Terms and Conditions

Terms and Conditions of Use

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1. Definitions

 

The Park Operator: Mr. A. Harper and Mrs. C. Harper trading as Poundon Pastures, providing secure dog walking facilities. 

The Park: The fenced area at Hill View Farm, Poundon, used exclusively for off-lead dog exercise.

The Hirer: The individual or entity paying for exclusive use of The Park.

The Premises: Hill View Farm, Poundon, Bicester, OX279BB, the site where The Park is located.

The Site: Includes all areas at Hill View Farm related to Poundon Pastures, including entrance, car park, and The Park.

Guests: Individuals accompanying The Hirer or using The Park on behalf of The Hirer.

The Booking: The specific time slot booked by The Hirer for exclusive use of The Park.

 

2. Service Outline

 

The Hirer agrees to pay a fee for the exclusive use of The Park for a one-hour period. Multiple consecutive bookings may be made subject to availability. A maximum of 6 dogs may be exercised during The Booking unless by prior arrangement and permission from the Park Operator. The dogs present must remain consistent throughout the duration of the booking. The Park is strictly for exercising dogs. Any other use, including commercial activities, requires prior consent from The Park Operator.

The maximum number of people permitted on The Site is 6 unless otherwise agreed with The Park Operator. Children under 18 must be supervised at all times by an adult aged 18 or over at all times.

 

3. Arrival and Departure

 

The Hirer must arrive promptly and wait in the designated area until their booking time begins. A gate access code will be sent one hour before the booking. The Hirer must not share this code or allow unauthorised access to The Park. Any unauthorised sharing of the gate access code will result in immediate termination of the booking without refund. The Hirer must vacate The Park promptly at the end of their booking, regardless of any delays or interruptions. 

 

4. Cleanliness and Security

 

The Hirer is responsible for picking up and disposing of all dog waste into the bins provided. Any general waste must be taken home by The Hirer.

Smoking, BBQs, and other fire hazards are strictly prohibited on The Premises.

The Park Operator reserves the right to enter The Park at any time during bookings and may terminate access without notice for any breach of these terms.

 

The Hirer is strictly responsible for the collection and proper disposal of all dog waste during their booking. Any failure to collect and dispose of dog waste appropriately will result in an immediate ban from The Park and The Site, with no entitlement to a refund. Repeated or severe breaches of this requirement may also result in a permanent ban and the suspension or termination of any future bookings. The Park Operator reserves the right to take additional legal or financial action to recover the costs of cleaning and any associated damages caused by such negligence.

 

5. Health & Safety

 

The Hirer is fully responsible for the health and safety of their dogs and must ensure they are vaccinated, wormed, and free from contagious illnesses.

The Hirer must supervise their dogs at all times and carry appropriate insurance.

 

6. Booking Policy

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All bookings must be paid in advance online. Bookings are non-refundable except in the event of cancellation by the Park Operator. However, rescheduling may be requested up to 48 hours before the session start time, subject to availability and at the sole discretion of the Park Operator. This policy applies even in cases where unforeseen circumstances, such as illness or emergencies, affect the Hirer's ability to attend. Bookings made within 48 hours of the session start time are not possible to reschedule. 

In the event of cancellation by the Park Operator for reasons including operational requirements, safety concerns, or Force Majeure, the Hirer will be offered the option of a full refund or rescheduling to a mutually agreeable time. The Park Operator shall not be liable for any other costs, expenses, or damages incurred by the Hirer as a result of the cancellation. 

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7. Account and Booking Restrictions

The Park operators reserve the right to prevent any user from creating an account or making a booking on the website. The Park operators also reserve the right to suspend or terminate any account or future bookings under the following circumstances:

1. Breach of Terms: If the user is found to have breached any of the terms and conditions of the website or of their booking or engaged in conduct that is illegal, harmful, or otherwise inappropriate.

2. Misuse of Services: If the user has attempted to misuse the services offered on the website, including but not limited to providing false information, attempting fraud, or engaging in behaviour that disrupts normal website or business operations

3. Compliance with Legal Obligations: If necessary to comply with any legal obligation or to protect the safety and rights of the Park, its staff, or other users.

In such cases, the Park operators may, at their discretion, suspend or terminate an account or prevent future bookings. Users may be notified of any action taken, and where appropriate, the reasons for such actions will be provided. However, the Park operators are not obliged to provide notice or reasons in all cases.

 

8. Public Liability and Assumption of Risk 

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The Park Operator shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits or goodwill, arising from the Hirer's use of The Park or The Site, except where such liability arises from gross negligence, willful misconduct, or a breach of statutory duty by the Park Operator. In all other cases, the Park Operator's liability shall be limited to the amount paid by the Hirer for the specific booking in question, regardless of the nature of the claim, whether in contract, tort, or otherwise.

The Hirer acknowledges that the use of The Park and The Site, including off-lead dog exercise, carries inherent risks. These risks include, but are not limited to, injury, death, property damage, natural hazards, and interactions with other animals or persons. By entering The Site and using The Park, the Hirer voluntarily assumes all such risks, both known and unknown. The Hirer further agrees that the Park Operator, its owners, employees, agents, and affiliates shall not be liable for any injuries, damages, or losses sustained by the Hirer, their Guests, or their dogs while on The Site, except in cases of gross negligence or willful misconduct by the Park Operator.

The Park Operator strongly advises the Hirer and Guests to maintain adequate insurance coverage for their dogs.

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9. Responsibility for Guests and Legal Fees

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The Hirer shall be fully responsible for their own actions and the actions of any Guests or individuals accessing The Site in connection with The Hirer's booking. The Hirer must ensure that all Guests are aware of and comply with these Terms and Conditions. Any breach of these Terms and Conditions by Guests shall be deemed a breach by The Hirer, who shall be fully liable for any resulting damages, losses, or legal costs.

In the event of any disputes, claims, or legal actions arising out of or related to the actions of The Hirer or their Guests, the Hirer agrees to indemnify and hold harmless the Park Operator from any and all liabilities, damages, costs, and expenses, including, but not limited to, reasonable legal fees and court costs. This indemnification obligation shall apply irrespective of whether the dispute or claim is settled in or out of court.

This agreement, and any disputes or claims arising out of or related to its formation or execution (including non-contractual disputes or claims), shall be governed by and construed in accordance with English law.

 

10. Consequences of Breach

Any breach of these Terms and Conditions by The Hirer or their Guests shall result in immediate termination of access to The Park and The Site, without refund or compensation. The Park Operator reserves the right to take any additional actions deemed necessary, including but not limited to seeking financial compensation for any damages, losses, or costs incurred as a result of the breach.

The Hirer shall be fully liable for any damage to The Park, The Site, or any associated property caused by the breach. The Park Operator reserves the right to pursue all legal remedies available, including but not limited to, claims for direct, indirect, and consequential damages. The Hirer shall also be responsible for any legal fees, court costs, or other expenses incurred by The Park Operator in enforcing these Terms and Conditions or pursuing remedies for the breach.

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11. Additional Terms

 

The Hirer must not cause any nuisance or damage to The Park or neighbouring properties.

 

The Park Operator reserves the right to charge for any damage caused by The Hirer or their dogs and to terminate current or future bookings without refund for any serious breaches.

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12. Collection and Use of User Data

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By using The Site and making a Booking, The Hirer consents to the collection, storage, and use of their personal data by The Park Operator for purposes related to the operation and management of The Park. This data may include, but is not limited to, contact information, booking details, and any communications with The Park Operator.

The Park Operator is committed to protecting the privacy of The Hirer and will handle all personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and any other relevant legislation. The Hirer’s personal data will not be shared with third parties without explicit consent, except where required by law or where necessary for the performance of the services provided.

The Hirer has the right to access, correct, or request the deletion of their personal data held by The Park Operator at any time. Requests should be made in writing to The Park Operator. The Park Operator reserves the right to retain certain information where necessary to comply with legal obligations, resolve disputes, or enforce these Terms and Conditions.

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13. Failure to comply 

Failure to comply with these terms may result in the suspension or termination of the Hirer’s access to The Site without refund or compensation. To the fullest extent permitted by law, the Park Operator shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business, loss of goodwill, or any other losses arising out of or in connection with the Hirer's use of The Park, The Site, or any services provided by the Park Operator. This limitation applies regardless of whether such damages were foreseeable or arise from a breach of contract, negligence, or any other legal theory, and even if the Park Operator has been advised of the possibility of such damages.

The Hirer acknowledges and agrees that their use of The Park and The Site is entirely at their own risk. The Park Operator's liability shall be strictly limited to the amount paid by the Hirer for the specific booking in question, regardless of the nature of the claim, whether in contract, tort, or otherwise.

 

14. Amendments

 

The Park Operator reserves the right to amend these terms and conditions at any time. In the event of any material changes that may significantly impact the Hirer, the Park Operator will provide notice by email, social media or through the website. Continued use of The Park following such notice shall constitute acceptance of the amended terms. If the Hirer does not accept the changes, they may terminate their agreement by providing notice to the Park Operator and shall be entitled to a pro-rata refund of any prepaid fees