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Terms and Conditions

Definitions:

“Barking Mad”

Is the Barking Mad franchisee or his employee(s) from whom You obtain an Estimate and/or authorises to carry out the Service(s);  

“Barking Mad Limited”

Is the corporate head office of the Barking Mad network;

“Booking Date” 

Is as detailed in paragraph 3;

“Cancellation Rights” 

Is as detailed in paragraph 4;

“Collection Day”

Is the first day the Service(s) are provided; 

“Order”

Is as detailed in paragraph 1;

“Host”

Is any individual(s) appointed to provide the Service(s) on behalf of Barking Mad; 

“Payment”

Is as detailed in paragraph 9;

“Pet”

Is the dog(s) or other pet(s) as specified in the Order; 

“Pet Schedule”

Is the schedule and inventory completed by Barking Mad and based on the information provided by the You, as agreed before the Order is confirmed, including but not limited to feeding, exercise, medication requirements; 

“Return Day”

Is the last day the Service(s) are provided; 

“Service(s)”

Is the provision of pet care services as detailed in the Order.

“Term”

Is from the Collection Day to the Return Day inclusive. 

“You” / “Your”

Is the customer who is a private individual; 

 

Unless the context clearly indicates another intention, a reference to any gender includes other genders and the singular includes the plural and vice versa;

The contract to carry provide Service(s) detailed on an Order is between You and Barking Mad: no term hereof shall be enforceable by a third party (as defined in the Contracts (Rights of Third Parties) Act 1999 (under the provisions of the Act).

  1. Order 

Any Order provided by Barking Mad prior to the provision of the Service(s) is indicative only and subject to revision if additional Services are required. The Order, or revised Order, will be an offer to carry out the Service(s) at the cost stated. Your agreement to proceed with the Service(s) constitutes acceptance of that offer and forms a binding legal contract incorporating these Terms of Business. 

You must ensure that the Order is complete and accurate. If You discover that there is a mistake with the Order please contact Barking Mad immediately and Barking Mad will use its reasonable endeavours to take into account such changes (but cannot guarantee that it will do so).

If Barking Mad is unable to accept Your Order, Barking Mad will inform You of this in writing.

  1. Warranties 

You warrant that:

  1. There are no undisclosed behavioural problems (including but not limited to issues around children or other animals);
  2. The Pet does not scratch, chew or bite (other than in relation to food); 
  3. The Pet has never attacked or bitten any individual or another pet or dog;
  4. The Pet, if a dog, has never been used as a guard dog, police dog, or for hunting purposes;
  5. The Pet, if a dog, is not a dangerous or banded breed, or cross-breed thereof; 
  6. The Pet is not suffering from an undisclosed illness, or has any illness which may be transmitted to or cause ill-health to any individual or animal; 
  7. The Pet, if a female, is not pregnant;
  8. The Pet is fully vaccinated as recommended by the British Veterinary Association and has been treated against fleas and worms within fourteen days of the Collection Day; 

You agree to indemnify Barking Mad from any and all direct, indirect or consequential loss, liabilities, injuries, damages, claims, demands, proceedings or legal costs and judgements which Barking Mad or the Host suffers as a consequence of any breach of this clause 2. 

Barking Mad warrants that the Service(s) will be carried out with reasonable care and skill. Barking Mad does not exclude its liability (if any) for personal injury or the death of an individual resulting from Barking Mad’s negligence, fraud or fraudulent misrepresentation. 

Barking Mad is not liable for business losses: Service(s) are supplied only for domestic and private purposes. 

  1. Booking Date 

Shall be the date on which Barking Mad confirms the arrangements of the Order, including the cost, date, time and location for the Service(s) to be provided. 

  1. Cancellation rights

You shall have the right to cancel this contract and this right may be exercised by delivering, or sending by email to Barking Mad at any time within fourteen (14) days of the Booking Date. This notice of cancellation will be deemed to have been served as soon as it is posted or, in the case of an email, from the day it has been sent or the next following working day if it is sent at a weekend or bank holiday. An example cancellation is set out in Schedule 1 below. 

Any cancellation made after fourteen days of the Booking date: payment of any deposit or final balance received by Barking Mad will be held as a credit for the next Order, alternatively: 

If the Order is cancelled between 42 and 15 days prior to the Collection Day (as set out in the Order) Barking Mad will retain 25% of the value of the booking and refund the difference; or    

If the Order is cancelled between 14 and 8 days prior to the Collection Day (as set out in the Order) Barking Mad will retain 50% of the value of the booking and refund the difference; or

If the Order is cancelled 7 days or fewer prior to the Collection Day (as set out in the Order) Barking Mad will retain 100% of the value of the booking with no refund. 

  1. Work starting before end of cancellation period 

If you authorise Barking Mad to commence with the provision of the Services within fourteen (14) days of the Booking Date, you still have the right to cancel this contract, but you must pay for the value of the Service(s) as above. 

If the Service(s) have been completed, in full within fourteen (14) days of the Booking Date, the right to cancel will be lost and the full payment will be due to or will be retained by Barking Mad. 

  1. Service(s)

Newly registered dogs must have a successful trial stay before a holiday booking can be accepted. 

Trial stays or holiday bookings cannot be accepted without the provision of two emergency contracts: the emergency contacts provided must be authorised to make decisions relating to vet treatment, authorisation of payments, and taking charge of the pet if the services can no longer be carried out for any reason.  

The Service(s) will be provided at a location agreed with You. Barking Mad reserves the right to decide, in its sole discretion, upon the suitability of the location and will not be obliged to provide the Service(s) if either the location is not safe or suitable. Barking Mad will not accept any liability for costs or inconvenience incurred by You as a result.

If, for any reason, including but not limited to inclement weather, Barking Mad is unable to carry out the Service(s) at the time, date or location agreed, Barking Mad will not accept any liability for costs or inconvenience incurred by You as a result. Barking Mad will make an offer to provide the Service(s) at the Cost agreed at an alternative time and date convenient to both parties. 

Barking Mad undertakes to carry out the Service(s) detailed in the Order at the cost agreed with You, subject to paragraph 1 above. Where possible, Your authorisation and agreement will be obtained before any further Services are carried out that would increase the price agreed, however, there may be occasions where this is not possible, (including but limited to time differences). Additional Service(s) that do not increase the Order may be carried out without the requirement for Your authorisation. 

  1. Revision to the Order  

Barking Mad reserves the right, in its absolute discretion, to revise the Order if:

  1. An alternative Host is required for any reason;
  2. It is necessary to remove a Pet from a Host and place it in such kennels or alternative accommodation (which will be at the Your cost); 
  3. If the pet shows any signs of aggression or it behaves in any way which des not conform with the Pet Schedule the Service(s) will be automatically cancelled and we will return the Pet to You or one of Your emergency contact at the Your cost. There will be no refund of any fee paid for the Service(s); 
  4. It is necessary to consult a veterinary surgeon regarding the health of any Pet as is considered necessary (which will be at Your cost);
  5. The Term is extended for any reason;
  6. Additional Service(s) are provided during the Term;
  7. You are in breach of clause 2 above. 
  1. In case of complaint 

In the unlikely event that You have cause to complain about the quality of the Service(s) provided, You must produce a copy of the invoice. It is a condition precedent to You being able to claim that such paperwork is produced to Barking Mad. Statutory rights are not affected. It is incumbent on You to keep the invoice and receipt as proof of work carried out. No claim shall be considered by Barking Mad or Barking Mad Ltd without the appropriate paperwork. 

Any claim made shall be referred to the Barking Mad franchisee that provided the Service(s), who has the right to repeat performance: to carry out the Service(s) again. If this is not possible, the right to a price reduction (which is not necessarily the full invoice value) will be considered by Barking Mad. 

If Barking Mad for any reason cannot carry out the Service(s) again and are unable to reach an agreement for a price reduction, the claim should then be referred to Barking Mad Ltd. Any such claim will then be considered by Barking Mad Ltd, as above, upon the provision of appropriate paperwork (including copy invoice(s) and/or proof of payment (i.e. copy bank statement or evidence of payment by cheque), photographs and all correspondence with Barking Mad regarding the complaint). 

Claims will not be considered valid if they relate to the following:

  1. Your breach of clause 2 above; 
  2. Any necessary revision of the Order subject to clause 7 above; 

Any refund or liability shall be limited to the maximum of the value indicated for the Service(s) on the Invoice. 

If the claim remains unresolved, You may refer their complaint to the Ombudsman Services (OS) for their consideration under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, at http://www.ombudsman-services.org/ Barking Mad Ltd will not be obliged to participate in the ADR process if:

  1. the claim has been settled; or
  2. the claim does not fall within the rules of the OS procedure; or
  3. You have not submitted the complaint within six months of receiving a final decision from Barking Mad Ltd regarding the dispute; or
  4. the claim is vexatious or frivolous. 



  1. Payment

Payment for the Service(s) is as specified in the Order and is exclusive of the cost of any goods or services Barking Mad is required to purchase during the Term (including but not limited to food, veterinary bills, medication). 

Barking Mad will be entitled to increase the cost specified in the Order if there is a revision to the Order, as set out clause 6 or clause 7 above. 

Unless other arrangements have been agreed before the Service(s) is carried out, payment is due as set out in the Order, or as follows: 

50% of total value within seven (7) days of the Booking Date 

50% no less than seven (7) days before the Collection Day

Payment may be made by cheque, cash, debit or credit card or any other method agreed with Barking Mad. We regret we are unable to process payment by American Express.

Any refund must be made by the same means of payment as used to pay for the Service(s).

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Barking Mad Ltd, 5 Edwin Avenue, Hoo Farm Industrial Estate, Kidderminster, DY11 7RA
hello@barkingmad.uk.com