TERMS AND CONDITIONS FOR DOG WALKING SERVICES (B2C) PROVIDED BY: PAWSOME COMPANIONS LTD PROVIDING DOG WALKING SERVICES (FOR BOOKING A SINGLE DOG WALKING SESSION OR A PACKAGE OF SESSIONS)

 

BACKGROUND:

These Terms and Conditions are the standard terms which apply:

to booking and provision for You of any Dog walking Session (as defined in Clause 1 below) of any Dog walking Session by PAWSOME COMPANIONS  LTD a company registered in England & Wales under number 15644129 whose registered office is at Unit A 82 James Carter Road Mildenhall IP28 1DH (“Us”); and

where the client is a “Consumer” as defined by the Consumer Rights Act 2015.

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business”	means any business, trade, craft or profession carried on by You or any other person/organisation;
“Consumer”	means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual who receives services from Us comprising one or more Dog walking Sessions for a Dog for purposes wholly or mainly outside the purposes of any Business;
“Dog”	means a Dog owned by You for which We agree to provide any Services for a Dog walking Session;
“Dog walking Session”	means a period of time commencing when We arrive at Your Premises to begin the Services and ending when We leave Your Premises when We have completed the Services, and where the context admits, it also means the Services to be provided during that period;
“Price List”	means Our standard price list for all Dog walking Sessions which is available from Website, By Email or at Our Premises;
“Professional Dog Walkers’ Guidelines”	means the best practice guide published by the Pet Industry Federation (and endorsed by the Dogs Trust, RSPCA, the Canine & Feline Sector Group and the Pet Industry Federation) prepared in the best interests of animal welfare and to assist those involved with professional dog walking;
“Registration Form”	means the registration form that We provide to You for You to apply to register with Us;
“Regulations”	means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Services”	means the provision of a dog walking service for the period of a Dog walking Session and the services, facilities, equipment, goods and materials, if any, which we provide/use in connection with and during that Dog walking Session, as detailed in Clause 8, together with in relation to that Dog walking Session, any incidental or

 

 

	other services agreed with You or any services reasonably necessitated by any of the circumstances contemplated by these Terms and Conditions or any other services reasonably necessitated by any incident or problem arising during that Dog walking Session;
“We/Us/Our”	means the company whose name is set out above and whose place of business and contact address is set out above and includes any dog walker engaged by Us where the context requires or permits;
“You/Your”	means an individual Consumer client to whom We agree to provide any Dog walking Session for the Dog; and
“Your Premises”	means the premises (usually Your home) which We agree with You will be the start point to begin any Services for You.

Unless the context otherwise requires, each reference in this document to:

“these Terms and Conditions” is a reference to these Terms and Conditions; and

a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;

The Schedules to these Terms and Conditions and the contents of the Schedules form part of these Terms and Conditions as if set out in the main body of these Terms and Conditions;

The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;

Words signifying the singular number shall include the plural and vice versa; and

References to any gender shall include any other gender.

Registration

In order to be provided with any Dog walking Session You first have to register with Us and You may apply to register by completing the Registration Form.

The details that You provide and confirm in the Registration Form must be complete and correct, including Your confirmation that You are 18 or over and a “Consumer”, and that You agree to these Terms and Conditions.

You may book a Dog walking Session [in writing] only once We have confirmed to You Our acceptance of Your application to register. Our acceptance of Your application means that You may then (but not otherwise) book a Dog walking Session. Our decision whether or not to accept Your application is in Our absolute discretion.

When We confirm [in writing] that We accept Your application there will be an agreement between You and Us that when We then accept any request by You to book any Dog walking Session, that Dog walking Session will be on and subject to these Terms and Conditions. However, that agreement will not give rise to any obligations upon either You or Us; You and We will only incur obligations under any contract for a Dog walking Session.

A contract for any Dog walking Session(s) will arise when (and only when) pursuant to and subject to Clause 3 You request a booking of such Dog walking Session(s) and We accept that booking request.

 

Booking and Cancellation of Dog Walking Sessions, and Consumer Rights

You must be 18 or over and a “Consumer” to book any Dog walking Session.

A time/date slot for a Dog walking Session is subject to availability. We will not reserve or guarantee any particular time/date slot for any Dog walking Session until You book and pay in advance for it and We accept the booking pursuant and subject to sub-Clause 3.7.

You may book a Dog walking Session in person, by email, by phone or through Our website or Our online booking system as a single Dog walking Session or as part of any available package of Dog walking Sessions.

We will only provide a Dog walking Session to You if You have pre-booked and paid in advance for it and We have accepted the booking.

When you book and pay for any Dog walking Session which is not part of a package, You must book (or, as set out in sub-Clause 3.10 below, rebook to replace any booked Dog walking Session cancelled) for a date which is no more than 4 weeks after the date when You make and pay for that booking or rebooking. A Dog walking Session not booked (or rebooked) and taken within that period will be lost and, unless You cancel it and are entitled to a refund under these Terms and Conditions in that case, We will not refund any payment You have made for it.

If You pay for any package of Dog walking Sessions, but You do not at the same time book the dates for all of the Dog walking Sessions included in the package, You should then ensure that You book dates for all of the package which falls within the 12 week period after the date when You pay for the whole package. Any Dog walking Sessions paid for as part of a package but not booked for dates falling within that 4 week period cannot be taken and will be lost, and We will not refund any payment You have made for them. Where You pay for a package but do not at the same time book the dates for all of the package, We will use all reasonable endeavours to agree all dates that You subsequently request for it which fall within the said 12 week period.

Your request to book a Dog walking Session or a package of Dog walking Sessions will be Your offer to make that booking or package on the basis of the contents of the completed Registration Form and these Terms and Conditions. Whether We accept any such booking will be for Us to decide in Our discretion whenever You make such an offer. Only if and when We tell You that We accept Your request to book a particular Dog walking Session or package and You have paid for it will there be a booking (on these Terms and Conditions) which is a legally binding contract between You and Us for that Dog walking Session package.If You wish to purchase a package of 40 or more Dog walking Sessions and You pay for that package, and in Our discretion We accept that purchase, Our contract with You will be for all of the Dog walking Sessions within that package which You then or later book.

When You book any Dog walking Session(s) or package, We will require You to pay Us in advance for it/them, and We will be entitled to keep some or all of that payment as set out in sub-Clauses 3.10 or 3.11 below if You later cancel a Dog walking Session without giving Us the prior notice that We require to be given as explained in the following provisions of this Clause 3.

If, when We arrive on time to collect the Dog for any Dog walking Session, We cannot collect it and begin the Services immediately due to a delay not attributable to Us, We will not extend the length of the Dog walking Session beyond its scheduled finishing time unless We specifically agree to do so after We arrive but before We begin the Services. We may treat a Dog walking Session that You have booked as cancelled by You without notice to Us if there is such a delay of more than 15 minutes after the scheduled start of the Dog walking Session or You tell Us at any time that the Dog cannot be collected for any reason either until more than 15 minutes after the scheduled start, or not collected at all for the Dog walking Session. If We treat the Dog walking Session as cancelled in any such case, We may then (but We are not obliged to) give Your time/date slot for it to any other client wishing to book that time and date slot. We may decide to make a charge to You for that cancelled Dog walking Session, and sub-Clause 3.11 below will then apply.

You may cancel a Dog walking Session without charge if You give Us at least 48 hours prior notice of the cancellation. If You do so We will refund to You any sum You paid in advance unless when You cancel You ask instead to rebook for a later, substitute, Dog walking Session and if We then in our discretion accept that substitute booking. If however the Dog walking Session was paid for as part of a package, We will not refund You any sum for it but You may rebook it under this sub-Clause 3.10 for a date falling within the 12 week period after the date when You booked the package.

If You do not give Us at least 48 hours prior notice of cancellation of a Dog walking Session, We will be entitled to charge You for any net financial loss that We suffer due to Your cancellation but that charge will be limited to an amount equal to the full price of that Dog walking Session (i.e. the price paid for it where it was an stand-alone session , or, instead where it was booked as part of a package, the amount that You would have paid for it had You booked it as a stand alone session and not as part of a package). We will be entitled to deduct that charge from any sum You paid in advance for , as the case may be, that Dog walking Session or the package, and We shall refund any balance to You.

If You do not give Us at least 48 hours prior notice of cancellation of a Dog walking Session, We will be entitled to charge You for any net financial loss that We suffer due to Your cancellation but that charge will be limited to:

3.11.1 100% of the Full Price of that Dog walking Session where that prior notice is less than 12 hours;

3.11.2 75% of that Full Price where that prior notice is more than 12 hours but less than 24 hours; and

3.11.3 50% of that Full Price where that prior notice is more than 24 hours but less than 48 hours.

For this purpose the “Full Price” means the actual price paid where the Dog walking Session was booked as a single session , or, where it was booked as part of a package it means the amount that You would have paid for it had You booked it as a single session and not as part of a package. We will be entitled to deduct that charge from any sum You paid in advance for , as the case may be, that Dog walking Session or the package, and We shall refund any balance to You.

If, due to exceptional circumstances including, but not limited to, illness or accident suffered by the Dog, You cancel a Dog walking Session without giving Us at least 24 hours prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under the above provisions of this Clause 3.

We may cancel a Dog walking Session at any time before the time and date of that Dog walking Session in the following circumstances:

The dog walker allocated by Us to the Dog walking Session is not available, being a person providing the Dog walking Session who is:

3.13.1.1 Us acting as a self-employed individual; or

3.13.1.2 an individual engaged by Us with Your approval at the time of booking to provide the Dog walking Session on Our behalf;

where the allocated dog walker is not available and an alternative person is available to provide the Dog walking Session on our behalf but You do not approve Our proposal to engage that person;

an event described in Clause 9 below occurs and continues for more than 4 weeks; or

We find that you are not a “Consumer” (as defined in Clause 1 above).

If We cancel a Dog walking Session in such circumstances We will refund to You in full the payment that You have made to Us for that Dog walking Session unless it was paid for as part of a package in which case the following will apply instead.

Where it was part of a package, We will not make a refund but You may rebook that cancelled Dog walking Session (without further payment) for another date falling within the 12 week period after the date when You paid for the package, or if that period ends less than 8 weeks after the date of the cancelled Dog walking Session and You prefer to have a refund instead of rebooking We will refund You the price for that cancelled Dog walking Session that You would have paid for it if it had been booked and paid for as a single stand-alone session.

We will use all reasonable endeavours to start the Dog walking Session You have booked at its scheduled start time, but the start may be delayed by overrun of a previous Dog walking Session or by other circumstances. If a delay to the start is at least 15 minutes, or, if at any time before or after You arrive for a Dog walking Session We notify You that there will be a delay of at least that time, You may cancel the Dog walking Session and We will refund to You in full the payment that You have made to Us for that Dog walking Session unless it was paid for as part of a package in which case the final paragraph of sub-Clause 3.13 (as to rebooking of, or refund for, a cancelled session) will also apply to cancellation under this sub-Clause 3.14.

Dog walking Sessions and prices and dog walkers available to be allocated to Dog walking Sessions are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.

We may immediately terminate a Dog walking Session if:

anything occurs which amounts to Your material breach of these Terms and Conditions; or

the Dog becomes aggressive or dangerous or otherwise poses a threat to the health or safety of the dog walker, any other dog or other animal or any member of the public.

You will not be entitled to any refund for a Dog walking Session started but not completed in such a case.

If at that time You have paid for any Dog walking Sessions as a package but have not yet booked and/or made use of one or more of such Dog walking Sessions, We may cancel those Dog walking Sessions not yet booked and/or used by telling You at the time of that cancellation and in that case We will refund You for the number of Dog walking Sessions in the package cancelled and the refund will be for the number of package Dog walking Sessions not taken pro rata to the total Dog walking Sessions in the package as a proportion of the price paid for the whole package.

Where the contract We make with You is not made on business premises (as “business premises” is defined in the Regulations), the Regulations give You the rights set out in this sub-Clause 3.17, and they will be in addition to the rights given to You by the above provisions of this Clause 3. You may for any reason cancel a booked Dog walking Session during the 14 day period after We accept that booking, but if the booking includes any Dog walking Session on a date which is before the end of that 14 day period, and if You have expressly requested Us to provide any such Dog walking Session in that 14 day period and We do so, You may not cancel that requested Dog walking Session and You must pay for it in accordance with Clause 4, and You may only cancel any other Dog walking Session covered by that booking.

If You request that Your booking be cancelled, You must confirm this in any way convenient to You. You may use the Model Cancellation Form set out in the Schedule, but You do not have to.

If You cancel as allowed by this sub-Clause 3.17, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the Dog walking Session(s) covered by that booking that We have provided.

For this purpose, where any one or more Dog walking Sessions has been paid for as part of a package, then You may cancel such Dog walking Session(s) (either booked for any date(s) after that 14 day period or not yet booked), and We will refund for each such cancelled Dog walking Session the total package price amount paid divided by the total number of Dog walking Sessions in that package.

Fees, Expenses and Payment

You must pay in accordance with Our Price List for all Dog walking Sessions that We fully and correctly provide to You.

You may pay Us for Dog walking Sessions using any of the following methods:

Credit/Debit Card By Phone or Using Our Online Booking System;

Cash, Paid at the Dog walking Session;

Gift Voucher, Redeemed at the Dog walking Session; or

Bank Transfer.

We may alter Our prices without prior notice, but if the price of any Dog walking Session increases between the time when You book it and the date of the Dog walking Session, the price increase will not apply to You for the Dog walking Session on that date.

All prices of Dog walking Sessions shown in the Price List are inclusive of any Value Added Tax chargeable.

Where We properly incur any veterinary fees under Clause 6, You will be responsible for them and will either discharge or reimburse them to Us in full on request. We will for this purpose provide You with relevant invoices and/or receipts.

Where We properly incur any cost or expense to provide any items that You are required by sub-Clause 6.1.4 or sub-Clause 6.7.6 to provide which You have failed to provide, You must reimburse Us promptly in full for that cost or expense on request. We will for this purpose provide You with relevant invoices and/or receipts.

Eligibility to receive a Dog walking Session

We only make any Dog walking Session available to a “Consumer” (as defined in Clause 1 above). Your completion of a Registration Form will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to be provided with any Dog walking Session. If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your registration forthwith by giving You a cancellation notice and You will not then be entitled to be provided with any further Dog walking Sessions. If at the time of such cancellation You have paid for Dog walking Sessions as a package but have not yet used one or more such Dog walking Sessions, We will refund You for those Dog walking Sessions not yet used and the refund will be for the number of package Dog walking Sessions not used pro rata to the total number of Dog walking Sessions in the package as a proportion of the price paid for the whole package.

We will not accept Your application to register or make any Dog walking Session available for You unless You are aged 18 or over. We may require evidence of Your age for that purpose.

Health, Safety, Welfare, Legal Requirements etc.

For the purpose of any Dog walking Session You must:

at all times up to the time of that Dog walking Session, comply with all Health & Safety Rules;

where for any reason You have not complied with any Health & Safety Rules, disclose to Us any such non-compliance not less than 24 hours and not more than 72 hours before the scheduled time of that Dog walking Session;

when You request a booking for that Dog walking Session, and also not less than 48 hours and not more than 72 hours before that Dog walking Session, ascertain and disclose to Us all Disclosable Health & Safety

Information;

provide a suitable collar, leash, harness, coat, muzzle, as necessary or as requested by Us when You make a booking, and you must also provide a suitable type and quantity of food; ensure that, at the commencement of each Dog walking Session and in compliance with the relevant law, the Dog is wearing a collar with Your name and address inscribed on it or a plate or badge attached to it; and ensure that in compliance with the relevant law the Dog is microchipped and its details registered on an authorised database.

After You disclose it to Us, We will discuss with You the Disclosable Health & Safety Information and any non-compliance with any of the Health & Safety Rules which You disclose to Us, and We will inform You if We decide not to accept Your booking for that reason. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the disclosed Health & Safety Information or the disclosed non-compliance with Health & Safety Rules.

If You before a Dog walking Session do not disclose to Us any Disclosable Health & Safety Information or any non-compliance with any of the Health & Safety Rules, and We then discover such undisclosed Disclosable Health & Safety Information or undisclosed non-compliance with Health & Safety Rules, We will be entitled not to provide some or all of that Dog walking Session or any other Dog walking Sessions and to treat any such Dog walking Sessions (or the affected part of it/them) as cancelled by You without notice, in which case We may make a charge to You for that cancelled Dog walking Session (or part of it) as set out in sub-Clause 3.11 above.

If that Dog walking Session is part of a package, We may also cancel any other remaining Dog walking Sessions in the package and in that case We will refund You for each of the remaining Dog walking Sessions that We cancel an amount equal to the total package price divided by the total number of Dog walking Sessions in the total package.

In any case where We properly consider that We should contact a veterinary surgeon to ensure the health and safety of the Dog, We will, except in an emergency where We consider that urgency renders it impracticable or unsafe to do so, endeavour to contact You before We do so to discuss the matter with You. If We are unable to contact You at all or within a reasonable time, We will be entitled to contact and engage a veterinary surgeon without having spoken to You about the matter.

The veterinary surgeon that We engage in any case will only be the veterinary surgeon whose name and contact details You have given to Us except that where You have not given Us any such details for any reason or We are not able to contact that veterinary surgeon within a reasonable time, We will be entitled to contact and engage any other veterinary surgeon.

The “Disclosable Health & Safety Information” is all of the following information:

any medical, health, fitness, characteristic or behavioural issue (including anti-social behaviour or aggression), incontinence, lack of house training, excessive loud barking or whining, anxiety, sensitivity to loud noises, allergies, or special need relating to the Dog which, if not dealt with properly, is or might be a risk to the health, safety or welfare of the Dog, or to any other dog walked by Us, or to Our dog walker or to any member of the public or other dog or other animal during a Dog walking Session; breed, age and sex of the Dog; and

where sub-Clause 6.7.6 applies, details of the items, actions, and instructions referred to in that sub-Clause.

The “Health & Safety Rules” are all of the following:

You must not request a booking for a Dog walking Session or permit a Dog walking Session to begin unless all Your warranties set out in Clause 7 about the Dog are true;

You must ensure that by the time of the Dog walking Session the Dog is up to date with its vaccinations (as recommended by the British Veterinary Association), and within fourteen days before Dog walking Session it has received flea and tick treatments and de-wormer treatments;

You must provide Us with a contact phone number for You to use at any time during a Dog walking Session and the phone number of a trusted third party that We can use in an emergency if unable to make contact with You at that time;

You authorise Us and accept that We may make decisions regarding the Dog’s health and safety provided that We at all times act in the best interests of the Dog and that We take and act on the advice of a veterinary surgeon where in an emergency it is prudent to seek and receive medical advice in order that We can safeguard the Dog’s health or safety;

We must engage a veterinary surgeon to provide any advice or treatment as anticipated by this Clause 6, whether or not in the circumstances We are also permitted or required by these Terms and Conditions to take any other step(s);

if, in relation to a Dog walking Session, to ensure the health or safety of the Dog it will be necessary for the Dog to be given any medication or any other act is required or any particular equipment or other item needs to be used, You must provide Us before that Dog walking Session with whatever medication, equipment or other item is needed for that purpose together with appropriate instructions; and

You must at the time of each booking of a package of Dog walking Session(s) provide Us with the name, address and phone number of Your nominated veterinary surgeon.

Where You discharge or reimburse Us with any veterinary fees that We incur under this Clause 6, We will refund you with such of those fees, if any, which We are subsequently able to recover under Our insurance (as to which see sub-Clause 8.14).

Your Warranties

You warrant and undertake to Us on booking and up to the start of each Dog walking Session that the Dog:

does not scratch, chew or bite, other than in relation to food; has never attacked a human or another dog;

has never been used as a guard dog, police dog, for hunting or for any purpose whereby it would be trained to attack;

is not suffering from any illness which may be transmitted to or cause ill health to humans or other animals; and

has been microchipped and its details registered on an authorised database, in compliance with the relevant law.

If We discover at any time that any of the warranties or undertakings in sub-Clause 7.1 are not true, We may, in addition to any other right or remedy that We may have in the circumstances, cancel any and all Dog walking Sessions booked by You for the Dog.

The Services

We will provide You with the Services on and subject to the following provisions and all other provisions of the Terms and Conditions:

We will walk the Dog and provide all other services incidental thereto in an attentive, reliable and caring manner;

During any Dog walking Session, We will walk the Dog either alone or in a group of dogs unless We have agreed with You to provide that Dog walking Session for the Dog on its own in which case, We will only walk it on its own. Where We walk the Dog in a group, the group will in no event exceed 8 or, where Our insurance policy or any applicable laws or regulations only permit a fewer number, the group will not exceed that number;

We will provide a scooper and waste bags and will remove the Dog’s faeces, if any, which it expels in any public place. We will ensure that waste bags are properly disposed of in suitable dustbins;

We will use the following items made available by You as necessary, suitable and/or as requested by Us: collar, leash, harness, coat, muzzle and We will also feed the Dog using the food that You provide to Us for the purpose;

We will notify You of any occurrence relating to the Dog which may be relevant to the care and well-being of the Dog;

During each Dog walking Session, We will take all steps, which are appropriate and necessary having regard to Our proper responsibilities as the provider of the Services. Such steps will include:

action reasonably necessary in the interests of the health and safety of:

the Dog;

other dogs walked by Us at the same time as We walk the Dog;

members of the public; and

other animals encountered during a Dog walking Session; and

action reasonably necessary to prevent or curtail any nuisance caused by the Dog to:

members of the public; and

other animals encountered during a Dog walking Session;

We will only allow the Dog to be off its leash if You have given permission, and in any event, We will do so only subject to any limitations that You impose, e.g. the particular places or types of place where You permit Us to allow the Dog to be off leash, and only if it can be called back to the dog walker reliably and immediately;

We will not in any circumstances allow the Dog to be off its leash on a public highway even if You have given permission to do so;

We will ensure that the dog walker:

keeps with him/her a first aid kit designed for dogs; and is trained in canine first aid;

Where We carry out any part of a Dog walking Session in a location governed by any regulations limiting dog walking to groups not exceeding a certain number, We will comply with such restrictions. We will not carry out any part of a Dog walking Session in a location where dog walking of even only one dog is prohibited;

We undertake to conform to the Professional Dog Walkers’ Guidelines, as and to the extent applicable to Us as dog walkers. In particular, but without limiting that general undertaking, We will discharge Our responsibilities under the Animal Welfare Act 2006 and other relevant legislation applicable to dog walkers;

We will only carry out those duties and supply those services and facilities which these Terms and Conditions expressly provide for or contemplate;

We will ensure that We hold any dog walking licences needed to conduct any Dog walking Session;

We hold and will maintain appropriate insurance covering third party liability and the Dog while it is in Our custody, as follows:

5 M

Our insurance cover does not cover emergency veterinary fees.

Our dog walker[s] are suitably trained and has attained the CPD Level 2 Certificate of Competence in Dog Walking.

Events beyond our reasonable control

We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control.

If any event described under sub-Clause 9.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of a Dog walking Session[s] as necessary. You may, without liability to Us, cancel any Dog walking Session[s] which does not take place due to that event, and We will refund in full the advance payment that You have made to Us for the cancelled Dog walking Session[s]. Where a cancelled Dog walking Session is part of a package, We will refund You for each such Dog walking Session an amount equal to the total price for the package divided by the total number of Sessions in the package.

Limitation of Liability

We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.

We provide or sell all Services to You only for Your personal and private use/purposes. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

We will not be liable for any occurrence or circumstance:

in which the Dog contracts an illness or sustains injury or death; or

caused by the Dog,

provided that the occurrence or circumstance is not attributable to any negligence on Our part. Where, with Your prior consent and in accordance with any limitations You impose on Your consent, We allow the Dog to be unsupervised and have off leash access to the outdoors, that will not of itself be deemed to be negligent unless in the circumstances the particular occurrence or circumstance is reasonably foreseeable. This sub-Clause 10.3 is subject to sub-Clause 10.4.

Our total liability in connection with any particular contract for Services for any loss or damage caused as a result of Our negligence or breach of these Terms and Conditions by Us is limited to £5,000.00

Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or subcontractors) or for fraud or fraudulent misrepresentation.

Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

the Consumer Rights Act 2015;

the Regulations;

the Consumer Protection Act 1987; or

any other consumer protection legislation

as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

Changes to Terms and Conditions

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

How We use Your Personal Information (Data Protection)

We will only use Your personal information as set out in Our Privacy Notice at Part 3 of the Schedule available from www.pawsomecompanions.co.uk/privacy-policy/ 

Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your registration and/or make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to register and/or make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

Information

As required by the Regulations:

all of the information described in Clause 13; and

any other information which We give to You about any Dog walking Sessions or Ourselves and Our business which You take into account when deciding to make a booking or when making any other decision about Dog walking Sessions;

will be part of the terms of Our contract with You as a Consumer.

Complaints

We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your experience as Our client is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Dog walking Sessions or any other complaint about Us, please raise the matter with Matthew Pooley who can be contacted by email matthew.pooley@pawsomecompaions.co.uk and telephone +447777791542

No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

Law and Jurisdiction

These Terms and Conditions, each booking contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.

Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, any booking contract , or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by Your residency.