT' means the person(s) named in the Booking Form for
whom Animal Angels has agreed to provide the Services in accordance
with these Conditions;
'CONTRACT' means the contract for the provision of the Services;
'EXPENSES' means the costs and expenses incurred by Animal
Angels or the Angel in connection with the Services, including
without limitation, the travelling expenses incurred by the
Angel (or any replacement thereof) in travelling to and from
the initial meeting with the Client and to and from the Premises
to provide the Services, all of which shall be charged at
the rates shown in Animal Angels' brochure or other published
literature relating to the Services from time to time;
'HANDOVER FORM' means the form to be completed by the Client
upon completion of the Services confirming the condition of
the Premises and the Client's animal;
'PREMISES' means the Client's residence at which the Services
will be provided; and
'SERVICES' means the services to be provided by Animal Angels
for the Client and referred to in the Booking Form.
1.2
The headings in these Conditions are for convenience only
and shall not affect their interpretation.
2
Supply of Services
2.1
Animal Angels shall provide the Services to the Client in
accordance with the Booking Form but subject to these Conditions.
Any changes to the Services (which after confirmation of the
booking shall be subject to an administration fee to be advised
at the time of change) or these Conditions must be agreed
in writing by Animal Angels and the Client
2.2
The Client shall be responsible for supplying the Angel with:
2.2.1
reasonable cooking, eating and sleeping facilities at the
Premises and all food and water supplies for consumption by
the Client's animal;
2.2.2
all information necessary for due and satisfactory performance
of the Services, including any dietary, nutritional or exercise
requirements of the Client's animal and any other instructions
for the well-being of the Client's animal;
2.2.3
confirmation that the Client's veterinary practice will provide
medical care to the Client's animal (if required) and bill
the Client directly in respect thereof;
2.2.4
any instructions or conditions relating to the Angel's occupation
of the Premises; and
2.2.5
(if the Angel is to be allowed to drive the Client’s
vehicle but subject to the Angel supplying to the Client a
copy of a valid driving licence) a copy of the Client’s
comprehensive motor insurance policy confirming that the Angel
is insured to drive the vehicle.
2.3
Animal Angels may at any time without notifying the Client
make any changes to the Services which are necessary to comply
with any applicable or immediate safety or other statutory
requirements, or which do not materially affect the nature
or quality of the Services. Unless instructed otherwise by
the Client, the Angel shall be entitled to leave the Premises
unoccupied for up to 3 hours per day for personal reasons.
3
Charges
3.1
The Client shall pay the Animal Angels' Fee, the Angel's Charges
(payable to the Angel), the Expenses and any other sums agreed
between Animal Angels (or the Angel) and the Client in respect
of the Services or which, in Animal Angels' sole discretion,
are required as a result of the Client's instructions, conditions
or requirements or lack thereof, or due to any other cause
attributable to the Client
3.2
All amounts payable by the Client to Animal Angels are inclusive
of Value Added Tax. The Animal Angels' Fee must be paid and
sent in full with the Booking Form. If it is not so paid,
no booking will be accepted by Animal Angels. 25% of the Angel's
Charges (together with any applicable value added tax) must
be paid to the Angel at the commencement of the Services and
the balance plus all Expenses and any other sums incurred
by Animal Angels and the Angel paid and delivered together
with the Handover Form to the Angel upon completion of the
Services.
3.3
If payment is not made on the due date, either Animal Angels
or the Angel (whichever is applicable) shall be entitled,
without limiting any other rights they may have, to charge
interest on the outstanding amount (both before and after
any judgment) at the rate of 4% above the base rate from time
to time of Barclays Bank plc from the due date until the outstanding
amount is paid in full.
3.4
If in the Booking Form the Client has indicated the willingness
to accommodate a couple (i.e. two Angels), the Client shall
pay the Angel's Charges only in respect of one Angel even
if two Angels are supplied provided that Animal Angels shall
be entitled to reallocate one of such Angels. If however the
Client has requested for a couple, the Client shall pay the
Angel's Charges in respect of the two Angels.
4
Warranties and Liability
4.1
Animal Angels warrants that the Services will be provided
using reasonable care and skill and, as far as reasonably
possible, in accordance with the Client's instructions
4.2
Animal Angels shall have no liability to the Client for any
loss, damage, costs, expenses or other claims for compensation
arising from anything done by Animal Angels or the Angel at
the request of, or with the consent of the Client or from
any instructions supplied by the Client which are incomplete,
incorrect, inaccurate, illegible, or late or any other fault
of the Client or the Client's animal.
4.3
The Client acknowledges that no insurance company would insure
Animal Angels or the Angel against all liabilities arising
from any act, omission or negligence of an animal or provide
cover against all potential or reasonably foreseeable liabilities
whatsoever or howsoever arising (whether directly or indirectly)for
breach of clause 4.l.
4.4
The Client accepts that except in respect of death or personal
injury caused by Animal Angels or an Angel's negligence, or
as expressly provided in these Conditions, Animal Angels shall
not be liable to the Client or any third party by reason of
any representation (unless fraudulent), or any implied warranty,
condition or other term, or any duty at common law, or under
the express terms of the Contract, for any indirect, special
or consequential loss, damage, costs, expenses or other claims
(whether caused by the negligence of Animal Angels, its servants
or agents, or the Angel or otherwise) which arise out of or
in connection with the provision of the Services and the entire
liability of Animal Angels under or in connection with the
Contract shall not exceed the amount of the Animal Angels
Fee, expect as expressly provided in these Conditions.
4.5
Animal Angels shall not be liable to the Client or be deemed
to be in breach of the Contract by reason of any delay in
performing, or any failure to perform, any of its obligations
in relation to the Services, if the delay or failure was due
to any cause beyond Animal Angels’ reasonable control.
5
Termination
5.1
The Client shall be entitled to terminate the Contract at
any time by notice in writing to Animal Angels provided that
subject to clause 5.2 if the Client terminates the Contract:
5.1.1
15 days before commencement of the Services, the Client shall
pay the sum of £25 provided that if the Animal Angels'
Fee has already been paid, Animal Angels shall either return
the Animal Angels' Fee or retain the same (unless the Client
otherwise objects) as credit against any future provision
of the Services in both cases less the sum off £25;
5.1.2
14 days or less before commencement of the Services, the Client
shall pay the Animal Angels' Fee and 20% of the Angel's Charges;
and
5.1.3
after the commencement of the Services, the Client shall pay
the Animal Angels’ Fee, the Angel's Charges and the
Expenses.
5.2
Where the Client has paid the Cancellation Protection Fee,
the Client shall be entitled at any time prior to commencement
of the Services to terminate the Contract. Upon such termination,
Animal Angels shall retain the Cancellation Protection Fee
but shall either return the Animal Angels' Fee or retain the
same (unless the Client otherwise objects) as credit against
any future provision of the Services. If the Client terminates
the Contract after the commencement of the Services, the provisions
of clause 5.1.3 shall apply.
5.3
For the avoidance of doubt, payment of the Cancellation Protection
Fee does not constitute protection against or cover or insure
the Client against any loss, damages or expenses incurred
or suffered as a result of the cancellation of the Client's
holiday.
5.4
Either party may (without limiting any other remedy) at any
time terminate the Contract by giving written notice to the
other if the other commits any breach of these Conditions
and (if capable of remedy) fails to remedy the breach within
7 days after being required by written notice to do so.
5.5
Upon completion of the Services but prior to the Angel leaving
the Premises, the Client shall complete and sign the Handover
Form and deliver it together with all amounts payable under
clause 3.2 to the Angel upon completion of the Services. The
signing by the Client of the Handover Form shall in the absence
of manifest error be binding and conclusive proof that the
Client is satisfied with the provision of the Services and
the condition of the Premises.
5.6
The Client acknowledges that Animal Angels has expended considerable
time and efforts in building up an enviable reputation as
a provider of the Services. Accordingly, the Client undertakes
that for a period of 18 months following completion of the
Services, the Client will not solicit, deal with or otherwise
engage (whether or not for reward) an Angel to provide the
Services or similar services without the consent in writing
of Animal Angels. The Client shall be liable in the event
of any breach oft his undertaking to pay to Animal Angels
an amount equal to twice the value of the services for which
the Angel was engaged. In addition, the Client shall indemnify
Animal Angels against any loss of profits suffered by Animal
Angels as a result of denial of the opportunity to provide
the relevant services.
6
General
6.1
These Conditions and the Booking Form constitute the entire
agreement between the Client and Animal Angels and supersede
any previous agreement between them.
6.2
English law shall apply to the Contract, and the parties agree
to submit to the non-exclusive jurisdiction of the English
courts.
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