VISCOUNT STALKING
TERMS AND CONDITIONS FOR STALKING IN ENGLAND AND WALES

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

Clauses 2 to 9 of these terms and conditions do not apply if you are using us as a booking service for stalking with another provider.


1. Definitions

‘we’, ‘us’ or ‘our’

is a reference to Darren Phizacklea trading as Viscount Stalking and his representatives, agents and employees.

‘you’ or ‘your’

is a reference to the person who has booked a Stalk with us and who is required to pay the Session Fee and any Trophy Fees that may apply.

‘Parties’

is a reference to both us and you.

‘Guide’

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

‘Stalk’ or ‘Stalking’

is a reference to the finding and shooting of deer.

‘Accompanied Stalk’

is a reference to Stalks during which you will be accompanied by a Guide at all times and provided with assistance and instruction in locating and shooting the target deer when necessary.

‘High Seat Stalk’

is a reference to a Stalk whereby you will be escorted to a high seat by the guide and allowed to shoot the target deer from that high seat unaccompanied and unsupervised.

‘Session Fee’

is a reference to the fee to be paid to us for conducting and arranging a Stalk.

‘Trophy’

is a reference to the head or antlers of a target deer.

‘Trophy Fee’

is a reference to the fee to be paid to us when a deer is shot and killed by you during a Stalk.

‘Estate Rifle’

A rifle belonging to us.

‘Relevant Estate’

Means the land or estate upon which a Stalk takes place.

 

2.

How to Book

2.1

You may book a stalking session with us through our website or over the phone using the following telephone number 077 9972 5450.

2.2

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

2.3

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

2.4

Session Fees, as detailed in clause 5.1.2, must be paid in full within three days of booking.

 

 

3.

Location of Stalk

3.1

It may not always be possible to provide a Stalk at the location agreed at the time of booking. Deer are wild and unpredictable and as a result of this, and the regulatory regime surrounding stalking, we reserve the right to vary the location of a Stalk for any of the following reasons:

 

a)

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

 

b)

you are unlikely to be able to locate or lawfully kill deer at a particular location, due to deer movements, closed seasons, availability of grazing or other natural, environmental or regulatory factors;

 

c)

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 a High Seat Stalk you must ensure, prior to booking, that you hold:

 

a)

a valid Firearms Certificate; and

 

b)

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

4.1.2

If you wish to undertake an Accompanied Stalk using your own rifle you must ensure, prior to booking, that you hold:

 

a)

a valid Firearms Certificate; and

 

b)

a valid shooting or stalking specific insurance policy with a reputable provider   (such as the British Association for Shooting and Conservation or the British Deer Society) providing at least £5,000,000 Public Liability cover;  or

 

c)

any other valid insurance policy that provides at least £5,000,000 Public liability cover for stalking and associated activities

4.1.3

If you do not hold a valid Firearms Certificate you will be accompanied by a Guide throughout the Stalk and you will use an Estate Rifle under close supervision from a Guide.

4.1.4

All documents specified in clauses 4.1.1 to 4.1.2 must be provided to the Guide for inspection prior to commencing a Stalk.

4.1.5

We reserve the right to refuse to commence or continue Stalking if:

 

a)

documents are not provided in line with clause 4.1.4; and/or

 

b)

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

 

c)

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

 

d)

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

 

e)

allowing the Stalk to commence or continue will or is likely to invalidate our own insurance cover.

4.1.6

You will not be eligible for a refund if a Stalk is terminated or cancelled in accordance with clause 4.1.5.

4.2

Competency Requirements

4.2.1

If you hold DSC level 1 or an equivalent stalking qualification you must present evidence of this qualification to the Guide prior to commencing a Stalk.

4.2.2

If you do not present evidence of stalking qualifications, as required by clause 4.2.1, you will be required to pass a competency test on a shooting range prior to commencing a Stalk.

The exact requirements of the competency test may vary depending on the type of quarry sought or form of Stalking to be undertaken. By way of an example, you may be required to achieve a four-inch group over three rounds from a distance of 100m.

4.2.3

If you have fewer than 5years stalking experience you will also be required to pass a further competency test on a shooting range prior to commencing a Stalk, in particular in order to demonstrate that you can locate and place your shots within the kill area of a target deer.

The exact requirements of this competency test may vary depending on the type of quarry sought or form of Stalking to be undertaken. By way of an example, you may be required to achieve a group of three rounds out of three in the kill area of a deer silhouette target from a distance of 100m.

4.2.4

All competency tests will be carried out under the supervision of the Guide.

4.2.5

The level of competency required to pass a competency test shall be determined by the Guide and shall be within his sole discretion.

4.2.6

We reserve the right to refuse to commence or continue Stalking if you refuse to complete a competency test or fail to complete a competency test to a satisfactory standard.

4.2.7

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

4.2.8

You must book competency tests at the same time as the Stalk.

4.3

Firearms

4.3.1

The use of a 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 Guide before, during and after a Stalk.

4.3.2

We will provide an Estate Rifle for use during a Stalk, to you as the client, upon request in accordance with 4.3.3 below.

4.3.3

Use of an Estate Rifle must be requested at the time of booking.

4.3.4

Clients using an Estate Rifle must be accompanied and closely supervised by a Guide. The Estate Rifle will be carried by the Guide at all times except when the target deer has been located and identified and the Guide has directed you to shoot it and thereafter once you have done so.

4.3.5

The Estate Rifle is to be returned to the Guide immediately upon the Guide’s reasonable request at any time.

4.3.6

You may use your own rifle during a Stalk, on the following conditions:

 

a)

the rifle is not of a calibre less than .243in;

 

b)

the rifle is submitted for inspection by the Guide prior to commencing a Stalk.

4.3.7

We reserve the right to refuse to commence or continue Stalking if:

 

a)

your rifle is in an unsafe condition; and/or

 

b)

your rifle and/ or ammunition does not match those prescribed by your Firearms Certificate; and/or

 

c)

your rifle and/or ammunition does not comply with your own insurance policy; and/or

 

d)

your rifle and/or ammunition does not comply with our own insurance policies and/ or the insurance policy of the Guide; and/or

 

e)

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

4.3.8

You will not be eligible for a refund if a Stalk is terminated or cancelled in accordance with clause 4.3.7.

 

5.

Pricing and Payment

5.1

Pricing

Session Fees

5.1.1

Our current prices are listed on the Stalking Costs page of the website (www.viscountstalking.co.uk/stalking/stalking-costs).

5.1.2

Session Fees are to be paid in full within three days of booking.

Trophy fees

5.1.3

Our current prices are listed on the Additional Charges for Trophies page of the website (www.viscountstalking.co.uk/stalking/additional-charges-for-trophies).

5.1.4

You will become liable to pay a Trophy Fee when you return from the Stalk with a successful outcome.

5.1.5

Trophy Fees for Fallow Does, Cull and Non Medal Buck, Roe and Muntjac Deer are payable at the conclusion of the Stalk at which they were incurred.

5.1.6

Trophy Fees for Medal Animals are due within fourteen days of invoicing. An invoice will be sent as soon as the Medal Animal has been assessed and approved by the International Council for Game and Wildlife Conservation.

5.1.7

If Trophy Fees remain unpaid for more than fourteen days after the due date we may charge you interest at 8% on any outstanding amounts.

5.2

Venison

5.2.1

All venison remains the property of the Relevant Estate.

5.2.2

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

5.3

 Irresponsible shooting charges

5.3.1

A charge may be levied against you if you take any inappropriate or irresponsible   shots, which result in:

 

a)

a deer being shot and not found; or

 

b)

a carcass being wholly or partly unfit for human consumption over and above the      collateral damage normally attributable to the shot advised by the Guide.

5.3.2

Irresponsible shooting charges will be made up of the following:

 

a)

the Trophy Fee for the animal in question;

 

b)

a flat fee of £50,  which is a genuine pre-estimate of the loss of value of venison to the Relevant Estate.

 

6.

Cancellations

6.1

If you wish to cancel a Stalk then you may do so without charge up to three clear days before the Stalk is due to take place.

6.2

If you cancel a Stalk within three clear days of the due date, then you will forfeit the Session Fee for that Stalk, unless you are able to find an alternative client to make use of the session in your place.

The loss of the Session 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 Stalk

 

Stalking, 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 Stalk 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 Stalk to begin or continue are set out in clauses 4.1.5, 4.2.7 and 4.3.7, in addition however:

7.1

We reserve the right to refuse to commence or continue Stalking if:

 

a)

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

 

b)

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

 

c)

Something that you do or say leads the Guide to reasonably believe that you intend to commit a firearms or wildlife offence, or any other offence whilst Stalking.

7.2

You will not be eligible for a refund if a Stalk is terminated or cancelled in accordance with clause 7.1.

7.3

We also reserve the right to refuse to commence or continue Stalking if High Seats, the Estate Rifle, or any other necessary equipment supplied by us, or the Relevant Estate, is found to be in an unsafe condition, and an alternative or reasonably satisfactory substitute cannot be found within a reasonable period.

7.4

If a Stalk is terminated or cancelled in accordance with clause 7.3, we will make reasonable efforts to rearrange the Stalk for another mutually convenient date. If no mutually convenient date can be found, or if you do not wish to rearrange the Stalk, then we will refund your Session Fee in full.

 

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 Stalk for a mutually convenient date as soon as practicable once the situation that prevented the Stalk taking place has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before the rearranged session will take place.

8.2

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

 

a)

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

 

b)

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

 

c)

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

8.3

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

 

a)

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

 

b)

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

 

9

Exclusion clauses

9.1

All representations made by us as to the likely success of a Stalk are made in good faith. As deer are wild and unpredictable, we are unable to guarantee that a Stalk 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 Stalk, Stalking, 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 Stalking 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 such as a High Seat or shooting range are in an acceptable condition, you are agreeing to use such 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 Stalk, 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 Stalk and as such, all vehicles and their contents are left at your own risk.

 

10

Booking Stalks with other providers through us.

10.1

Clauses 2 to 9 of these terms and conditions do not apply if you are booking a Stalk with another provider through us, or our representatives.

10.2

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.

10.3

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 advise you to read this documentation carefully before booking the Stalk.

10.4

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

 

a)

Organising, placing and confirming your booking with the alternative provider;

 

b)

Facilitating communication between you and the alternative provider;

 

c)

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

 

d)

The transmission of payments to the other provider on your behalf;

 

e)

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

10.5

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).

10.6

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

 

11 Amendments to the contract terms and conditions
  We will have the right to amend the terms and conditions of this contract where:
  a) we need to do so in order to comply with changes in the law or for regulatory reasons; or
  b) we are changing the rates we charge for the provision of Services as provided for in clause 7; or
  c) 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
  d) Where we are making any amendment we will give you 7 days' prior notice (unless the contract is terminated before that period).

 

12 Contacting each other
  If you wish to send us any notice or letter then it needs to be sent by email to phiz@viscountstalking.co.uk and 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.

 

13 Contracts (Rights of Third Parties) Act 1999
  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.

 

14 Law and jurisdiction
  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.

 

15 Severability
  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.
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