Kennel cancelled booking for dog ***Resolved***

[sparkeyrjp]

I think I know the answer , but

 

We booked our dog into boarding kennels for our holiday , starting Tuesday 16

 

Unfortunately about 2 weeks ago the dog picked up a parasite called giardia .this causes soft stools etc .

The vet gave us the treatment and said the dog “should “ be ok in time for the boarding .

A side effect of the treatment is that the dog has still has soft stools , similar the those when the parasite is present

 

We messaged the kennel Friday , explaining the situation , also topping up the final payment ,

It appears the kennel did not receive the message ,

 

we spoke yesterday ( Monday )

They were unsure as to whether the dog should be accepted .

over night they massaged us and cancelled the booking ,

we do have a plan “B” this involves our daughter moving  back home for a week .

 

Their T&Cs are quite tight , regarding cancelation by the client , But in this case they cancelled , have I got a hope of getting a refund , less , say , a admin charge , over £300 fees have been paid for 10 days boarding

We do have "Pet Plan" Insurance

Extract from T&Cs

 

 

“You agree that if you do not arrive on the start date of your booking, you will be liable for the full payment per day.

You agree that should you return from holiday early and decide to collect your dog before the end of your booking,

you will not be entitled to any refund of payment.

 

In the unlikely event of illness or other circumstances resulting in a reduced stay with us,

the total booking fee is still due and you will not be entitled to a refund or part refund.

 

You agree that if you cancel giving less than 14 days notice the total fee is due.

You agree that if you cancel your booking you will lose your full deposit.

If you bring less dogs than are booked, you are still responsible for the balance due. “

[honeybee13]

What does the Petplan policy say about cover for kennels in your circumstances, sparkey?

 

HB

[sparkeyrjp]

Holiday cancellation, £1500, but I need to call them to find out what cancellation is covered , as the policy doc is a one liner

Off to Vet now , and call Pet Plan during office hrs

[sparkeyrjp]

Spoken to Pet Plan , even they can’t give a definitive answer , all they could come up with , is to submit a claim and see what happens .

Meanwhile , I have messaged the Kennel asking for refund as it was them that had cancelled the booking  , I indicated I would accept an admin fee, suggesting 10%

 

BTW dog appears to be on the mend , have to submit stool samples next week

[Surfer01]

As the contract was cancelled by the kennels you should get a full refund without any admin charges being deducted  If they do charge an admin fee you are entitled to ask for a breakdown.

[ericsbrother]

Agree, they are the ones cancelling so that means the whole contract is void and you owe nothing.

 

Why on earth were you so forthcoming in demanding they charge you an admin fee?

they will now of course use that to try and keep as much money as they can when they by the lack of contract have no claim on any of the money.

 

If you wanted to be awkward you could bill them for the cost of making an alternative arrangement but considering it is a wider health issue just a full refund iswhat one would expect

[sparkeyrjp]

Re admin fee I was trying to be reasonable .

 

I have contacted the Kennels with bank details requesting a refund , and as you might expect , they think by saying “ at this time we will not be able to accept dog “ they are not cancelling .

 

I have told them this unacceptable , as their message also carried some inaccuracies as to how they were informed .

 

I have told them , as I am away ( the holiday the dog was to have been in kennels for ) I have no intention of entering into email ping pong until I return to the UK .

 

So updates in about 2 weeks time

Thanks so far

[sparkeyrjp]

Update on saga , bit longer that two weeks, taken time to get claims  etc sorted  

Submitted a claim to Petplan , total of around £700 , made up of vet fees and kennel fees

Paid out on vet fees , kennel fees “not covered “

After a long protracted argument , where they said

 “Holiday cancellation “ covers losses due a holiday being  cancelled because the animal is ill .not cancelled kennel fees , had I claimed for a cancelled holiday , it would have cost them over £3000 instead of £390

They say conditions regarding holiday cancellation  are explained in terms and condition , except the T&Cs we received make no mention of this ,

“Well you should have been sent  T&Cs with that explained “

I told them what we received , and so far as I was concerned , that was what I was working to , we agreed to disagree ,and the matter is now going forward as a formal complaint , followed by The FOS if not resolved

Still keeping action against Kennel as backstop

[sparkeyrjp]

Sorry but this contains a lage amount of text

This saga is still ongoing .

 

The insurance claim was in the first instance turned down by “Pet Plan” .

But due to being  sent the incorrect policy document , and my threat to take it further , they settled half of the claim for kennel fees .

So I still have the kennels to deal with , I am  still are of the opinion that they cancelled .

 

I have sent 3 emails requesting a refund of the remaining fees ,

I know the emails have been received ,

as in each case have had an automated response

,but no other reply.Have they got enough wriggle room , Is there any point in me starting proceedings in the CC

 

I have copied the full Ts&Cs below .

 

By enrolling a dog, paying a deposit or using our services, you are deemed to have accepted these Terms & Conditions and any alterations to our terms and conditions as we see fit.

We reserve the right to refuse entry to any dog.

 

All 50% deposits are due at the time of booking and are non-refundable.

Your booking can only be confirmed when both the deposit and the signed booking form have been received.

We are not able to keep bookings open for more than 7 days so bookings will be released if not received within this time.

 

Minimum stay periods apply during July/August/Christmas/Easter times and during peak seasons. Christmas Day/Boxing Day are charged at double rate. VAT is charged on all boarding bookings at a current rate of 20%

 

You agree that if you do not arrive on the start date of your booking, you will be liable for the full payment per day.

You agree that should you return from holiday early and decide to collect your dog before the end of your booking, you will not be entitled to any refund of payment.

 

In the unlikely event of illness or other circumstances resulting in a reduced stay with us, the total booking fee is still due and you will not be entitled to a refund or part refund.

 

You agree that if you cancel giving less than 14 days notice the total fee is due.

 

You agree that if you cancel your booking you will lose your full deposit.

 

If you bring less dogs than are booked, you are still responsible for the balance due.

 

Any dogs not collected within fourteen days of contracted departure date will become the property of Bed & Biscuits.

 

You will present the dog for boarding in a clean and groomed condition and with up to date vaccinations, de-flea and anti-worming treatments.

 

All dogs must be vaccinated against Distemper, Hepatitis, Leptospirosis & Canine Parvovirus at least 2 weeks before arrival.

Any dog arriving without proof of current vaccination will not be accepted.

 

We  reserve the right to refuse admission to any dog showing signs of ill health.( OUR DOG SHOWED NO SIGNS OF ILL HEALTH )

 

We do not accept bitches in season or due to be in season.

 

Male Dogs over the age of 6 months should be neutered if they wish to attend daycare and may be unable to continue to attend if their behaviour is unsuitable.

 

We do our best to ensure that dogs in our care are not exposed to any illness, but cannot accept responsibility for any ill health that becomes apparent during stays with us.

 

Under UK law, every dog must be microchipped.

 

Only dogs considered to be well socialised, who enjoy the company of other dogs and people, are suitable for joining Daycare

. Please note that not all dogs are suitable.

 

All dogs will be interviewed along with their owners before enrolling them.

Any dogs deemed not to be suitable for whatever reason will not be accepted.

 

Should your dog be deemed to be unsuitable after enrolment, we reserve the right to cancel the booking indefinitely with immediate effect.

 

We are unable to accept bookings for a dog subject to the terms of the Dangerous Dogs Act 1991 or any other dogs with aggression problems towards other dogs and/or people.

Your dog must be non-aggressive.

Should it show aggressive tendencies, become uncontrollable, destructive or unreasonable, you accept that he/she will be placed in

an alternative dog boarding kennel until your return and that this will be subject to a £50.00 transfer charge.

Your boarding fees will not be refunded.

 

If your dog bites a member of staff you agree to cover any costs incurred.

You agree to pay the cost of any damage caused by your dog .

 

If your dog is provided with a hammock style bed and this is damaged or destroyed, you agree to pay for a replacement.

Approx cost £40.

Likewise, if your dog causes damage to its room/environment (including armchair/sofa etc) you agree to pay in full for any repairs/replacements required.

 

No responsibility can be taken for owners bedding/toys left in our care.

 

Should your dog be deemed unsuitable to visit due to dangerous or inappropriate behaviour we reserve the right to cancel the booking indefinitely with immediate effect and no refund of deposits paid.

 

Our entrance policy is strict and we will not be deterred in ensuring the safety and security of dogs using our services by refusing to accept dogs for inappropriate behaviour even if they’ve used our services before.

 

You undertake to make full disclosure of any quality or characteristic which might make your dog not suitable for boarding, including, but not limited to behavioural or health problems, anti-social behaviour including aggression, incontinence/lack of housetraining or excessive loud barking/whining.

 

Failure on your part to disclose any matter which might render the dog unsuitable for boarding will be deemed a material omission amounting to a fundamental breach of this agreement.

 

You will also be liable for additional costs if we experience difficulties due to failure to disclose in the booking form any matter that would be accepted as reasonably unsuitable for boarding.

 

We will endeavour to give medicines as instructed, but are not responsible for any conditions relating to the illness or the dog not accepting the medicine/tablets.

 

You will need to supply any necessary dog food for the duration of the stay.

If the supplied food runs out, you agree, upon presentation of a receipt, to refund our costs of purchasing such food.

 

We reserve the right to alter your dogs diet if we feel it appropriate (ie: add additional food if needed or lessen the amount of feed if dog is sedentary or feeling under the weather).

 

You agree that your dog may mix with other dogs we deem suitable in exercise areas (if your dog is sociable) and give us permission for your dog to share accommodation for periods if required / applicable.

 

You agree that we have authority to crate your dog if there is sufficient reason for doing so.

 

You agree that if you instruct us to exercise your dog off the lead you accept full liability for any loss or damage caused as a result of your dog being off the lead.

 

In the event that your dog attacks a person or a dog or in the event that he/she is involved in a fight with another dog/person causing any damage or injury you agree to be responsible for any losses incurred including payment of veterinary fees or any medical treatment required.

 

You also agree that we will pass on your details to any parties injured as a result of actions from your dog.

 

If you have more than one dog with us sharing a room, we reserve the right to separate them should we decide to do so for any reason.

 

You agree that if you have a puppy, we can socialise your puppy with dogs whom we feel are appropriate, not necessarily dogs of the same size or age range.

 

Our environment includes equipment, objects and structures to enrich the dogs visits to us.

These include raised objects, grass, wood chip, logs, rocks and other surfaces that dogs may injure themselves on.

 

Although we endeavour to make these as safe as possible, there is a very small risk and you agree that we are not financially or otherwise liable for any injury, accident or sickness that occurs as a result of attending daycare/boarding with us.

 

Reasonable efforts will be made to contact you in the event of an emergency.

However, we reserve the right to make decisions regarding your dog’s health provided it is at all times acting in the best interests of the dog and on the advice of a veterinary surgeon.

 

If your dog becomes unwell, has an accident or injures himself/herself or seems to be in any type of pain, we might decide that we need to take him/her to a veterinary surgeon and you agree to be responsible for payment of all the veterinarian fees incurred.

 

You are responsible for any fees we may pay on your behalf to ensure care of your dog.

We will endeavour to make contact with your emergency contact, but this may not always be possible.

We will always try to take dogs to our local Vet of choice in the first instance.

Once an emergency contact is contacted by us, you agree that they are then jointly responsible for the care of your dog.

 

Dogs are boarded entirely at the owner’s own risk.

 

Your statutory rights are not affected.

 

We are fully licensed by XXXXXXXXXXXXXXfor dog boarding and daycare and we are also professionally insured.

 

You agree that if there was an emergency and we needed to evacuate our premises for any reason that your emergency contact will be contacted by ourselves and upon that contact will be responsible for collecting your dog and assuming responsibility for their care from that period forward rather than us arranging for your dog to be transported to another facility.

 

You agree that we are able to use photographs of your dog/s taken by ourselves on our property for advertising and promotion purposes and agree to their display on our social media pages.

We are under no obligation to do so or do so within a certain time frame.

 

[sparkeyrjp]

Please

[honeybee13]

Hi sparkey.

 

Please allow some time, that's a long read for people. When I'm on a computer I'll put some paragraphs into the terms to make it easier. I'll also flag this for the site team in case someone can help. 

 

Is there anything you've spotted that you think would be useful?

 

HB

[dx100uk]

try now

 

dx

 

[sparkeyrjp]

Thanks , i await your considered replies with interest , and hope !

Although having read and re read , The T&Cs appear heavly weighed in their favour

[honeybee13]

Thank you for the paragraphing, dx.

 

Sparkey, please try to help people to help you. You know the Ts and Cs better than anyone, what have you spotted?

 

HB

[dx100uk]

T&C's are not encased in law and can be questioned

else we'd have had no bank charges reclaiming nor PPI thus no CAG!!

[sparkeyrjp]

I feel the sticking point may be around the following paragraph

“We  reserve the right to refuse admission to any dog showing signs of ill health”( OUR DOG SHOWED NO SIGNS OF ILL HEALTH )

Outward signs that is

I did inform them that our dog HAD been infected and treated , and  the Vet said the dog should be ok .I doubt the vet would be willing  confirm this in writing though .

They seem to have decided that this was not good enough , and refused to accept her

BTW sorry about the lack of paragraphs , what I pasted was exactly as printed on the T&Cs , perhaps a rouse to make people skip through ?

[honeybee13]

I may have missed something, but do the kennel Ts and Cs cover them cancelling your booking at short notice?

 

I think dx and I are thinking along the same lines about whether the Ts and Cs are unfair.

 

What is the clause/s in the Payplan policy that would cover cancellation because of illness please?

 

HB

[sparkeyrjp]

The PetPlan policy covers holiday cancellation of the owners if  the dog is seriously ill and the owners have to cancel their holidays  .but not the dog

So had we cancelled , our hols , it would have cost Pet Plan £1500 ( the max amount of the cover )

[sparkeyrjp]

7 minutes ago, honeybee13 said:

I may have missed something, but do the kennel Ts and Cs cover them cancelling your booking at short notice?

 

I think dx and I are thinking along the same lines about whether the Ts and Cs are unfair.

 

What is the clause/s in the Payplan policy that would cover cancellation because of illness please?

 

HB

Not that I can see

[BankFodder]

In the event that the contract is cancelled by them then they would have to give you a complete refund. If the contract is cancelled/breached by you then they would be entitled to recover their administrative fees only. Any term of the contract which denies you a full refund is unenforceable under the unfair terms provisions of the Consumer Rights Act.

If you can get evidence that there was nothing wrong with the dog and that the kennels have overreacted then I would say that they are possibly in breach of contract in which case they would be obliged to give you a full refund and also you may well have a claim for any additional expenses that you have incurred as a result of their breach.

If you are unable to get satisfactory evidence as to this then your fallback position would be that you have breach the contract but in that event any term which requires that you pay them anything more than their administrative losses incurred as a result of your breach would be unenforceable. That means not only would it be unenforceable as to the amount of money in excess of the administrative expenses but in fact they wouldn't be entitled to apply any forfeiture at all because the entire term is unenforceable. There is no power in the act or in the courts to make an apportionment so that they recover their administrative expenses once it is established that the term is unenforceable.

So it now remains to ask – what you want to do about it? I suggest the first thing you do is approach the vet or some independent expert who is prepared to confirm to you that the treatment which your pooch received would have cleared up the condition by the time it was booked into the kennels and in fact that they have overreacted.

Then come back here.

You haven't told us the name of the kennels. Why not?

[sparkeyrjp]

Thanks for advice . I will follow up and come back .

I had not witheld the kennel name , Did not think it relevent

Bed and Biscuits , Swanley Kent

[sparkeyrjp]

It seems now the kennel thinks by ignoring me I will go away .

In my last email to I pointed out to them that their T&Cs were not in accordance with Consumer Rights , so in effect gave them a last chance , which has been ignored .

Next step is LBA

I have read the link regarding the regulations but would appreciate being pointed to the specific section , in order to progress to MCOL (registered user )to submit a claim .

Thanks for help so far “cheque in post”

PS vet will not get involved

[BankFodder]

Sorry but I don't understand much of what you have just posted.

The applicable rules are contained in the unfair terms section of the CRA. I think you could also argue that this is an unenforceable penalty at common law.

However, I really think that you need evidence that the dog was not a danger to other animals. It may well be that the kennels were justified in refusing to allow you to bring your dog there and I think you would need strong evidence to persuade the judge. I think a judge may well been in favour of the kennels in view of the possible harm that might have been caused.

However to deny you a full refund would be unenforceable in my view.

[sparkeyrjp]

I am trying to follow your advice in post 21 which suggests the kennels T&Cs are over ruled by the CRA

As I understood it , even if the kennel felt they good reason to refuse the dog boarding, which would be a difficult point to argue , as I am unable to get the vet to confirm they said the dog “should “ be ok ,the most the kennel  would be entitled to would be reasonable admin expenses due to refusing to accept the dog .

Then I read in you last post , which  to me seems a contradiction .

Paragraph 3 suggests a Judge would favour the kennel and its stance ,then paragraph 4 says to deny a refund in unenforceable .

Surely if to deny me a refund is unenforceable at common law , then a Judge would have to rule in my favour .

So if I continue I need to be sure I am citing the correct sections of the CRA

[BankFodder]

Ok I've had another look. maybe I could have expressed it more clearly but what I'm saying is the  event that a judge considers that it was a breach and that the kennels were not justified then the term which provides that you forfeit all of your money would be be unenforceable.