In these booking terms and terms of hire the following terms will have the following meanings:
- “Accommodation” – any accommodation included in the booking contract;
- “Agent”– CKD Galbraith LLP, a limited liability partnership registered in Scotland with registered number 300208 and having its registered office at 59 George Street, Edinburgh EH2 2JG acting as agent for the Owner;
- “Booking” – the hire of the Sporting Rights and the Accommodation (if any) for the period specified in the booking contract;
- “Booking contract” – the contract between the Owner and the Hirer comprising these booking terms and terms of hire and the Tenancy Agreement (even if not signed by the Hirer);
- “Deposit” – 50% of the total hire charge or such lesser figure as the Agent specifies;
- “Hirer”- the person or persons entering into the booking contract with the Owner;
- “Hirer’s party”- all persons included in the booking including those that may be substituted at a later date;
- “Hire charge” – the amount payable for the hire of the Sporting Rights and Accommodation (if any) as specified in the Tenancy Agreement;
- “Hire property”- the Sporting Rights and the Accommodation (if any) described in the Tenancy Agreement;
- “Hire property description” – the description of the Sporting Rights and the Accommodation (if any) in the Agent’s brochure, on the Agent’s website and in the Tenancy Agreement;
- “Owner”- the owner or owners of the Sporting Rights and the Accommodation (if any); “Owner’s staff”- all employees and agents of the Owner involved in the provision of services included in the booking;
- “Sporting Rights” – the stalking and/or fishing and/or shooting rights described in the Tenancy Agreement;
- “Stalker” – the person nominated by the Owner to accompany the Hirer and any member of the Hirer’s party who are engaged in stalking; and “Tenancy Agreement” – the agreement for the hire of the Sporting Rights and the Accommodation (if any) to be entered into between the Owner and the Hirer.
2. Booking Enquiries
By telephone: a Hirer can phone 01738 451600 to check availability and reserve and pay for a hire property. By email or post: a Hirer can check availability by emailing firstname.lastname@example.org or writing to us at: CKD Galbraith LLP, Lynedoch House, Barossa Place, Perth PH1 5EP Website: late availability holidays can be found on the Agent’s website www.sportinglets.co.uk.
A reservation of a hire property only becomes a confirmed booking when payment of the deposit is received. If a booking is made more than 12 weeks before the start date of the booking, the deposit must either be paid when the hire property is reserved or within 7 days of the reservation. If payment of the deposit is not made within 7 days of the date of the reservation the reservation of the hire property will automatically be cancelled.
4. Balance of Hire Charge
The balance invoice is sent out 12 weeks prior to the booking. The balance of the hire charge is payable no later than 8 weeks before the start of the booking. The date by which the Agent needs to receive the balance of the hire charge is clearly stated on the acceptance of the booking. If a booking is made less than 12 weeks before the start of the booking then payment of the full hire charge is required within 7 days of the date the reservation of the hire property is made.
5. Methods of Payment
Payment can be made as follows:
- Debit or credit card – 2% of the sum being paid is charged on credit card payments.
- BACS transfer to: Galbraith Sporting Clients Account Bank of Scotland 2-6 Eastgate Inverness IV2 3NA
- Bank account number: 00306318 Sort code: 80-91-26 Iban no: IBAN GB61 BOFS 8091 2600 3063 18 Swift code: BOFSGB21125 Cheque drawn on a UK bank – made payable to Galbraith Sporting Clients Account.
- Banker’s draft – made payable to Galbraith Sporting Clients Account.
- Payments must be made in sterling. All bank charges are payable by the Hirer.
6. Authority to Sign
By completing the booking of the hire property the Hirer confirms that: he/she has the authority to accept these booking terms and terms of hire on behalf of the Hirer’s party to the effect that all persons using the hire property during the booking will be bound by and will implement the booking contract; he/she is over 18 years of age and is one of the persons who will be occupying the hire property during the booking; and he/she will be responsible for the Hirer’s party during the booking.
The Agent will not be required to accept a booking for a hire property from groups of single persons unless approved by the Agent in advance.
8. Good House Keeping Deposit
An Owner may require a good housekeeping deposit to be paid. This requirement is either identified in the hire property description or the Hirer will be advised when the booking is made. Any good housekeeping deposit is payable 12 weeks before the start date of the booking. Details to whom the good housekeeping deposit is payable to will be included in the Tenancy Agreement. Any good housekeeping deposit paid to the Agent will be banked when received and held in a separate non interest bearing account whether the good housekeeping deposit is paid by cheque or debit/credit card. The Agent recommends to the Owner that any good housekeeping deposit paid to the Owner is banked when received. If it is a requirement of the booking contract that a good housekeeping deposit is paid and it is not paid with the balance of the hire charge the Owner will be entitled to refuse the Hirer entry to the hire property. The Hirer will not be entitled to any refund of the hire charge in these circumstances. Any good housekeeping deposit will be returned to the Hirer by the Owner or by the Agent, if held by the Agent, within 10 days of the end of the booking less any deductions for any loss suffered by the Owner as a result of any Hirer’s breach of the booking contract. If the Hirer disputes any deductions, and the Agent hold the good housekeeping deposit, then the Agent will hold the disputed deduction until agreement is reached between the Owner and the Hirer.
9. Cancellations by the Hirer
Any cancellation must be made by phoning the Agent on 01738 451600 during office hours, 9am to 5.30pm Monday to Thursday and 9am to 5pm on Friday, and then confirmed in writing. If a Hirer cancels a confirmed booking the Hirer remains liable for payment of the balance of the hire charge if not already paid. On receipt of written confirmation of the cancellation the Agent will endeavour to re-let the hire property. If the Agent is successful, the Hirer will receive a full refund of the hire charge subject to the deduction of an administration charge of 15% plus vat of the hire charge and any other expenses incurred in re-letting the hire property including any incentives or discounts.
10. Cancellation by the Owner
10.1 If the Accommodation becomes unavailable for whatever reason, the Agent will endeavour to find the Hirer a suitable alternative. If no suitable alternative can be found or the Hirer does not wish to accept the offer of alternative Accommodation the Owner will refund the hire charge to the Hirer. No compensation or damages will be paid to the Hirer or any other costs reimbursed if the booking is cancelled. It is recommended that the Hirer arranges cancellation insurance cover.
10.2 It may be necessary for an Owner to cancel shooting or stalking due to adverse weather conditions. No refund of the hire charge will be made in these circumstances and no compensation or damages will be paid to the Hirer or any other costs reimbursed if any shooting or stalking is cancelled. It is recommended that the Hirer arranges insurance cover for cancellation due to adverse weather conditions.
10.3 Occasionally an Owner may cancel grouse shooting due to low stocks. If grouse shooting is cancelled the Agent will endeavour to find suitable alternative grouse shooting for the Hirer. If no suitable alternative can be found or the Hirer does not wish to accept the alternative offered then the Owner will refund the hire charge to the Hirer. No compensation or damages will be paid to the Hirer or any other costs reimbursed for cancellation of the booking.
10.4 Occasionally a river may be deemed to be unfishable. No refund of the hire charge will be made in these circumstances and no compensation or damages will be paid to the Hirer or any other costs reimbursed for cancellation of the booking.
The number of persons occupying the Accommodation or enjoying the Sporting Rights must not exceed the number stated in the hire property description. If the maximum number is found to exceed the permitted number, the Owner will be entitled to either cancel the booking and request the Hirer to leave the hire property immediately or to demand immediate payment of an additional charge. If the booking is cancelled or the additional payment is not made the hire charge will not be refunded and no compensation or damages will be paid to the Hirer or any other costs reimbursed.
12. Suitability of Hirer
The Owner may decline to hand over the Accommodation or permit access to the Sporting Rights if the Owner has justifiable grounds for considering the Hirer or any of the Hirer’s party unsuitable to occupy Accommodation or use the Sporting Rights. If any booking is cancelled for this reason the hire charge will be immediately refunded to the Hirer. The Hirer will not be entitled to any compensation or damages for cancellation of the booking or the refund of any other costs if the booking is cancelled for this reason.
13. Period of Hire
The hire property is let for the period specified in the Tenancy Agreement.
14. Equipment, Linen and fuel costs
The Accommodation is furnished and equipped for the number of persons permitted to occupy the Accommodation as stated in the Tenancy Agreement. Details of equipment in the hire property description were correct at the time the hire property description was prepared. The Accommodation is supplied with pillows and duvets or blankets and unless otherwise stated in the hire property description, all linen is included in the booking. All fuel is included in the booking unless specifically stated otherwise in the hire property description. If any type of fuel is excluded then the Hirer will make payment for fuel consumed to the Owner.
15. Accuracy of Hire Property Description
Whilst every effort is made by the Agent to ensure that the hire property description was accurate and all information was believed to be correct when the hire property description was prepared, the Agent will not be liable for any changes including those made by the Owner. Photographs of the hire property are for guidance only and the Agent does not guarantee that the photographs show all of the hire property or its location and surroundings, nor are necessarily fully up to date.
The hire property description will state whether dogs are permitted. If dogs are permitted, details must be provided when the hire property is reserved. The Hirer will be responsible for ensuring that all specific restrictions contained in the hire property description are complied with and that any dog is kept under strict control at all times. No dogs may be left unattended. The Hirer is responsible for removing all dog excrement from the hire property. Registered guide and support dogs belonging to those with visual and / or hearing impairments are allowed in the hire property. Details must be provided when the hire property is reserved. No other pets are permitted except with the prior written agreement of the Agent.
17. Water Supplies
Depending on the location of the Accommodation, it may have a water supply from peaty ground which can make the water very brown. If the Hirer is concerned about the water then the Agent recommends boiling water for drinking or using bottled water.
18. Hirers Obligations
The Hirer will;
- take good care of the Accommodation and its contents and leave the Accommodation and its contents in a clean and tidy condition;
- inform the Owner or the Owner’s employees of any damage or breakages and pay the Owner at the end of the booking for any breakages or damage to the Accommodation and its contents caused by the Hirer (reasonable wear and tear excluded);
- not permit the maximum number of occupants permitted at the Accommodation to be exceeded at any time including short stay guests.
- allow the Owner and the Agent (with or without workmen) access to the Accommodation at reasonable times and on reasonable notice (other than emergencies) for inspection purposes and to carry out any repairs or maintenance ( routine maintenance and repairs will not be carried out during the booking).
- not cause undue noise or disruption or become a nuisance to the occupants of any neighbouring properties; not use the Accommodation for any purpose other than that of a private holiday residence;
- not alter the Accommodation or its contents or remove any contents from the Accommodation;
- return all sets of keys to the Accommodation in accordance with the instructions given to the Hirer; not use any flammable materials, fireworks or candles
in or on the Accommodation;
- keep the Accommodation secure during the booking; comply with any specific conditions and restrictions relating to the Accommodation and/or its contents contained in the hire property description and in any instructions held in the Accommodation;
- comply with any current conservation and/or bio security measures relating to the Sporting Rights; comply with the ban on the sale of rod caught salmon and sea trout; not assign or sub-let the booking; not rod share without the prior written agreement of the Owner or the Agent;
- not enjoy the Sporting Rights, and will not permit the enjoyment of the Sporting Rights by any members of the Hirer’s party, during any statutory closed seasons affecting any of the Sporting Rights [or on a Sunday]; comply with any reasonable conservation measures made by the Owner in respect of the Sporting Rights and any conservation measures in respect of the Sporting Rights which are required by law;
- complete, within the specified time period, a sporting return of the game and fish taken during he booking if required in the Tenancy Agreement; sign, date and return the Tenancy Agreement to the Agent within 14 days of receipt or before the start of the booking if earlier; comply with the terms of the Tenancy Agreement (whether signed or not) including any term relating to extra payments for additional game taken;
- comply with all legislation relating to the enjoyment of the Sporting Rights and respect the nature of the terrain and facilities and the vagaries of the Scottish weather.
19. Compliance of Instructions
It is imperative that the Hirer and the Hirer’s party comply at all times with any reasonable instructions and decisions of the Owner and the Owner’s staff. Failure to do so may result in the immediate termination of the booking without any refund of the hire charge or compensation or damages for the loss of the booking or refund of any other charges.
The tipping of keepering staff and domestic staff is a traditional part of British sporting etiquette. Payment of tips should be made directly to the Owner’s staff by the Hirer. Guidance on tipping can be found on the Agent’s website.
21. Guidance on risks encountered in Sporting activities and safety equipment
The Agent’s website www.sportinglets.co.uk includes a section on the types of risks commonly encountered in the enjoyment of Sporting Rights and guidance on appropriate clothing and equipment. The Hirer and the Hirer’s party must read this guidance before the start of the booking. The Hirer and any of the Hirer’s party enjoying the Sporting Rights are responsible for the safe use of any safety equipment provided by the Owner. The Hirer and any of the Hirer’s party enjoying the Sporting Rights will use any safety equipment provided by the Owner in accordance with all instructions given by the Owner or the Owner’s staff. Personal safety equipment such as ear defenders and eye protection are not normally provided by the Owner and it is recommended that the Hirer and any of the Hirer’s party who intend to enjoy the Sporting Rights bring their own personal safety equipment.
22. Third Party and Public Liability Insurance
The Hirer and all members of the Hirer’s party who intend to enjoy the Sporting Rights are required to have third party and public liability insurance cover for sporting activities for a minimum of £10,000,000 (ten million pounds sterling) per claim. The Hirer will provide written evidence of this if requested by the Owner or Agent.
23. Personal Safety and use of Firearms
The Hirer and all members of the Hirer’s party are responsible for their own safety at all times. If the Hirer or any members of the Hirer’s party who intend to enjoy the Sporting Rights have no experience of using sporting weapons then this must be notified to the Agent before the start of the booking. Any sporting equipment provided by the Owner will be used at the risk of the Hirer and all members of the Hirer’s party. Any Hirer and each member of the Hirer’s party who will be using firearms during the booking must have current licences and permits for the use of firearms and the enjoyment of the Sporting Rights. The Hirer will provide copies of all licences and permits if requested by the Owner or the Agent. Any firearms belonging to the Hirer or any members of the Hirer’s party must be fit for purpose and conform to all statutory requirements for use in the enjoyment of the Sporting Rights. All stalking firearms will be zeroed under the supervision of the Owner’s staff before use. The Hirer and the Hirer’s party are responsible for the security of all weapons and ammunition during the booking. The Hirer and each member of the Hirer’s party will comply with all relevant legislation relating to the Sporting Rights during the booking. Under 14’s may not shoot deer and those aged over 14 and under 18 may only shoot deer if they have a firearm certificate in their own name and use the weapon listed on that certificate. Anyone aged 18 or over may stalk under supervision. The use of automatic and semi-automatic weapons is prohibited as is the use of lead shot over wetlands.
The stalker will be solely responsible for the direction, conduct and organisation of the stalking. No Hirer or any of the Hirer’s party may take a shot unless instructed by the nominated stalker. If a beast is wounded by the Hirer or a member of the Hirer’s party, no further beasts will be shot until sufficient time has been spent searching for the wounded beast. It may be necessary for any wounded beast to be shot by the stalker to ensure that it has a fast and humane death. All missed shots taken by the Hirer or any member of the Hirer’s party will count as a shot in the calculation of the hire charge. Venison will remain in the ownership of the Owner. If a Hirer wishes the head of a beast as a trophy then it may be possible at the discretion of the owner or his staff, for this to be organised directly with the Owner. The Owner, the stalker and all members of the Owner’s staff can refuse to permit the Hirer or any member of the Hirer’s party to take part in the stalking party and can request the Hirer or any member of the Hirer’s party who are behaving dangerously to leave the stalking party. No part of the hire charge will be repaid to the Hirer or compensation or damages paid to the Hirer or any other costs reimbursed in these circumstances.
Any complaint or problem relating to the hire property should immediately be notified to the Owner or a member of the Owner’s staff so that an opportunity is given to rectify the problem or deal with the complaint. No refund will be considered if the Owner has not been given the opportunity to rectify any problem during the booking. If the Hirer has a complaint about the Agent then this should be made in writing to the Agent who will provide the Hirer with details of the Agent’s complaints procedure.
26. Liability of the Agent
The Agent is booking agent for the Owner and when the Hirer books a hire property the booking contract is made between the Owner and the Hirer. The Agent has no liability for implementation of the booking contract or for the acts, omissions or neglect of the Owner, the Owner’s staff or any other person or party represented or employed by the Owner. The Agent has no liability for the condition of the hire property or the contents of the Property or the quality of the Sporting Rights which are the sole responsibility of the Owner.
27. Holiday Letting
By entering into the booking contract the Hirer agrees that the booking contract confers a right to occupy the hire property for a holiday only and is not an assured tenancy by virtue of the provisions of Section 12 (schedule 4 paragraph 8) of the Housing (Scotland) Act 1988.
28. Changes in Booking Terms and terms of hire
These booking terms and terms of hire and the hire property description are correct at the time when this brochure is printed. Unforeseen circumstances and changes in the law may require the Agent to make changes to these terms and conditions and/or the hire property description. The Agent’s website will have the latest version of these terms and conditions and the hire property description. A copy of the latest version of these terms and conditions and/ or the hire property description can be provided on request.
Value added tax is included, where applicable at the appropriate rate, which may vary from time to time.
30. Governing Law and Jurisdiction
The Owner and the Hirer agree that the booking contract shall be governed by and construed in accordance with the laws of Scotland and the Owner and the Hirer agree to submit to the exclusive jurisdiction of the Scottish Courts.