Terms and conditions

Welcome to Effie’s Woofies!

1. Interpretation:

1.1. Any reference to a law, legal or regulatory provision means such law or provision as amended or revised. 1.2. Effie’s Woofies and the Client are hereinafter referred to as the “Parties”. 1.3. Article headings are for convenience only and solely for the purpose of facilitating the reading of these general and specific conditions; therefore, they cannot in any way be used for the interpretation of these general or specific conditions. 1.4. A provision of these general conditions shall not be interpreted against a Party solely on the grounds that such Party (or its legal counsel) drafted or stipulated it. 1.5. Taking into account, in particular, Articles VI.82 et seq. of the Economic Law Code and Article 5.52 of the Belgian Civil Code, each Party acknowledges that it had the opportunity to negotiate each article of these general conditions with the other Party on an equal footing, and that it has accepted each article clearly understanding its content and its effects, while considering these effects to be fair, balanced, and appropriate in the context of the overall contractual relationship and the balance between the Parties.

2. Scope of application

2.1. These general terms and conditions (hereinafter referred to as the “General Terms and Conditions”) apply to the commercial relationship between Effie’s Woofies and the client. 2.2. No deviation from these General Conditions shall be valid without prior written confirmation from each Party, and these General Conditions remain applicable to all terms for which there has not been an explicit derogation in the Specific Conditions stated below. 2.3. The Client acknowledges having read these General Terms and Conditions and declares accepting them in their entirety. 2.4. Unless otherwise stipulated, these General Terms and Conditions apply to any subsequent amendment(s) and/or contract(s) and/or subsequent order(s) for Service.

3.Formation and Purpose of the Contract

3.1. In accordance with the General and Special Conditions (hereinafter together the “Contract”), Effie’s Woofies provides Services, as defined in the Special Conditions, to the Customer, who accepts. 3 2. The commitment of the Client is firm and final upon signing these terms. 3.3. Effie’s Woofies commits solely to what is expressly determined within the Contract, excluding all other services. 3.4. Even after the conclusion of the Contract, any information indicating unsatisfactory solvency on the part of the Client authorizes Effie’s Woofies either to terminate the Contract or to execute it only after the establishment of specific guarantees.

4. Ordering Services

4.1. The Client must place an order for Services at least 10 days before the effective date of service provision.
4.2. In case of emergency, the Client may order Services within a shorter timeframe than specified in Article 4.3. In this case, Effie’s Woofies will accept or reject the ordered Services based on availability and may propose specific conditions to the Client. 4.3.Services can be ordered by WhatsApp communication on the following number: 0032483586628 with the following details: (i) arrival and departure dates (ii) arrival before 12:00 pm or departure after 2:00 pm (iii) whether or not the taxi service is required (iv) name, age and breed of dog, (v) any behavioral problems (e.g., ggression towards specific groups), any pre-existing health conditions (e.g. heart problems, dysplasia etc.) and (vi) any other necessary or useful information for Effie’s Woofies in providing the Services. 4 4. When the Services to be provided involve Effie’s Woofies’ presence on the Client’s property, the Client shall communicate all necessary and useful information to Effie’s Woofies. The Client shall also explicitly specify if other animals are present on the premises, if an alarm is active, and any precautions that Effie’s Woofies should take. 4.5. Each customer provides the following information when ordering Services: address, Client’s name, and surname. 4.6. No Service may be ordered by a Client for an un-neutered male dog over 11 months of age, nor for females in heat. By signing this Contract, the Client explicitly declares that the dog entrusted to Effie’s Woofies is neither an uncastrated male dog older than 11 months nor a female in heat. 4.7. Effie’s Woofies reserves the discretionary right to refuse any dog in general and specifically any dog trained for biting or fighting.
5. Dog Reception

5.1. Dogs are received and picked up between 8:30 a.m. and 8:30 p.m. at “Minneweg 18, 1910 Kampenhout” or alternatively at the Clients home if the Client wishes to use the taxi service. 5.2. Upon receiving the dog, the Client provides Effie’s Woofies with the animal’s up-to-date vaccination record for which Services have been ordered, as well as a sufficient quantity of food (of market-standard quality) to meet the dog’s needs for the entire planned duration of the Services. 5.3. The Client hereby declares that any animal delivered to Effie’s Woofies (i) regularly takes anti-parasitic medication and, to their knowledge, the animal is not affected by any parasites, (ii) is up to date with mandatory vaccinations, including vaccination against kennel cough, and (iii) shows no signs of any illness. 5.4. Upon reception, the Client agrees that Effie’s Woofies may independently assess whether the animal is capable of participating in scheduled walks and other activities. If necessary, the Client authorizes Effie’s Woofies to adjust the ordered Services to ensure the safety and well-being of all animals. 5.5. Upon receiving the dog, the Client explicitly and unreservedly authorizes Effie’s Woofies to take their animal to a veterinarian if Effie’s Woofies deems it necessary. In this case, the Client will exclusively bear all fees and other expenses advanced by Effie’s Woofies upon presentation of the veterinarian’s invoices and diagnosis. Additionally, administrative fees of €50.00 excluding VAT per hour will be charged by Effie’s Woofies to the Client. 5.6. At the latest upon reception, the Client provides an accurate and up-to-date emergency contact list. 5.7. Every animal received by Effie’s Woofies will undergo a professional evaluation by Effie’s Woofies, which will be charged at €50.00. Following this evaluation, Effie’s Woofies reserves the discretionary right to refuse the animal in question or to propose specific Services based on the animal’s needs. 5.8. Unless explicitly stated otherwise in the Specific Conditions, the Client authorizes Effie’s Woofies to walk their animal off-leash in locations deemed appropriate by Effie’s Woofies.

6. Price and deposit

6.1. The amount due from the Client for the provision of Services (the “Price”) is specified in the Specific Conditions. 6.2. The Price is payable in full the latest at the time the dog is received by Effie’s Woofies, in cash, via Payconiq, or by bank transfer to the following account number: BE91 0019 4387 7976, held in the name of Eftychia Michopoulou at BNP Paribas Fortis bank. 6.3. In the event of subsequent orders for Services in accordance with Article 4 of these General Terms and Conditions, Effie’s Woofies will inform the Client of any changes in the pricing of the Services. 6.4. Deposits paid do not accrue interest. 6.5. In case of non-payment of the Price, Effie’s Woofies reserves the right to suspend, in whole or in part, the provision of its services, including the provision of Services. In such cases, administrative fees may be charged to the Client. 6.6. Any claim regarding invoices issued by Effie’s Woofies must be substantiated and notified to Effie’s Woofies no later than 10 (ten) calendar days from the date of issuance of the invoice. 6.7. In case of late or non-payment of any invoice, the Client shall automatically owe, without prior notice, a fixed and conventional late payment interest of 5% upon maturity. 6.8. When the Client requests a taxi service for their dog or in general when the provision of Services involves travel, a fee of 10€ + 40 cents per kilometer will be charged to the Client in addition to the fees related to the Services.

7. Duration

7.1. This Contract is a framework agreement and is concluded for an indefinite duration. 7.2. The Services are first performed by Effie’s Woofies for the duration specified in the Specific Conditions and for any subsequent orders of Services in accordance with Article 4 of these General Conditions. 7.3. If this Contract is signed by the Client and Effie’s Woofies on different dates, the Contract is deemed to be concluded on the later of the two dates. If no signing date is indicated in this Contract, its conclusion date is deemed to be the first date on which the Services are provided. 7.4. The animal is to be retrieved by the Client upon completion of the Services. In the event that the animal is not retrieved by the Client, Effie’s Woofies may transfer the animal to an animal protection society (or shelter), and all related costs will be due by the Client.

8. Limitations of liability

8.1. Unless otherwise agreed in writing by Effie’s Woofies or required by law to the contrary, the commitments made by Effie’s Woofies are obligations of means. Therefore, the Client declares that Effie’s Woofies shall not be held responsible in case of injury or death of the animal. 8.2. Effie’s Woofies cannot be held responsible for the consequences of any failure or delay in the performance of its obligations when such failure or delay arises from circumstances beyond its control, such as force majeure or fait du prince. The Parties explicitly agree to consider that a new health crisis linked, for example, to SARS-CoV-2 or a crisis directly or indirectly linked to armed conflicts in Eastern Europe constitutes a force majeure event. 8.3. Effie’s Woofies also declines all responsibility for the consequences of any decision taken by the Client without having informed Effie’s Woofies. 8.4. In the event of damage, bites or injuries inflicted or caused by the Client’s animal, the Client will be held responsible and must pay the costs. The Client remains the guardian of his/her animal, even while the Services are being performed. 8.5. Effie’s Woofies shall not be held responsible for the health of the animals entrusted to it. In this regard, Effie’s Woofies’ responsibility is strictly limited to having the animal examined by a veterinarian in case of suspicious signs and to follow any necessary medical prescriptions, at the expense of the Client. 8.6. Effie’s Woofies cannot be held responsible for faults committed by third parties or other parties involved in the execution of the Services. 8.7. In the event of damage caused to third parties or the Client due to the faulty involvement of different parties, including Effie’s Woofies, the liability of Effie’s Woofies shall be strictly limited to the damage caused exclusively by its fault and in proportion to its share compared to the other parties involved, without joint or several liability. 8.8. In the event that Effie’s Woofies causes damage to a third party, the Client, or their animal, its liability is in all cases limited to direct and foreseeable damage, excluding any indirect damage, such as loss of profit, loss of enjoyment, moral damages, as well as any other indirect damage. Effie’s Woofies’ obligation to compensate for the damage is expressly limited to the coverage limit of Effie’s Woofies’ insurance policy, as agreed upon between the Client and Effie’s Woofies. 8.9. The Client is solely responsible for the accuracy of the information provided to Effie’s Woofies. Effie’s Woofies’ liability cannot be engaged in the event of false statements at the time of signing the Contract.

9. Assignment – Subcontractring

Effie’s Woofies may assign or subcontract all or part of the rights and obligations arising from the Contract concluded with the Client, only with the Client’s consent.

10. Cancelation Policy

10.1. The Client is requested to give at least 8 days’ notice for any cancellation of Services in general, and at least 11 days’ notice during holiday periods. 10.2. Cancellations made within the aforementioned period will not incur any fees for the Client. However, in the event of cancellation with insufficient notice, the following fees will apply:

In case of standard booking of Dositting Services:
– 24 hours or less notice: 100% of the total amount will be charged.
– 48 hours’ notice: 100% of the total amount will be charged.
– 72 hours’ notice: 80% of the total amount will be charged.
– 96 hours’ notice: 50% of the total amount will be charged.
– 5 days’ notice: 20% of the total amount will be charged.
– 6 days’ notice: 15% of the total amount will be charged.
– 7 days’ notice: 10% of the total amount will be charged.

In the event of booking Dogsitting Services during holiday periods (i.e., Halloween, All Saints’ Day, Christmas, New Year, Carnival, Easter, legal holidays in Belgium, and the months of July and August):
-24 hours or less notice: 150% of the total amount will be charged.
-48 hours’ notice: 100% of the total amount will be charged.
-72 hours’ notice: 80% of the total amount will be charged.
-96 hours’ notice: 50% of the total amount will be charged.
-5 days’ notice: 30% of the total amount will be charged.
-6 days’ notice: 25% of the total amount will be charged.
-7 days or less notice: 25% of the total amount will be charged.
-8 days’ notice: 20% of the total amount will be charged.
-9 days’ notice: 15% of the total amount will be charged.
-10 days’ notice: 10% of the total amount will be charged.

In the event of a standard booking of Dogwalking Services:
-24 hours’ notice: 100% of the total amount will be charged.
-48 hours’ notice: 100% of the total amount will be charged.
-72 hours’ notice: 50% of the total amount will be charged.
-96 hours’ notice: 20% of the total amount will be charged.
In the event of booking Dogwalking Services during holiday periods (i.e., Halloween, All Saints’ Day, Christmas, New Year, Carnival, Easter, legal holidays in Belgium, and the monts of July and August):
-24 hours’ notice: 100% of the total amount will be charged.
-48 hours’ notice: 100% of the total amount will be charged.
-72 hours’ notice: 50% of the total amount will be charged.
-96 hours’ notice: 20% of the total amount will be charged.

10.3. In case of emergency demonstrated by the Client, for example with a veterinarian’s certificate, Effie’s Woofies reserves the discretionary right to deviate from this article. 10.4. Cancellation fees are due within 14 days following the cancelled Service and must be paid in accordance with article 6.2 with the following communication: “Cancellation followed by the date(s) of cancellation.” 10.5. If the Client wishes to terminate the 1-year walking contract, they agree to pay a franchise of one month’s fee ahead, in addition to the fee for the month in which the cancellation takes place. 10.6. The client agrees to promptly communicate any changes or cancellations to the ordered Services. The preferred method of communication is WhatsApp at the following number: 0032483586628. 10.7. If the Client decides on their own initiative to retrieve their dog before the end of the Services, the Client will not be entitled to a price reduction.

11.Insurance

11.1. Effie’s Woofies has taken out a contract covering its civil and professional liability. The insurances taken out by Effie’s Woofies shall not be implemented in case of false declarations by the Client, including but not limited to the animal’s health condition, vaccinations, tattoos, and medical history. 11.2. Injuries and damages caused by the Client’s animal are the responsibility of the Client. 11.3 The Client, who must have liability insurance for their animal, remains responsible for any potential damages caused by their animal during the provision of the Services, except in cases of gross negligence recognized by a Court and attributable to Effie’s Woofies.

12.Cancellation

12.1. Effie’s Woofies may terminate the Contract immediately, without notice or compensation, in the following cases: (i) the Client has become insolvent or is at risk of becoming insolvent, (ii) the Client fails to comply with the provisions of this Contract, (iii) in cases of force majeure or unforeseen circumstances, or (iv) the Client has committed an act which, if known by clients of Effie’s Woofies, its suppliers, or any other person in a business relationship with Effie’s Woofies, would have a significant and adverse impact on its activities.

13.Privacy Policy

13.1. Effie’s Woofies’ processing of the Client’s personal data aims to fulfill the Contract, manage client administration, promote and develop Effie’s Woofies’ Services, and establish personalized information and direct marketing campaigns. The Client may oppose, upon request and free of charge, the processing of their personal data for direct marketing purposes. 13.2. At any time, in accordance with Regulation (EU) 2016/679, known as the General Data Protection Regulation (GDPR), the Client has the right to access, control, and rectify their personal data free of charge. Any requests in this regard must be addressed via WhatsApp message to Effie’s Woofies at 0483586628.

14.Miscellaneous (a) Entire Agreement – Amendments

14.1. This Contract, consisting of the General Terms, Specific Terms, and appendices to the Specific Terms, cancels and replaces all prior agreements between the Parties, whether written or verbal, relating to the same subject matter.
14.2. This Contract, as well as any modification, termination, or waiver of any of its provisions, shall only be effective after being duly agreed upon in writing and signed by the Parties hereto. (b) Severability
14.3. The invalidity or unenforceability of any clause in the Contract shall not affect the validity or enforceability of the remaining clauses. In such case, the Parties undertake to replace the invalid or unenforceable clause with a valid clause that is economically closest to the invalid or unenforceable clause.
(c) Failure to Exercise a Right – Waiver – Exclusive Remedies
14.4. Any waiver by Effie’s Woofies of any part of these General Terms or Specific Terms at any given time shall not be interpreted as a waiver of such right or provision at any other time.
14.5. The Client explicitly waives any claim of tort liability against Effie’s Woofies and agrees in advance to only invoke contractual liability in its dealings with Effie’s Woofies.
(d) Costs
14.6. All costs and fees, expenses incurred by Effie’s Woofies in recovering debts from a defaulting Client, and any compensation due to Effie’s Woofies as a result of the Client’s failure to fulfill its contractual obligations under this Contract, shall be due by the Client.
(e) Applicable Law and Jurisdiction
14.7. This Contract, along with any documents to which it applies, shall be exclusively governed by Belgian law.
14.8. Any dispute arising from the formation, execution, or interpretation of this Contract that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the French-speaking courts of the judicial district of Brussels.