Conditions of Fishing Let

Conditions of Let

1. Fishing is for Salmon, Grilse, Sea Trout and Brown Trout on both banks of the River Spey at Orton. There are two Beats such that two parties of 3 rods (or one party of 6 rods) enjoy the services of one Ghillie on each Beat which alternates with the other Beat at 1pm each day. There is a fishing hut on each Beat, two boats on Upper Orton and three boats on Lower Orton.

2. The maximum number of rods to be fished by your party at any one time is the amount stated on your offer letter. This must be abided to please.

3. Upper Orton consists of the following pools: - House, Glide, Willows, Couperee, Greenbank and Upper Cairnty.

4. Lower Orton consists of the following pools: - Lower Cairnty, Arns, Island Point, Island Stream, Wee, New, Twenty Pound, Junction and Turn Pools.

5. On the first fishing day Fishers are asked to meet with the Head Ghillie at 9am at the riverside before starting to fish.

6. Fishing hours are normally 9.00am to 5.00pm, Monday through Saturday which corresponds with Ghillies’ working hours. If Fishers want to fish outside these hours, they are asked to arrange this in advance with the Head Ghillie and to fish for not more than a total of eight hours daily in order that the Pools can be well rested before the other party is due to fish on that Beat.

7. All salmon and sea trout caught must be reported to the Head Ghillie. In order to protect the integrity of the Spey stock and to maximise their spawning potential, we encourage Fishers to follow the recommendation of the Spey District Fishery Board that all fish caught up to May 31st, and all hen fish throughout the season, voluntarily be released alive. The method of fishing must be by “fly only” and hooks should be “pinched” (or barbless) for this purpose. Fishing with prawn, shrimp or worm is prohibited and spinning is also prohibited. Please also see details of the Spey Fishery Board catch and release advice.

8. Boats are provided for the Lessees’ use but for safety purposes they should be handled by the Ghillie unless expressly permitted by the Head Ghillie to be used independently at the Lessee’s risk or at the risk of or other members of his or her party. Each boat must be kept in its respective pool and properly secured. Each must be locked at the end of each day.

9. Our Ghillies are employed full time but in the event of illness and other possible other causes of absence, the Estate will use its best efforts to procure the services of a temporary Ghillie for each Beat. If there are occasions when it is unable to do so for reasons beyond its control, it shall not be held liable.

10. If you are a 3 rod party you will alternate between the Upper and Lower huts each year.

ACCOMMODATION

11. Accommodation is provided for your party in the property mentioned in our Offer. Portable beds or sleeping bags must not be used in any of our properties.

12. Our staff will service the property daily, except that if you engage a cook/caterer you should please ensure that they clean the kitchen and its equipment, the dining room and its tableware etc., on a daily basis with a view to keeping them as clean and tidy as they were when you arrived. The estate reserve the right to charge for additional cleaning if these areas are not left clean and tidy.

13. A changeover of guests during the week will incur additional laundry charges.

14. Dogs are welcome but must be kept off beds etc and on leads. They should please not be allowed
to foul the immediate area around the property.

CATERING

13. You may wish to engage a cook/caterer. The estate will assist with finding one for you subject to availability. The estate will not be party to the contract between you and the cook/caterer(s) in any way and accepts no liability for whatever arises from it.

14. Alternatively, subject to adequate notice, the estate may be able by arrange to provide your party on a daily basis with (pre-prepared) food and beverages for your party to consume in our property. The charges for food, beverages and this service will be an addition to charges for accommodation. Subject to a request by you a menu will be advertised separately. All costs relating to this service should please be settled before your departure.

15. Alternatively, you may use the property on a self-catering basis, in which case the estate reserves the right to charge for additional cleaning if in its judgement such additional cleaning arises because the property has not been left as clean and as tidy as when your party arrived.

GENERAL

16. The Lessee shall be one of the persons fishing and staying in the accommodation, and sub- letting is prohibited unless specifically agreed by the Estate in writing in advance.

17. The charge for Fishing and Accommodation shall be payable in full by the dates stated on the offer. Failure to pay on time shall be deemed to be a cancellation.

18. Charges for ‘extras’ (drinks, telephone use, additional meals etc) must be settled before departure. Wi-fi is available at no extra charge.

19. VAT, where applicable, shall be paid at the rate pertaining at the time of payment.

20. Cheques should be made payable to:
ARGW Millar t/a Orton Estate

and sent to the Estate

Office,
Orton,
By Fochabers,
Moray
IV32 7QE.

21. Cancellation should be addressed in writing to ARGW Millar and the effective date of cancellation shall be the date when written notification is received by ARGW Millar. Insurance against cancellation is strongly recommended because no refunds will be made if cancellation takes place within twelve weeks of the start of the Let. If, for reasons beyond its control the Let has to be cancelled by the Estate, all monies received shall be refunded and there shall be no further claim upon the Estate.

22. Liability Disclaimer. The Estate hereby disclaims any liability or responsibility arising from the misuse of any piece of equipment provided by the Estate including any inappropriate or improper use of information provided. The Estate shall not be liable for accident, theft or other damages incurred by the Lessee and his or her guests. Please note that Orton Estate supply life preservers and our anglers are required to wear lifejackets at all times, particularly whilst wading and using boats. The Lessee shall be liable for any damage caused to furniture and furnishings incurred by the Lessee and his or her guests or pets.

23. Acceptance of any offer of fishing and /or accommodation shall automatically constitute full acceptance of the above disclaimer of liability. Lessees are advised to take out their own Liability Cover.

24. Without prejudice to any right which you may have to claim against the Estate by entering into this contract, you undertake not to sue any individual employee or agent of the Estate for anything connected with any action you may wish to take.

25. None of the preceding paragraphs will operate to exclude or restrict any liability which the Estate may have for death or personal injury resulting from negligence.

Thank you.