Terms & Conditions

AirPets Australia Terms and Conditions

1. AIRPETS’S OBLIGATIONS

1.1 Services

 (a) AIRPETS shall provide and perform the Services on the Transportation Date and Time, to the Transportation Destination using the Transportation Carrier, or as otherwise determined.

 (b) The Pet Owner may request Services by telephone to AIRPETS or by using AIRPETS’s website. Quotes obtained from AIRPETS’s website are not binding and the applicable Fee shall be confirmed by AIRPETS prior to payment being charged to the Owner’s credit card.

 (c) A booking for Services shall be considered confirmed upon payment of the Fee and a signed copy of the Service Agreement being returned by the Owner to AIRPETS.

 (d) AIRPETS retains the right to refuse to provide the Services to any Owner for any reason, whether prior to or during the course of provision of the Services.

1.2 Professional standard of care

AIRPETS will ensure that the Services are performed in a diligent and professional manner and to the standard of skill and care expected of a professional experienced in the provision of the type of services. 

1.3 Defective performance

AIRPETS guarantees that if there is a defect in the performance of the Services, AIRPETS will remedy the defect or re-do the Services at no additional cost to the Pet Owner.

1.4 Delivery of Animal to AIRPETS

 (a) The Owner shall arrange for delivery of the Animal to AIRPETS’s office, or make such other arrangements with AIRPETS for the collection of the Animal by AIRPETS or its agents.

 (b) AIRPETS shall not be liable for any Claims in respect of the period immediately prior to AIRPETS taking possession of the Animal. The Pet Owner agrees to indemnify AIRPETS in relation to any such Claim.

1.5 Selection of Transportation Carrier

 (a) The Pet Owner shall select the Transportation Date and Time, the Transport Destination and may request the Transportation Carrier for the Services to be performed. 

 (b) The Pet Owner may select a Transportation Carrier and Transportation Date and Time for the Services, based on the availability of such Transportation Carriers, as advised by AIRPETS to the Owner at the time of the booking for Services being made.

 (c) AIRPETS may substitute a choice of the Transportation Carrier or Transportation Date and Time at their discretion, based on availability of Transportation Carriers, provided that such substitution shall not affect the delivery of the Animal in substance. 

 (d) AIRPETS shall advise the Owner of any changes to the Transportation Carrier or Transportation Date and Time prior to the Animal boarding the Transportation Carrier.

 (e) In the event that the Owner is not agreeable to the changes to the Transportation Carrier or Transportation Date and Time, prior to the Animal boarding the Transportation Carrier, the Owner must advise AIRPETS and AIRPETS will remove the Animal from boarding with the Transportation Carrier pending further instructions from the Owner.

1.6 Compliance with Transportation Carrier policies

 (a) The Pet Owner acknowledges that provision of the Services by AIRPETS is subject to any terms and conditions imposed on AIRPETS by a carrying entity and by the entering of this Agreement, the Owner consents to being bound by such terms, as amended from time to time.

1.7 Missed Flights/Connections

 (a) In the event that a flight or connection is missed or cancelled, or for any other reason, the selected Transportation Date and Time for provision of the Services cannot be met, AIRPETS shall do all things necessary to arrange the next available transport of the Animal to the Transport Destination on similar terms.

 (b) Any costs incurred in relation to the rebooking of transportation, including any requisite Kennel Boarding costs, shall be borne by the Owner, unless such delay is caused directly by AIRPETS.

 (c) The Owner irrevocably authorises AIRPETS to deduct the cost of additional services incurred by AIRPETS or its agents under this Clause and any related costs from the credit card details provided to AIRPETS at the time of the Services being booked. 

1.8 Assignment of Service performance

 (a) AIRPETS may assign and/or subcontract any part of the Services at their discretion.

 (b) The Owner acknowledges and agrees that the physical possession and care of the Animal will be with the Transportation Carrier during part of the period in which the Services are provided. The Owner further agrees that any Claim arising in relation to this period shall be solely between the Owner and the Transportation Carrier and the Owner indemnifies AIRPETS absolutely in relation to such Claims. 

2. OWNER’S OBLIGATIONS

2.1 

The Owner warrants and represents that the Animal is the property of the Owner and the Owner has to right to contract with AIRPETS in relation to the Services.

2.2

The Owner must provide emergency contact details to AIRPETS at the time of making the booking for the Services. 

2.3

The Owner must ensure that they are contactable by their emergency contact details at all times. Failure to be contactable by AIRPETS at any time shall be a breach of the Service Agreement and any action taken or costs whether direct or indirect incurred by AIRPETS as a result of AIRPETS’s inability to contact the Owner shall be deemed to not be a breach of the Agreement in any respect and the Owner shall fully indemnify AIRPETS in relation to all matters arising from the operation of this Clause.

2.4

The Owner shall ensure that the Animal is properly crated for transport in accordance with Transportation Carrier’s requirements. In the event that the Animal is incorrectly crated, the Owner authorises AIRPETS to re-crate the Animal in a manner acceptable to the Transportation Carrier. The Owner irrevocably authorises AIRPETS to deduct the cost re-crating the Animal, including AIRPETS’s time and the costs of a new crate, from the credit card details provided to AIRPETS at the time of the Services being booked. 

2.5

The Owner shall ensure that all things are signed and done to ensure that the Services can be provided by AIRPETS. This includes, but is not limited to:

  (a) The Owner shall be responsible for obtaining any licenses or permits required to own or transport or collect the Animal at either end of the Transportation Destination;

  (b) Ensuring that the inside of the Animal crate is clean of faeces. In the event that inside of the crate requires cleaning prior to boarding with the Transport Carrier or during the period in which AIRPETS or its agents are in possession of the Animal, AIRPETS may, at its discretion charge a fee to the Owner for cleaning of the crate.

2.6

 (a) The Pet Owner acknowledges that provision of the Services by AIRPETS is subject to any terms and conditions imposed on AIRPETS by a carrying entity and by the entering of this Agreement, the Owner consents to being bound by such terms, as amended from time to time.

2.7

The Owner agrees that in addition to the terms of this Agreement, the Owner is bound by the service terms of any applicable Transportation Carrier in relation to provision of the Services.

2.8

The Owner indemnifies AIRPETS in relation to any sums or liability incurred by AIRPETS in relation to the Services, or variations to the Services as set out in the Service Agreement.

2.9

The Owner irrevocably agrees that all amounts payable to AIRPETS may be deducted from the credit card details provided to AIRPETS at the time of the Services being booked, without prior notice to the Owner.

3. EXCLUSIONS

AIRPETS entirely excludes the following:

3.1 

Cases involving the sedation of an Animal prior to the Animal coming into the possession of AIRPETS or the Transportation Carrier. In the event that an Animal is sedated prior to travelling, the Transport Carrier may refuse to carry such Animal. In the event that the Transportation Carrier refuses to carry said Animal, the Owner shall bear AIRPETS’s costs associated with Kennel Boarding the Animal until such time that the Animal is accepted by the Transportation Carrier for transport to the Transportation Destination. Any costs associated with Kennel Boarding or rebooking the transportation time and date shall be borne by the Owner. AIRPETS shall not be liable for failure to provide the Services in such event.

3.2

Loss, damage, injury, death, disability, contraction of a disease/condition or any other damage caused to the Animal whilst the Animal is not in the possession of AIRPETS. The Owner indemnifies AIRPETS in respect of all Claims relating to such events;

3.3

Loss, damage, injury, death, disability, contraction of a disease/condition or any other damage caused by the Animal to other persons or animals whilst the Animal is not in the possession of the Owner. The Owner indemnifies AIRPETS in respect of all Claims relating to such events;

3.4

Loss, damage, injury, death, disability, contraction of a disease/condition or any other damage caused to the Animal or any other person or animal as a result of the Animal escaping from its crate, Kennel Boarding or other location;

3.5

Loss, damage, injury, death, disability, contraction of a disease/condition or any other damage caused to the Animal by virtue of that Animal being crated with other animals at the direction of the Owner;

3.6

Transportation of livestock/farming animals;

3.7

All Claims in respect of refusal by a Transportation Carrier to transport an Animal for any reason;

3.8

Disputes regarding the ownership of an animal to which Services apply.

4. PAYMENT FOR SERVICES

4.1 

The Fee is payable by the Owner in advance of the Services being supplied, by credit card payment, upon provision of a quotation by AIRPETS to the Owner.

4.2

The Owner irrevocably authorises AIRPETS to deduct the cost of the Services and any related costs from the credit card details provided to AIRPETS at the time of the Services being booked.

4.3

The Owner irrevocably grants AIRPETS a lien over an Animal in respect of unpaid fees.

5. CARE OF ANIMALS

5.1 

The Owner agrees that AIRPETS may determine whether an Animal requires emergency treatment for any condition at any time the Animal is in the possession of AIRPETS or its authorised agents. Whilst, AIRPETS will endeavour to contact the Owner to advise of the emergency and proposed course of treatment, the Owner agrees that if such contact is not feasible, that AIRPETS shall be authorised to determine and approve any necessary treatment, at the cost of the Owner. 

6. ACCOMMODATION FOR ANIMALS

6.1 

If required, in the event that the Animal is delivered to AIRPETS in advance of the date of travel, AIRPETS shall arrange for boarding of the Animal until the specified travel date and time.

6.2

The Owner may specify a Kennel Boarding for the Animal, if necessary, however, AIRPETS may substitute a Kennel Boarding if necessary, at the discretion of AIRPETS.

6.3

The Owner shall be liable for any fees associated with the Kennel Boarding of any Animal and agrees and irrevocably authorises AIRPETS to deduct such expenses from the Owner’s credit card details provided to AIRPETS at the time of booking the Services.

7. VACCINATIONS

7.1 

In the event that vaccinations are required prior to transportation, AIRPETS will advise the Owner of the requirement of such vaccinations and the costs associated thereto.

7.2

The Owner shall arrange for the appropriate vaccinations for the Animal prior to provision of the Services and delivery of the Animal to AIRPETS, or shall instruct AIRPETS to arrange for such vaccinations, at the Owner’s cost

7.3

The Owner shall be liable for any fees associated with the required vaccination of any Animal and agrees and irrevocably authorises AIRPETS to deduct such expenses from the Owner’s credit card details provided to AIRPETS at the time of booking the Services.

8. QUARANTINE

8.1 

When possible, AIRPETS shall advise the Owner in advance as to whether there is a requirement to place any Animal, as a part of the Services, into quarantine in any country or state of Australia.

8.2

The Owner shall meet the full costs of any quarantine requirement. The Owner agrees that he/she shall be liable to AIRPETS for the costs associated with any quarantine requirement, including AIRPETS’s costs in arranging such quarantine requirement.

8.3

AIRPETS shall liaise with AQIS where necessary and all charges of AQIS in relation to any Animal, shall be borne by the Owner. AIRPETS will issue invoices payable before the Transportation Date and Time in respect of such quarantine services and will require such expenses to be prepaid by the Owner. The Owner may be invoiced separately for ongoing quarantine costs, as incurred by AIRPETS.

8.4

AIRPETS shall provide the Owner with updates in relation to the health, wellbeing and location of any Animal in quarantine, including, but not limited to AQIS.

8.5

The Owner acknowledges and agrees that once the Animal in under quarantine, AIRPETS is no longer responsible for the treatment of such Animal and time in quarantine does not form a part of the duration of Services.

8.6

The Owner agrees that in the event of quarantine being necessary, the Owner will do and sign all things required by the quarantine authority/provider.

8.7

AIRPETS shall not be liable for any determinations made by a quarantine authority.

8.8

The Owner discharges and indemnifies AIRPETS relating to any Claim in relation to the time the Animal is in a quarantine facility and the Animal’s treatment during quarantine.

9. TERMINATION OF SERVICES AND AGREEMENT

9.1 

AIRPETS may immediately terminate the Service Agreement if the Owner is in breach of the Agreement.

9.2

AIRPETS may terminate the Services at any time where the Owner does not do all things necessary in AIRPETS’s opinion to ensure that the Services can be provided by AIRPETS.

9.3

The Owner may terminate the Services at any time prior to the Animal being transported.

9.4

For domestic carrying: In the event that the Owner cancels the Services 48 hours or more in advance, the Owner shall be entitled to a refund of 50% of the Fee paid.

9.5

For domestic carrying: In the event that the Owner cancels the Services within 48 hours, the Owner shall not be entitled to a refund of any amount for the Fee paid.

9.6

For international carrying: In the event that the Owner cancels the Services 10 days or more in advance, the Owner shall be entitled to a refund of 90% of the Fee paid, excluding AIRPETS’s out of pocket expenses.

9.7

For international carrying: In the event that the Owner cancels the Services less than 10 days in advance, the Owner shall be entitled to a refund of 70% of the Fee paid, excluding AIRPETS’s out of pocket expenses.

10. INSURANCE

AIRPETS will, on request, provide the Owner with proof of all insurance policies required to be maintained by AIRPETS. 

11. INDEMNITIES 

The Owner must indemnify and keep AIRPETS indemnified at all times against any Claim whatsoever against AIRPETS by any person arising directly or indirectly out of the provision of the Services under the Service Agreement or out of any breach of the Agreement by the Owner.

12. WEBSITE

12.1 

The content of this website and associated mobile Apps are provided for information purposes only. No claim is made as to its accuracy, authenticity, appropriateness or suitability for a user’s particular needs or circumstances or for any particular use. AIRPETS accept no liability for any loss or damage caused by any error or omission contained in the information

12.2

AIRPETS terms and conditions may be updated occasionally, with or without notice to users. The most current version of the terms and conditions will always be available on the website.

12.3

AIRPETS makes no claim, representation or warranty as to the accuracy or completeness of information or other content of the AIRPETS website.

13. GENERAL

13.1 

If any Clause of these Terms & Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of these Terms & Conditions will continue in effect

13.2

The courts of Victoria, Australia will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these Terms & Conditions

13.3

Any failure by AIRPETS to enforce any Clause in these Terms & Conditions will not be deemed to be a waiver of the enforcement of other clauses.