Terms of Use Agreement between PetBookings.com and Customer
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on 08/15/2011.
This Terms of Use Agreement sets forth the standards of use of the PETBOOKINGS Online Service, the "Website" or "Site". By using the PETBOOKINGS.com website you (the "Customer") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at PETBOOKINGS.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
- Description of Service
PETBOOKINGS is providing Customer with pet boarding reservation services. As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with this Agreement; (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this Website is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
- Prohibited Activities
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
(iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
(vii) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization. Reservations.
- Payment Processing
Reservations fall under one of three categories. Full collection of payment, deposit required, or credit card guarantee. It is at the discretion of the Kennel to choose which payment option is required at the time of reservation. The summary of charges on the booking page clearly displays what payment is required at the time of reservation. PetBookings may charge a fee for the service it provides when you book or reserve services and accommodations. Any such service fee is non-refundable. If you need to change or cancel a reservation, please do so through PetBookings rather than through the pet boarding facility directly. We are not responsible for any modifications you make to your trip without our assistance. Refunds are issued by PetBookings.com for reservations that are cancelled or changed by the reservation deadline set forth by the pet boarding facility. Refunds will be applied to the card for which the reservation was made if the cancellation is within 120 days from the booking date. Allow 7-10 business days for credit card refunds. Reservations cancelled more than 120 days after the initial booking date will be issued a cheque from PetBookings. Allow 14-21 days for refunds issued by cheque.
- Disclaimer of Warranties.
The site is provided by PETBOOKINGS on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, PETBOOKINGS makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. PETBOOKINGS shall have no liability for any interruptions in the use of this Website. PETBOOKINGS disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
- Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, PETBOOKINGS.COM DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PET BOARDING FACILITIES, PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, PETBOOKINGS.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND PETBOOKINGS.COM DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS. PETBOOKINGS.COM AND THEIR RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. PETBOOKINGS.COM AND THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
PETBOOKINGS.COM AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY PETBOOKINGS.COM. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PETBOOKINGS.COM AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE PETBOOKINGS.COM AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PETBOOKINGS.COM AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE PET BOARDING FACILTIES PROVIDING SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PETBOOKINGS.COM. PETBOOKINGS.COM IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. PETBOOKINGS.COM HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL PETBOOKINGS.COM AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF PETBOOKINGS AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. - Indemnification
Member agrees to indemnify and hold PETBOOKINGS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Customer's computer, of any intellectual property or any other right of any person or entity.
- Modifications and Interruption to Service
PETBOOKINGS reserves the right to modify or discontinue the Service with or without notice to the Member. PETBOOKINGS shall not be liable to Member or any third party should PETBOOKINGS exercise its right to modify or discontinue the Service. Member acknowledges and accepts that PETBOOKINGS does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Customers to review said privacy policies of third-parties' sites
- Disclaimer Regarding Accuracy of Vendor Information.
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While PETBOOKINGS makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
PETBOOKINGS makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk. - Governing Jurisdiction of the Courts of Indiana
Our website is operated and provided in the State of Indiana. As such, we are subject to the laws of the State Indiana, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Indiana.
- Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- Copyright and Trademark Information.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2010 PETBOOKINGS.com, with all rights reserved, or is the property of PETBOOKINGS and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PETBOOKINGS is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of PETBOOKINGS.
PETBOOKINGS™ and PETBOOKINGS.com™ are proprietary marks of PETBOOKINGS.com. PETBOOKINGS' trademarks may not be used in connection with any product or service that is not provided by PETBOOKINGS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PETBOOKINGS.
All other trademarks displayed on PETBOOKINGS' website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with PETBOOKINGS.
- Notification of Claimed Copyright Infringement.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, PETBOOKINGS.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
PO BOX 17888
Indianapolis, IN 46217-0888
- Botnets
PETBOOKINGS retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, PETBOOKINGS reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
- Other Terms.
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by PETBOOKINGS, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
- Contact Information.
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by PetBookings, you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them. E-mail: info@petbookings.com.
Mailing address: PetBookings.com, LLC
PO Box 17888
Indianapolis, IN 46217
Telephone:
1-888-970-7775
You acknowledge that PetBookings.com facilitates the booking of reservations on your behalf. The room rate displayed on the Website is a combination of the room rate for rooms reserved on your behalf by PetBookings.com and the facilitation fee retained by them to compensate them for their services. You authorize PetBookings.com to book reservations for the total reservation price, which includes the room rate displayed on the Website and service fees, where applicable. You agree that your credit card will be charged by PetBookings.com for the total reservation price, a set deposit amount, or service fees. Upon submitting your reservation, you authorize PetBookings.com to facilitate reservations on your behalf, including making payment arrangements with pet boarding facility suppliers.
You may cancel or change your prepaid reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the pet boarding facility reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the pet boarding facility you reserved, which varies by pet boarding facility, prior to your date of arrival, you will be subject to a charge of applicable rates. Service and processing fees are always non-refundable. We retain our service fees as compensation in servicing your travel reservation.
You agree to pay any cancellation or change fees that you incur. In limited cases, some pet boarding facilities do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the pet boarding facility reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid hotel reservations.
You agree to abide by the terms and conditions of booking imposed by any supplier with whom you elect to deal. The circumvention of a pet boarding facility's rules, including practices such as back-to-back booking (booking two or more reservations in order to circumvent minimum stay requirements or limited availability) is prohibited.
You are responsible for ensuring that your bookings abide by the terms and conditions of bookings imposed by any pet boarding facility with whom you elect to deal, including terms and conditions of booking set forth in a pet boarding facility rate rules or contract of service.
