Whitsunday Pet Resort Pty Ltd (ACN 163 053 110) Terms & Conditions for Boarding of Animals (Items 1-15) Including Key Policies:

• Bookings Policy
• Cancellation Policy
• Early Departures Policy
• Late Arrivals Policy
• Out of Hours Policy
• Australian Consumer Law Compliance
• Cancellation Insurance – Operator Comments

1. All animals admitted must be at least 5 months old and have up-to-date vaccinations. Proof of two consecutive vaccinations that meet the Operator’s minimum standards and comply with ‘our’ immunity build-up periods (Canine C5 for dogs, Feline F3 for cats) is required at the time of admission.
2. All cats admitted must be desexed.
3. A daily surcharge will be applied for all un-desexed dogs.
4. The Operator retains the absolute discretion to deny admission to any animal. This decision may be made without the necessity of providing a reason and does not incur any liability on the part of the Operator.
5. Charges will be applied for the entire duration of the booking, irrespective of guests arriving later than the scheduled check-in date or departing earlier than the booked departure date.
6. Boarding rates are applied on a per calendar day basis, regardless of the time of arrival or departure of the guests.
7. The owner agrees to pay the boarding rate that is current on the date the animal is checked into the Operator’s premises, as indicated in the price list. This rate applies regardless of any previous estimates or the prices quoted at the time of booking.
8. The owner acknowledges and agrees that the kennel operator is legally responsible for providing essential care to their pet. This includes not only basic necessities but also reasonable medical attention in case of illness, injury, or disease. This obligation is upheld regardless of any differing wishes of the owner. Consequently, the owner agrees to cover all veterinary expenses incurred for treatment, including any special services, transportation, or related costs while the pet is under the operator’s care. In situations where the pet experiences a severe health issue and the owner is not immediately reachable, the attending veterinarian’s decision regarding the pet’s treatment will be deemed final and binding.
9. The owner agrees to take full responsibility for their pet’s actions and behaviour while under the care of the Operator. The owner further agrees to indemnify and hold the Operator harmless, to the fullest extent allowed by law, from any liability that may arise due to the pet’s behaviour, which would otherwise have been the responsibility of the Operator in the absence of this indemnity.
10. The owner explicitly declares that they are the sole owner of the animal and that the animal is free from any legal claims, liens, or encumbrances.
11. The owner is required to settle all charges arising from this agreement prior to the animal being released from the Operator’s premises
12. In the event that all incurred charges are not settled, the Operator reserves the right to arrange for the public sale or other disposal of the pet, at their sole discretion. Should the proceeds from such a sale or disposal fail to cover the outstanding charges, including the costs of sale or disposal, the owner remains liable for the remaining balance. This action may be initiated if the owner fails to inform the Operator of a collection date within two weeks beyond the initially advised date. In such cases, the pet will be considered abandoned and subject to the aforementioned measures.
13. The Operator, including its employees and agents, will not be liable for any illness, injury (physical or mental), anxiety, self-harm, death, loss, or damage of any kind that may occur to any pet in their care. This includes, but is not limited to, diseases such as Canine Distemper, Hepatitis (Canine adenovirus), Canine Parvovirus, Bordetella Bronchiseptica, Parainfluenza, Feline Herpes virus, Feline Calicivirus, Feline Panleukopenia virus, Chlamydia, Feline Immunodeficiency virus, Feline Leukaemia virus, Paralysis Tick, and Flea infestation, as well as any other bacteria or viruses. This disclaimer applies during the entire duration of the pet’s stay, encompassing arrival, departure, boarding, and all activities, including playtime with other pets. Additionally, the owner acknowledges that vaccines, such as those for Canine Bordetella Bronchiseptica and Parainfluenza Virus, may not fully protect against all strains of a given bacteria or virus.
14. In booking a stay or service at Whitsunday Pet Resort (WPR), I/we authorise the Operator, WPR to obtain and verify essential information about my pet’s needs and behaviours from relevant specialists, including veterinarians, behaviourists, and local councils or relevant authorities. This encompasses details like vaccination records, parasite preventatives, medications, behavioural advice, training history, medical histories, and any notable health or safety issues or past incidents. I acknowledge WPR’s commitment to strict confidentiality and the prioritisation of health and safety for all involved.
15. By signing this agreement, the owner confirms their full understanding and acceptance of the Terms & Conditions for Boarding Animals, as well as the specific policies & advice relating to Bookings, Cancellation, Early Departure, Late Arrivals, and Out of Hours procedures and an acknowledgment regarding Australian Consumer Law & Insurance responsibility. Furthermore, the owner certifies that all information provided about their pet is accurate and truthful. Additionally, by signing this contract, the owner acknowledges that a lien (a legal claim on the animal for payment of debt) in favour of the Operator is established on the pet. This lien will remain in effect as long as any amount is owed to the Operator under the terms of this agreement.

Bookings Policy

• Initial Payment: A non-refundable booking fee (NRBF) amounting to 20% of the total fee is required by midnight of the day when the booking is confirmed.
• Confirmation of Booking: A booking is considered confirmed only when the NRBF is received within the specified timeframe. Failure to make this payment will result in the forfeiture of the booking.
• Payment Methods: Payments for the NRBF can be made via credit card or direct debit.
• Balance Payment: The remaining 80% of the fee is payable upon the guest’s arrival.
  • Important Note: Please do not pay the balance in full before the arrival date. In case of cancellation before arrival, the prepaid balance (minus a credit management charge of $55) will be converted into a credit valid for 12 months, rather than a refund.
• Rate Changes: Rates are subject to change without notice due to additional requirements, special requests, and rising costs. Charges at the time of boarding will apply, not the rates quoted during the booking inquiry or earlier estimates.

Cancellation Policy

• Cancellation Notice: Cancellations must be made in writing and received before the scheduled check-in time. This will release you from the obligation to pay the remaining 80% balance due at check-in, but the 20% non-refundable booking fee (NRBF) will still be forfeited, regardless of the reason for cancellation or no-show.
• Post Check-in Cancellation: If cancellation occurs after the check-in time, you will be liable for the full accommodation fee for the entire period initially booked.
• Cooling-off Period: A 24-hour cooling-off period is available, starting from the deadline for the 20% NRBF payment.
  • This period is non-negotiable and cannot be extended.
  • In case of a refund, please provide your bank’s name, account name, BSB, and account number. Refunds, including notification, will be processed within 30 days.
• Modification Flexibility: We offer some flexibility by allowing conditional and limited modifications to your booking, subject to availability.

Conditions for Limited Booking Modifications:

To modify your booking, the following criteria must be met:

1. Inclusion of Original Dates: The modification must include at least one (1) day from the original booking period.
2. Booking Value and Duration: The modified booking must be of the same duration and total value as the original booking.
3. Advance Notice Requirement: Modifications require advance notice, as follows:
   • 7 days’ notice for Off-Peak Periods.
   • 14 days’ notice for Peak Periods (school holidays, public holidays, special or significant events).
   • 21 days’ notice for Major Peak Periods (Easter, Christmas).
4. Limitation on Changes: Only one (1) booking modification is permitted per original booking.
5. Administration Fee: A booking change administration fee of $35 will be applied.

Consequences of Non-Compliance:

If these conditions (1-5) are not met, any request to modify will be considered a formal cancellation of the booking.

Operator Liability due to Cancellations:

The Operator’s liability for cancellations, for any reason including non-compliance with our terms and conditions (e.g., unmet pet vaccination standards or behaviour policy breaches) is limited. This means the Operator is not responsible for any additional or related costs incurred by the client, either as a direct or indirect result of such cancellation. This includes cases of self-cancellation by the client.

Early Departures:

Should guests depart prior to their scheduled departure date, there will be no credit or refund for the unused portion of the booking.

Late Arrivals:

In the event of a late arrival, the full cost of the original booking will still apply. Any request to delay arrival must be communicated prior to the originally scheduled arrival date and time and is subject to availability.

Out of Hours Service:

We are unable to offer out of hours services due to strict adherence to council regulations. Additionally, the costs involved in arranging for two staff members, including overtime payments, make this service prohibitively expensive. The starting cost for a weekday call-out is $480.

Australian Consumer Law (ACL) Policy:

• Applicability of ACL: The Australian Consumer Law (ACL) is always applicable. It grants consumer rights while also allowing us to protect our legitimate business interests. This includes setting reasonable fees, cancellation terms, and conditions that reflect our costs, which may vary depending on the season of your booking.
• Fairness and Transparency: We strive for fairness, openness, and transparency in our terms and conditions. We strongly advise reading and understanding these legally binding agreements before agreeing to them or submitting any booking inquiry.
• Validity of Terms Under ACL: In the event that any term or condition is deemed unfair (not necessarily by our or your assessment, but by an independent, reasonable standard), it may be excluded from our contract. However, the rest of the contract remains fully effective. Essentially, the contract would continue without the specific term or condition in question.
• Examples of Our Fair Practices: A good example of our fairness is the cooling-off period. Typically, we do not request the balance of payment until check-in, and written cancellations are allowed up until the time of check-in, significantly reducing your liability.
• Advice and Clarification: If there are any uncertainties about our terms and conditions, we encourage you to contact us or seek independent legal advice. https://definitions.uslegal.com/r/reasonable-man-theory  Further Information on Reasonable Man Theory

Cancellation Insurance – Operator Comments:

• Responsibility of the Client: It is solely the responsibility of you, the client, to choose and obtain appropriate insurance coverage. This includes insurance for potential direct or indirect losses that may arise from cancellations, whether initiated by you or us. This may include considering policies with an ‘any reason cancellation’ clause to cover various scenarios of loss.
• Awareness of Insurance Coverage: We recommend that clients thoroughly understand for example, their travel insurance coverage. For example, it’s important to note that base-level travel insurance, including those offered by credit card providers, may not cover cancellation claims related to specific events like coronavirus.

Operator’s Fees and Insurance: Please note that no portion of our booking fee or accommodation fee contributes to or provides insurance for any loss you may incur. The responsibility for obtaining such insurance lies entirely with you, the client.

1. Valid Contract
2. Acceptance of offer and services
3. Contract agreement, waiver acceptance, upon presentation of your pet
4. Appointments / Offsite Delays – also see par. 18: u) early, v) running late, w) already arrived late.
5. Appointment change requests – 48 hours’ notice, subject to availability.
6. Earlier than agreed to departures – notice required – no refund or credit falls due.
7. Out of hours requests – your other options
8. Booking / Appointment – further processing, approvals etc.  – when they occur.
9. Booking information that you provide
10. Non Refundable Non Transferable Booking fee (NRNTBF) due, formal appointment confirmation & liability to pay balance at check in, not before.
11. Balance of accommodation cost is due at check in or surcharge applies. #.
12. Booking modification conditions & notice required
13. Booking modification fee
14. Minimum peak period accommodation periods e.g. Xmas – stay 7 or pay 7; & solo accommodation rates
15. Cooling off period – conditions apply
16. Booking, insurance and risk considerations PRIOR to paying a booking fee.
17. Disclosure
18. Resort Entry Requirements
19. Vaccination standard & mandatory presentation of certificates at check in
20. Parasites or similar discovered
21. Elderly pets, medical health check required
22. All pets, general health check may be required prior to, or at time of arrival
23. Pet Resort Etiquette

CANCELLATIONS

24. Written notice is required to cancel a booking and prior to your scheduled check in appointment date & time.
25. Non Refundable Non Transferable Booking fees taken i.e. 20% are purposefully minimal and upon cancellation are non-refundable or transferable; the effect of cancellation PRIOR to or AFTER check-in and your liability to pay the booking balance due i.e. 80%.
26. Force majeure
27. Refund time frame
28. Extent of cancellation liability
29. Cancellation insurance recommended
30. Self-cancellation
31. Australian Consumer Law (ACL)

GENERAL

32. Accommodation fees, daily rate and potential for upgrade / additional charges during a stay.
33. Minimum expected behaviours
34. Movement of pets & right to refuse entry or require collection
35. Proxy owner / emergency contact, pre-approval
36. Changes and updates since your booking inquiry and / or last visit.
37. Permission to speak to vet or others to obtain relevant information
38. Medication
39. Food supplied by owner is restricted
40. Toys & pet bedding
41. Playtime & similar activity rules / expectations / risk & risk management
42. Definitions
43. Abandoned pet
44. Deceased pet
45. Boarding rules – generally
46. WAIVER of liability & acceptance of risk/s– your acceptance to be signed. The signed waiver that also acknowledges you have also read, understood and agreed to these terms and conditions i.e. “Whitsunday Pet Resort Pty Ltd – Contract – Agreement – Terms & Conditions – All Pets”
47. DUTY OF CARE & authority for pets’ veterinary care, veterinary expenditure limits.
48. Pet transport & charges
49. Social media & marketing & potential commercial sale
50. Photographs posted on social media sites
51. Spam or Junk – haven’t heard from us?
52. Engagement with policy & procedures & appointment punctuality
53. Wellbeing & welfare checks
54. Payments including direct debit; credit card security.
55. Privacy
56. Complaints & Feedback
57. Defamation
58. Updates AND amendments to terms and conditions

1. VALID CONTRACT

This document is a contractual agreement between Whitsunday Pet Resort Pty Ltd and the pet owner/s, proxy owner, keeper, agent or representative.

Such contractual agreement shall also create a lien over the relevant animal in favour of the operator which such lien shall continue to exist whilst ever monies are owing to the operator pursuant to the relevant animal, this contract & boarding agreement.

Once you agree to our terms and conditions you are entering into a legally binding contractual agreement.  We therefore encourage you to take the time to read and understand such a legally binding agreement and prior to your agreement.

If you are unsure of anything, we encourage you to seek legal advice and before you make any payments to us.

See par. 2 – Acceptance of offer of services; par. 3 Contract agreement upon presentation of pet; par. 30 – Australian Consumer Law (ACL)

2. ACCEPTANCE OF OFFER OF SERVICES

You are deemed to have accepted our offer of services when you pay the deposit / booking fee / first or total payment in relation to the period of accommodation booked or purchased.

3. CONTRACT AGREEMENT / WAIVER ACCEPTANCE UPON PRESENTATION OF YOUR PET.

By presenting your pet for boarding at Whitsunday Pet Resort Pty Ltd, you the owner, proxy owner, agent, keeper or representative are acknowledging that you have read, understood or previously read and understood and agree with and voluntarily accept our:

• Contract – Agreement – Terms & Condition – All Pets
• Waiver

4. APPOINTMENTS / OFF SITE DELAYS – to maintain customer distancing / spacing, to allow for cleaning between appointments etc., ENTRY to Whitsunday Pet Resort is ‘by punctual appointment’ during ‘our’ business hours.

The same respect you already extend to all matters of attendance or not; of your doctor or dentist, banks, tour or airlines business hours, timetable, schedule & departure or appointment times, is also expected to be provided to your WPR appointment.

Should you suffer an off site delay independent of WPR and cannot meet you appointment time you should advise us prior to your appointment time.  See par. 25 Cancellation.

Such off- site delays will of necessity cause a rescheduling of your arrival or departure time that will not occur in the same session or the next session if there is no availability and / or reasonable notice of a minimum 1 hour hasn’t been provided.  The analogy – the flight is already fully booked,  all seat are occupied, what happens next – we are no different.  If all appointment are already booked; and as there are no staff available out of hours, you may naturally need to reschedule your other personal arrangements and travel plans; to facilitate a new appointment with WPR.  We also do not double book appointments.  If we are already closed, your appointment may not be confirmed until our next trading session.   Plan ahead – see par. 7. & par. 35 out of hours requests for other options e.g. prior approved (see par .35) proxy pick up.

Important – see U, V, W of par. 18 ‘resort entry requirement’s if you are early, running late or

have arrived late for your appointment. Also ref. par. 5,6,7,8, 35, 52.

5. APPOINTMENT CHANGE REQUESTS – 48 hours’ notice please, subject to availability.

You understand for e.g. ‘arriving back early’ will not result in a same day appointment change, our day is already planned – Please return at your appointment time.

• Requests for general appointment changes to another on the same day, need to be made a minimum 48 hrs prior to your appointment time to be considered.

o Change is subject to limited appointment availability 48 hrs out as appointments that day are typically already allocated to other customers.

o Staff rostering may also be impacted and is considered.

• Appointment times allow for covid-19 safe management incl. cleaning between appointments & without exception considers the health and safety of all customers & staff, including those amongst us who are potentially more vulnerable.

Please note appointment changes of a booking due to check in; to anything other than a same day appointment change; is regarded as a cancellation unless the minimum notice has been provided; as per par. 12.  If cancellation is not invoked by WPR the customer remains liable for the booking and period originally booked.

See par. 4,6,7,8,12,24,25,51

6. EARLIER THAN AGREED TO DEPARTURES, CHANGES DELAYS TO ARRIVAL – notice required – no refund or credit falls due.

You may be able to collect your pet earlier to the agreed to departure time & date provided you have given 48 hours’ notice, and we have appointment availability. Less than 48 hours’ notice, will compromise notice for staff roster changes / associated preparation / ability to rearrange appointments and our policy that all pets must leave our pet resort in a presentable condition.  Once you have checked in, there is no refund due or credit provided for early, later or change of mind arrivals or departures.

Later than scheduled arrivals are also subject to minimum notice for booking change notification requirements, alternatively the failure to check in as scheduled (no -show) is regarded as a cancellation.  Late arrivals are also subject to rescheduling & availability.  Later than scheduled check in; unless cancellation applies or has been applied,  than the customer remains liable for the full period originally booked. Your insurer may be able to assist with any loss suffered. See par. 4,5,7,8,12,24,25.

7. OUT OF HOURS REQUESTS – your other options

Sorry we are closed.

Unfortunately Staff are not available to assist or respond to out of hours inquiries, pick-ups or drop offs.

Our trading hours and appointments given, are for your prior planning.

WPR is a busy facility and have many other related commitments.

Trading hours are strictly adhered to for many reasons, including our vision the routine and comfort of ALL of our in-house guests (VIP’s).

We are also bound by council by-laws, which must be respected and strictly adhered to.

• Whitsunday Pet Resort therefore DOES NOT provide, offer or negotiate out of hours arrivals or departures.
• YOUR NEXT STEP – please contact us with a view to obtaining a new appointment time that is during our business hours, arriving EITHER during a previous or next scheduled trading session.  # This naturally may cause you to reschedule your other commitments and bookings.  The new appointment requested, will also need to consider any public holiday/s or additional planned closure/s as they occur and availability.

For a booking already confirmed, generally a minimum of 48 hours notice is needed for a same day appointment change request to be considered.

If you wishing to change a check in or departure day that is already confirmed, minimum booking change notice is required.  Cancellation may also apply – see Terms & Conditions.

ALTERNATIVE OPTIONS:

• Many of our customers plan ahead and as a contingency, also nominate a third party (proxy owner, agent or representative) who may be able to assist, with check in and collection of your pet by appointment & during ‘our’ business hours.

o # IMPORTANT – Third party proxies MUST be ‘prior approved’ by Whitsunday Pet Resort. Pet sitters who may certainly be at a higher occupational risk of coming into contact with other unvaccinated animals; and as a consequence, may transfer certain pet disease, viruses etc.; are typically NOT approved for third party pick up or delivery of pets.  Think aerosol, mist, surface to surface transfer – via leads, collars, clothing, footwear, receptacles etc.

• Alternatively, you are welcome to arrange drop off your pet the day before or collect the day after, subject to appointment availability within our trading hours of course.

• TRANSPORT OPTION: If we already know your pet and it is deemed by us to be a suitable situation (staff & pets’ security & welfare paramount) then we ‘may’ be able to arrange; during our business hours; the collection of your pet from your home; again during our business hours.  Someone must be present at home to facilitate this. Minimum transport costs apply.

Thank you for respecting our vision for your Very Important Pets.

See par. 4,5,6,8.

# Similar to the respect you provide your bank’s available opening hours, your doctors appointment, your tours or airlines timetables & scheduling; or rescheduling as the case may be; a genuine thank you for similarly respecting our small business hours, appointments and our vision that includes the routine and comfort of ‘everyones’ Very Important Pets.

8. BOOKING / APPOINTMENT APPROVALS – occur in ‘our’ business hours. See par. 4,5,6,7.
9. BOOKING INFORMATION THAT YOU PROVIDE – and if it ‘appears’ that we haven’t responded to you

You agree to provide all necessary particulars including accurate contact information in order for us to evaluate your booking inquiry, with a view to allowing further processing. See par. 51 spam or junk if you think we haven’t responded. See par. 17 – disclosure.

10. NON REFUNDABLE NON TRANSFERABLE BOOKING FEE (NRNTBF) & BALANCE when due, appointment confirmation & liability to pay balance at check in.

A non-refundable non transferable booking fee (NRNTBF) of 20% of the total of your package’s accommodation costs is required to be paid to secure a booking and allow us to formally confirm your appointment time on a first come first served basis.  * IMPORTANT: Please do not pay in full at the time of your booking, please pay the balance at check in.

• Delays in a booking fee payment may certainly cause changes to a previously discussed appointment time. The booking fee is deducted from the total accommodation cost.
• A booking modification may be permitted, booking modification fees will apply.  See par. 12 & 13.
• Booking fees are non-refundable and are not transferable, upon cancellation to another booking.

Once you pay a non refundable non transferable booking fee (NRNTBF) ; unless you have cancelled in writing prior; you become liable for the total cost of the period booked, with the remaining 80% balance due at the originally scheduled check in date & time.  See par. 6 & 24.

* To reduce administration costs, and your potential cancellation loss, we ask that you pay the 80% balance of accommodation charges at check in and NOT at the time of booking, when only the non-refundable non transferable booking fee (20%) is due.  Should you cancel and you have unnecessarily paid in full, then the 80% balance, will only be offered as a credit and only for a period of 6 months. Additional admin charges e.g. a booking change fee to manage the credit may also apply in this instance.

• It should be noted that unlike some other establishments, or your holiday destination, who require payment in full to confirm a booking, current WPR policy is NOT to ask for any balance/s of the money owing for the period booked until time of check-in. This practice combined with a smaller booking fee minimises your potential loss that also acknowledges up front our reduced & ongoing administration & reasonable charges that we apply for your failure to show – regardless of reason, force majeure or otherwise.

11. BALANCE OF ACCOMMODATION COST IS DUE AT CHECK IN – OR SURCHARGE APPLIES

Upon paying a booking fee you become liable for the balance of the accommodation fee that falls due at check in.  If for any reason you have not paid the balance due at check in, a surcharge of 10% of the outstanding balance immediately falls due, that must be paid prior to checkout, together with any outstanding accommodation or other costs incurred during your pets stay.

12. BOOKING MODIFICATION CONDITIONS & NOTICE REQUIRED.

Once you pay a booking fee, you become liable for the total cost of the period booked, with the balance due at the originally scheduled check in date & time.  Although technically a cancellation we are allowing a conditional & limited booking modification to provide you some flexibility, that is always subject to availability. Conditions: – a) Any modification/s of the original booking must always contain at least one day of the original period booked and b) be of the same number of days and c) value of the original booking, otherwise it is regarded as a formal cancellation of the booking.

MODIFICATION NOTICE IS REQUIRED: A booking modification change is permitted up to:

7 days prior to check-in, in an off-peak period,

14 days prior, in a normal peak period – *except Xmas/NY,

* 28 days prior in the Christmas New Year Peak Period.

• If anything, less than the prescribed days’ notice is given, then the booking cannot be modified; and accommodation charges will include the full cost of the original period as well as any additional days.
• This position is commensurate with the limited prospects of ‘covering’ the booking with another as we do not keep an inefficient wait list.  People typically plan well in advance.  See par. 6,13,25.

13. BOOKING MODIFICATION FEE – number of changes allowed, when due

Once you pay a booking fee, you become liable for the total cost of the period booked, with the balance due at the originally scheduled check in date & time.

• If you wish to change this liability and the period booked, then a change fee equivalent to 50% of the bookings B&B accommodation rate for 1 dog (even if the booking is for more than 1 pet or includes or is for a cat) will be charged each and every time a modification is made, PLUS any additional accommodation cost differences for the new period booked.

Examples –

21. 2 dogs and 1 cat are booked in the booking modification would be $21.50 for an off-peak period.
22. 1 dog booked in, the booking modification would be $21.50 for an off-peak period.

iii. 1 cat booked in, the booking modification fee would be $21.50 for an off-peak period.

• If the booking is extended, a further booking fee for those additional days also falls due.

Number of changes permitted

1. B&B booking – 1 change permitted, change fee is equivalent to 50% of the bookings B&B accommodation rate for 1 dog per booking change
2. Platinum booking (or equivalent value) bookings. * 2 changes. The 1ST booking modification change fee is complimentary. 2nd change fee/s equivalent 50% of the bookings B&B accommodation rate for 1 dog per booking change.

III. Platinum Plus bookings – *No limit on changes. The 1ST booking modification change fee is complimentary. 2nd & subsequent change fee/s equivalent to 50% of the bookings B&B accommodation rate for 1 dog per booking change.

Once you agree to the booking fee charge; any additional booking fees required falls due immediately; before check-in and temporarily suspends the modified booking until the fees are paid.

Once outstanding balances are paid, your booking will need to be reconfirmed.

*Important – see par. 6,12,24, 25.

14. MINIMUM ACCOMMODATION PERIODS

Stay or pay for the minimum period e.g. min. 7 days for Christmas / New Year bookings. Note – additional closures apply at Christmas / New Year.

Solo accommodation rate:-

Is commensurate with covering part of the financial loss of providing additional kennel space (caused by the additional kennel management needs of your VIP).   Some establishments charge 100% extra.  We meet you 1/2 way.  It also relates to our duty of care / professional kennel management standards that we apply to all pets.

This surcharge applies to non social breeds (as determined by Whitsunday Pet Resort), entire male, unsociable male/female, owner requested, resort required OR any VIP subsequently proved / deemed to be incompatible with others.

Subject to demand; and so it is not applied for the entire peak period; this surcharge is only applied OR occurs at the busiest peak period times e.g. leading into and out of Christmas/New Year, Easter or large event.

Note: Our standard rates have always been based on your pet possessing an even temperament with a sociable and non-aggressive nature and therefore their ability to share accommodation.  Why? The domestic dog is the majority of cases a social animal. Sharing arrangements WHEN implemented, are typically with those pets of the same family, those well socialised / trained, where NO additional costs apply.

Obedience training and the incorporated socialisation of your pet provides a lot of cross benefit, and goes a long way to ensuring a great visit. Highly recommended.

15. COOLING OFF PERIOD – conditions apply

A cooling off period up to 24:00 hours strictly applies. This period cannot be extended or negotiated.  Without exception, cancellation notice given must be provided in writing. Cancellation fees & various administration costs are complimentary in this circumstance.  After the cooling off period ends, normal cancellation policy applies. Please supply your banks name, account name, BSB & ac number.  Government authorities may change or update travel restrictions and travel entry requirements, so please check you meet travel related entry requirements before you book and before you travel. See par. 24,25 & 27.

16. Booking, insurance & risk considerations PRIOR to paying a booking fee.

It is recommended you consider how you manage and off set your risk, potential losses, including the following:

1. a) That WPR is located in the norther part of central Queensland, a tropical area that is subject to a wet season in the summer months that may occur earlier or later. That typical & routine weather events associated with a wet season including the occasional low-pressure system that develops is an expected annual occurrence. If such a risk has already been identified prior to check in than a subsequent change of mind resulting in an earlier than scheduled departure will simply be regarded as an early departure.

1. b) That covid-19 coronavirus pandemic is the new normal and has varying impact on this country and the health of us all, that should also be reasonably expected to cause associated delay, changes, suspension and or cancellation of NON WPR services that may range from border or area closures as well as transfer or transport delays.  Government authorities may change or update travel restrictions and travel entry requirements, so please check you meet travel related entry requirements before you book and before you travel.

See par. 6 & 29.

17. DISCLOSURE

The provision of information provided by you in every stage of correspondence and communication and at all other relevant times including any changes and updates; requires truthful, correct, & full disclosure with reasonable detail provided; via all usual means of communication including in person, over the phone, facsimile, online and including online booking forms, our booking software or similar means.  Information found to be misleading, untruthful, incorrect, not reasonably disclosed or not made in good faith and in a timely manner does not meet our terms and conditions.

The owner/s and any proxy owner, agent or representative has a duty to and MUST provide or disclose to the operator; including any updates, developments or changes as they occur, details in writing of any or all of the following: anything concerning your pets previous current or proposed medical treatments, any suspected anxieties, behaviours, conditions, or matters of health, temperament, injuries or illnesses, surgery or surgeries and also including matters of vaccination, diet, mobility, impairment, or any potential or actual safety related matters, including historical or current issues, complaint, animal attacks or threats – perceived or otherwise, and any enforcement action, declarations or restrictions, dangerous or otherwise, involving or pertaining to the subject pet/s.

18. RESORT ENTRY REQUIREMENTS
19. a) Do not attend our resort with any symptoms of cold, influenza or coronavirus / covid-19 – Useful link https://www.health.qld.gov.auIf in doubt see your doctor, beforehand.
20. b) Pets are not permitted outside the vehicle at the entrance to our property. All Signage must be adhered to. * Arriving early, waiting, or arriving late, does not give you permission or authority to wander around the property for any reason that may also include looking for a staff member or property owner.  Shute Harbour Road is a busy location. Our property includes the cane railway track area & table drain area either side of the entrance gate. These areas are off limits.  Additionally, our entrance gate may open or closed without notice. Our property is also used for off lead training. Such Health, Safety, Trespass signage & related matters, always apply. * The cane railway track is approx. 3 metres inside our property boundary. No exceptions.
21. c) Please WASH HANDS before entering the office – MUST DO.
22. d) One customer in office at a time, for no more than 5’ duration if possible. (some of our staff may be vulnerable)
23. e) Dogs will be received by staff in front of the office & prior to your office entry.
24. f) Respect personal space of 1.5 metres at all times
25. g) Do not approach other customers or their pets, perhaps stand to one side.
26. h) Keep your pet/s under effective control on a short lead.
27. i) Photo id e.g. driver’s license of the pets owner/s, including their proxy, agent, emergency contact, keeper, representative may be required to be presented & copied for business purposes ref. identification, verification and establishment of a good faith contract & transaction and at any stage of the booking, check in or the departure process and with a hard copy taken.  The potential alternative, i.e. obtaining a credit card imprint and/or hold on funds, is not currently being implemented.  See par. 55 Privacy.

VACCINATION PRESENTATION & EVIDENCE OF PARASITE PREVENTION:-

1. j) PETS PASSPORT – VACCINATION CERTIFICATES REQUIRED MUST BE PRESENTED AT CHECK IN – refer “Vaccination standard & presentation of …” below.
2. k) PETS VISA – PARASITE PREVENTION (ticks, fleas including paralysis tick and all worms): Whitsunday Pet Resort prides itself on striving at all times to be a parasite free zone and it is a requirement for your pet to be on or be started on a regular veterinary grade parasite prevention program.
3. As a demonstration of good faith of such participation, please produce the product box you used previously at check in.  Alternatively, please provide an adequately descriptive tax invoice / receipt clearly showing the original date of purchase (not a reprinted invoice date) OR provide a document / letter from your vet advising date of products application.  If a tax invoice is ‘reprinted without the original date of purchase’ (i.e. petstock’s style) you may obviously need to show the date of your original bank transaction as well, that matches the reprinted receipt amount.
4. Photographs of product boxes or an email after check- in, are not acceptable. Photographs of product boxes on their own before during or after check has unfortunately proven not to be an adequate substitute to physical presentation, although we do appreciate prearrival advice of your intentions. We can also assist also with other options on check in.
5. If you are concerned with your view of potential overdosing, please check with your vet prior to check in, as large safety margins exist with the recognised veterinary grade products that we provide.  See par. 20 parasites or similar discovered.

OFF LEAD DOG NOT PERMITTED, LEADS, HARNESSES, RETRACTABLE LEADS – RESTRICTED, CRATES, CHILDREN, PET PRESENTATION:

1. l) DOGS ARE NEVER ALLOWED OFF LEAD during arrival, departure or in the car park. Before any DOG leaves the vehicle, it must be on a recognised suitable, approved and secure lead in proper working order, with collar properly adjusted and of sufficient size & quality to be able to hold the adjustment.
2. Pet Security Tip – when travelling – and in a heavy breaking scenario, a loose harness, slips off like a loose collar, your pet may become a missile.
3. m) Dogs carried in, must also be on a secure lead.
4. n) Collars & Harnesses – BOTH must be properly adjusted for a firm fit. If not, your dog can reverse or slip out of the collar / harness.
5. Quality & type of equipment must suit the size of the pet & be sufficient to hold the adjustment.
6. If when fully adjusted you can still pull the collar over your dog’s head or you just slip it over, it’s not properly adjusted.
7. This is a clear Safety issue for all & individual welfare issue when your pet is handed over at a time when they may be a little, nervous or reluctant.
8. Escape via collar or harness slip at front of or back of office at best, may unnecessarily stress your pet.
9. o) Retractable leads – restricted to dogs under 10kg, Line/Cord NOT to be extended beyond length of a standard lead.  Staff & Customer health & safety issue. No exceptions.
10. p) Chain leads – restricted to dogs under 5kg –Staff health & safety issue – No exceptions.
11. q) Handler must be min. 12 years of age & under supervision of owner, guardian or proxy.
12. r) ALL CATS must be securely crated in a damage free crate in perfect functional working order without any risk to security.  Type approved for airline travel with vertical spring door opening are highly recommended.  Be wary of cheap imitation airline crates.
13. The small plastic rotating clip type to allow door removal etc, are prone to slippage, failure and are not recommended.
14. s) Children must be kept under adequate physical & verbal control by their parents & guardians and are not permitted to randomly or suddenly approach or disturb other pets who may unnecessarily stress or react.
15. Check in may be suspended until this is achieved.
16. t)     PET PRESENTATION – pets who present in un-groomed and /or not clean condition, or its coat type condition or management thereof, may be impacting on coat examination, health matters including daily bodily functions may need to be groomed or cleaned with the coat managed accordingly (e.g. sanitary strip provided, knot removed) and at the owners additional expense and without notice.  Any urgent type grooming associated with such health matters may certainly impact on the dogs appearance; and while all care is taken it will not be to professional grooming standards; and certainly may require regrowth or subsequent professional groomer intervention and at the owner’s further expense.

APPOINTMENTS – your PUNCTUALITY IS ESSENTIAL:

1. u) ARRIVED EARLY.  If you have ARRIVED EARLY your punctuality, is certainly appreciated, however as our day is already planned if you could please wait until your appointment time.
2. Our main entrance gate is typically closed between appointments and opened at your appointment time.
3. If the main gate is already open, then please wait in the car park area until your appointment time, or
4. If you have arrived very early, please return at your appointment time.
5. Ref. Par. 4 (general appt change requests do not occur same day) & par. 5,6,7,8 & 33.
6. v) RUNNING LATE – unable to keep your appointment?
7. Rescheduling request needs to kindly & respectfully occur, PRIOR to your appointment time.
8. Rescheduling is always subject to availability.
9. 10’ late, and to prevent a domino effect; rescheduling automatically occurs, subject to availability. Cancellation costs may apply.

Ref par. 4,5,6,7,8 & 33.

1. w) ALREADY ARRIVED LATE without contacting us.  We may or may not be able to reschedule you.
2. If we are open, please wait in the car park we will pop out and see you.
3. We may be preparing for the next appointment.
4. If we are closed, you will need to make another appointment online.  Cancellation costs may apply.  Ref par. 4,5,6,7,8 & 33.
5. VACCINATION STANDARD & PRESENTATION OF ORIGINAL VACCINATIONS @ CHECK IN REQUIRED.

IMPORTANT:- For the benefit of all VIP guests some of whom may be young or older, we choose to err on a max. standard not a minimum standard, this may differ to your vet’s advice.

Minimum standard for dogs is C5

Minimum standard for cats is F3 (we recommend F4)

Any vaccination concerns must be clarified at time of inquiry, and prior to:

i payment of a booking fee, and

ii your pet entering our resort,

iii Otherwise you may compromise your booking

Full disclosure of your pet’s vaccination status is required at the booking inquiry stage.

YOUR PETS VACCINATION CERTIFICATE/s (i.e. PASSPORT) – MUST BE PRESENTED at check-in:

1. a) PLEASE NOTE – If your pet has been vaccinated in the last 14 days, you also need to supply the date and type of the previous vaccination for ‘our’ assessment of your pet’s duration of immunity (DOI).  We need to determine if you pet is being vaccinated within the recommended 12 monthly continuous cycle.  Those pets whose vaccinations have expired and are in a renewal process, must have this status declared at the time of 1st booking.  Such pets may be required by WPR to have a booster vaccination to get core / non core immunity levels back to adequate levels.  A booster is normally given 28 days to 1 month after the previous vaccination.
2. b) After vaccination renewals or boosters of any of the core or non core components of C5 or F3, your pet must wait 14 clear days before entry, calculated as follows.
3. c) Vaccination day is day “0” you can check your pet in on day “15”.
4. d) Puppies, kittens or those under 12 months of age, or if your pet is yet to have its first adult vaccination; please provide
5. the DATE & TYPE of your pets last 3 vaccinations, and
6. your pets DATE of BIRTH with the last vaccination completed to our satisfaction & 14 clear days prior to entry i.e. vaccination day is day “0” you can check your pet in on day “15”.
7. These 3 vaccinations must also be presented upon entry.
8. e) Vaccination invoices, clinical notes are NOT accepted as proof of vaccination.
9. f) Passport analogy explained. Important – If you don’t have your vaccinations with you, then regardless of whether a vaccination is kept on file by us or your vet, computer malfunctions (e.g. server/cloud) or vet unavailability in a holiday period or an emergency can occur; this in turn prevents access to a physical copy of your vaccination certificate; and certainly may compromise your booking, as your pet will not be able to check in.

g). Ensure you always have your pet’s passport available for presentation.

Some other VERY IMPORTANT vaccination information:

h). # Vaccinations that fall due just before or during a period of accommodation, should always be given a minimum of * 14 clear days prior to the commencement of boarding, even if this means giving the vaccination earlier than scheduled.

1. * If Day 0 is the date of vaccination, then on Day 15 the dog can board with us.
2.      Why? After vaccination, your pets immunity system may be supressed for a while and may take up to two weeks to build their protection back up.

iii. Some vaccines are also live, and virus shedding may occur.  Typically, it is recommended your pet stays at home during the period after vaccination.

1. # IF you can’t manage this, then please send through your previous vaccination for our further assessment, and at the booking inquiry stage.
2. i) RENEWING AN EXPIRED VACCINATION AND / OR UPGRADING from a C4 to C5 vaccination.
3.      We have a small grace period for the renewal of expired vaccinations as DOI (duration of immunity) is certainly relevant.
4. Regardless of whether the vaccination type due; has some of the components and /or the upgrade delivered via sub cutaneous, * intra-nasal or intra-oral method; and considering your pet’s DOI (expired vaccination or in 12 months cycle vaccination renewal), your pet may have been previously exposed to; with varying degrees of susceptibility; an airborne virus that has an incubation period of approx. 7-10 days, OR

iii. It may be * shedding the virus as a result of the renewal type and / or upgrade type AND regardless your pets immunological system is also typically suppressed for up to 14 days.

1. So 100% regardless of the impact of the various vaccine & various immune response build up times, shedding occurring or not, to simplify things, our strict protocol is: – we still require a clear 14 day immunity build up AND regardless for e.g in an renewal or for e.g. an upgrade scenario of which of the 3 types of C4 to C5 upgrade types were administered.  It should be noted that where environmental factors are relevant various veterinary association recommend that the the constituents of kennel cough may be vaccinated against every 6 months.  At WPR we have been successfully operating with a 12 month vaccination cycle for several years coupled though with a 14 day immunity build up after any vaccination type is given.
2. Day 0 being the date of upgrade. Day 15 the dog can check in.
3. j)      Admittedly our vaccination protocol is fairly robust.
4. We take the responsibility for the health and welfare of all of our VIP’s very seriously.
5. We simply prefer to err on the side of caution and aim for best practice and standard that will always be higher than minimum.

iii. See par. 17, 30.

20. PARASITES OR SIMILAR DISCOVERED

If worms, ticks, fleas or other similarly health conditions including those of a contagious transmissible nature are detected, the pet will receive immediate treatment at the cost of the owner.  Additionally, and at the owners cost the pets environment may also need to be specifically treated, subject to availability and condition, your pet may also need to be isolated, alternatively collected by the owner or emergency contact.

21. ELDERLY PETS, MEDICAL HEALTH CHECK REQUIRED.

Any pet greater than 11 years of age will require a completed medical check at the owner’s expense, to state that the pet appears to be in good health and fit for boarding. That such veterinary check is dated no more than 3 months prior to the check in date and is supplied 2 weeks prior to boarding.

22. ALL PETS, GENERAL HEALTH CHECK MAY BE REQUIRED PRIOR TO, OR AT TIME OF ARRIVAL.

Whitsunday Pet Resort at its discretion and at any time up & including arrival / check-in, may require a health and well-being examination of the Pet before entry into or continuation of boarding by a vet of our choice.  This will need to be paid in advance regardless of whether the pet is subsequently accepted or not into boarding.  As the pet’s behaviour may also be part of the assessment, the pet must be dropped off by you at the nominated vet for later collection, as the evaluation must also be independent of your presence, as part of our required assessment. See par. 17, 30.

23. PET RESORT ETIQUETTE

We have a small office, one customer group in the office at a time please, a private conversation may be occurring.

UPDATE – covid-19 has a habit of dominating one’s day, & it now means 1 customer i.e. 1 person (not a group) in our office at a time.

It is respectful to empty your dog out prior to arrival; we certainly understand that this is not always possible.

It is respectful, again a pre covid-19 thing, if for some reason we look to be very busy, perhaps check to see if we are ready to receive your beautiful VIP.  Sometimes we or another VIP’s mum or dad, may need a minute or two.

Currently, covid again, we now instead ask you to wait in the car park until your appointment time & until the previous customer departs the property, the couple of minutes this takes, gives us time to sanitise before your appointment.  Remember – Appointment times spacing, consider the health and safety of all customers & staff, including those amongst us who are potentially more vulnerable.

Please do not approach another customer or their pet.

• Despite your best & friendliest intentions, you don’t know the pet.  Awkward at best, potentially very dangerous.

Please do not allow your dog to jump up at another customer.

• Short lead please.

Collection of your Pet.

We know you are super excited and typically it’s story time. Hey Mum & Dad, you never guess what I did today!!

• Please though be a little aware of the fact that your pet in low range 4wd is potentially pulling the joints of a staff member out of a socket or three and delay your kiss for a few seconds.

o It’s hard I know, but skinned knuckles, strained hamstrings, a medial here and there…  Thankyou!!!

Signage – please stop, read it – just once.

• It’s all about providing the best care, experience & conditions to everyone – you, your VIP & our staff.

Punctuality & Patience – we love you for it!

Also see par. 18 – pet resort entry requirements.

CANCELLATIONS

24. Written notice is required to cancel a booking and prior to your scheduled check in appointment date & time.

See par. 10 & 25.

25. Non Refundable Non Transferable Booking fee taken of 20% is purposefully minimal and upon cancellation are neither non-refundable or transferable; effect of cancellation PRIOR to or AFTER check-in and your liability to pay the booking balance due at check-in i.e. 80%.

You acknowledge and agree that In the event of such cancellation by you & other circumstance that results in your failure to check in or results in a no show then the booking fees default status will become non- refundable and non-transferable as the cancellation fee comprises the entire booking fee.

• The booking fee required is purposely minimal & and upon cancellation the booking fees are reasonably exhausted in administration costs, wages including current & future staff rostering, preparation etc. and a loss of booking & other potential bookings, including peak periods where costs / losses far exceed the booking fee retained.
• Cancellation PRIOR to check in, also relieves you of your agreed to liability to pay the balance due at check in appointment date & time. Conditions apply see par. 24.

IMPORTANT – Cancellation AFTER check-in means you are still liable for the bookings original balance due at check-in, regardless of whether your pet checks in or not.

See par. 11, 16, 24, 25 ,29, 31.

26. FORCE MAJEURE
27. a) Should a sudden unforeseeable type of event or Act of God outside of the control of either party i.e. for e.g. a civil disturbance, cyclone, earthquake, fire, flood, pandemic – see c), significant epidemic, prevent you the client or WPR from carrying out their obligations under this Agreement, neither you the client nor WPR shall be liable for non-performance under this agreement from that moment.
28. b) If an event of such force (natural or human) causing the above is reasonably foreseeable, and may be interpreted as being within the parties control and ‘may’ have been preventable, whether it was or it wasn’t, then typically it will not be viewed as a force majeure type event and highly unlikely that force majeure relief will apply in such circumstance.
29. c) For example. Covid-19 has been in existence for several months and an associated illness, or a border closure or airline cancellation or government announcement is reasonably foreseeable, perhaps similarly to a weather event that occurs during a typical wet season period and is also reasonably foreseeable; where either event may see you curtail, suspend, postpone or cancel plans.
30. d) OFF SITE FORCE MAJEURE – In the event that you the client directly cancels due to Force Majeure, all monies in excess of the booking fee will generally be refunded or offered as a credit, in extraordinary or protracted circumstances See par. 6,27,29.
31. However, if you have followed our booking conditions, and your pet hasn’t checked in you should not have paid any other monies except the booking fee. See. par. 10,16,24,25,27&29
32. e) Cancellation fee and various other costs applies, which will comprise the entire booking fee.  Effectively the booking fee is not refundable.
33. ON SITE FORCE MAJEURE – However, if the venue (WPR) cancels the contracted agreement due to onsite Force Majeure causing our on-site operations to completely cease, e.g. as result of fire, and your pet has checked in, then the balance of the booking may be offered as a credit.  Again, as per par. 10, if you haven’t yet checked in, then by design, you should not have paid such anything other than a booking fee.
34. In such ON SITE circumstance only, the booking fee portion may also be offered as a credit at the election of WPR, this offer & process may take up to 12 months or more commensurate with administration, and for e.g. the progress & amount of any insurance support.

1. However, if such an onsite force majeure incident occurs at WPR causes an evacuation or a request from us to collect your pet then the balance of accommodation fees may be offered as 6 months, up to 12 months credit, the credit period run this circumstance commencing from when on-site operations are resumed.  The costs of the evacuation may be significant and may quite reasonably be shared, with any on-going accommodation care commensurate with the period booked, naturally consuming such credit.
2. f) It should be noted WPR has previously continued its operation and provided pet care during cyclonic events and as an essential service during covid-19.
3. g) Please note checking your pet out early if our site is still operational does not qualify you for a credit.
4. h) In any other event that occurs off site (independent of events at WPR) that results in a no show i.e. failure to check in; a reason from you is not requested or required; rescheduling may be able to occur subject to availability during normal trading session times.
5. i) Cancellation fees, booking fee amounts taken, terms and conditions have been designed to be transparent & accountable and made in good faith with any credit period, if offered, carefully considered to be both fair, reasonable and to comply with ACL – Australian Consumer Law.
6. j) See Par. 6, 16. 29.
7. REFUND OR CREDIT TIME FRAME # – ref. on site Force Majeure event & impact of extraordinary and / or protracted circumstances.

If you are due a credit refund (e.g. a cooling off period applies with in conjunction with an on-site force majeure scenario), the normal refund time frame is 30 to 180 days (180 days being consistent with early to mid 2020 Australian Government position on covid-19 business relief in an extraordinary time) AND, upon WPR receipt of your written notice of advice of cancellation.

• In normal circumstances (non-force majeure) of frequency of numbers of cancellation notifications received, typically refunds are made within 30 days of your written advice.  Payment advice provided.
• In extraordinary and / or protracted circumstances, including a higher level and frequency of cancellations received e.g. on-site force majeure circumstances, conditional refunds (see next sub paragraph) may take up to 180 days commensurate with the increase in additional factors of administration.

o However, in an extraordinary circumstances and / or force majeure event that significantly impacts on site operations than credits (6 to 12 months) may be offered as the only viable option, dependent on circumstances such as insurer performance; with credit period commencing from when operations are able to resume.

• In all instances notification of refund / credit processing will occur.

See par. 16 Booking insurance and risk considerations, par. 29 Cancellation Insurance recommended.

28. EXTENT OF CANCELLATION LIABILITY

The extent of WPR liability due to any cancellations for whatever reason that may include a failure to meet our terms and conditions, whether caused by you or exercised by us, e.g. vaccination or behaviour policies, does not extend to a WPR liability to any additional or related costs whatsoever, that may be caused to you the client as direct or indirect result of such cancellation, including self-cancellation. See par. 29 Cancellation insurance recommended.

29. CANCELLATION INSURANCE RECOMMENDED

Appropriate insurance products as required by you the client ref. potential direct or indirect loss generally that may or may not include an ‘any reason cancellation’ clause for direct and indirect loss; is entirely at your election and always remains the responsibility of you the client to obtain.

Perhaps make it your business to be aware of what’s covered by your travel insurance as typically cancellation claims related to coronavirus for e.g. aren’t covered by a ‘base level’ travel insurance that may be included with a travel insurance product offered by your credit card provider.

No component of WPR’s booking fee or accommodation fee is used to underwrite or insure any such loss.

See par. 16 Booking insurance and risk considerations.

30. SELF CANCELLATION

A failure to abide by any part of this contract i.e. agreed to terms and conditions, whether intentionally, by choice, forgetfulness, frustration or in error by either yourself, proxy, agent, keeper or representative or your non WPR service provider and specifically including any behaviours outlined in par. 33 minimum expected behaviours, may be regarded as fulfilling self- cancellation i.e. cancellation

31. AUSTRALIAN CONSUMER LAW (ACL)

ACL always applies. ACL gives you the consumer rights as well as allow us to protect our legitimate business interests for e.g. from a change of mind as well as setting fees including cancellation fees and time frames that are proportionate to our reasonable costs that rise proportionate to the seasonal time of year that your booking relates to.

We have endeavoured to be reasonable, open and transparent with our terms and conditions and 100% encourage you to read and understand any such legally binding agreement such as these terms and conditions and prior to agreeing to those terms and conditions and /or submitting any booking inquiry.

If a term or condition was deemed to be unfair (## perhaps not our view, or your view, but an independent reasonable view,) then such term or condition is potentially excluded from the contract, BUT only to the extent necessary and regardless, the balance of the contract operates with full force and effect as normal.  Simply put the contract would be without the read down or the limited term, condition or clause. We have endeavoured to be as fair as possible, a good example – our cooling off period and typically we don’t ask for the balance of payment due until check in.

If you are unsure of anything, we encourage you to seek legal advice.

##   https://definitions.uslegal.com/r/reasonable-man-theory

GENERAL

32. ACCOMMODATION FEES, DAILY RATE AND POTENTIAL FOR UPGRADE / ADDITIONAL CHARGES DURING A STAY.

Accommodation fees charged are those that are current at the time of boarding not at the time of your booking or booking inquiry, commensurate with a price rise that typically occurs once a year and on the first day of new financial year in July.  Bookings made pre July for a post July accommodation period will typically be charged and adjusted at check in for the current daily rate that reflects our annual price rise.

I understand that Whitsunday Pet Resort accommodation fees are calculated on a calendar day basis (from day of arrival and including day of departure) regardless of which check in and check out time session you choose.

1. This allows us to offer customers a morning check in and an afternoon check out on our busiest days & without further charge.
2. Best way to use us – check in, in the morning and check out, in the afternoon on our busiest days.
3. As most customers use us this way, your pet’s accommodation space must be guaranteed / allocated for the entire day regardless of whether you check in pm and depart am the next day (worst way to use us)
4. Simplistically think one kennel – an e.g. Ok – there is a dog in kennel 1 until last appointment pm, you want to come in 1st appointment pm, that is why we must allocate another kennel 2 for your pet for virtually the entire day.
5. Same thing happens in reverse next morning. Your pet may be going out later in the morning, another pet comes early morning.  Kennel 2 is already occupied by your pet, that can’t happen. Kennel 3 is therefore allocated to the incoming pet for the day.
6. Remembering though, we are closed, Wednesday, Saturday afternoon and Sunday morning.
7. e) The owner understands that their pet/s are housed at standard rates based on the pet’s temperament and their social ability to share accommodation.
8. f) Should your pet be socially incompatible, not of social breed, temperament or disposition, or an entire male or bitch in season or subsequently simply prove to be incompatible with others, the owner may be required to pay additional rates, commensurate with a package upgrade or similar charge that better suits its behaviour, special needs, food, cleaning, relocation & associated increase in care levels & supervisory requirements.  See par. 34 e)
9. Such matters may cause WPR loss of kennel space due to solo accommodation and / or separation – isolation needs.
10. At Christmas, perhaps Easter for e.g. when demand is as its highest, is generally the only time we charge for loss of kennel space.
11. For similar reasons, pets may also be upgraded without notice to a more appropriate package.
12. g) Resort management carefully determines compatibility in sharing of accommodation.  Sharing arrangements: a maximum of two pets per accommodation area, with occupants in most instances from the same family.  Three pets per accommodation area will generally only occur, if from the same family and are suitably sized.

1. h) Additional surcharges apply on top of the above costs ref. entire males or bitches in, near, or either side of their ‘season’.
2. MINIMUM EXPECTED BEHAVIOURS – OUR COMMITMENT, OUR EXPECTATIONS

We all deserve to be treated with courtesy and respect, and that is our commitment to you.

• We simply expect to be treated the same way in all dealings and communications.
• No respect or courtesy = no entry, with further dealings terminated & without further notice.
• See par. 30 self- cancellation.

Further WPR has a ZERO TOLERANCE to abuse, assault incl. threatened or any similar behaviour and also including abrupt, curt, disturbing, impatient, indecent, offensive, overly entitled, rude, threatening or intimidating behaviour either in person, over the phone, or by email or similar communication, & * including any TRESSPASS, that may or may not include accompanying BIOSECURITY, SAFETY MATTERS.

• *A booking and / or appointment that you are early, late OR on time for, does not give you permission or authority at any time to TRESSPASS i.e. wander around the property in contradiction to trespass and /or biosecurity/ and /or safety signage, barriers, fencing. No exceptions.

o Such behaviour may cause a security orientated dog to attack a ‘handy’ staff member in frustration as it cannot get to you, will disturb other dogs at best, may compromise another use of our property (e.g. contaminate off lead work or track by a working dog), may cause a slip, trip or fall on uneven ground.

? Booking inquiry and all current and future bookings may be either suspended and or cancelled forthwith.

? You will be required to leave property immediately.

? Complaint made to Police.

? Security footage provided.

34. MOVEMENT OF PETS & RIGHT TO REFUSE ENTRY GENERALLY OR REQUIRE COLLECTION

The owner/s understand that the kennel / cattery reception, movement of i.e. the entry and discharge, including placement of all pets / animals, is at all times under the control and direction of Whitsunday Pet Resort Pty Ltd, who at their sole discretion, and without further explanation reserve the right to reasonably refuse any person or pet entry into our facility and including boarding or continuation of boarding generally, for any reason, that is typically based on our duty of care, that is not limited to:

1. a) The pet is not adequately vaccinated to our standards,
2. b) The pet owner has not properly disclosed information or it appears to WPR that incorrect (whether intentional or not) misleading and/ or deceptive or untruthful disclosure has been provided, verbal, written or otherwise intimated.

1. c) The pet owner, proxy or agent is not or does not intend to be a willing participant of a recognised veterinary grade parasite prevention program,
2. d) The pet does not satisfy our health and wellbeing requirements including non-compliance with our medication requirements.
3. Including any pet that appears not to be properly medicated as prescribed – duty of care issue.
4. e) The pet is in our opinion demonstrates aggressive behaviour or behaviours that is not acceptable to us or our staff.  Should a pet demonstrates aggressive or other similarly unacceptable behaviour, severe anxiety or stress, WPR reserves the right; at additional cost to the owner; to give the pet options that may include isolation of the pet from others, change the environment, i.e. upgrade care levels to additional care / high dependency, or perhaps a more suitable package, with a view to making the pet more comfortable and perhaps arrange veterinary intervention and / or request the pet be collected from the facility immediately by notifying the pet owner and / or emergency contact.  Such a plan is progressive and an upgrade to additional care / high dependency or similar will typically occur automatically without owner consultation as a duty of care exists and he pets comfort, health and well-being is paramount.
5. See par. 6. early departure and late arrivals; par. 17. Disclosure; par. 32. General; par. 47. Duty of care & authority for pet’s veterinary care.
6. f) The owner or pet’s previous behaviour or previous pet’s visits indicates to us that they are not suitable to enter our property and or their pet is also not suitable for accommodation.
7. g) The pet owner or proxies etc. or an accompanying persons behaviour is determined by WPR to be unacceptable. See par. 33
8. h) Female dog in season
9. i) Entire male dog (limited allocation for entire males, that is subject to change without notice)
10. j) Cat that is not desexed.
11. k) The pet has or is subsequently discovered after check-in to have an illness or injury or an undeclared illness or injury that we believe needs immediate treatment and / or may further deteriorate during its stay.
12. l) Any female dog not desexed or entire male dog required by the owner to share the same suite / accommodation space as another.
13. m) Any pet that is on medication other than topical or tablet, that will need to be further assessed as to suitability prior to check in.  Minimum 48 hours’ notice required.
14. n) Any pet that is pregnant or lactating
15. o) Any pet under 5 months of age

1. p) The pets supplied diet reasonably appears or is not of a commercial standard in preparation, presentation or nutritional balance and/or has not been approved by a vet for the pets’ consumption. Duty of care issue.
2. q) Any pet in WPR’s opinion that appears to be in need of veterinary consultation/ treatment or is not or may not be sufficiently recovered from an operation or is suffering from apparent neglect.  See par. 38 Medication.
3. r) Any declaration or information provided that appears to evasive, not true, inaccurate, ignores or simply omits, fails to disclose or answer questions, whether intentionally or otherwise.
4. s) Behaviour that is or is attempted fraudulent, dishonest, not of good intent or faith.
5. t) Not being the lawful owner or having lawful custody of the relevant pet that must also be free of any dispute, liens and encumbrances as to ownership and title.
6. u) Any breach or attempted breach of our terms and conditions.
7. PROXY OWNER, AGENT, EMERGENCY CONTACT OR REPRESENTATIVE WHO MAY

ATTEND WPR MUST BE AUTHORISED IN WRITING BY YOU, THEN APPROVED BY US.  THEIR INFORMATION IS REQUIRED. 48 HOURS MINIMUM NOTICE.

An emergency contact or proxy etc. must be * approved by us.

• A minimum of 48 hours’ notice, is required for approval.
• Proxy must supply response in writing to Covid-19 clearance questions.

STEP 1

Provide written authority to collect incl. your proxies:

I authorise William Justin Smith to collect my dog Molly on Sunday 10th ….

• full name,
• address,
• email address &
• contact phone numbers (mobile & home)

STEP 2

Upon receipt of step 1 authority & info, we will communicate approval during our business hours to both yourself and the proxy. Appointment offered may be the only 1 available.

STEP 3

Collection:

• Photo id will be requested (e.g. driver’s license)
• A collection signature is required.

*Due to WPR biosecurity arrangements, and the high risk of transfer of bacteria, disease, virus & various parasites, the person nominated cannot be a house to house, dog washer or pet sitter type who may or may not be attending unvaccinated households etc.

• Why? They may be a potential ‘host’.
• Think highly contagious Covid-19 and similar transfer & transmission spread ref. core & non-core disease, virus that cause disease, bacteria and including parasites such as the extremely contagious Bordetella and parainfluenza that affect all, particularly the young and elderly (& antibiotic’s typically don’t work), ringworm, parvo, worm eggs etc, etc.  i.e. Direct & indirect contact transfer via mist, aerosol, objects, clothing, footwear – ground contact etc.

36. CHANGES TO OR UPDATES SINCE YOUR BOOKING INQUIRY

You agree to advise and provide any updates or changes to the information previously supplied as they occur and / or in a timely manner that is no less then 14 days prior to a scheduled booking. Untimely advice of illness, injury, recent operation or treatment or additional care required on arrival may compromise your booking status.  See disclosure, self-cancellation.

37. PERMISSION TO EXCHANGE INFORMATION & SPEAK TO YOUR VET AND OTHERS TO

OBTAIN RELEVANT INFORMATION

As part of normal disclosure, and booking process I/we agree and understand that as a past, current or new customer, that having my pet stay at; or making an inquiry for accommodation for my pet to stay at; Whitsunday Pet Resort (WPR), that WPR and its’ owners, operators or staff may from time to time reasonably require further information.

I/We hereby give WPR permission and authority and full access to any information, including the exchange of such information electronically or otherwise that may include past and current assessments, documents, reports and verbal information from my pets previous or current treating veterinarian, veterinary practice or surgery, animal behaviouralist, animal boarding or day care establishment, carer, groomer or similar occupation, including any association my pet has had with a local council or similar authority or other place of business my pet has frequented e.g. a hardware store, provided such information provided may reasonably relate to;

anything concerning my pets previous current or proposed medical treatments, any suspected anxieties, behaviours, conditions, or matters of health, temperament, injuries or illnesses, surgery or surgeries and also including matters of vaccination, diet, mobility, impairment, or any potential or actual safety related matters, including historical or current issues, complaint, animal attacks or threats – perceived or otherwise, and any enforcement action, declarations or restrictions, dangerous or otherwise, involving or pertaining to my pet.

I understand that the privacy of such information is always respected and upheld as a priority, as is the health, safety and wellbeing of all relevant parties.

38. MEDICATION

You agree to provide any prescribed oral or topical medication in original packaging, that has been stored as recommended, that is accompanied by clearly marked veterinary prescription details including:

• prescribing vets name,
• pets name,
• date prescribed,
• medication expiry date / batch numbers
• medication name / type
• prescribed amounts.

• information leaflets originally provided with the script are also provided.

You agree that if your pet is on prescription medication and the pets prescribed medication is not provided and /or its non-provision will be contrary to prescription directions or it has not been administered as recommended, we may not accept your pet or if your pet is already checked in; then at our election & convenience; and as per our duty of care, we may arrange a veterinary consult at your expense or arrange for you to collect the pet. Additional charges will apply.

You agree that we will not accept verbal advice that the medication amounts have changed and any amendments to medication must be accompanied by a letter from your vet varying the original prescription.

See health check may be required on arrival, see disclosure, right to refuse generally.

39. FOOD SUPPLIED BY OWNER IS RESTRICTED

Food supplied by owner may not be accepted if it is not; in our opinion; a recognised balanced pet meal of commercial origin in original unopened packaging or tin or container such as a supermarket pet food brand, other branded commercial pet food supplier including a veterinary prescribed diet / breed specific.  Foods of inferior quality potentially containing dyes and filler are not recommended and may not be accepted.

Home prepared meals of unknown storage / preparation or content including potentially incorrect nutritional balance are not accepted – duty of care applies.  Pets on such diets, or special diets must have the diet specifically approved in writing and / or supplied by a vet that is arranged at the booking inquiry phase & at least 14 days prior to entry.  See disclosure & right to refuse generally.

40. TOYS & PET BEDDING, PROPERTY IN GENERAL – incl. unclaimed

Previously approved pet toys including foam filled bedding, are no longer accepted.

• This restriction now applies to all toys & bedding, considering surface Covid-19 & similar virus transfer potential.

o We have plenty of both.

o Stuffed toys with squeakers and / or foam filled stuffing & similar type bedding, do not meet health, safety and daily cleaning requirements.

ALL other property must be clearly marked e.g. ‘Molly Smith’.

• Cleaning / treatment charges may certainly apply.
• Unclaimed property is disposed of after 14 days.
• Property not clearly marked or identified may have to be regarded as a donation.

41. GENERAL PLAYTIME & SIMILAR ENRICHMENT ACTIVITY RULES / EXPECTATIONS / RISK & MANAGEMENT

• There are multiple PLAYTIME models; ours considers breed, age, weather, health matters, temperament, disposition, verbal control and is accommodation based.
• All PLAYTIME pets receive a super-premium meal with breaks managed accordingly.
• PLAYTIME participants are assessed for suitability.
• PLAYTIME pets must be de-sexed.
• PLAYTIME pets will generally be run with dogs of similar size, with temperament of a playful friendly not overly boisterous behaviour.
• Dogs who are more observant, nervous, standoffish will be encouraged at their own pace perhaps experiencing shorter sessions of positive positives (sic).
• Dogs who attempt to bump into, run into, or charge other dogs and clearly have not had any form of restraint / obedience training may well be removed from that playgroup if they are slow to adapt to acceptable play

o Your dog may be slowly re-introduced into a different group or you may need to help make that happen and enrol your dog in a local obedience course.

• PLAYTIME pets should typically acknowledge & respond positively to verbal praise, command, and correction voice inflection tones (i.e. how to communicate with your dog). This automatically occurs at WPR – we know, what we are doing, but if your VIP just may be a little confused, then here is a tip / challenge for you

o TIP / CHALLENGE –

? If you are a little unsure on what communicating with your pet is all about, your pet would thrive on & love some direction, positive behavioural training e.g. obedience.  They will simultaneously discover their position in the ‘family’ pack where they look to you, in fact really need you, to be their pack leader. You set boundaries, you consistently (yes that’s everyone singing off the same sheet) praise the desired positive behaviours, ignore / correct the unwanted.

• CONSISTENT – Repetition, Correction Praise – simple ?

You also acknowledge that:

1. The joints of dogs under 12 months of age, are still developing and so are vulnerable to injury & therefore may not be able to participate in open play.
2. Brachycephalic type breeds (short faced) may have breathing difficulties, be vulnerable to heat stress that will directly affect participation time in day care activities.

o On some days PLAYTIME will not be offered to such breeds at all.

3. That dogs suffering from various injuries or conditions we consider unsuitable for PLAYTIME, who are unable to fully participate in open playtime, may be placed in a restricted group or provided more suitable activities.
4. Not all pets at WPR are participants or are available for PLAYTIME and some have their own exercise routine or exercise with a family member only OR other private activities facilitated by staff.
5. PLAYTIME dogs interact via scent, play, touch with paw, open mouth that contain teeth, tongue and as a result of such interactions, some minor abrasion and injury may occur as one dog turns and the other twists and a pack determines the leader, the herder, the hunter etc… respect demanded, respect given etc…
6. Unless you know otherwise (x-ray required) your pet may have a less than desirable hip and elbow dysplasia score that may be partially disguised in day to day life by youth and vitality, regardless though, your pet may be exposed to additional risk as contact of varied levels will quite reasonably & naturally occur in group play regardless of our attempts at mitigation that could also be viewed as interference. Regardless we monitor and will not permit a dog to bully another.
7. Your approval for your pet to be assessed for playtime participation is required.
8. See Waiver.
9. DEFINITIONS

“Act”: Animal Care and Protection Act 2001 – Queensland (ref. – duty of care)

“ACL”: Australian Consumer Law

“Boarding”: includes all reasonably related activities at WPR associated with all stages of arrival, check-in, accommodation, check-out, departure & associated transports.

“Cancellation”: includes cancellation by us, you, and / or for failing to meet terms and conditions and / or self-cancellation.

“Contract”: A contract arises when one party makes an offer and the other party communicates an intention to accept it. e.g. verbal last minute over the phone booking

“Defamation”: Comment to another, that potentially make others think less of a business may be regarded as defamatory.

“Off peak period”: period other than a peak period

“Peak period”: means all Queensland School holiday, Christmas New Year Period and the Easter holiday break, public holidays and a public holiday period.  A public holiday period also includes where a public holiday leads into or follows a weekend; i.e. where the public holiday is the Friday or the Monday.

“Pet”: means the pet owners dog, cat

“Reasonable”: a defined example:-  https://definitions.uslegal.com/r/reasonable-man-theory

“Self cancellation”: see cancellation.

“Us”, “Facility”, “Operator”, “Our”, “Our Property”, “Resort”, “We” , “WPR” “WPR’s”:

means Whitsunday Pet Resort

“Terms & Conditions”, “Terms”, “Conditions,” “T&C”, “T&C’s” refers to / means:  Whitsunday Pet Resort Pty Ltd ACN 163 053 110 – Contract – Agreement – Term & Conditions – All Pets

“Waiver”: -the act or an instance of waiving, or relinquishing voluntarily, a right, claim, privilege, etc;

a formal written statement of such relinquishment.

“Website”:   means www.whitsundaypetresort.com.au

43. ABANDONED PET

If your pet is not collected within 7 days of the agreed departure date and no further communication has been received from either the pet owner, proxy or the emergency contact etc, then your pet is regarded as abandoned;

You agree that once a pet is deemed abandoned that your pet is either relinquished to the local council or an animal shelter or disposed of by sale as we decide;

You agree that you are liable for additional accommodation costs, transport costs and administration costs and any other costs incurred by WPR, that may also include transport, sale, council impoundment fees.

44. DECEASED PET

If your pet passes away at our facility, we will make all reasonable attempts to contact and notify the owner or the emergency contact as soon as practicable, so that we can assist in facilitating the owners wishes in relation to the handling and treatment of the deceased pet.

• You agree that upon your pets passing, the pet must be relocated from WPR within 3 hours of the initial advice to either the owner or the emergency contact or in the event we can’t contact you or your emergency contact, you automatically authorise WPR to transport your pet to a nearby veterinary clinic to be appropriately cared for until other arrangements can be made by the pet owner or emergency contact.
• You agree to pay for WPR costs to prepare, relocate and transport your pet.

o You are aware that other costs for the care of your pet at the veterinary clinic will also be incurred.

45. BOARDING RULES – GENERALLY

Dogs in boarding generally are not socialised with other pets other than own family members, unless you have authorised your pet/s as participants in play time. Please see par. 41 Playtime & similar activity rules / expectations / risk & risk management.

46. WAIVER of liability & acceptance of risk/s– your acceptance to be signed.

The signed waiver also acknowledges you have also read, understood and agreed to these TERMS AND CONDITIONS i.e. “Whitsunday Pet Resort Pty Ltd – Contract – Agreement – Terms & Conditions – All Pets”

47. DUTY OF CARE & AUTHORITY FOR PETS VETERINARY CARE AS REQUIRED BY US, PETS VETERINARY EXPENDITURE LIMITS.
48. a) Whitsunday Pet resort agrees to exercise a duty of care in terms of life’s necessities and medical attention.  This duty is extended to providing appropriate general care and handling of your pets, in a kind caring manner with priority and compassion.
49. b) Duty of care is much more than an agreement.  As the person / people in charge of your pet whilst it is in our care, such duty of care is legislated by virtue of the relevant Qld legislation (Act) and so we are in fact legally obliged to seek & provide the necessities of life that includes among other things, providing reasonable medical veterinary care & treatment for any disease or injury your pet as required, and this duty exists irrespective of your wishes.
50. We cannot and will not ever be party to a refusal by an owner to provide such necessary medical care as morality aside, it becomes both a potential animal cruelty matter and reportable RSPCA matter to do so. Our assessment, typically in conjunction with a discussion with a vet; as to whether your pet requires an initial consult with a veterinary practitioner, is final and as per a reasonable expectation, we will always err on the side of caution.
51. c) Subject to any urgent, emergent situation or other facility requirements that may make the following redundant, we would make every attempt to facilitate treatment by your nominated vet, if
52. they have the capacity to care for your pet if required and
53. if they are on the local on call roster or are easily contactable and / or
54. can attend our facility or can readily accept our transport of your pet to their practice.

1. Given that we may also choose a vet given the operational, urgent or emergent circumstances we are dealing with at the time, the priority being the welfare of your pet.
2. We will endeavour to contact you and / or arrange for the treating vet to contact you as soon as practicable given any life circumstances.

iii. Unless you otherwise advise, we may elect not disturb you if the matter is non-life threatening, non-emergent and /or subsequently proves to be a routine or minor matter with a full update provided to you upon your return.

400. d) You also agree that if you have not previously authorised in writing a reasonable limit of spend for the such potential duty of care related veterinary costs, it will be set at a minimum of $400.00.
401. Changes to increase this limit must be authorised by the owner in writing who may also nominate a proxy in writing to make further spend limit decisions in the owner’s absence.
402. If the owner or proxy cannot be reached in urgent circumstances where an immediate limit of spend increase is required, then a reasonable decision by us in consultation with the attending vet, considering age, prospects, quality of life will be final.
403. e) Such medical costs as those above, plus additional ancillary costs of transport, staff time etc are always at the owner’s expense and are due immediately upon receipt of a tax invoice by us that may be issued by: us, the attending vet or both; depending on circumstances and your relationship or financial arrangements with the attending vet.
404. If a vet, not your regular vet, extends you credit in relation to any pet on the basis that the pet has been in our care and requires veterinary treatment at your expense,
405. than as an important part of our ongoing working relationship with that vet, you must advise us when that account has been settled.
406. PET TRANSPORT & CHARGES.

Pet transport in our air-conditioned commercial vehicle is available weekdays by appointment only for customers accessing the pet resort.  Your pet is covered by insurance, with charges in both directions (km’s & time) from the pet resort to the drop off or collection point and return. Please contact the office for an estimation & availability.

49. SOCIAL MEDIA, MARKETING & POTENTIAL COMMERCIAL SALE OF IMAGE.
50. a) Unless otherwise advised in writing, you the owner/s give permission; and without reward or financial payment; for their pets to be photographed and / or videoed with images or footage displayed for any promotions relating to Whitsunday Pet Resort social media / marketing campaigns.
51. b) Security – Pets are referred to by initials only and may not always appear during an actual stay on a social media site.
52. c) Copyright of the image or footage taken is therefore owned by WPR’s photographer / videographer
53. d) You agree to acknowledge the source i.e. WPR if the image is shared (encouraged) by you online.
54. e) If an image is taken with equipment of sufficient professional quality such that the image or video could be offered for commercial sale and is, the owner will be notified and be entitled to receive a complimentary professionally edited 24cm x 20cm framed photograph of that still image, provided if taken by video only, we believe a suitable still image can be retrieved from video footage.
55. PHOTOGRAPHS POSTED ON SOCIAL MEDIA SITES & SHARING OF OUR PHOTOS

We love taking photos!

However, these are complimentary and not every pet will be photographed on every visit.

• In a very busy peak period, we may not take many photos at all.
• Sadly, not every pet wishes to be photographed. Some will pose all day some will not.
• Of photos taken, not every photo is suitable for publication
• Please rest assured though; IF your VIP doesn’t feature, photos posted are generally a very good representation of your pet’s experiences.
• We also certainly encourage you to share a photograph, provided you acknowledge the source.

51. SPAM or JUNK – haven’t heard from us?

Please check your spam or junk folder if you think we may have not responded to you. See par.8 booking approvals.

52. ENGAGEMENT WITH POLICY & PROCEDURES & APPOINTMENT PUNCTUALITY

You agree to engage with our policy, procedure, terms and conditions, including business / receptions hours that may provide the answers and assistance you seek.

Appointment punctuality.

Our day has already been planned.

The same respect you already extend to your doctor, dentist, banks, tour or airlines business hours, timetable, schedule & departure or appointment times, is very kindly & reasonably expected at WPR and appreciated by everyone.

• Important

o Please refer to T, U, V of par. 18 ‘resort entry requirement’s if you are early, running late or have arrived late for your appointment.

? Also in above circumstances, please ref. par. 4,5,6,7 & 8.

53. WELLBEING & WELFARE CHECKS

Wellbeing and welfare checks on your VIP’s should also be via email and not for e.g. via our FB page.

A response from us may not be immediately forthcoming, particular in busy periods as we attend to other priorities including your VIP.  Additionally, our office may be closed in such busy or peak periods.

You can be reassured thought that if there are any issue of concerns detected, then you and or your vet will be contacted.

Thank you in advance for your patience & understanding

54. PAYMENTS INCLUDING DIRECT DEBIT; CREDIT CARD SECURITY

Bank: Commonwealth Bank

Account Name: Whitsunday Pet Resort Pty Ltd

BSB: 062005

Account Number: 11001159

Payment Reference:  Pets’ first name & your surname e.g. “Molly Smith”

• Evidence of direct debit is always helpful

o Please scan or email evidence of that payment

? If not, funds should be cleared in time to meet booking conditions.

• Short notice bookings should be paid over the phone by credit card, alternatively use online booking payment system with unique reference number.

Credit card security – Credit card details are not stored on WPR servers.  With online booking payments via stripe, the most stringent level of encryption certification i.e. to PCI Service Provider Level 1 standard is applied.  Please refer to https://stripe.com/docs/security/stripe

55. PRIVACY POLICY – Whitsunday Pet Resort Pty Ltd is also bound by its privacy policy in relation to the handling, use of information management & security, disclosure and similar.

Please ref. to www.whitsundaypetresort.com.au for further details.

• link: https://www.whitsundaypetresort.com.au/privacy-policy.aspx

56. COMPLAINTS & FEEDBACK (ALL TYPES)

Complaints and feedback should be provided privately in writing, in a courteous manner accompanied by all the chronological facts, your desired outcome, so that we can genuinely investigate identify the issue.

We will endeavour to determine if the issue can be resolved for e.g. is it contained within or outside previously agreed to terms and conditions, have you been denied a promised service?  Has someone excelled? Can we do things better?

Underpinned by a desire to providing a reasonable outcome, recognition or resolution.

WPR would encourage all parties to adopt a ‘reasonable man’ theory approach in all steps of the complaints & feedback process i.e.  https://definitions.uslegal.com/r/reasonable-man-theory …

We certainly view your feedback as important. Ref. par. 1, 31 & 33.

57. DEFAMATION –

Comment to another, that potentially make others think less of a business may be regarded as defamatory.

Typically, the number of people that a defamatory comment is now posted to; known as publication and to a massive audience via the www; impacts on the amount of financial settlement & compensation that may be awarded.  Defamation proceedings can be commenced as a civil and a criminal matter.  Civil action can be commenced within 12 months of the publication, and some commence this after the criminal proceedings have concluded.

Recent case law (trolls now identified):-

If a troll like pseudonym is used, google is now legally obliged to reveal the identity of the source to the aggrieved (civil), complainant (criminal).

https://www.abc.net.au/news/2020-02-18/facebook-google-defamatory-posts-legal-action-freedom-of-speech/11973040

Legal advice before posting is recommended.

Some references:

https://www.slatergordon.com.au/blog/5-things-know-about-social-media-defamation

https://www.abc.net.au/news/2020-02-07/adelaide-lawyer-wins-defamation-payout-over-bad-google-review/11942064

• We will always exercise our right to vigorously defend our reputation.
• The courts decide what is defamatory not us, not you.
• Process contains many steps and is expensive.
• Costs may be awarded.

As an alternative, highly recommend par. 56.

58. UPDATES & AMENDMENTS TO TERMS AND CONDITIONS

WPR reserves the right to update these terms and conditions without notice.

Updates & amendments will appear at the end of the document if / when made referencing paragraph number and date update made, including version updates in the ‘footer’.

For the purposes of clarity, unless re-agreed to online, the “Terms and Conditions” & “Waiver” existing at the time of the making the booking / inquiry, will apply to that booking.

Any bookings made prior to this online system being introduced, the terms and conditions, requirements, including booking conditions existing at the time of the making the booking / inquiry,  will also apply to that booking if any payments have been made.  If no booking fee or previous payments or credits are applicable, then the booking terms and conditions may be transferred to the online booking system of the day and on agreement.

UPDATES:

Par. 19 a) & b) & i) iv – updated 21/11/2020

Par. 4 – updated 1/1/2021

Par. 10, 13, 25 & 47 updated 07/01/24 (in summary 10% NRNTBF now 20%, 90% Balance due at check-in now 80% where mentioned, booking change fee updated)