Barwhillanty Estate Terms and Conditions
Contract – Very Important
When you submit a booking via our online reservation system you will receive a booking summary by email to the email address you provide in the booking form. This does not form a contract between us. A contract shall only arise when your booking is subsequently confirmed in writing by email. Once a booking has been confirmed, a contract has been entered into. The person whose name appears on the Booking Form / Invoice agrees to take full responsibility for ensuring that all the following Conditions of Hire are adhered to by all members of the party:
1. Holiday Cancellation Insurance is not included in the rental. If you have to cancel your booking, you must contact Barwhillanty Estate as soon as possible to inform them. You must also confirm your cancellation in writing. Deposits and balances are non-refundable in the event of a cancellation and you should be covered by appropriate insurance. We advise that you ensure that your holiday insurance covers you for this.
2. Arrivals are from 4 pm onwards unless other arrangements are made with the Management. We ask you to vacate the property no later than 10am on day of departure so that we can prepare the cottages for the next guests. We reserve the right to make a charge of £20 per hour for late departure.
3. The contract confers on you a right to occupy the accommodation for a holiday only and, in terms of section 12 (schedule 4, paragraph 8) of the Housing (Scotland) Act 1988 is not an ‘assured tenancy’.
4. The applicant must personally stay at the accommodation throughout the holiday and be over 21 years of age. He/she is solely responsible for the whole party. Assignees and sub-tenants are prohibited. No more than the stated number may stay at the property.
5. A deposit of 30% of the total holiday cost must be paid on booking. The balance is due 24 days before the start of the holiday, without further reminder from Barwhillanty Estate. The Management reserves the right to declare the contract void, the deposit forfeit and to re-let the accommodation should the balance not have been received within the time limit.
• Dogs must be kept under proper control and not allowed on the furniture, especially the beds, nor left unattended in the property. Dog owners will be held responsible for any damage caused to the property, contents or garden by their dog and for any extra cleaning required. When out walking within the property grounds/estate, you must ensure that dogs are kept on a lead except where indicated. They must not be allowed to disturb livestock, deer or game birds. No more than 2 dogs are allowed per property. Please bring your pet basket.
• Please ensure that you take all reasonable care in the use of the property and its contents including the security of the property and you will report any damages as soon as they occur. The Management reserves the right to charge for all repairs, losses or replacements necessitated by a negligent act or omission of any of your party, guests or invitees. If necessary this may include an administration charge.
• On departure, you are requested to leave the accommodation clean and tidy. This includes washing up, placing rubbish in appropriate wheelie bins, a quick hoover of floors and cleaning grill pan, baths, basins and WCs. Barwhillanty Estate reserves the right to make a charge of £35 for extra cleaning if the accommodation is not left in a satisfactory condition.
• Our website is as accurate as possible but cannot be warranted, nor do the descriptions form any contract. Barwhillanty Estate reserves the right to alter or improve any of the subjects without notice. Prices include VAT at 20%. If VAT rates change, new rates will apply to any sums not received by the date of change. VAT No: 263009777
1. Should Barwhillanty Estate have to cancel your holiday for any reason, every effort will be made to find you suitable alternative accommodation. If this is not possible a refund will be made of all monies paid by you to Barwhillanty Estate for the accommodation booked. No further financial claims against Barwhillanty Estate will be considered.
1. As far as the law allows, the Management takes no responsibility for loss, damage or injury to you or any of your party, to your/their property or to vehicles as a consequence of this agreement or the occupancy following thereon.
2. You will indemnify Barwhillanty Estate or their agents against loss, damage or injury sustained to the property or persons as a result of any breach of these conditions or arising from the fault of you or any member of your party.
1. Fireworks are not permitted at our cottages without written permission due to danger of fire.
1. Barwhillanty Estate or their agents whomsoever reserve the right to enter the property at any reasonable time.
2. If the accommodation becomes inaccessible due to bad weather, or any other act of God, every effort will be made to find you alternative holiday accommodation. We are unable to offer any refund and strongly recommend you take out your own travel insurance.
3. Fishing / Shooting – No fishing or shooting is allowed on the Estate unless otherwise agreed. Please contact us at the office (number below) should you be interested.
4. Every effort is made to ensure that you have an enjoyable holiday. If, however, you have cause for complaint, we are anxious that remedial action is taken as quickly as possible. Please contact the Manager or staff as soon as possible so that they can take action or investigate and resolve the problem. You should not feel reluctant to complain if you are dissatisfied with some aspect of your accommodation. Indeed it is always the best policy to draw attention to the problem on the spot.
These terms and conditions (the ‘contract’) set out your commitment to BE Experiences and its obligation to you when booking sport either directly or through an agent.
Cost and Payment Terms
• A deposit of 50% of the total cost of booking (less accommodation) is required to secure your day(s). Please note we charge no VAT on country sports.
• The second invoice, for the balance, will be issued 14 days before your arrival.
• If accommodation is provided this will be by a third party and you will receive an email asking for your full balance 14 weeks before your stay. Please note VAT is charged on accommodation
• If you have opted for catering this will be charged directly by the 3rd party. Please note VAT is charged on catering.
• Should you wish to cancel we will endeavor to resell your sport. If this is not possible for all or part of the booking the relevant proportion of the shoot charge will be forfeited. Administration charges may also apply. You will also be required to pay £70 to any loader / instructor if you cancel within 48hrs of the shoot. We advise you have shoot cancelation insurance.
All payments are in pounds sterling. This is the net amount which we must receive, and therefore you are responsible for sending sufficient funds to cover the conversion costs of foreign currency into sterling. Payment should be increased to take account of deductions made by, for example, your transmitting bank. Please refer to your invoice for methods of payment. For the avoidance of doubt payment shall not be regarded as accepted until received in clear funds.
Bag
• Overages; should we have agreed an anticipated bag we work on an overage of 5%. This is given in good faith as a guide only and as a bag which an average team of guns might expect to achieve. Should there be a shortfall in the opportunity of achieving the anticipated bag we take into consideration a 3:1 shot to kill ratio.
• Quarry; unless otherwise instructed on the day all legal species may be shot. Pheasants, duck, partridges, geese and woodcock are the species on which charges will be made.
• No ground game is to be shot unless otherwise advised.
• We request that guns use cartridges with felt or biodegradable plastic wads and when shooting over water use bismuth or steel shot. Please pick up your cartridges at the end of every drive.
• Barwhillanty Estate, where you will be shooting, has a long record of environmental and wildlife management and the responsibilities associated with it. It fully endorses the requirements of the Wildlife and Countryside Act 1981 (as amended). We adopt a zero tolerance policy in relation to wildlife crime. As lead client, we shall hold you responsible should you or any member of your party commit a wildlife crime.
Services Provided
• 4 wheel drive vehicle(s) will be provided to transport the guns on the shoot day. Should your party have their own 4×4(s), and it be deemed necessary by the shoot manager, you may be asked to use it / them.
• Elevenses will be provided on driven shoot days if time allows.
• Lunch is provided for driven shoots in Barwhillanty house unless otherwise arranged. It will be served at a time convenient to the shoot. We reserve the right to charge £35 per head for guests over and above 10 people. Please feel free to bring your own preferred wine – otherwise house red / white is provided together with beer for you to drink in moderation (Please note point 15c). On rough days, unless otherwise arranged, a picnic will be provided to be eaten in the field.
• The services of beaters and pickers up, together with a shoot manager and keeper who will direct the day, are provided.
• If you wish the services of a loader we, or our agent, will be happy to arrange this. You will however be responsible for the loader’s remuneration, approximately £75 per day is typical (see cancellations)
If accommodation has been provided:
• The accommodation will be ready from 1600 the day before your sport unless you have made other arrangements with us. We kindly ask that you vacate the property no later than 10am on the day of departure unless otherwise agreed.
• Secure gun storage is available in the property.
• The contract confers on you the right to occupy the accommodation for a holiday only and confers no greater rights than that agreed in this contract.
• Please ensure that you take reasonable care in the use of the property and its contents including the security of the property and report any damages as soon as they occur. We reserve the right to charge for all repairs, losses or replacements necessitated by the negligent act of omission of any of your party, guests, invitees or dogs. If necessary this may include an administrative charge.
• Dogs must be kept under proper control and not allowed on the furniture, beds, or carpets, nor left unattended in the property. Outside kennels are provided but if dogs are to enter the property they are to be dry and clean. We reserve the right to charge a deposit for dogs in the property.
• On departure, you are requested to leave the accommodation clean and tidy. This includes washing up, placing rubbish in wheelie bins, cleaning grill pans, baths, basins and WCs if necessary. We also ask that you clean up after your dog. We reserve the right to make a charge for extra cleaning if the accommodation / grounds are not left in a satisfactory condition.
• As far as the law allows, the management take no responsibility for loss, damage or injury to you or anyone in your party, or your/their property or vehicles.
• If the accommodation becomes inaccessible / uninhabitable due to ‘force majeure’ every effort will be made to find you alternative accommodation. We are however unable to offer any refund and strongly recommend you take out your own travel/cancellation insurance.
Cancellations and exclusions (of persons) by the Estate
In the following circumstances we will be entitled to prohibit members of your party from taking part in the sport, without obligation to refund or pay any losses or costs suffered as a direct or indirect result: If a member of your party fails to meet all the legal requirements;
• If a member of your party is acting in an unsafe, irresponsible manner;
• If we believe a member of your party is under the influence of alcohol or drugs;
• If a member of your party causes damage to property;
• If a member of your party acts in a verbal or physically threatening manner to any representative of the estate / sporting agent or member of the public
We will be entitled to cancel any day(s) sport because of factors which can reasonably be considered to be outside our control, examples of which are when it is inadvisable to, or restrictions have been imposed on, travel or use of the land / estate because of disease or disruption (such as foot and mouth disease, Covid-19, anti-shooting demonstrations or war) or impossible weather conditions. The relevant portion of your shoot charges will be fortified in the event of cancelation out with our control. We advise you take our shoot cancelation insurance.
If we cancel the booking for reasons other than those stated above, we will refund you the full cost of the booking.
Liability
It is the responsibility of all persons shooting to ensure that they are covered for third party liability up to the level of £10,000,000 and we may ask for evidence that this on the morning of the shoot.
The Estate’s liability, except in circumstances involving death, personal injury, fraud or fraudulent misrepresentation, is limited to £10,000,000. Subject to the limitations of our terms we also accept all liability for damage to the property of any member of your party if the cause is our fault i.e. we breach the contract, are negligent, or commit some other breach of legal duty. Otherwise the sport offered is entirely at your risk. We do not offer secure facilities for valuables, so please do not bring these with you. All persons shooting will be entirely responsible for the safety and security of their shotgun and ammunition. We are also not responsible or liable for any loss or damage to your possessions which are left in vehicles.
If we breach the contract, we are responsible for any reasonably foreseeable direct losses or costs suffered to you. Losses are foreseeable where they could be reasonably contemplated by both you and us at the time of booking. We are not responsible for indirect losses or costs, economic loss, loss of profits or loss of opportunity which occurs as a consequence of the main loss or damage and which are not reasonably foreseeable by yourself and us.
IMPORTANT – Legal requirements
All members of the party must have a current UK shotgun certificate, or Overseas Visitors Shotgun Permit, together with any other documentation required for the pursuit of game
We may exclude from the sport any member of your party who is unable to produce this documentation, and this will not affect our right to be paid what is owed in full under these terms. We have no objection to any member of your party engaging us to assist him / her in obtaining the necessary certificates / permits, and suggest this is done as soon as possible.
IMPORTANT – SAFETY
Safety is paramount. It your responsibility to decide whether members of your party or their firearms are fit to shoot. You must inform the estate of any gun with limited (i.e. <6 days field experience). Should there be a member of you party that falls into this bracket we can arrange for a loader / instructor to supervise them.
Members of your party must not shoot if they are suffering from any serious medical conditions, or have recently undergone surgery, or are under the influence of alcohol or drugs.
All members of the party must:
• Be familiar and comply at all times with the Code of Good Shooting Practice 2017 www.codeofgoodshootingpractice.org.uk and your acceptance of these terms shall be treated as warranty that you have read them and accept the code.
• Take part in the safety briefing given on the first day of your shoot
• Promptly comply with all instruction given by the shoot manager, whether in the safety briefing or later.
• Ensure guns are broken and unloaded except when actively engaged in shooting.
• Ensure guns are properly sleeved when carried in vehicles or between drives.
We may refuse to permit any member of your party to participate or continue to participate in the shoot whose conduct is dangerous or irresponsible or whom is suspected will act in such a manner, or who is otherwise unfit to participate in the sport. This is our right irrespective of any insurance cover held by such a person. If such a person is excluded for the sport, then this will not affect our right to be paid what is owed in full under these terms.
Law
The parties agree that this contract shall be governed by Scots Law and that any disputes arising out of or regarding this contract shall be subject to the exclusive jurisdiction of the Scottish courts.
These Terms
We intend to rely on these terms set out herein. You must not rely on promises or claims written or verbally made by anyone other than ourselves. Payment of all or any part of the booking shall constitute acceptance of these terms whether or not these terms have been signed and returned to Barwhillanty or our sporting agent.
Data Protection
You agree that we shall be entitled to use your details and those of the members of your party in connection with the organisation of your day(s) sport. We, or our agent, will not pass these details to third parties other than as necessary to arrange your day(s) sport. We, or our agent, may use these details to notify you of events if we think these could be of interest to you. If at any time you want to be removed from our, or our sporting agent’s, database please contact us directly.
These terms and conditions (the ‘contract’) set out your commitment to BE Experiences and its obligation to you when booking sport either directly or through an agent.
Cost and Payment Terms
• A deposit of 50% of the total cost of booking (less accommodation) is required to secure your day(s). Please note we charge no VAT on country sports.
• The second invoice, for the balance, will be issued 14 days before your arrival.
• If accommodation is provided this will be by a third party and you will receive an email asking for your full balance 14 weeks before your stay. Please note VAT is charged on accommodation
• If you have opted for catering this will be charged directly by the 3rd party. Please note VAT is charged on catering.
• Should you wish to cancel we will endeavour to resell your sport. If this is not possible for all or part of the booking the relevant proportion of the shoot charge will be forfeited. Administration charges may also apply. You will also be required to pay £70 to any loader / instructor if you cancel within 48hrs of the shoot. We advise you have shoot cancelation insurance.
All payments are in pounds sterling. This is the net amount which we must receive, and therefore you are responsible for sending sufficient funds to cover the conversion costs of foreign currency into sterling. Payment should be increased to take account of deductions made by, for example, your transmitting bank. Please refer to your invoice for methods of payment. For the avoidance of doubt payment shall not be regarded as accepted until received in clear funds.
Bag
• Quarry; We have an abundant roe population with a few wild red deer. Sighting have also been seen of wild boar and sika. All the above named species may be culled in their respective seasons according to their sex.
• We do not guarantee a bag
• Stalkers must use a rifle of suitable caliber and a round of suitable grain for their quarry
• Barwhillanty Estate, where you will be shooting, has a long record of environmental and wildlife management and the responsibilities associated with it. It fully endorses the requirements of the Wildlife and Countryside Act 1981 (as amended). We adopt a zero tolerance policy in relation to wildlife crime. As lead client, we shall hold you responsible should you or any member of your party commit a wildlife crime.
Services Provided
• Individuals that hold a DSC level1 and or 2 may stalk unaccompanied if deemed suitable by our keeper. If you do not hold this qualification our keeper will guide you on your stalks and this may incur an additional charge if not prior arranged
• Under supervision from our keeper all stalkers must zero their rifles on the range before any visit
• If arranged our keeper can provide a 4-wheel drive vehicle to transport stalkers to their various hunting grounds. Should your party have their own 4×4(s), and it be deemed necessary by our keeper, you may be asked to use it. You accept all liability on our forest roads / tracks.
• We have a number of high seats for use by stalkers and those watching wildlife. Routine inspection and maintenance is carried out on all of these structures. There us is however taken at your own risk.
If accommodation has been provided:
The accommodation will be ready from 1600 the day before your sport unless you have made other arrangements with us. We kindly ask that you vacate the property no later than 10am on the day of departure unless otherwise agreed.
• Secure gun storage is available in the property.
• The contract confers on you the right to occupy the accommodation for a holiday only and confers no greater rights than that agreed in this contract.
• Please ensure that you take reasonable care in the use of the property and its contents including the security of the property and report any damages as soon as they occur. We reserve the right to charge for all repairs, losses or replacements necessitated by the negligent act of omission of any of your party, guests, invitees or dogs. If necessary this may include an administrative charge.
• Dogs must be kept under proper control and not allowed on the furniture, beds, or carpets, nor left unattended in the property. Outside kennels are provided but if dogs are to enter the property they are to be dry and clean. We reserve the right to charge a deposit for dogs in the property.
• On departure, you are requested to leave the accommodation clean and tidy. This includes washing up, placing rubbish in wheelie bins, cleaning grill pans, baths, basins and WCs if necessary. We also ask that you clean up after your dog. We reserve the right to make a charge for extra cleaning if the accommodation / grounds are not left in a satisfactory condition.
• As far as the law allows, the management take no responsibility for loss, damage or injury to you or anyone in your party, or your/their property or vehicles.
• If the accommodation becomes inaccessible / uninhabitable due to ‘force majeure’ every effort will be made to find you alternative accommodation. We are however unable to offer any refund and strongly recommend you take out your own travel/cancellation insurance.
Cancellations and exclusions (of persons) by the Estate
In the following circumstances we will be entitled to prohibit members of your party from taking part in the sport, without obligation to refund or pay any losses or costs suffered as a direct or indirect result:
• If a member of your party fails to meet all the legal requirements;
• If a member of your party is acting in an unsafe, irresponsible manner;
• If we believe a member of your party is under the influence of alcohol or drugs;
• If a member of your party causes damage to property;
• If a member of your party acts in a verbal or physically threatening manner to any representative of the estate / sporting agent or member of the public
We will be entitled to cancel any day(s) sport because of factors which can reasonably be considered to be outside our control, examples of which are when it is inadvisable to, or restrictions have been imposed on, travel or use of the land / estate because of disease or disruption (such as foot and mouth disease, Covid-19, anti-shooting demonstrations or war) or impossible weather conditions. The relevant portion of your stalking charges will be fortified in the event of cancelation out with our control. We advise you take our shoot cancelation insurance.
If we cancel the booking for reasons other than those stated above, we will refund you the full cost of the booking.
Liability
It is the responsibility of all persons stalking to ensure that they are covered for third party liability up to the level of £10,000,000 and we may ask for evidence that this.
The Estate’s liability, except in circumstances involving death, personal injury, fraud or fraudulent misrepresentation, is limited to £10,000,000. Subject to the limitations of our terms we also accept all liability for damage to the property of any member of your party if the cause is our fault i.e. we breach the contract, are negligent, or commit some other breach of legal duty. Otherwise the sport offered is entirely at your risk. We do not offer secure facilities for valuables, so please do not bring these with you. All persons stalking will be entirely responsible for the safety and security of their rifle and ammunition. We are also not responsible or liable for any loss or damage to your possessions which are left in vehicles.
If we breach the contract, we are responsible for any reasonably foreseeable direct losses or costs suffered to you. Losses are foreseeable where they could be reasonably contemplated by both you and us at the time of booking. We are not responsible for indirect losses or costs, economic loss, loss of profits or loss of opportunity which occurs as a consequence of the main loss or damage and which are not reasonably foreseeable by yourself and us.
IMPORTANT – Legal requirements
All members of the party must have a current UK firearms certificate, or Overseas Visitors firearms Permit, together with any other documentation required for the pursuit of game
We may exclude from the sport any member of your party who is unable to produce this documentation, and this will not affect our right to be paid what is owed in full under these terms. We have no objection to any member of your party engaging us to assist him / her in obtaining the necessary certificates / permits, and suggest this is done as soon as possible.
IMPORTANT – SAFETY
Safety is paramount. It your responsibility to decide whether members of your party or their firearms are fit to shoot. You must inform the estate of any stalker with limited (i.e. <6 days field experience). Should there be a member of you party that falls into this bracket we may arrange for an instructor to supervise them at your cost.
Members of your party must not stalk if they are suffering from any serious medical conditions, or have recently undergone surgery, or are under the influence of alcohol or drugs.
All members of the party must:
• Hold a DSC level 1 and or 2 to stalk unaccompanied together with a current UK firearms certificate
• Zero their rifle and take part in the safety briefing given on the first day of your stalk
• Promptly comply with all instruction given by our keeper and other estate staff as necessary
• Ensure firearms are unloaded except when actively engaged in shooting.
• Ensure firearms are properly sleeved when carried in vehicles or between hunting grounds.
We may refuse to permit any member of your party to participate or continue to participate in the stalk whose conduct is dangerous or irresponsible or whom is suspected will act in such a manner, or who is otherwise unfit to participate in the sport. This is our right irrespective of any insurance cover held by such a person. If such a person is excluded for the sport, then this will not affect our right to be paid what is owed in full under these terms.
Law
The parties agree that this contract shall be governed by Scots Law and that any disputes arising out of or regarding this contract shall be subject to the exclusive jurisdiction of the Scottish courts.
These Terms
We intend to rely on these terms set out herein. You must not rely on promises or claims written or verbally made by anyone other than ourselves. Payment of all or any part of the booking shall constitute acceptance of these terms whether or not these terms have been signed and returned to Barwhillanty or our sporting agent.
Data Protection
You agree that we shall be entitled to use your details and those of the members of your party in connection with the organisation of your day(s) sport. We, or our agent, will not pass these details to third parties other than as necessary to arrange your day(s) sport. We, or our agent, may use these details to notify you of events if we think these could be of interest to you. If at any time you want to be removed from our, or our sporting agent’s, database please contact us directly.
Permitted Hours
• A morning permit is valid from 0600 – 1200 on the day of your sport
• An afternoon permit is valid from 1200 – 2100 on the day of your sport
• A full permit is from 0600 – 2100
• For the avoidance of doubt fishing is only on the loch to which you permit applies
We stock our fishing lochs with rainbow, blue, tiger and brown trout and these may be caught when in season.
All brown trout must be returned. Other species must also be returned unless for the pot. For the avoidance of doubt this is your own pot and fish cannot be sold
We do not guarantee a set number of fish per rod
Fishing is by fly only with barbless hooks. You must provide your own rod
Life jackets must be worn (provided by yourself) and all sport is taken at your own risk.
Biosecurity: All nets and rods must be clean / disinfected before taking access to the loch(s). If moving between lochs equipment should also be cleaned
Barwhillanty Estate, where you will be fishing, has a long record of environmental and wildlife management and the responsibilities associated with it. It fully endorses the requirements of the Wildlife and Countryside Act 1981 (as amended). We adopt a zero tolerance policy in relation to wildlife crime. We shall hold you responsible should you or any member of your party commit a wildlife crime.
Cancellations and exclusions (of persons) by the Estate
In the following circumstances we will be entitled to prohibit members of your party from taking part in the sport, without obligation to refund or pay any losses or costs suffered as a direct or indirect result:
• If a member of your party fails to meet all the legal requirements;
• If a member of your party is acting in an unsafe, irresponsible manner;
• If we believe a member of your party is under the influence of alcohol or drugs;
• If a member of your party causes damage to property;
• If a member of your party acts in a verbal or physically threatening manner to any representative of the estate / sporting agent or member of the public
• We will be entitled to cancel any day(s) sport because of factors which can reasonably be considered to be outside our control, examples of which are when it is inadvisable to, or restrictions have been imposed on, travel or use of the land / estate because of disease or disruption (such as foot and mouth disease, Covid-19, anti-shooting demonstrations or war) or impossible weather conditions. The relevant portion of your stalking charges will be fortified in the event of cancelation out with our control. We advise you take our shoot cancelation insurance.
• If we cancel the booking for reasons other than those stated above, we will refund you the full cost of the booking.
Liability
It is the responsibility of all persons fishing to ensure that they are covered for third party liability up to the level of £10,000,000 and we may ask for evidence that this.
The Estate’s liability, except in circumstances involving death, personal injury, fraud or fraudulent misrepresentation, is limited to £10,000,000. Subject to the limitations of our terms we also accept all liability for damage to the property of any member of your party if the cause is our fault i.e. we breach the contract, are negligent, or commit some other breach of legal duty. Otherwise the sport offered is entirely at your risk. We do not offer secure facilities for valuables, so please do not bring these with you. We are also not responsible or liable for any loss or damage to your possessions which are left in vehicles.
If we breach the contract, we are responsible for any reasonably foreseeable direct losses or costs suffered to you. Losses are foreseeable where they could be reasonably contemplated by both you and us at the time of booking. We are not responsible for indirect losses or costs, economic loss, loss of profits or loss of opportunity which occurs as a consequence of the main loss or damage and which are not reasonably foreseeable by yourself and us.
IMPORTANT – SAFETY
Safety is paramount. It your responsibility to decide whether members of your party are fit to fish.
You must provide all flotation devices and ensure all those fishing can swim
Members of your party must not fish if they are suffering from any serious medical conditions, or have recently undergone surgery, or are under the influence of alcohol or drugs.
We may refuse to permit any member of your party to participate or continue to participate in the fishing whose conduct is dangerous or irresponsible or whom is suspected will act in such a manner, or who is otherwise unfit to participate in the sport. This is our right irrespective of any insurance cover held by such a person. If such a person is excluded for the sport, then this will not affect our right to be paid what is owed in full under these terms.
Law
The parties agree that this contract shall be governed by Scots Law and that any disputes arising out of or regarding this contract shall be subject to the exclusive jurisdiction of the Scottish courts.
These Terms
We intend to rely on these terms set out herein. You must not rely on promises or claims written or verbally made by anyone other than ourselves. Payment of all or any part of the booking shall constitute acceptance of these terms whether or not these terms have been signed and returned to Barwhillanty or our sporting agent.
Data Protection
You agree that we shall be entitled to use your details and those of the members of your party in connection with the organisation of your day(s) sport. We, or our agent, will not pass these details to third parties other than as necessary to arrange your day(s) sport. We, or our agent, may use these details to notify you of events if we think these could be of interest to you. If at any time you want to be removed from our, or our sporting agent’s, database please contact us directly.
Access to the Gardens is taken entirely at your own risk. On agreeing to these terms and conditions you accept:
• There are uneven surfaces and therefore need to take care at all times.
• There are numerous water hazards. No swimming is allowed and children will be kept a safe distance from any water hazard.
• No dogs are allowed except guide dogs.
• No bicycles etc. are allowed around the garden; please do, however, cycle here if you can!
• Care will be taken around any road.
• No trees, statues or other structures can be climbed.
• You will respect the serenity of the gardens; no football games etc. and keep quiet around any yoga class or exhibit.
• No littering.
• Please respect the privacy of those that live here and keep clear of houses.
• Please respect others using the gardens and any statutory social distancing required.
• Please let us know if you suffer from any allergies. If you are allergic to wasps or bees please be sure to have an EpiPen with you.
• If you are pregnant or suffer from any relevant medical conditions that we should be aware of, please let us know.
• In the event of an emergency, please contact any of the Estate Team; we will be in green Barwhillanty tops and will be scattered around the garden.
Access to the estate is taken entirely at your own risk. On agreeing to these terms and conditions you accept:
• There are uneven surface and will take care at all times
• There are numerous water hazards; No swimming is allowed and children will be kept a safe distance from any water hazard
• No dogs are allowed
• Care will be taken around any road
• If we are taking you on a drive seatbelts must be worn
• No trees, structures or otherwise can be climbed unless permission has been granted to use a high seat. High seats are routinely maintained and inspected but access is taken entirely at your own risk.
• You will respect the serenity of the environment you are in
• No littering
• Please respect the privacy of those that live here
• Please let us know if you suffer from any allergies. If you are allergic to wasps or bees please be sure to have an EpiPen on you.
• If you are pregnant or suffer from any other relevant medical condition that you feel we should be made aware of please let us know.
• Barwhillanty Estate has a long record of environmental and wildlife management and the responsibilities associated with it. It fully endorses the requirements of the Wildlife and Countryside Act 1981 (as amended). We adopt a zero tolerance policy in relation to wildlife crime. We shall hold you responsible should you or any member of your party commit a wildlife crime.
(1) Introduction
We will ask you to read and accept these terms and conditions before taking part in any yoga class or outdoor activity including wild swimming.
You acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree to take responsibility for your health and wellbeing in relation to our yoga retreat.
(2) Health and medical conditions
You acknowledge and represent that:
• to the best of your knowledge, you suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise; [and / or]
• your doctor has approved your participation in our yoga classes / outdoor activities.
Please inform us, as soon as possible, if:
1. you feel any pain or discomfort during a yoga class; or
2. you feel that any exercise included in a yoga class would be unsafe or uncomfortable for you.
We may in our sole discretion prohibit you from participating in a yoga class and you must comply with all of our instructions in relation to our yoga classes.
(3) No representations or warranties
To the maximum extent permitted by applicable law and subject to section 6 below, we exclude all representations, warranties, undertakings and guarantees relating to our yoga classes.
Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:
• that you will not suffer from any injury arising directly or indirectly out of our yoga retreat; or
• that your fitness will measurably improve as a result of participation in our yoga retreat.
(4) Limitations and exclusions of liability
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer are subject to section 6 below; and govern all liabilities arising under the disclaimer or in relation to our yoga retreat, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any personal injury (including without limitation serious injury or death) that you may suffer or sustain directly or indirectly as a result of attending our yoga retreat. Nor will we be liable to you in respect of any other losses arising as a result of any such personal injury.
We will not be liable to you in respect of any of your personal property that is lost, stolen or damaged before, during or after our yoga retreat.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(5) Exceptions
Nothing in these terms & conditions shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.
(6) Severability
If a section of these terms & conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.
If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect.
(7) Law and jurisdiction
These terms & conditions shall be governed by and construed in accordance with the law, and any disputes relating to this disclaimer or our yoga retreat will be subject to the exclusive jurisdiction of the courts of Scotland.
(8) Our details
In this disclaimer, “we” means (and “us” and “our” refer to)
Maria and Oscar Yerburgh of
Barwhillanty Estate
Parton
Castle Douglas DG7 3NS
(1) Introduction
Please carefully read our Terms & Conditions before signing up for our yoga classes.
You acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree to take responsibility for your health and well-being in relation to our yoga classes.
(2) Health and medical conditions
You acknowledge and represent that:
• to the best of your knowledge, you suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise; [and / or]
• your doctor has approved your participation in our yoga classes / outdoor activities.
Please inform us, as soon as possible, if:
• you feel any pain or discomfort during a yoga class; or
• you feel that any exercise included in a yoga class would be unsafe or uncomfortable for you.
We may in our sole discretion prohibit you from participating in a yoga class and you must comply with all of our instructions in relation to our yoga classes.
We will accept no responsibility for any injuries or issues that may occur as a result of doing a class.
(3) Cancellation Policy
All classes must be paid for in advance and you agree to our 24 hour cancellation policy. If you are booked into a class and miss it/cancel it with less than 24 hours’ notice, you will be charged for the class.
All class fees are non-refundable. You can change any bookings, up to 24 hours before the class you have booked, without penalty.
If a class is cancelled for any reason, we will make every effort to contact you via email or telephone to let you know. A refund or exchange for another class will be offered.
(4) Lateness
If you are more than 5 minutes late for a class, the instructor has the right to exclude you from the class. Please try to arrive 5 minutes before the class, to allow for time to set up.
(5) Personal belongings
All personal belongings brought into classes are at the client’s own risk. We do not accept liability for loss or damages to such items.
(6) Safety and hygiene
Please wear appropriate dress for the session you are attending.
Any classes can be practised in bare feet. If you have any contagious foot complaints, please make sure you are wearing socks at all times.
No food or glass is to be taken into the studio/garden.
Please bring your own mat where possible and if you borrow a mat, please wipe it down with the provided spray after use.
(7) Our details
In these terms & conditions, “we” means (and “us” and “our” refer to)
Maria and Oscar Yerburgh of
Barwhillanty Estate
Parton
Castle Douglas DG7 3NS
