CONDITIONS

Upon payment for the fishing let the clients confirm that they are in agreement with the following terms and conditions.

AGENT

This Contract is between the Estate and the Tenant. William Powell Sporting is not a party to the contract and acts as an Agent only.

ESTATE

The owners of the Kinkell Beat of the River Earn, C/O JM Osborne Rural & Sporting, Unit 11 & 12, Vantage Business Park, Bloxham Road, Banbury, OX16 9UX agrees to provide the agreed day/s fishing on the Kinkell Beat of the River Earn which is located at Kinkell Bridge, Auchterarder, PH3 1LQ, Scotland.

INCLUDED IN CHARGE

The full charge includes the provision of the following:

• Fishing on rotation across Kinkell’s 32 pools for the day/s that have been booked
• Access to all fishing huts and bank facilities along the stretch

EXCLUDED FROM THE CHARGE

The full charge does not include the provision of the following:

• Gratuities for the Ghillie
• The hire of any Fishing equipment
• Cancellation or disruption cover. We strongly recommend that you take this cover out and William Powell Sporting will happily provide a quote
• Transport to and from the fishing and along the river itself
• Accommodation
• Any insurance for yourself, guests, third parties or equipment

PAYMENT

The total fee is payable to confirm the booking. The total fee must be paid upon booking.

FISHING METHODS AND SAFETY

Wading and fishing from the bank. We strongly recommend that a buoyancy aid is worn at all times by persons in close proximity to the river.

Fly is the preferred method of fishing but spinning is allowed at certain times and in certain water conditions.

Fishing with prawns, shrimps or any part thereof is banned at all times. Fishing with worms is also not allowed.

RETURN POLICY

SEA TROUT
All Sea Trout should be released.

SALMON
All Salmon must be released.

SEASONS

SALMON

Fishing for Salmon is permitted from 1st February to 31st October, excluding Sundays.

SEA TROUT

Fishing for Sea Trout is permitted from 1st February to 31st October, excluding Sundays.

TROUT

Fishing for Trout is permitted from 15th March – 6th October, excluding Sundays. (Arranged at the Ghillies discretion)

GRAYLING

You may fish for Grayling at Kinkell from October 31st through to January 31st, excluding Sundays. (Arranged at the Ghillies discretion)

PHOTOGRAPHY

Please note that the owners of the fishing reserve the right to photograph any caught fish and to then use the photograph at their discretion, to include on social media. The angler reserves the right not to feature in the photograph if they do not wish to be included.

FISHING HOURS

The Ghillie will be in attendance during the normal hours of fishing from 9-00 hours to 17-00 hours but can be available later if required.

Bank fishing only is permitted out of the normal hours in the evening, once agreed with the Ghillie. Any catch made during the evening must be reported to the Ghillie.

THE ORGANISATION OF THE DAY

• The rent includes the services of one Ghillie. We recommend a tip of approximately £10-20 per rod per day
• The Estate and the person designated by it reserve the right to ask any rod to leave the fishings if in their opinion he or she is acting in an irresponsible and/or dangerous fashion, or for any other reason. In such cases no refund will be given and the Estate or its representative has total discretion as to the grounds for asking the person to leave.
• It is not the Estate’s responsibility to decide whether the tenant or members of the party are fit to fish, and the Tenant must ensure that this is the case. Members of the fishing 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.
• At Kinkell we like to encourage novices. If any member of the fishing team has not had reasonable fishing experience in the past, then we recommend that they have an instructor with them throughout the day, which we are happy to arrange, provided sufficient notice is given in advance.
• Unless specified otherwise, rods should meet at the designated meeting point (the main fishing hut, unless arranged otherwise) at 09.00 am each morning for a briefing and any information relating to that day’s fishing.

CANCELLATION

In the event that the day is unable to go ahead for any reason related to Coronavirus-19, but not because the tenant chooses not to fish, the tenant will get their money back in full and have the opportunity to fish a similar day the following season if requested. If however, the tenant decides on their own accord not to fish, but would otherwise have been able to, then all monies paid will be retained by the Estate.

If the Tenant cancels the day(s) for any reason, irrespective of whether or not full payment has been received, the tenant is liable for the full payment.

The Estate lets the rights of fishing only and does not accept responsibility for the natural hazard and adverse climatic conditions out with their control affecting the catching of Salmon, Sea Trout and other fish. The tenant should take out insurance to cover for flooding or adverse weather conditions where they are not able to fish. The Estate will not offer any other days to cover the days lost due to weather / river conditions. The Estate accept no responsibility for loss or damage to client’s property from whatever cause arising, nor for any injury to the client or any member of the fishing party (including non-fishers). We strongly recommend that all anglers, whether wading or on the bank, should wear buoyancy aids.

In the interests of safety, the Estate’s representative on the day will decide if it is safe to fish or not. Their decision is final and binding.

The Estate reserves the right to cancel fishing due to unforeseen events. In such a situation there will be a full refund of all monies paid but no interest. Neither the Estate nor William Powell Sporting will be liable for any additional or 3rd party costs or charges (such as travel, accommodation etc.) incurred due to the cancellation of the fishing.

PERSONAL INSURANCE

Neither the Estate nor William Powell Sporting as its Agents are liable for any death, personal injury or loss or damage for whatever reason, which may occur in the course of or as a result of the day(s) fishing. All rods must have third party liability insurance cover in respect of any claim and we recommend that this is not less than for £10 million pounds. The security for all rods, equipment, vehicles and other possessions are entirely the responsibility of the owner of them and neither the Estate nor William Powell Sporting will take any responsibility whatsoever.

CONTRACT LIMITATION

This Contract is not intended to create any contractual relationship between the Tenant and William Powell Sporting. William Powell Sporting will not be liable, in tort or contract, for any loss suffered by the Tenant in connection with this contract, or its formation or termination, howsoever arising. This let is subject to the Laws of Scotland.