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
- on the Company website; and
- at Appletree reception.
(3) Check-in means the date on which the Customer delivers their Pet/s to Appletree.
(4) Check-out means the day on which the Customer collects their Pet/s from Appletree.
(5) Company means Simnich Pty Ltd ABN 30932652450, being the owner of Appletree.
(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) Appletree means “Appletree Park Boarding Kennels and Equestrian Centre” located at 131 Gayfer Road VICTORIA 3683;
(12) Tax Invoice has the same meaning as in the GST Act
2.1 The Company provides pet boarding services from the premises known as Appletree.
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.
- 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 provided by the Customer in relation to all Pets as a condition of stay prior to Check-in.
3.2 The Customer warrants that their Pet will be delivered to Appletree 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.
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.
3.4 In the event that a Pet becomes ill or injured during their stay at Appletree, the Company will use its best endeavours to contact the Customer as soon as possible after becoming aware of the illness or injury.
3.5 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.
3.6 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 against all such loss or expenses.
3.7 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.
4.1 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 collection of their Pet/s.
4.2 Payments by electronic funds transfer shall not be deemed paid until the Company has received cleared funds in full.
4.3 Methods of payment accepted by the Company include cash, debit card, Visa and Mastercard
4.4 Christmas, New Year and Easter bookings require a $100 deposit within the date specified in the email containing the deposit details or the booking will be cancelled without notice.
4.5 Payment of the deposit is confirmation that the Customer agrees to and accepts the terms and conditions for bookings made during that time. These terms and conditions are displayed on the website and also in the email sent to the Customer when seeking the deposit. Once the deposit is paid the dates are confirmed and there are no refunds for late arrivals or early departures during this period.
4.6 Cancellation of a Christmas, New Year or Easter booking will forfeit the deposit paid, irrelevant of the date cancelled. No exceptions other than at Management’s discretion.
4.7 The Customer also agrees to pay for the booking in full if less than 15 days notice is given to cancel a booking for Easter, Christmas or New Year peak periods.
4.8 For all bookings that are not in a peak period that are cancelled providing less than 48 hours before their expected check in date, the Customer agrees to pay a $50 cancellation fee for the late notice.
4.9 Methods of payment accepted by the Company include cash, debit card, Visa and Mastercard.
- 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 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.
- 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.
- LIMITATION OF WARRANTY AND EXCLUSION OF LIABILITY
7.1 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.
7.2 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.
8.1 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.
8.2 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.
- GOVERNING LAW AND JURISDICTION
9.1 The laws of the Victoria govern this Agreement and the Parties submit to the exclusive jurisdiction of the courts of the Victoria.
10.1 If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force.
- ENTIRE UNDERSTANDING
11.1 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.
11.2 Each Party has entered into this Agreement without relying on any representation by any other Party or any person purporting to represent that Party.
12.1 A Party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
12.2 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.
12.3 A waiver is not effective unless it is in writing.
12.4 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.
13.1 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.