User rights agreement

Last updated: 2023-11-01

INTRODUCTION

The Lessor, (the ”Landowner”); and The Buyer, (the ”Hunter”). The parties above are hereafter referred to collectively as the "Parties" and individually as "Party".

1. DEFINITIONS

Insofar as the Swedish Jaktlag (1987:259), hereinafter referred to as the "Hunting Act", contains terms corresponding to those used in this Agreement, such terms shall be interpreted and applied in accordance with the Hunting Act and supplementary Swedish legislation.

1.1 In this Agreement, the following terms shall have the following meanings:

i) “Wildlife” means wild mammals and birds.
ii) “Hunting” means capturing or killing WildLife and searching for, tracking or pursuing Wildlife for that purpose. Hunting also includes interfering with the nests of Wildlife and taking or destroying the eggs of birds.
iii) “Felled Animals” means Wildlife killed or captured in connection with the Hunt.

2. PURPOSE WITH THIS AGREEMENT

2.1 The Parties have reached a consensus that the Hunter(s) shall have the right of use to Hunt on the land specified by the Landowner during (the "Service") the time stated in the notification made to Hektara AB, org. no. 559375-7429 ("Company" or "Hektar") by the Parties. The primary purpose of this Agreement is to regulate the Parties' dealings in the event that the Hunter violates the Hunting Act or this Agreement and to stipulate the rights and obligations of each Party.

3. GENERAL CONDITIONS

3.1 The Hunt shall be conducted in accordance with the Hunting Act and the terms of this Agreement. In the event of a breach of the Hunting Act, publicly dangerous behaviour, drunkenness or other gross disregard for safety, the Landowner is entitled to immediately cancel the Hunt without the possibility of repayment to the Hunter. This may also include deviation from guidelines given by the Landowner for safety purposes.

3.2 Matters relating to the conduct of the Hunt, but not regulated in this Agreement, shall comply with recognised standards of good Swedish hunting practice, hunting culture and the Hunting Act.

4. RIGHTS AND OBLIGATIONS OF THE LANDOWNER

4.1 Hunting shall be conducted in accordance with the Hunting Act and the terms and conditions of this Agreement. In the event of a breach of the Hunting Act, publicly dangerous behaviour, drunkenness or other gross disregard for safety, the Landowner is entitled to immediately suspend the Hunt without the possibility of repayment to the Hunter. This may also include deviation from guidelines given by the Landowner for safety purposes.

4.2 As a general rule, Felled Animals shall accrue to the Landowner. However, the Parties may reach an agreement that Felled Animals shall be allocated to the Hunter against compensation, depending on the Wildlife in question, in accordance with the price list provided or stated by the Landowner. This agreement is reached through Hektar’s website or on the spot.

4.3 Shots fired at Wildlife that are not found but where blood is found at the scene of the shot are regarded as felled Wildlife and result in the payment of a fee ("Felling fee").

4.4 In the case of shooting at Wildlife that goes further ("Damage Shooting") and thus must be searched for, the Landowner is entitled to charge a fee for a patrol ("Search Patrol") that goes out and searches for the Wildlife in question and takes care of it. The fee to which the Landowner will be entitled is stated in the advertisement on the Hektar website. The Landowner is entitled to set a fee within the ranges indicated on the Hektar website depending on the location and circumstances of the search.

5. RESPONSIBILITY OF THE HUNTER

5.1 The hunter is responsible for ensuring that the weapons brought are loaded and comply with the prevailing hunting rules for the Wildlife being hunted.

5.2 The hunter is responsible for handling his own weapon and for the shots he fires.

6. LANDOWNER RESPONSIBILITY

The Landowner shall provide the Hunt under the conditions agreed by the Parties in this Agreement and through Hektar’s website.

7. DAMAGES

In the event that the Hunter negligently or intentionally violates the terms of this Agreement or otherwise disregards what follows from the Hunting Act, good Swedish hunting practices or hunting culture or other Swedish legislation regarding hunting, the Landowner is entitled to compensation for the damage suffered.

8. THE COMPANY

8.1 The parties agree to indemnify Hektar in the event that either party breaches any provision of this Agreement.

8.2 In the event that this Agreement is terminated, and the Hunter participates in Hunting with the same Landowner within 12 months of the termination and the booking is not made through Hektar, Hektar is entitled to receive 10 percent of the booking fee then paid by the Hunter to the Landowner. The fee is paid by the Landowner to Hektar.

9. RIGHT OF WITHDRAWAL & CANCELLATION

9.1 The main rule when buying goods or services through a digital medium is that you as a consumer have a 14-day right of withdrawal from the time the contract is confirmed.

9.2 The service that the Landowner provides through Hektar is Hunting and thus constitutes a leisure activity. For such types of services, the right of withdrawal is excluded, i.e. you as a Hunter cannot withdraw from the agreement after you have received final confirmation that the booking has been accepted by Hektar.

9.3 You as a Hunter are though entitled to cancel the service. However, Hektar and/or the Landowner reserves the right to reasonable compensation for his/her legitimate and justified costs arising from the cancellation. The compensation is primarily based on the time of the cancellation. Hektar / Landowner may set reasonable standardised cancellation fees.

9.3.1 The standard cancellation fee is based on the amount stated in the booking confirmation (the "Fee"), which is;

(i) At least 25 percent of the Fee for cancellations later than 30 days before the Hunt;
(ii) At least 50 per cent of the Fee for cancellations later than 14 days before the Hunt; and
(iii) 100 percent of the Fee for cancellations later than 7 days before the Hunt.

9.3.2 In the event that the Hunter finds a replacement approved by the Landowner in a reasonable time before the Hunt, the standardised cancellation fee does not apply.

9.4 If you want to cancel the service, you must send Hektar a clear and unambiguous notice of your decision to cancel the service and withdraw from the agreement. This is best done by e-mail to booking@hektar.se or through the "Cancel" function on the website.

9.5 State which booking it concerns, your name and contact details and that you wish to cancel the agreement.

10. DURATION OF THIS AGREEMENT

This Agreement enters into force when duly signed by the Parties through the Company's web service and ceases to apply when the Service is terminated. Clause 12 of this Agreement shall apply indefinitely.

11. MESSAGES

Notices, claims or complaints relating to this Agreement shall be sent by courier or registered letter to the address stated above or to the address subsequently notified in writing by one of the Parties or by e-mail as set out below. A notice shall be deemed to have been received by the addressee:

(1) upon delivery if the message is delivered by courier;
(2) three working days after delivery by post if the notice has been sent by registered letter;
(3) by e-mail on the first working day following the date of dispatch.

12. APPLICABLE LAW AND DISPUTE

12.1 This Agreement shall be interpreted and applied in accordance with Swedish law.

12.2 Disputes arising from this Agreement shall be settled by the general court at the district court in the municipality where the Hunter is domiciled.