Terms and Conditions for Pet Boating Service

Thank you for choosing Bark N Woof to provide you, and/or your Guests, and/or your pet(s) with our premium Pet Boating service. In order for us to provide our services to you and your pet(s), we would greatly appreciate if you could spend some time reading the terms and conditions below (these “T & Cs”). By signing on the Pet Boating contract (defined below) or any order for our products and services or, for online submission for any appointment or order for Services, by clicking on the tick box which states “I have read and agreed to the Terms and Conditions”, you acknowledge that you have read, understand and agree to the T & Cs.

 

1. DEFINITIONS: In these T & Cs, the following expressions shall have the following meanings unless otherwise specified: -
“Bark N Woof” means the registered business called Bark N Woof (UEN. 53088899L) also referred to as “we”/“us”/“our” in these T & Cs:
“Client(s)” means the person(s) engaging our services and/or the client(s) stated in the Pet Boating Invoice, any order for Services or the Client’s Pet Card, also referred to as “you” “your”;
“Client’s Pet Card” means the Client’s card and Pet’s card retained by us containing details of you and your Pet; “Fees” means the fees payable by the Client to us for the Services provided as per the Pet Boating Invoice;
“Pet(s)” means the pet(s) stated in the Pet Boating Contract and Pet Boating Invoice, any order for Services or the Client’s Pet Card;
“Pet Boating Invoice” means the invoice(s) issued to the Client(s);
“Pet Boating Contract” means the contract(s) signed by the Client(s) (or equivalent agreement to the T & Cs by clicking the relevant tick box in the case of online submission for any appointment or order for Services to be provided by us;
“Pet Boating Services” means the pet boating services provided to the Client by us; “T & Cs” means these terms and conditions; and
“Charter" means the period during which the Pet Boating Services provided or are to be provided and includes any extension thereof.

2. POLICIES: Price policy: All prices quoted are in Singapore currency. Rates includes the exclusive use of the vessel, boat captain, crew and fuel for the agreed duration and destination, unless otherwise specified.
Additional charges may apply for special requests such as cruising to other destinations or extended chartering time.
Payment policy: Full payment is required for the reservation of the boat charter.
Booking shall only be confirmed upon receipt of full payment or the specified deposit where credit term is extended.
Booking policy: Bookings must be made through our website at www.barknwoof.com and all bookings are subject to availability. Booking and reservations are taken on a first come, first serve basis. In order to accept confirmation of reservation, full payment is required.
Late policy: We reserves the rights to consider the charter as cancelled should the Client be more than 30 minutes late from the stipulated start time.
You and your guests are advised to be on time. No refund or time compensation will be given for late arrival, and charter timings shall proceed as according to the stipulated timing as agreed upon and stated on the invoice.
No-show policy: The Charterer payment shall be forfeited in the event of a no-show i.e. where the Client do not show up at the scheduled time, in accordance with the invoice provided to you.

3. CANCELLATION:
(A) Cancellations made within 7 or less working days prior to the charter date are subjected to 100% of the charter fee, with no refund.
(B) For cancellations made within 8 or more working days prior to the boat charter date, a 100% of the charter fee are refundable.
Rescheduling: Any rescheduling of the charter are subjected to availability.
(A) First rescheduling is provided free of charge.
(B) Subsequent rescheduling will incur a 30% charge of the charter fee.
Refund: In the event that we are unable to charter due to the following conditions prior to the charter commencing time, we shall refund 100% of the charter fee to the Client or give the option for the Client to reschedule.
Condition 1: The captain in his opinion declares that the sea conditions are not suitable for the charter.
Condition 2: There are reasonable concerns over the safety of guests and/or boat.
Condition 3: Heavy rains exist at Marina as stated on the Invoice before the charter commencing time.
Condition 4: Boat mechanical fault or technical failure.
Condition 5: Upon forecast or occurrence of severe weather.
Once the charter has commenced, regardless of any circumstances, the charter is considered to have been fulfilled and no refunds/ rescheduling are provided.
Charter Time extension: We may allow impromptu charter time extension with additional fees, subject to the boat availability and our sole discretion.
Embarkment/ Disembarkment: Embarkment and disembarkment point is usually at the Marina as stated on the Invoice, unless otherwise specified.
Curtailment of Charter: We reserves the sole and exclusive right, to terminate charter at any point of time and return to the Marina in any circumstances beyond our control.
You hereby agree to indemnify us against all claims, losses, inconveniences or damages resulting from the cancellation.

4. PET: It is your sole responsibility to maintain full control and safeguard the safety of your pet during the Charter. You agree to indemnify us for all liabilities to the fullest extent permitted by law. Accordingly, you shall not hold us liable for any liabilities, including but not limited to accidents, personal injuries, harm or losses attributed to your acts and/or omissions and/or the acts and/or omissions of your Guest and/or your Pet during the period of the chartering of our boat.

5. OUR RIGHTS: We reserve the sole and exclusive right to amend any terms and conditions, charter schedule/timeframe, fees, replacement of comparable boat and charter descriptions without prior notice. We shall not be liable for any failure to meet our obligations occasioned by circumstances beyond our control.
We shall also in our sole discretion decide not to provide any Client//Guest/Pet for our charter, without explanations, as well as to end charter at any time due to situations, including but not limited to, when Client/Guest/Pet poses a danger to the safety or health of the Client, our personnel or any other individuals, unfavourable weather condition, boat mechanical failure and /or any other reasons.

6. LOSS AND DAMAGE: You are liable for loss/damage to the boat or its equipment that results from your negligence or wilful misuse by yourself, your Guest and Pet during the Entire Period of the charter. Determinations of negligence or wilful misuse are made at our sole discretion. You will be responsible to rectify or to pay for the repair cost.

7. INSURANCE COVER: You will be responsible in ensuring that you have arranged suitable and adequate personal travel insurance to cover the entire period chartering of our boats.

8. PHOTOGRAPHY: You consents that we may take photographs or videos of your charter and use these for our promotional print and digital marketing materials.

9. USE OF THE BOAT: You agree that the boat shall be used exclusively as a pleasure vessel for the sole and proper use of yourself, your Guest and your Pet. You agree not to transport merchandise or carry passengers for pay, or race, or engage in any trade nor in any way violate the laws of Singapore or of any government within the jurisdiction of which the boat may be at any time and shall comply with the law in all other respects. You agree not to sub-charter the boat without our written consent.

10. INDEMNITY: You will hold us harmless and indemnify us against any and all liability which we may incur, arising directly or indirectly, out of, or in connection with the provision of the Charter. You shall not hold us liable and hereby hold us harmless, release and indemnify us from and against all claims for any accidents, personal injuries, loss, injury, mishap or death (to the fullest extent permitted by law) of yourself, and/or your Guest and/or your Pet arising from or as a consequence of our provision of the Charter.

11. RISKS: You acknowledge and accept the inherent risks, whether foreseen or unforeseen, associated with the provision of the Charter.
You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.”

12. NO WARRANTIES:
In particular, we do not represent or warrant to you that:
(a) your use of the services will meet your requirements,
(b) your use of the services will be uninterrupted, timely, secure or free from error,
(c) any information obtained by you as a result of your use of the services will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in the terms.
We further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

13. LIMITATION OF LIABILITY:
You expressly understand and agree that we, our employees, personnel, our service providers and contractors or licensees, shall not be liable to you for:
(a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(b) any loss or damage which may be incurred by you.
The limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

14. NOTICES: You agree that we may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, or postings on our website.

15. WAIVER: You agree that if we do not exercise or enforce any legal right or remedy which is contained in these T & Cs (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

16. INVALID PROVISIONS: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these T & Cs is invalid, then that provision will be removed from the T & Cs without affecting the rest of the T & Cs. The remaining provisions of the T & Cs will continue to be valid and enforceable.

17. GOVERNING LAWS: The terms and conditions set out herein shall be governed by and construed in accordance with the laws of Singapore. You agree to submit to the non-exclusive jurisdiction of the Singapore courts.