Gift Voucher Terms & Conditions

These terms and conditions govern the agreement between the purchaser of each Voucher (as defined below) “you” and J Monteith trading as “Salmon Fish Scotland” / “we”/ “us” who’s address is at c/o Barclay & Co. Mill Road Industrial Estate, Linlithgow Bridge, Linlithgow EH49 7SF for the sale and redemption of gift vouchers for salmon fishing days (Vouchers) advertised and sold through the website at http://www.salmon-fishing-scotland.com.
 
Please click on the button marked "I Accept" when prompted in this website's checkout section if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Vouchers from our site.  
 
It is your responsibility to notify the recipient of the Voucher (User) of these terms and you will be liable for the User’s compliance with these terms.
 
We reserve the right to amend or replace these terms and conditions at any time.  If any significant changes are made, we will place a prominent notice on the Website homepage to communicate this.
 
We will not use any personal details belonging to you or any User other than for the purpose of the sale and redemption of the Vouchers and will not pass on any of these details to any third parties.  A copy of our privacy policy can be found on our Website.
 
You should print a copy of these terms and conditions for future reference.

1.                   Voucher Conditions

1.1                All requests for bookings for the date of redemption of the Vouchers (Bookings) must be made by email to jock@salmon-fishing-scotland.com   

1.2                Booking requests must specify the name of the person(s) who will be attending the fishing day. We will confirm the date of the agreed fishing day(s) by email response.  Subject to clause 4, no refund will be given for Vouchers that are not fulfilled before the Voucher expiry date or where the Booking for the Voucher is not made prior to the minimum 60 days Voucher expiry date.

1.3                Vouchers shall not be transferable to another party once a Booking has been made, unless approved by us at our sole discretion. No refund will be made if the User cannot attend any pre-booked salmon fishing days(s).

1.4                We may accommodate requests to redeem a Voucher against a higher value package, in which case you or the User must pay the balance to cover the up-grade.  The upgrade balance will be due upon upgrade and paid via credit card as specified in clause 6.4

1.5                Vouchers cannot be redeemed for cash.

1.6                We reserve the right to cancel any pre-booked fishing days upon reasonable notice, in which case we will offer an alternative fishing day of equivalent value or a full refund.

1.7                All persons must have third party insurance against sporting accidents at all times when taking part in the fishing days.

1.8                Any persons under 18 years old must be accompanied by an adult at all times when taking part in the fishing days.  All instructions and decisions given by stalkers, keepers guides and ghillies will be final and must be followed. All persons taking part in fishing days who wish to use their own fishing equipment will be required to comply with instructions to clean tackle which has been used on a fishery where there is a risk of contamination by the Gyrodactylis Salaris parasite and sign the declaration supplied by us.  Failure to comply with such instructions or decisions may result in the cancellation of the rest of the fishing day. In the event of such cancellation, there will be no right to a refund or compensation.

1.9                Neither us nor any person assisting us shall be liable for the consequences of delays or restrictions from adverse weather, obstructions, repairs or damage to navigational works, flooding, shortage of water, transportation restrictions, industrial action, fuel-rationing, shortages of or non-availability of fuel or any other cause that is beyond our reasonable control.  We reserve the right to restrict activity if unusual or hazardous conditions prevail.

1.10             We are not liable for any voucher(s) resold through a third party.

1.11              You accept all liability for the costs of repairs, damage or claims suffered, incurred by or intimated to us as a result of any act or omission of you or the User or either of your respective guests or representatives.

1.12              The voucher must be presented upon arrival when redeeming the experience.

1.13              We shall, in no circumstances, be liable to you, the User or any guest or representative of you or the User in contract, delict (including negligence) warranty or otherwise, in respect of any of the following losses or damage (whether such losses or damages were foreseen, foreseeable, known or otherwise):

(a)            losses that were not foreseeable to both parties when the contract was formed;

(b)            losses that were not caused by our breach;

(c)            loss of business profits, salary, business revenue, goodwill, or anticipated savings; or

(d)            loss which could have been avoided by reasonable conduct.

2.                   Your Status

By placing an order through our site, you warrant that:

(a)            you are legally capable of entering into binding contracts; and

(b)            you are at least 18 years old.

3.                   How The Contract Is Formed Between You And Us

Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms acceptance of your order (Order Confirmation).  The contract between us (Contract) will only be formed when we send you the Order Confirmation. 

4.                   Consumer Rights

4.1                If you are contracting as a consumer, you may cancel a Contract at any time within seven working days of receiving the Order Confirmation.  In this case, you will receive a full refund of the price paid for the Voucher(s) in accordance with clause 4.4 below. 

4.2                To cancel a Contract, you must inform us in writing. You must also return the Voucher(s) to us as soon as reasonably practicable, and at your own cost. 

4.3                You will not have any right to cancel a Contract for the supply of any Voucher that has already been redeemed/ used.  This provision does not affect your other statutory rights as a consumer.

4.4                If you return a Voucher to us because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation.  We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

5.                   Delivery

Your order will be fulfilled within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.  

6.                   Price And Payment

6.1                The price of the Vouchers and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. 

6.2                Voucher prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

6.3                Payment for all Vouchers must be by credit or debit card.  We accept payment with Visa Credit, Visa Debit, Visa Payment, Electron, Mastercard, Mastercard Debit, Maestro (UK) & American Express.  Your credit or debit card will be charged at order dispatch.

7.                   Our Liability

7.1                Subject to clause 7.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the value of the Voucher(s) set out in the Order Confirmation.

7.2                Nothing in this agreement excludes or limits our liability for:

(a)                death or personal injury caused by our negligence;

(b)                fraud or fraudulent misrepresentation;

(c)                any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(d)                defective products under the Consumer Protection Act 1987; or

(e)                any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

8.                  Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

9.                   Notices

All notices given by you to us must be given to J Monteith t/a ‘Salmon Fish Scotland at c/o Barclay & Co. Mill Road Industrial Estate, Linlithgow Bridge, Linlithgow EH49 7SF or by email to jock@salmon-fishing-scotland.com . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 8 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

10.                Transfer Of Rights And Obligations

10.1            The contract between you and us is binding on you and us and on our respective successors and assignees. 

10.2            You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

10.3            We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

11.              Events Outside Our Control

11.1            We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 

11.2          A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a)            strikes, lock-outs or other industrial action;

(b)            civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c)            fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d)            impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e)            impossibility of the use of public or private telecommunications networks;

(f)             the acts, decrees, legislation, regulations or restrictions of any government; and

(g)            pandemic or epidemic.

11.3            Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

12.                Waiver

12.1             If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

12.2            A waiver by us of any default will not constitute a waiver of any subsequent default.

12.3            No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 9 above.

13.                Severability

If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

14.                Entire Agreement

14.1             These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

14.2             We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

14.3              Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

14.4              Nothing in this clause limits or excludes any liability for fraud.

15.                Law and Jurisdiction

These terms and conditions are governed and construed by Scots Law and only the Scottish courts will have jurisdiction to deal with any disputes arising from the application or interpretation of these terms and conditions and the subject matter of the Contract.