Terms and conditions

1. Scope

1.1

These terms and conditions apply to all contracts between EKAJ – proprietor Florian Klöß – and its customers for services in the following areas:

• mobile dog training,
• one-to-one training,
• consultations and introductory appointments,
• group training, where applicable,
• and dog walking and exercise services.

1.2

Depending on the service agreed, the special provisions below for the dog walking service or dog training also apply. If several services are agreed, the relevant special provisions apply alongside one another.

1.3

Individual agreements between EKAJ and the customer take precedence over these terms and conditions.

2. Formation of the contract

A customer’s enquiry does not generally constitute a binding offer or conclude a contract.

A contract between EKAJ and the customer is formed in particular when EKAJ:

• expressly confirms a booking or appointment,
• enters into a care or training agreement with the customer, or
• begins providing the agreed service on the basis of a corresponding agreement and with the customer’s consent.

Before the contract is formed, the customer must truthfully disclose all information known to them that is material to providing the agreed service. This includes, in particular, health conditions, behavioural issues, incompatibilities, aggressive behaviour, biting incidents and any other circumstances relevant to the dog’s care or training.

EKAJ must be informed without delay of any subsequent change in these circumstances.

3. General obligations of the customer

3.1

The customer must inform EKAJ in particular about:

• illnesses and health restrictions affecting the dog,
• pain or injuries,
• allergies,
• required medication,
• infectious diseases,
• parasite infestation,
• aggressive behaviour,
• known biting incidents,
• fear and escape behaviour,
• pronounced hunting behaviour,
• incompatibility with people or other dogs,
• and any other matters relevant to training or care.

Changes must be reported to EKAJ without delay.

3.2

Valid dog owner’s liability insurance must remain in place for the participating or cared-for dog throughout the contract.

The customer must ensure that the insurance does not exclude the agreed use or care. Evidence must be supplied on request.

3.3

The customer remains the animal keeper within the meaning of section 833 of the German Civil Code (BGB), including during care or training. Any statutory liability of EKAJ, particularly as an animal supervisor under section 834 BGB, remains unaffected.

4. Dog training

4.1 Service

EKAJ provides individual, everyday-oriented dog training. Training may include in particular:

• initial and advisory consultations,
• one-to-one training,
• mobile training in the home environment,
• training in public spaces,
• encounter and everyday-life training,
• lead walking,
• recall training,
• orientation towards the handler,
• training relating to unwanted behaviour,
• and other individually agreed content.

The location, duration and content of each training session are agreed individually.

4.2 No guaranteed outcome

The subject of the contract is the professional provision of the agreed training and advisory service.

The outcome of dog training depends on many individual factors, including:

• the dog’s individual characteristics and behaviour,
• its history and previous learning experiences,
• the customer’s conduct, cooperation and implementation,
• the frequency and consistency with which measures taught during training are implemented between appointments,
• and the external circumstances and environment.

EKAJ undertakes to provide the agreed training professionally, but does not promise a particular or lasting training outcome.

4.3 Customer cooperation

During training, the customer must follow the trainer’s instructions where these serve the safe and proper conduct of the session.

If an exercise is clearly unsafe for the customer or dog, or the customer is uncomfortable with it, the trainer must be told immediately.

4.4 Training location

Training may take place in particular:

• at the customer’s home,
• on public paths and spaces,
• in green spaces,
• in urban surroundings,
• on private land with the necessary permission,
• or at another agreed location.

The customer must comply with local rules and orders, including applicable lead requirements.

5. Requirements for dog training

5.1

Before training begins, the customer must inform EKAJ about all safety-relevant behaviour, especially:

• biting incidents,
• threatening behaviour,
• aggression towards people,
• aggression towards dogs,
• severe lead aggression,
• escape behaviour,
• hunting behaviour,
• or other significant behavioural issues.

5.2

EKAJ may stop or adapt a session if it cannot be conducted safely.

A stop for safety reasons does not automatically release the customer from payment where the reason falls within the responsibility of the customer or dog and EKAJ was not aware of the circumstances beforehand.

The customer’s statutory rights remain unaffected.

5.3

Dogs that are ill or have an infectious disease may not generally participate in sessions with other dogs. EKAJ must be informed of illnesses in advance of one-to-one training.

6. Accompanying persons and children

6.1

Accompanying persons may attend training by prior agreement. The customer must inform them of the applicable safety rules.

6.2

Parents or other persons responsible for supervision retain responsibility throughout the session for minors accompanying customers or other participants.

Providing dog training does not mean that EKAJ supervises or cares for children who are present. EKAJ’s statutory duties and liability in connection with the safe conduct of training remain unaffected.

6.3

For safety and proper training, EKAJ may require children or other accompanying persons to keep their distance or not accompany particular exercises.

7. Off-lead work during dog training

A dog will be taken off lead only if:

• the customer agrees,
• the trainer considers the situation professionally suitable,
• the dog appears sufficiently controllable on the basis of the assessment to date,
• and no legal or local rules prevent it.

The parties’ statutory responsibilities remain unaffected if a trainer recommends taking a dog off lead for an exercise.

The customer is not obliged to take their dog off lead against their own assessment. The trainer may require the dog to be put back on lead at any time.

8. Dog training prices

Fees are based on the price list agreed or communicated to the customer when the contract is formed.

Where EKAJ applies the small-business exemption under section 19 of the German VAT Act, VAT is not shown separately.

Packages apply to the agreed number of sessions. If a validity period is agreed, it will be communicated before the contract is formed.

9. Cancellation of dog training appointments

9.1

Individual appointments may be cancelled or rescheduled free of charge up to 48 hours before they begin.

9.2

For cancellation less than 48 hours but at least 24 hours before the appointment, EKAJ may charge 50% of the agreed fee as liquidated compensation.

9.3

For cancellation less than 24 hours before the appointment or failure to attend, EKAJ may charge 80% of the agreed fee as liquidated compensation.

9.4

The customer may prove that no loss or a substantially lower loss occurred. EKAJ may prove a higher loss actually incurred.

9.5

If EKAJ cancels a training appointment, a replacement will be offered. If no replacement can be agreed, payments already made for that appointment will be refunded or the appointment will not be deducted from a package.

10. Dog walking service

The dog walking service generally includes:

• collecting the dog,
• transport to the walking area,
• a group walk,
• return transport,
• and returning the dog to the agreed location.

Full-day, overnight or holiday care is not part of the regular service.

11. Requirements for the dog walking service

The dog must satisfy the health and behavioural requirements agreed before admission.

Dogs with infectious diseases or acute parasite infestation cannot be cared for. Bitches in season are generally excluded from group walks unless expressly agreed otherwise.

EKAJ may temporarily or permanently exclude a dog from group care if safe and animal-welfare-compliant care of that dog or the rest of the group cannot be ensured.

12. Collection, transport and return

EKAJ collects the dog at the agreed location and returns it after care. Exact collection and return times are not owed unless expressly agreed.

Dogs are transported using suitable restraint systems or transport crates.

Wet or dirty dogs will be roughly dried where possible. Complete cleaning or grooming is not part of the service.

13. Duration and conduct of group walks

The shared walking time is generally approximately 60 to 90 minutes.

For the dogs’ protection, the duration may be reasonably adjusted in particular in the event of:

• extreme heat,
• extreme cold,
• storms,
• thunderstorms,
• icy conditions,
• health concerns,
• or comparable hazards.

The customer’s statutory claims in the event of substantial or complete non-performance remain unaffected. There is no entitlement to a permanently unchanged group composition.

14. Off-lead walking

A dog will be walked off lead only if:

• the customer has expressly permitted it,
• EKAJ considers the dog suitable,
• the situation makes off-lead walking appear responsible,
• and local and statutory rules permit it.

EKAJ may put the dog on lead at any time for safety reasons.

15. Veterinary emergencies

In the event of significant health concerns, EKAJ will try to contact the customer immediately.

If the customer cannot be reached in time and veterinary treatment appears necessary to protect the dog, EKAJ may take the dog to a suitable veterinary practice or clinic.

The customer generally bears the necessary veterinary costs. This does not apply to the extent that EKAJ is legally responsible for the cause of those costs.

EKAJ may charge €30.00 for each hour or part thereof of necessary additional time. This additional fee does not apply where the veterinary visit became necessary because of a damaging event for which EKAJ is responsible.

16. Dog walking subscription model

The regular dog walking service is generally provided as a monthly subscription with fixed care days.

The monthly fee covers both regular care and binding reservation of the agreed place.

If the dog cannot participate on an agreed day for a reason within the responsibility of the customer or dog, EKAJ’s entitlement to payment generally remains.

This applies in particular to the customer’s holiday or other absence, a bitch being in season, illness of the dog or private scheduling conflicts.

Expenses saved and alternative use of the vacant place will be taken into account in accordance with statutory rules.

17. Business holidays and cancellations

17.1

Up to six non-operating weeks per year are accounted for in the calculation of the monthly fee. They may be used in particular for holidays or professional development. Planned closures will be communicated as early as possible.

17.2

Regular care does not generally take place on public holidays at the place of performance. These days are accounted for in the monthly fee.

17.3

If EKAJ cannot provide an agreed care appointment outside the closures or public holidays already accounted for, and no equivalent substitute is offered, the customer will receive an appropriate pro-rata credit or refund.

18. Payment

The agreed monthly dog walking fee is due no later than the third calendar day of each month.

Training appointments and other individual services are due in accordance with the agreed payment method.

Statutory rules apply to late payment. Once the customer is in default, EKAJ may claim statutory default interest and any further loss caused by the delay.

19. Liability

19.1 EKAJ’s general liability

EKAJ has unlimited liability:

• for intent and gross negligence,
• for damage arising from injury to life, body or health caused by an intentional or negligent breach of duty,
• and in other cases of mandatory statutory liability.

19.2

For a slightly negligent breach of a material contractual obligation, EKAJ is liable for foreseeable loss typical of the contract. Material obligations are those whose fulfilment makes proper performance possible and on which the customer may regularly rely.

19.3 Responsibility of the animal keeper

The customer’s statutory liability as animal keeper, particularly under section 833 BGB, remains unaffected.

If the dog causes damage to:

• other people,
• other dogs or animals,
• property,
• vehicles,
• transport crates,
• training equipment,
• or other belongings,

liability is governed by statute. Any statutory responsibility or contributory fault of EKAJ remains unaffected.

19.4 Dog training

During training, the customer generally handles and supervises their dog unless EKAJ expressly assumes temporary control.

The customer remains responsible for controlling and supervising the dog, including where an exercise is carried out on EKAJ’s recommendation or instruction.

This does not exclude EKAJ’s statutory responsibility for incorrect training instructions, culpable breaches of duty or other fault of its own.

19.5 EKAJ taking charge of the dog

If EKAJ temporarily assumes control or supervision during a training session or dog walking service, statutory liability rules apply. Any responsibility of EKAJ as animal supervisor under section 834 BGB remains unaffected.

19.6 Typical risks

Despite careful performance, dog training and dog walking involve typical risks that cannot be entirely avoided. These may include in particular:

• injury while playing or running,
• conflict between dogs,
• tick or insect bites,
• dirt,
• trips or falls,
• and other typical risks of handling dogs and spending time outdoors.

EKAJ is liable in these respects only in accordance with statute and the provisions above.

19.7 Accompanying persons

Parents or other persons responsible for supervision retain responsibility throughout the session for minors accompanying customers or other participants.

Providing dog training does not mean that EKAJ supervises or cares for children who are present. EKAJ’s statutory duties and liability in connection with the safe conduct of training remain unaffected.

19.8 Items brought to EKAJ

Statutory liability rules apply to items brought by the customer or entrusted to EKAJ, including leads, harnesses, collars, clothing and accessories. Customers are advised not to provide unnecessary valuables.

20. Keys and access to the home

Keys and access information are used solely to provide the agreed service. EKAJ undertakes to keep them carefully.

Statutory liability rules apply to loss, damage and resulting loss.

21. Term and cancellation of dog walking subscriptions

Where a subscription has been agreed, the minimum term and cancellation arrangements set out in the care agreement apply.

After an agreed minimum term has expired and the agreement has renewed for an indefinite period, it may be cancelled with no more than one month’s notice.

Both parties retain the right to terminate without notice for good cause.

22. Data protection

Personal data is processed in accordance with applicable data protection law and EKAJ’s current privacy notice.

Data is disclosed to or processed by third parties only where:

• necessary to perform the contract,
• required by law,
• supported by another legal basis,
• or the customer has given valid consent.

23. Photographs and video recordings

These terms alone do not authorise the use of photographs or videos of customers or accompanying persons for advertising.

Where consent is required for the website, social media or advertising, it will be obtained separately. Consent is voluntary and is not a condition of using EKAJ’s services.

Data-protection consent may be withdrawn with effect for the future.

24. Right of withdrawal

If a contract is concluded with a consumer at a distance, for example online, by email or telephone, or away from business premises, a statutory right of withdrawal may exist.

If the customer expressly asks EKAJ to begin providing a service before an applicable withdrawal period has expired, the statutory requirements for early performance and any compensation payable apply.

25. Final provisions

Individual agreements between the parties take precedence over these pre-formulated contractual terms and conditions.

Amendments and additions are made in text form for evidential purposes.

If a provision of the contract is or becomes wholly or partly invalid, the remainder of the contract remains effective. The invalid provision is replaced by the applicable statutory provisions.

If a provision of these terms is or becomes invalid, the remaining provisions generally remain effective.

German law applies, subject to mandatory consumer protection rules.