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WEB SITE TERMS AND CONDITIONS

These are the terms and conditions (“Consumer Terms and Conditions”) which govern your use of the web site which you will require to access to purchase a Lucknam Park on-line gift voucher (the “Web Site”).

By reading and accepting these Consumer Terms and Conditions, you will be automatically transferred to the Web Site and will be bound by these Consumer Terms and Conditions.

We, Lucknam Park reserve the right to vary these Consumer Terms and Conditions from time to time. It is your responsibility to regularly review these Consumer Terms and Conditions before each purchase to keep up to date with any changes to them.


1. Purchase

1.1 The Web Site offers gift vouchers for sale (“Gift Voucher”).

1.2 No contract for the sale of any Gift Voucher will subsist between you and Lucknam Park unless and until Lucknam Park accepts your order by way of an email detailing that payment has been received in full, the content of the Gift Voucher purchased and confirming your details (the “Confirmation”). That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Lucknam Park sends the Confirmation to you (whether or not you receive that Confirmation) . The Confirmation amounts to an acceptance by Lucknam Park of your offer to buy gift voucher(s) from Lucknam Park or a third party supplier that is engaged on your behalf by Lucknam Park.

1.3 You must check that the details of the Confirmation are correct as soon as possible and you should print out and keep a copy of it.

1.4 Payment shall be taken on our behalf by SK Chase Limited as agent for us by credit or debit card (Mastercard, Visa, Delta or Switch).

1.5 You undertake that all details you provide to Lucknam Park for the purpose of ordering Gift Voucher are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Gift Voucher ordered.

1.6 In order to protect your details during ordering, the Web Site uses a software package known as Secured Sockets Layer (SSL), which is indicated by a padlock which will appear in the bottom left hand corner of the web browser (grey border area of the screen).


2. Issuing Gift Vouchers

2.1 Each Gift Voucher sold is subject to terms and conditions of use which can be viewed on the Web Site alongside each individual Gift Voucher.

2.2 We shall be responsible for issuing, posting first class (or special delivery if requested) and performing any other terms set out in the Confirmation. The Gift Voucher should be issued and posted within three (3) days of sending out the Confirmation, although you must bear in mind that during busy holiday periods it might take longer longer. We accept no liability for any delay which may occur in the delivery times.


3. Complaints Procedure and Returns

3.1 Please remember that the terms and conditions which will apply to each Gift Voucher will be individual to each Gift Voucher and can be viewed on the Web Site alongside each individual Gift Voucher. Subject to paragraph 3.2 below, our policy on cancellations or refunds will be in accordance with the terms and conditions of each individual Gift Voucher.

3.2 All Gift Vouchers are non-refundable and non-transferable unless otherwise agreed by us.

3.3 All specific arrangements regarding booking dates and times must be made directly with us, and we recommend that you reconfirm any arrangements made with us a few days before the event to avoid disappointment. We will use all reasonable endeavours to meet your request but cannot guarantee any specific date or time.

3.4 Nothing in the Consumer Terms and Conditions or any additional terms and conditions applicable to a Gift Voucher alter or affect your statutory rights.


4. Liability

4.1 This section applies only to the extent permitted by law. For the avoidance of doubt, Lucknam Park do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Lucknam Park negligence or wilful default, or that of Lucknam Park employees, agents or subcontractor or (b) fraudulent misrepresentation.

4.2 In the event that Lucknam Park breach their contract with you, Lucknam Park shall be responsible only for refunding the cost of the Gift Voucher. Lucknam Park shall not be liable to pay any other compensation or losses suffered by you as a consequence of Lucknam Park breach of contract.

4.3 Lucknam Park agree to provide the services for which the Gift Voucher was purchased in accordance with the description on the Web Site, at all times with reasonable skill and care. Lucknam Park make no other warranty or representation.


5. Copyright

The Web Site is protected by copyright, and other intellectual property rights and laws. You may view the Web Site and download part(s) of it to a personal computer for personal viewing for private purpose, but for no other purpose whatsoever. NONE OF THE CONTENT MAY BE DOWNLOADED, COPIED, REPRODUCED, TRANSMITTED, STORED, SOLD OR DISTRIBUTED FOR ANY NON PERSONAL PURPOSE WITHOUT OUR PRIOR WRITTEN CONSENT.


6. Privacy

6.1 Your privacy is important to us, and we are committed to maintaining the privacy of any personal information received from you. We subscribe to the principles of UK data protection legislation. By giving us your details you accept that we will be able to use them for operational purposes including providing your details to our payment collector, SK Chase Limited.

6.2 In using your personal data for operational purposes we may send your information internationally including to countries outside the EEA (for example to the U.S.A.). By accepting these Consumer Terms and Conditions you acknowledge that some of these jurisdictions offer differing levels of protection of personal information, not all of which may be as high as the UK, and you consent to your data being transferred to such countries.


7. Disclaimer

By accessing and using the Web Site, or any of the information on it, you acknowledge that, while reasonable endeavours have been used to ensure that all information contained on the Web Site is correct, accurate and up to date, we make no warranties, representations or undertakings that the material on the Web Site will be free from infections, viruses, worms, trojan horses and/or other codes that have contaminating or destructive properties. (It is your responsibility to take protective steps such as virus checking).


8. Governing Law and Jurisdiction

The Web Site and these Consumer Terms and Conditions are governed by the laws of Scotland. You agree to submit to the jurisdiction of the Scottish courts in all matters relating to such use of the Web Site and in relation to these Consumer Terms and Conditions. If any provision of these Consumer Terms and Conditions is found by a court of competent jurisdiction to be invalid you agree that the other provisions of these Consumer Terms and Conditions will remain in full force and effect in so far as possible. If you access the Web Site from outside the UK you are responsible for compliance with any local laws relating to access.

  • GENERAL TERMS AND CONDITIONS APPLYING TO GUESTS WHO BRING GUNS

    1. Definitions

    1.1 In each Contract, the following words and expressions shall, unless the context or circumstances require otherwise, have the meanings assigned to them below:

    “Additional Charges” means charges applicable to the provision of the Services which are charged in addition to the Charges including, as applicable, insurance charges, charges in respect of Damage Waiver and Damage Waiver Plus and any other additional costs and expenses referred to in these Terms and Conditions;

    “Charges” means the charges set out in the Contract or if no charges are detailed in the Contract, LPH standard charges for the relevant Services in force from time to time;

    “Contract” means the contract for Services between LPH and the Registered keeper created in accordance with clause 3.1;

    “Damage Waiver” means the optional waiver of liability for payment by the Registered keeper for damage to Guns and ammunition as set out in clause 9;

    “Damage Waiver Plus” means the optional waiver of liability for payment by the Registered keeper for loss or damage to Guns and ammunition as set out in clause 9;

    “Guns and ammunition” means the items of guns and ammunition to be safe keeping by the Registered keeper as listed in the Request, all substitutions, replacements or renewals of such guns and ammunition and all related accessories, manuals and instructions provided for it to be supplied as part of the Services;

    “Event Outside LPH’ Control” means any act or event beyond LPH’ reasonable control, including without limitation strikes, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

    “Group” means in respect of a party, its Parent Undertakings, its Subsidiary Undertakings and the Subsidiary Undertakings of any of its Parent Undertakings from time to time (“Parent Undertaking” and “Subsidiary Undertaking” having the meanings set out in section 1162 Companies Act 2006).

    “Safe keeping Period” means the period of safe keeping of the Guns and ammunition in respect of each Contract as set out in the Request if not cancelled earlier in accordance with the applicable Cancellation Clause;

    “Registered keeper” means the person legally entitled by certification or license to be in possession of a relevantly listed firearm and ammunition set out as such in the Contract;

    “LPH” means Lucknam Park Hotel set out in the Contract;

     “Replacement Cost” means the cost of replacing any item of firearm or part of it including but not limited to the cost of the item or part of it, any unpaid Charges that would otherwise have been paid by the Registered keeper were it not for such replacement, and a reasonable administrative charge to be determined by LPH covering the cost to LPH of administering the replacement, notified to the Registered keeper at the point of safekeeping;

    “Services” means the safe keeping of Guns and ammunition by LPH to the Registered keeper;

    “Site” means the Registered keeper’s primary business premises unless specified otherwise in the Contract or in an Request or any other premises at which the Guns and ammunition are located;

    “Term” has the meaning give to it in clause 3.2;

    “Terms and Conditions” means these terms and conditions that apply to an individual Request;

    (a) references to the singular include the plural and vice versa and references to any gender include every gender;

    (b) references to a “person” include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality);

    (c) references to any statute or statutory provision shall include any subordinate legislation made under it and shall be construed as references to such statute, statutory provision and/or subordinate legislation as modified, amended, extended, consolidated, re-enacted and/or replaced and in force from time to time;

    2. Information about LPH and contacting LPH

    2.1 The name, company registration number, registered office address and VAT number of the relevant LPH company from which the Guns and ammunition will be in safe keeping is set out on the Contract.

    2.2 If the Registered keeper has any questions or if the Registered keeper has any complaints, please contact LPH.

    3. Requests

    3.1 A Contract will be formed between LPH and the Registered keeper for the provision of Services set out in the Request, when LPH confirm their acceptance of the Request by issuing an Request Acknowledgement to the Registered keeper.

    3.2 The placing of any Request and/or the acceptance of delivery of the Guns and ammunition shall be conclusive evidence of the Registered keeper’s acceptance of these Terms and Conditions.

    4. Responsibilities

    4.1 It is the Registered keeper’s responsibility to ensure that all Guns and ammunition are as described on license and / certificate and are fully legally compliant with the Registered keeper’s approvals.

    4.2 Nothing in these Terms and Conditions shall require LPH to accept any request placed by the Registered keeper. LPH reserves the right to refuse to the safe keeping of guns and ammunition to the Registered keeper for any reason whatsoever at its sole discretion.

    5. The Guns and ammunition

    Right to Guns and ammunition and Return of Guns and ammunition

    5.1 The LPH acknowledges that the Guns and ammunition remains at all times the property of the Registered Keeper and title and ownership shall not pass to LPH.

    5.2 LPH has no right, title or interest in the Guns and ammunition except that it is safe keeping to the Registered keeper in accordance with the terms of the Contract.

    5.3 LPH shall not, other than in the exercise of its rights under the Contract or applicable law, interfere with the Registered keeper’s quiet possession of the Guns and ammunition during any Safe keeping Period.

    5.4 The Registered keeper shall immediately notify LPH of any loss, accident, damage or defect in the Guns and ammunition or if the Registered keeper considers that the Guns and ammunition may cause damage to the LPH property.

    5.5 The Registered keeper shall grant or shall procure that LPH or its authorised representative is granted access to the Site at all such reasonable times on LPH giving the Registered keeper reasonable notice to:

    (a) inspect the Guns and ammunition and ensure the Registered keeper’s compliance with its obligations under law; and

    (b) carry out any inspections of the Guns and ammunition as provided for under the Contract.

    5.6 Where the Gun is supplied with ammunition, LPH shall be responsible for returning the Guns and ammunition with the same amount of ammunition.

    Condition, Use and Storage of the Guns and ammunition

    5.7 The Registered keeper:

    (a) shall use the Guns and ammunition in compliance with all laws and applicable regulations including any firearm legislation which relates to the use of the Guns and ammunition and in accordance with any operating and/or safety instructions provided to or supplied to the Registered keeper;

    (b) shall not without the prior written consent of LPH, carry the Guns and ammunition to any land or building so as to cause concern to other guests;

    (c) shall not, without the consent of their Licensing Authority, part with control of the Guns and ammunition (including for the purposes of repair or maintenance) whilst on hotel property;

    (d) shall not do or permit to be done anything which could invalidate LPH’ insurances;

    (e) is responsible for the security of the Guns and ammunition whilst in the Registered keeper’s possession; and

    (f) will take all appropriate measures to secure the Guns and ammunition at the Site when not in use.

    5.8 LPH shall during the Safe keeping Period ensure that:

    (a) the Safe Keeping shall be carried out with reasonable skill and care; and

    (b) on the Commencement Date, the Guns and ammunition shall comply with:

    1. all applicable laws and statutory regulations; and
    2. any reasonable instructions and guidelines issued by the Registered keeper at the time of safe keeping, including health, safety and security standards.

    5.9 If, at any time during the Safe keeping Period, LPH becomes aware of a breach of the previous clause LPH shall give written notice of the breach to the Registered Keeper as soon as reasonably possible once LPH has become aware of the breach.

    5.10 LPH shall not be responsible to the Registered keeper for any breach of clause 5.9 and shall not be required to repair or replace the Guns and ammunition if:

    (a) the breach arose directly as a result of any act or omission of the Registered keeper; and/or

    (b) the breach was caused by or contributed to as a result of the misuse, neglect, alteration, mishandling or unauthorised manipulation of the Guns and ammunition.

    5.11 LPH may investigate defective Guns and ammunition and, on request, will provide the Registered keeper with a written report of this investigation.

    Damage to or Loss of Guns and ammunition

    5.12 Subject to Damage Waiver or Damage Waiver Plus applying the Registered keeper shall be responsible to LPH for:

    (a) all costs and expenses in respect of: (i) rectifying any damage to the Guns and ammunition (fair wear and tear excepted) which occurred during the period in which the Guns and ammunition was at the Registered keeper’s risk and (ii) cleaning the Guns and ammunition following collection of the Guns and ammunition, in each case to return the Guns and ammunition to a condition fit for safe keeping. Such costs and expenses shall be confirmed to the Registered keeper by LPH, subject to supporting documentation.

    6. Charges and Payment

    6.1 The Registered keeper shall become liable to pay the Charges from the date of hand over.

    6.2 The Registered keeper shall pay the Charges and any Additional Charges for the safe keeping of the Guns and ammunition in accordance with these Terms and Conditions.

    6.3 LPH will be entitled to vary the Charges and any Additional Charges at any time by giving written notice to the Registered keeper to reflect any variation in the cost of safe keeping the Guns and ammunition which arises as a consequence of:

    (a) any variation in the Registered keeper’s requirements for the Guns and ammunition;

    (b) any information provided by the Registered keeper being inaccurate or incomplete; or

    (c) any failure or delay by the Registered keeper in providing information.

    6.4 LPH may, prior to the safe keeping of the Guns and ammunition, require the Registered keeper to pay such deposit as is considered appropriate by LPH as notified to the Registered keeper at the time the Guns and ammunition is requested (“Deposit”) and/or require the Registered keeper to provide details of a valid credit or debit card as a Deposit. Such further sums as are necessary from the credit or debit card (as applicable). Any Deposit sum (or balance thereof) shall be refundable at the end of the Safe keeping Period.

    6.5 Any sum payable under the Contract is exclusive of VAT (and any other similar or equivalent taxes, duties, fees and levies) which shall be payable in addition to that sum in the manner and at the rate prescribed by law from time to time.

    6.6 The Charges will be payable by the Registered keeper to LPH for the duration of the Safe keeping Period.

    6.7 Unless otherwise agreed by the parties in writing or in the Contract, all invoices submitted by LPH shall be paid by the Registered keeper within a period of thirty (30) days from the end of the month in which the relevant invoice is issued.

    6.8 If any Charges or Additional Charges are not paid on or before the due date for payment, LPH shall be entitled to charge the Registered keeper interest on that sum at 4% per annum above the base lending rate from time to time of Barclays Bank plc from the due date until the date of payment, such interest to accrue on a daily basis.

    6.9 No payment made by the Registered keeper shall in any way impair or restrict any rights or remedies the Registered keeper may have under the Contract or otherwise.

    6.10 Save as otherwise expressly provided in the Contract or required by law, all payments to be made by either party under the Contract shall be made in full and without any deduction or withholding including on account of any counter-claim.

    6.11 Should any portion of an account fall overdue then the total account will become due on demand. The Registered keeper will be responsible for reasonable legal charges incurred by LPH in the recovery of amounts due. In addition, LPH is entitled to suspend further services to the Registered keeper.

    7. Performance Failure

    If LPH fails to supply the Services (or any part thereof) and the failure was not caused by the Registered keeper and/or the Registered keeper’s failure to comply with its obligations and restrictions under the Contract then, save as otherwise set out in the Contract, the Registered keeper shall be entitled (without prejudice to any other rights or remedies it may have):

    (a) to require LPH to remedy such breach by re-supplying the relevant Services at no additional charge; or

    (b) to require LPH to repay or credit to the Registered keeper that part of the Charges paid by the Registered keeper relating to the relevant Services that LPH has failed to supply.

    (c) theft of Guns and ammunition must be reported to the Police immediately and a crime reference number obtained;

    (c) the Registered keeper must notify LPH immediately of the theft describing in full detail whether this was theft from a vehicle where the Guns and ammunition was left visible and unattended;

    8. Variation

    LPH may update these Terms and Conditions from time to time, for example, to comply with changes in the law or to take account of new requesting or payment processes or new firearms legislation. The Registered keeper must always check these Terms and Conditions prior to placing an Request to ensure that the terms which apply to that Request are understood.

    9. General

    9.1 If LPH fails to insist that the Registered keeper performs any of its obligations under the Contract or if LPH does not enforce its rights against the Registered keeper, or if LPH delays doing so, that will not mean that LPH has agreed not to enforce its rights against the Registered keeper and will not mean that the Registered keeper does not have to comply with those obligations. If LPH does waive a default by the Registered keeper, LPH will only do so in writing, and that will not mean that LPH will automatically waive any later default by the Registered keeper.

    9.2 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any term is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

    9.3 The parties do not intend that any part of these Terms and Conditions or any term of the Contract shall be enforceable by any person other than the parties.

    9.4 These Terms and Conditions and the Contract are personal to the Registered keeper and the Registered keeper shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under the Contract without the prior written consent of LPH.

    10. Governing Law and Jurisdiction

    10.1 These Terms and Conditions and the Contract and any non-contractual obligations arising out of or in connection with them will be governed by English law.

    10.2 LPH and the Registered keeper both agree that the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms and Conditions or the Contract (including in relation to any non-contractual obligations), except if the Registered keeper is a Consumer and a resident of Northern Ireland the Registered keeper may also bring proceedings in Northern Ireland, and if the Registered keeper is a resident of Scotland, the Registered keeper may also bring proceedings in Scotland.