§ 1 Scope of application
The following general terms and conditions apply to the contractual relationship between Tierpension Bender, Oberach 4, 65468 Trebur, here in after referred to as the operator, and the pet owner.
They apply exclusively.
A pension contract is concluded between the operator and the pet owner for the agreed period. During this period, the animal will be accommodated and cared for in the pension in accordance with the following contractual regulations.
§ 2 Conclusion of contract, obligations and rights of the contracting parties
The prerequisite for the conclusion of the pension contract is:
The pet owner assures that the animal has received all prescribed vaccinations at the time of hand over to the operator. He hands over the complete and up-to-date vaccination certificate of the animal. If the vaccination certificate is not presented on the occasion of admission to the animal boarding, the operator reserves the right not to admit the animal to the animal boarding house.
About chronic diseases of the animal must be informed to the company before admission to the animal boarding house.
By concluding the pension contract, the animal owner further assures that the animal is healthy and free of parasites of any kind at the time of handover.
Furthermore, he assures that the animal is currently not contagious.
Treatment against parasites must be carried out by the pet owner before hand over of the animal to the boarding house.
If parasite infestation is detected at an animal during the stay, the operator is entitled to carry out appropriate treatment.
The resulting costs of the treatment as well as necessary follow-up costs, such as cleaning, disinfection and co-treatment of other animals, are borne by the animal owner.
The animal owner is obliged to inform the operator about existing behavioral problems, such as increased aggressiveness or strong anxiety or high susceptibility to stress before the animal is admitted.
Should such a behavioral abnormality lead to the operation of the animal boarding house being disturbed in its course, the operator can give the animal to an animal shelter in care. The resulting costs shall be borne by the animal owner.
The operator decides whether the pension animal is to be kept individually or in community housing. For good cause, the operator is entitled to take the animal into individual care.
An important reason is, for example, the heat of a female animal during the stay or the incompatibility of the animal with other animals.
Insofar as higher costs arise from the individual accommodation, these shall be borne by the owner.
If the pension animal falls ill during the stay in the pension, the operator will consult a veterinarian or a veterinary clinic. The costs incurred shall be borne by the animal owner.
Treatment by a specially designated veterinarian may not be guaranteed by the operator.
The property of the operator may only be entered after his express request.
The enclosures of the animals may also not be entered by the keeper without the express consent and without the presence of the operator.
The admission of other animals in heat, as dogs, during the high season is reserved in individual cases to the operator’s decision.
However, the operator declares that he assumes no liability whatsoever in the event of copulation of animals in heat by other pension animals.
Should an animal die, injure itself significantly or become ill during its stay, so that a veterinarian consulted advises euthanasia, the pet owner will be notified immediately.
If a notification is not possible due to lack of accessibility, the decision-making authority lies with the operator in connection with the professional evaluation of the veterinarian.
§ 3 Liability
As a general rule, the animal is taken in at the owner’s own risk. According to § 833 BGB, he is liable for all property damage and personal injury, in particular for damage to other animals caused by his animal in the pension.
The liability of the operator for damages of all kinds is excluded, as far as legally permissible and as far as based on the typical dangers emanating from the animal itself (§ 834 sentence 2 BGB).
This does not apply to damages based on intent or gross negligence or on injury to life, body or health.
Otherwise, as a precautionary measure, liability is limited to the typically foreseeable damage, but no more than € 500.00 per liability case.
On the occasion of the conclusion of the pension contract, the animal owner declares that a pet owner’s liability exists for the animal. Upon request, a copy of the insurance policy must be provided.
In the event that the animal is regularly given medication, the operator assumes no liability for the administration of medication or its consequences.
The operator assumes no liability for items brought along, such as toys, baskets or blankets.
§ 4 Bringing and picking up
If the pet owner is unable to meet the agreed pick-up date, he is obliged to inform the operator of this at least 24 hours before the agreed pick-up and to agree on a new pick-up date in a binding manner.
The delivery and pick-up times are based on the requirements of the animal boarding house and are agreed between the pet owner and the operator before the conclusion of the contract.
The animal shall only be surrendered to the animal owner or to persons of legal age authorised by the owner of the animal. Upon request, the authorisation must be proven in writing.
Upon collection, the remuneration for accommodation must be paid to the operator. Upon request, a receipt will be issued.
For the subsequent creation of an invoice/receipt, costs are calculated according to expenditure by the operator.
If payment is not made upon collection, the operator is entitled to assert his statutory right of retention on the animal until the outstanding claim has been settled.
If the animal remains in the operator’s facility, the additional days of accommodation resulting from the non-payment of the accommodation allowance shall be paid additionally by the animal owner.
If the animal has not been collected 8 days after the end of the animal boarding’s contract or a new contract in addition has not been concluded, the operator is entitled to hand over the animal to an animal shelter. The resulting costs shall be borne by the animal owner.
§ 5 Costs
The costs for the animal boarding accommodation of the animal are agreed between the operator and the animal owner on the occasion of the conclusion of the animal boarding contract.
A generally valid price list of the operator applies, which can be requested by the pet owner or viewed on the operator’s website.
In principle, every overnight stay is billed, whereby every day or part thereof is billed as a full day.
Should the pet owner bring the animal after the agreed start of the animal boarding contract or pick it up before the agreed pick-up date, the operator is still entitled to charge the full animal boarding amount.
§ 6 Damages
If the animal boarding contract is not concluded because the booked date is cancelled in writing by the pet owner, the operator is entitled to claim damage/cost for the failed accommodation, regardless of any fault on the part of the pet owner, as follows:
– up to 4 weeks before the start of the stay 0%
– up to 2 weeks to 4 weeks before the start of the stay 50%
– up to 5 days to 2 weeks before the start of the stay 75 %
– until day of the beginning of the stay up to 5 days before the start of the stay
as well as on the day of the start of the stay without notice from the pet owner
The amount of the compensation is based on the duration of the stay as well as the daily price valid at that time.
§ 7 Severability clause
Should one of the aforementioned provisions be invalid, this shall not affect the invalidity of the remaining provisions.
§ 8 Final clause
The place of jurisdiction is the District Court of Groß-Gerau.
These terms and conditions are displayed in the animal boarding house and will be handed over to the pet owner on request.
The pet owner confirms with his signature under the animal boarding contract or the accommodation of the animal with the operator that he has taken note of the terms and conditions and accepts them.
Trebur, December 2021