VISCOUNT SPORTING AGENCY
TERMS AND CONDITIONS FOR GAME SHOOTING IN ENGLAND AND WALES

Please read these terms and conditions carefully as they contain clauses that limit our liability to you in certain circumstances.

1. Definitions

‘we’, ‘us’ or ‘our’

is a reference to Viscount Sporting Estates Limited and the company representatives, agents and employees.

‘you’ or ‘your’ is a reference to the person who has booked a sporting package with us and who is required to pay the Game Shooting/fishing/rifle hunting fees and any overage that may apply.
‘Parties’

is a reference to both us and you.

‘Gamekeeper’

is a reference to a professional shoot helper in possession of a valid shotgun licence or firearms certificate, who is employed by or working for us.

‘Game Shooting Fee’ is a reference to the basic agreed fee to be paid to us for conducting and arranging the day’s game shooting/fishing/rifle hunting.
‘Overage’ is the extra fee that you pay for each bird shot over and above the number contracted for and covered by the Game Shooting Fee.

‘Estate Rifle’

A rifle belonging to the relevant estate.

‘Relevant Estate’

Means the land or estate upon which a sold day’s game shooting takes place.

2. How to Book

2.1

You may book our offers with us through via the enquiry form on our website or over the phone using the following telephone number 0044 (0)1892 739 173.

2.2

Offers should be booked at least 7 days in advance of the intended session date; all bookings made within seven days of the intended sporting packages date will be accepted at our discretion.

2.3

These Terms and Conditions will take effect at point of booking.

2.4

The sporting package Fee, as detailed in clause 5.1.2, must be paid in full within three days of booking.

3. Location of Sporting packages/offers

3.1

It may not always be possible to provide a sporting package at the location agreed at the time of booking. Wild game species unpredictable and as a result of this, and the regulatory regime surrounding game shooting/fishing/rifle hunting, we reserve the right to vary the location of one or more day’s off the sporting package for any of the following reasons:

  1. the chosen location has already reached, or is close to reaching, its allocated cull limit;

  2. you are unlikely to be able to locate or lawfully shoot game at a particular location, due to weather conditions, game movements, closed seasons, availability of feed or other natural, environmental or regulatory factors;

  3. we need to vary the chosen location in order to comply with changes in the law or for regulatory or environmental reasons.

3.2

We will attempt to provide at least 24 hours notice of a change in location whenever it is reasonably practicable to do so.

4. Booking Requirements

4.1

Documents

4.1.1

If you wish to undertake any game shooting unaccompanied you must ensure, prior to booking, that you hold:

  1. a valid Shotgun Licence or Firearms Certificate or visitors firearms permit; and

  2. a valid shooting insurance policy with a reputable provider (such as the British Association for Shooting and Conservation) providing at least £5,000,000 Public Liability cover.

4.1.2

If you do not hold a valid Shotgun Licence or Firearms Certificate you will be accompanied by a gamekeeper/stalker/guide throughout the each day of game shooting and you will use a lawful shotgun or rifle under close supervision from the gamekeeper/stalker/guide.

4.1.3

All documents specified in clauses 4.1.1 to 4.1.2 must be provided to the shoot organiser for inspection prior to commencing a day’s game shooting.
4.1.4 We reserve the right to refuse to commence or continue a day’s game shooting or rifle hunting if:

  1. documents are not provided in line with clause 4.1.2; and/or

  2. the documents provided do not match your own shotgun or firearm and/or ammunition; and/or

  3. you do not provide the specified level of insurance cover; and/or

  4. your documents appear in any way to be invalid, out of date, fraudulent, or disingenuous; and/or

  5. allowing the day’s game shooting to commence or continue will or is likely to invalidate our own insurance cover.

4.1.5

You will not be eligible for a refund if any game shooting is terminated or cancelled in accordance with clause 4.1.4.

4.2

Firearms and Shotguns

4.2.1

The use of a shotgun or other firearm is potentially dangerous and, in order to minimise the risks involved, you are required to follow and comply with all requirements, instructions or recommendations given or made by the shoot organiser/gamekeeper/stalker before, during and after each day of game shooting booked through Viscount Sporting Estates Ltd.

4.2.2

The estate will provide a lawful shotgun or other firearm for use during a day’s game shooting, to you as the client, upon request in accordance with 4.2.3 below.

4.2.3

Use of a lawful shotgun or other firearm must be requested at the time of booking. If we do not receive such a request we shall assume that you have your own shotgun or other firearm.

4.2.4

Clients using an estate shotgun or firearm must be accompanied and closely supervised by a gamekeeper/stalker/guide. The shotgun or firearm will be carried by the gamekeeper/stalker/guide at all times except when you are shooting.

4.2.5

The shotgun or firearm is to be returned to the gamekeeper/stalker/guide immediately upon their reasonable request at any time.

4.2.6

The estate/shoot organiser/gamekeeper/stalker reserves the right to refuse to commence or continue game shooting if:

  1. your shotgun or firearm is in an unsafe condition; and/or

  2. your shotgun or firearm does not match those prescribed in your Shotgun Licence of your Firearms Certificate; and/or

  3. your shotgun or firearm and/or ammunition does not comply with your own insurance policy; and/or

  4. your shotgun or firearm and/or ammunition does not comply with our own insurance policies and/ or the insurance policy of the Gamekeeper; and/or

  5. You fail or refuse to comply with any requirements, instructions or recommendations given or made by the Gamekeeper before, during or after a drive.

4.2.7

You will not be eligible for a refund if a sporting package is terminated or cancelled in accordance with clause 4.2.6.

5. Pricing and Payment

5.1

Pricing
Game Shooting Fees

5.1.1 The Sporting package fees are as follows:

  1. As stated at time of booking.
5.1.2

Sporting package fees are to be paid in full within three days of booking.

 

Overagre

5.1.3

Overage is payable as follows:

  1. As stated at time of booking.

4.2

Game

5.2.1

All game remains the property of the Relevant Estate. As a courtesy each gun will be given a brace of birds at the end of the day.

5.2.2

You may purchase game from the Relevant Estate at current market rates.

6. Cancellations

6.1

If you wish to cancel a day’s game shooting then you may do so without charge up to twenty three clear days before the day is due to take place.

6.2

If you cancel a day’s game shooting within twenty three clear days of the due date, then you will forfeit the sporting package fee for that day’s game shooting/fishing/accommodation, unless you are able to find an alternative client to make use of the day’s game shooting in your place.

The loss of the sporting package fee is a genuine pre-estimate of the loss caused to us by a late cancellation.

7. When we can refuse to begin or continue a day’s game shooting

 

Shooting, as with any activity involving the use of firearms, is potentially dangerous. As a result, we are unable to allow you to undertake or continue a day’s game shooting if it would be unsafe or unlawful for you to do so. Some of the circumstances in which it would be irresponsible for us to allow a day’s game shooting to begin or continue are set out in clauses 4.1.4, and 4.2.6, in addition however:

7.1 We reserve the right to refuse to commence or continue Game Shooting if:

  1. You are not physically fit or able to take part in the day whether through drink or drugs or for any other reason;

  2. Something that you do or say leads the Gamekeeper to reasonably believe that you pose a significant risk to yourself or others, including the Gamekeeper;

  3. Something that you do or say leads the Gamekeeper to reasonably believe that you intend to commit a firearms or wildlife offence, or any other offence whilst Game Shooting.

7.2

You will not be eligible for a refund if a day’s game shooting is terminated or cancelled in accordance with clause 7.1.

8. Situations or events outside our reasonable control

8.1

In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in 8.2 below). Where one of these occurs we will normally attempt to rearrange the day for a mutually convenient date as soon as practicable once the situation that prevented the day taking place has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before the rearranged day will take place.

8.2 The following are examples of events or situations, which are not within in our reasonable control:

  1. where weather conditions make it impossible or unsafe for us to commence or continue with the day;

  2. where the condition or state of the Relevant Estate makes it impossible or unsafe for us to begin or continue with the day, and there is no reasonable alternative location available;

  3. where for reasons of disease control, or other environmental or regulatory factors we are prohibited by law from commencing or continuing with the day.

8.3 If the delay involved in rearranging a day will be excessive then we will offer you the option of either:

  1. continuing to wait until we are able to arrange for the day to take place on a suitable and mutually convenient date; or

  2. allowing you cancel the contract. If you choose this option then 50% of the Game Shooting Fee will be refunded to you.

9. Exclusion clauses

9.1

All representations made by us as to the likely success of a day are made in good faith. As game is wild and unpredictable, we are unable to guarantee that a day will be successful and as such we exclude liability for any misrepresentation of the chances of success that may occur.

9.2

We do not exclude or limit liability for our negligence or negligent omission that causes your personal injury or death.

9.3

While we take all reasonable precautions to ensure your safety during a day on the estates we represent, game Shooting and rifle hunting, as with any activity involving the use of firearms, is potentially dangerous. We are therefore unable to take responsibility for any injury, including death, caused to you, or by you to others, resulting from your failure to follow an instruction or recommendation, or to comply with a requirement, set out, given or made by us.

9.4

We do not own any of the locations at which we offer game shooting or rifle hunting and we are therefore unable to exercise control over the state or condition of any of the Relevant Estates. While we shall make all reasonable efforts to ensure that the Relevant Estate, and any equipment on or belonging to it are in an acceptable condition, you are agreeing to use such a place or equipment at your own risk.

9.5

We shall only be liable for any loss or damage suffered by you, which is a reasonably foreseeable consequence of a breach by us of this contract. In the event that any loss or damage suffered by you relates to your business activities then we exclude all liability for any business loss and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.

9.6

As we are unable to provide any secure storage facilities for use during a day, your personal belongings and effects remain your responsibility at all times.

9.7

While parking is available at most of the Relevant Estates, it is likely to be basic and in a relatively remote location. We are unable to guarantee the security of any vehicles whilst you are on a day’s game shooting and as such, all vehicles and their contents are left at your own risk. 

10. Amendments to the contract terms and conditions

10.1

We will have the right to amend the terms and conditions of this contract where:

  1. we need to do so in order to comply with changes in the law or for regulatory reasons; or

  2. we are changing the rates we charge for the provision of Services as provided for in clause 7; or

  3. we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the performance of the contract as envisaged by the parties; or

  4. Where we are making any amendment we will give you 7 days' prior notice (unless the contract is terminated before that period).

11. Contacting each other

11.1

If you wish to send us any notice or letter then it needs to be sent by email to phiz@viscountstalking.co.ukand should be marked for the attention of D. Phizacklea. If we wish to send you a letter or notice we will use the address you have given when booking.

12. Contracts (Rights of Third Parties) Act 1999

12.1

For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

13. Law and jurisdiction

13.1

This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.

14. Severability

14.1

If any part of these Terms and Conditions is determined by a court to be unenforceable, the remainder of the Terms and Conditions shall be unaffected and continue in full force and effect.

15. Booking with other providers through us

15.1

If you are booking a Stalk with another provider through us, or our representatives, you are doing so on the provider’s terms and conditions and your contractual arrangements will be made directly with that provider.

15.2

We shall send you copies of the provider’s terms and conditions as soon as you have informed us your interest in Stalking with them and ad- vise you to read this documentation carefully before booking the Stalk.

15.3

Unless otherwise stated, we shall only be liable for/ responsible for the following activities when acting as a booking agent for another provider:

  1. Organising, placing and confirming your booking with the alter- native provider;

  2. Facilitating communication between you and the alternative provider;

  3. The taking of deposits and payments on behalf of the other provider;

  4. The transmission of payments to the other provider on your be- half;

  5. Where expressly stated and agreed between us in advance, and in writing, the provision or arrangement of transportation to and from major London airports.
15.4

An administration fee will apply to all such bookings made through us with alternative providers. This fee will be calculated at 10% of the full value of the booking made through us with the alternative provider (excluding Trophy Fees). 

Terms of Trade & Privacy Notice

Terms & Conditions prepared and approved by: