Terms and Conditions

Terms for Provision of Services

Bay City Pet Travel operates the Business and provides the Services.

By making a booking for the Services the Customer agrees to be bound by the Terms.

Terms

1. Services

• In consideration of the payment of the Service Price, Bay City Pet Travel will provide the Services subject to the Terms.

2. Payment

• The Customer agrees to pay to Bay City Pet Travel the Service Price charged to the Customer.
• The Service Price is payable by the Customer in advance through the Booking System.
• Full payment of the Service Price is required at the time of booking. Failure to pay will result in the booking being cancelled.

3. Quotations

The Customer acknowledges and agrees that:

• Quotations are valid for seven (7) days from the date specified on the Quotation.
• Quotations are subject to change. The Service Price will be confirmed at the time of booking.
• Quotations are based on information received from the Customer. Bay City Pet Travel reserves the right to make changes to the Quotation for Additional Charges incurred resulting from incorrect information or further evidence disclosed provided by the Customer.
• Quotations are based on the Services being provided on Business Days during the Operating Hours. Additional Charges may apply outside Business Days and Operating Hours.

4. Cancellations/Amendments

• The Customer acknowledges and agrees that:
  • Where the Customer cancels a booking within three (3) days of the Travel Date, no refund will be available.
  • Where the Customer cancels a booking within seven (7) days of the Travel Date, the Customer will be entitled to a fifty percent (50%) refund of the Service Price and Bay City Pet Travel is entitled to retain the balance of the Service Price.
  • Cancellations outside of seven (7) days from the Travel Date will incur the Cancellation Fee.
  • Changes made to bookings may incur the Booking Amendment Fee.
  • Refunds will not include credit card surcharges incurred by the Customer where a credit card was used at the time of booking.

5. Customers Obligations

• The Customer acknowledges and agrees it will:
  • Pay the Service Price in full at the time of booking.
  • Obtain a ‘Fit to Fly’ certificate from a qualified vet dated within fourteen (14) days of the Travel Date (inclusive of the date on the certificate) if the Customer’s pet is:
    • aged between 8 – 12 weeks old;
    • older than 12 years;
    • sick, injured, pregnant or has given birth within 48 hours of the Travel Date.
  • Complete a ‘Virgin Cargo Domesticated Animal Acceptance Declaration’ and any other documents required for the Services as advised by Bay City Pet Travel upon Lodgement.
  • Comply with worming requirements for dogs travelling into Tasmania, details of which will be forwarded to the Customer in the AWB Confirmation.
  • Not sedate their pet without the relevant veterinary administration guidelines and certification.
  • Ensure that their pet is at Lodgement between 1.5 – 2 hours before the flight departure.
  • Ensure that their pet will be collected at the travel destination within 30 – 45 minutes of the flight arrival time.
  • Ensure that the person who drops the pet at Lodgement and the person collecting the Customer’s pet at the travel destination are always contactable.
  • Ensure that in the event a flight is cancelled, delayed, or there are problems, a person is available to return to the airport to collect the Customer’s pet.
  • Observe and adhere to the Rules made by Bay City Pet Travel for the management of the Services.

6. Customer Warranties

• The Customer warrants to Bay City Pet Travel that:
• It will comply with these Terms.
• Their pet has not swallowed, ingested or been in contact with any illicit drugs.
• Their pet is up to date with its vaccinations.
• Their pet is in good health and fit to travel, free of ticks and fleas.
• Their pet is not classed as a brachycephalic breed or crossed with a brachycephalic bread; and
• Information provided by the Customer to Bay City Pet Travel is true and correct.

7. Crates Acceptance and Sizing:

• The Customer acknowledges and agrees that:
  • Pets travelling with Bay City Pet Travel must travel in approved crates that meet the IATA airline regulations which include the following criteria:

Crates must:

• be manufactured from hard plastic material;
• have metal bolts that secure the top and bottom of the crate;
• must have a water bowl affixed to the door of the crate;
• have adequate ventilation;
• have a front-loading gate;
• allow for the crate door to be cable tied closed;
• have aircraft tie down points; and
• must not have wheels

• Where the Customer supplies the crate, the Customer is responsible to ensure that the crate used for their pet meets the IATA airline regulations and is of adequate size. All pets should be able to sit and stand normally, turn around and lie down comfortably inside the crate.

• Newly purchased or hire crates should be labelled and dropped off at the origin port prior to the flight. For health and safety compliance reasons, Bay City Pet Travel does not allow hire crates to be collected prior to the Travel Date.
• Hire crates should be left at the destination airport for collection by Bay City Pet Travel personnel.
• Newly purchased crates will be available for collection at the destination airport by the receiver along with your pet.

8. Overnight Boarding and Emergency Overnight Boarding:

• The Customer acknowledges and agrees that:
  • it is not always possible to have pets arrive at the destination on the same day as the Travel Date due to the length of the journey. A boarding fee will be included in the Service Charges or may be charges as an Additional Charge.
  • Bay City Pet Travel uses overnight boarding services to facilitate overnight stays and will advise the details of the boarding location at the time of the booking.
  • Included in the boarding fee is food, clean and sanitary bedding, toileting breaks as required, and regular updates particularly after collection and re-lodgement.
  • There are occasions, e.g. during non-direct flights, where a connecting flight is missed due to unforeseen flight delays, cancellations or soiled crates. Bay City Pet Travel will attempt to secure the next available flight the same day, however, it is not always possible. In these instances, Emergency overnight boarding will be provided, and Additional Charges will be incurred. Additional Charges will be invoiced to Customers and due and payable within seven (7) days of the invoice date.

9. Medical and Emergencies

• If a pet requires medical attention, the Customer authorises Bay City Pet Travel to seek veterinary care. The Customer agrees it will be liable for the Additional Charges arising from treatment and transport expenses.
• The Customer acknowledges that:
  • travel and Boarding generally can lead to exposure to viruses and contagious medical conditions. Bay City Pet Travel is not liable for any illness contracted by the Customer’s pet including any Additional Charges resulting from associated medical expenses; and
  • Bay City Pet Travel is not liability in the event of injury or death of any pets while in Bay City Pet Travel or the airlines care.

10. Personal Items

• The Customer may send personal belongings including collars, leads and pet documents with their pet during travel, however, Bay City Pet Travel does not recommend it.
• It is recommended that Customers post personal belongings instead.
• Personal belongings that are accompanied with a Customer’s pet, e.g. collars and leads must be secured to the outside of the crate with zip ties.
• Documents should be attached to the crate by placing them in an envelope and then placing the envelope in a plastic sleeve and taping it to the top of the crate.
• Towels and small blankets should be placed at the bottom of the crate. Soiled personal belongings will be thrown away.
• The Customer acknowledges and agrees that:
  • It is the Customers responsibility to ensure that the person receiving their pet at the destination airport is aware and knows to collect any personal belongings; and
  • Bay City Pet Travel is not responsible for personal belongings. If personal belongings are damaged or they go missing, it will not hold Bay City Pet Travel responsible; and
  • The Customer has been advised it is recommended to post any important documents or personal belongings rather than have them accompany their pet on the travel.

11.  Customers Indemnity

• The Customer indemnifies Bay City Pet Travel against any Loss suffered or incurred by Bay City Pet Travel in connection with a breach of these Terms.
• Without limiting the generality of clause 1 to the extent permitted by law:
  • the Customer hereby indemnifies Bay City Pet Travel and keeps it indemnified and held harmless from and against any liability or Loss arising from any material or immaterial damage in the form of personal injury, illness or death to any person or animal or damage to any property arising directly from or in direct connection with the Services and any breach or failure to perform these Terms by the Customer.
  • the Customer hereby indemnifies Bay City Pet Travel and keeps it indemnified from and against any claim in relation to delayed flights, flight cancellations, incorrect flight routing, aircraft changes, available capacity or loss of veterinary or other documents by airlines or partner companies of Bay City Pet Travel.

12. Risk & Limitation of Liability

• The Customer acknowledges and agrees that:
  • it uses the Services at its own risk.
  • Bay City Pet Travel has not given any warranty as to the suitability of travel for the Customers pet.
  • Bay City Pet Travel is not liable for any loss or damage to the Customer’s personal property or for any injury suffered by the Customer because of the Customer’s use of the Services.
  • To the extent permitted by law, the Customer releases Bay City Pet Travel from any claims that the Customer may have against Bay City Pet Travel for loss, damage, injury or death suffered or incurred because of the Customer’s use of the Services.
  • it indemnifies Bay City Pet Travel against all claims that are made against Bay City Pet Travel for loss, damage, injury or death caused or contributed to by the Customer’s use of the Office-Space or any breach by the Customer of this Terms.
• The Customer acknowledges that no liability for negligence is assumed by Bay City Pet Travel for the use by the Customer of the Services. Any liability on the part of Bay City Pet Travel, its servants or agents, for damages for any claim arising out of or in connection with these Terms, other than liability for which is totally excluded by this clause, shall not (whether or not such liability results from or involves negligence) exceed the amount of the Service Price paid by the Customer.
• The Customer acknowledges that the Service Fee includes the Services as stated in the AWB Confirmation advice. Bay City Pet Travel does not assume responsibility for the following:
  • Airline delays, cancellations or refusals at lodgement
  • Flight interruptions caused by weather
  • Airline aircraft or schedule changes
  • Missed lodgement/collection deadlines or no-shows
  • Unacceptable Customer supplied crates
  • Soiled crates during transit
• Where Additional Charges are incurred as a result of the circumstances outlined in clause 3, the following Additional Services will be charged to the Customer and payment of the Additional Services will be due and payable within 7 days of the invoice date.
  • Comfort stops;
  • Extended comfort stops including collection and re-lodging; and
  • Emergency Overnight boarding; and
  • any consequential flight, collection and re-lodgement fees.

(“Additional Services”)

13. Default & Cancellation

Events of Default

• An Event of Default occurs if:
  • Non-payment – a party does not pay the whole or any part of an amount due or payable pursuant to these Terms when the obligation to pay falls due;
  • Obligation not complied with – a party does not comply with an obligation under this Terms.

Termination

Bay City Pet Travel may terminate the performance of its obligations and Services under these Terms effective immediately if:

• An Event of Default occurs.

14. Late Payment & Interest

• If the Customer does not pay an invoice issued to it by Bay City Pet Travel for Services rendered including any Additional Charges invoiced, Bay City Pet Travel may charge and the Customer agrees it will pay, in addition to any other costs recoverable under these Terms:
  • Interest at the Interest Rate compounded monthly on the total unpaid amounts due under these Terms; and
  • Costs on a full indemnity basis including disbursements incurred by Bay City Pet Travel in the recovery of any unpaid amounts due

15. Force Majeure

• An obligation under these Terms shall be suspended to the extent and for so long as the performance of that obligation is prevented or delayed by an event or circumstance which:
  • prevents a party from complying with any of its obligations under these Terms; and
  • which that party did not cause, and is unable to control, influence, prevent or avoid through prudent management processes, policies, precautions or other reasonable steps.

(‘the Force Majeure’).

• Bay City Pet Trave will not be responsible for any failure to perform any obligations under these Terms if performance has become impossible due to the Force Majeure.

16. Definitions Used in this Terms

Definitions

In this Terms the following definitions apply:

• Additional Charges means extra charges due and payable by the Customer in addition to the Service Charges due to unforeseen circumstances including an Emergency or charges imposed due to incorrect information provided at the time of Quotation by the Customer or services provided outside of Business Days and Operating Hours or for Additional Services.
• Additional Services has the meaning given to it in clause 4.
• AWB means Air waybill and is the document or consignment note that accompanies the Customers pet during the travel and provides the carrier the key information about the pet and its travel.
• Bay City Pet Travel means Cain Pty Ltd ACN 606 062 364 trading as Bay City Pet Travel and includes its personnel, employees, agents and other servants engaged by it from time to time.
• ‘Booking Amendment Fee’ means the sum of Fifty-Five Dollars ($55) or such other amount set by Bay City Pet Travel from time to time.
• Booking System means the online platform through which the Customer can book the Services.
• Business means the domestic pet freight and transport business operated by Bay City Pet Travel.
• Business Days means Monday to Friday but excludes Public Holidays in the State of Queensland, Australia.
• Cancellation Fee means the sum of Fifty-Five Dollars ($55) or such other amount set by Bay City Pet Travel from time to time.
• Customer means a person who engages Bay City Pet Travel to provide the Services.
• Emergency means a serious, unexpected or dangerous occurrence causing Bay City Pet Travel to change or cancel a booking.
• Interest Rate means eight (8%) percent per month compounded.
• IATA means International Air Transport Association
• Lodgement means the drop off at the airport prior to travel of the Customer’s pet to Bay City Pet Travel.
• Loss means all claims, losses, damages, costs and expenses sustained or incurred (including legal costs and disbursements on a full indemnity basis) whether directly or indirectly or consequentially or in any other way.
• Operating Hours means between 8am and 4pm.
• Quotation means the travel proposal, quotation and information provided from Bay City Pet Travel to the Customer.
• Rules means the rules and regulations, policies and procedures updated from time to time by Bay City Pet Travel for the management of the Business and available online through the Website and the Booking System.
• Services means the transportation of animals provided by Bay City Pet Travel to the Customer.
• Service Price means the amount the Customer must pay to receive the Services as prescribed by Bay City Pet Travel.
• State means the State of South Australia.
• Terms means these terms and conditions of Bay City Pet Travel.
• Travel Date means the date of departure of the animal.
• Website means baycitypettravel.com.au.

17. General

• Failure to enforce rights
• The failure or omission of a party to enforce or require strict compliance with a provision of this Terms does not affect or impair that party’s right to subsequently enforce or require strict compliance with that provision or to avail itself of any remedies it may have in respect of any breach of that provision.
• No Merger
• The rights and obligations of the parties will not merge on completion of any transaction under this Terms or upon the execution of any other Terms or other document in connection with the subject matter of this Terms.
• Amendment
• No alterations or amendments to this Terms will be valid unless they are in writing and signed by Bay City Pet Travel.
• Governing Law
• These Terms are governed by the laws of South Australia.  Each Party irrevocably submits to the non-exclusive jurisdiction of the Courts of the State of South Australia.
• Relationship
• Nothing in this Terms creates a relationship of principal and agent, employer and employee, partnership or joint venture between the parties.