1. INTRODUCTION1.1 In these terms and conditions (including the Code of Conduct set out in Section 3 below (the "Code")), as amended by VisitScotland from time to time (the "Terms"), "VisitScotland" refers to the Scottish Tourist Board (trading as VisitScotland) and the "Operator" refers to the person or body that has agreed to these terms.
1.2 VisitScotland is committed to promoting and developing the tourism industry for the benefit of all industry stakeholders. The Operator recognises the benefits, both to individual tourism businesses and the industry as a whole, of improving the quality and value offered by every business involved in the industry.
2. WORKING WITH VISITSCOTLAND2.1 VisitScotland recognises that visitors expect a quality experience and accordingly all accommodation provider Operators must participate in the VisitScotland Accommodation Quality Assurance Scheme relevant to their accommodation business and meet the appropriate scheme standards.
2.2 The Code outlined in Section 3 below applies to all non-accommodation provider Operators who are not participating in a VisitScotland Quality Assurance Scheme.
2.3 As part of the commitment to ensuring quality, VisitScotland may at any time decide that participation in a particular VisitScotland Quality Assurance Scheme will be a requirement for working with VisitScotland. VisitScotland will give relevant Operators at least 12 months written notice of such a decision coming into effect. If any Operator does not join the appropriate VisitScotland Quality Assurance Scheme by the date in the notice, the Operator will be unable to continue to participate in VisitScotland marketing and promotional activities, and the Operator will immediately stop using all relevant "Working with VisitScotland" promotional materials in accordance with the Terms.
2.4 The Terms will apply for as long as the Operator wishes to continue working with VisitScotland or until the Operator’s participation in VisitScotland marketing and promotional activities comes to an end in accordance with the Terms. The Operator may
(i) display a sticker, a copy of the Code and any other promotional materials made available by VisitScotland,
(ii) refer to the fact that it is "Working with VisitScotland" in the Operator’s promotional materials and
(iii) display a current Quality Assurance Award (where applicable). Unless otherwise agreed with VisitScotland, the Operator shall not refer to or imply any other association with VisitScotland. When the Operator's participation in VisitScotland marketing and promotional activites comes to an end, the Operator will immediately stop using any such promotional materials.
3. CODE OF CONDUCTThe Code applies to non-accommodation provider Operators who are not participating in a VisitScotland Quality Assurance Scheme. Operators participating in a Quality Assurance Scheme are required to meet the relevant scheme standards.
3.1 Customer Care
The Operator will ensure that high standards of customer care are in evidence in correspondence and contact with customers. All staff will be expected to deal with customers in a courteous, efficient and polite manner. Complaints from customers or prospective customers will be dealt with courteously and promptly, with every effort made to resolve them to the satisfaction of all involved.
The Operator understands that a helpful and friendly attitude reflects well on its individual business, on the local area, as well as on Scotland as a whole. Therefore the Operator and staff will take a positive and proactive approach to dealing with queries from the general public (whether they are their own customers or not). In support of this, the Operator will encourage all staff to develop a good knowledge of local attractions and tourist services.
The Operator will ensure that both the Operator and its staff receive appropriate training and development where required or beneficial, whether in specific technical skills or in more general customer care.
3.2 Safety, Maintenance and Hygiene
The Operator will make sure that all buildings, premises, equipment and vehicles are maintained in sound condition, and fit for the purposes intended; and that high standards of safety are maintained at all times.
The Operator will ensure that the highest standards of cleanliness and hygiene will be maintained at all times.
3.3 Pricing and Advertising
The Operator will ensure that the prices of all products and services offered are made clear and unambiguous, including any surcharges or charges for additional services. Where prices are agreed in advance, these will not be exceeded. A receipt or VAT receipt will be available if requested.
The products and services on offer will be described fairly and clearly in all advertising – whether by printed brochures, web sites, word of mouth, or any other means. This will be kept up to date, and any changes advised to prospective customers. These products or services should be supplied or delivered as agreed with the customer, or as advertised – for example opening hours, appointments and reservations will be honoured.
It is the Operator's responsibility to be aware of, and comply with, all relevant statutory obligations and local licensing requirements relating to its business and to ensure that the Operator and its staff comply with these.
4. ADVERTISING AND PROMOTION4.1 Provision of Marketing InformationThe Operator shall ensure that any information provided to VisitScotland for any marketing activity (for example, copy and photographs for inclusion in advertisements in any medium):
(i) is accurate and complete;
(ii) will not breach any contractual or statutory rights of any third party (for example in relation to intellectual property rights);
(iii) complies with all relevant advertising statutes and codes of practice, for example the British Code of Advertising Practice; and
(iv) will not render VisitScotland liable to any claims or proceedings. For the avoidance of doubt, this applies equally to information contained on any web entry or website which the Operator requests VisitScotland to promote.
4.2 Use of Marketing Information
VisitScotland reserves the right to refuse to accept or amend any information provided by the Operator in relation to any marketing activity (including any website, or information contained on a website, that an Operator requests VisitScotland to promote). VisitScotland is unable to guarantee the date of insertion, position, wording or quality of any advertisement. Unless otherwise agreed between VisitScotland and the Operator, VisitScotland is unable to return any information provided to it.
The Operator shall pay the costs associated with any marketing activity in accordance with the terms of the relevant booking form or process. VisitScotland will issue the Operator with an invoice stating the price to be paid as soon as reasonably possible after VisitScotland’s receipt of the relevant booking form or completion of the relevant booking process. The Operator will pay all sums due in terms of such invoices within 30 days of the date of the invoice.
4.4 Accuracy of Adverts
It is the responsibility of the Operator to check the accuracy of any advertisement (in whatever medium). Neither VisitScotland nor its contractors or suppliers are able to accept any liability for any loss or damage arising as a result of the loss of any information provided by the Operator to VisitScotland or by any discrepancy or failure in the publication of any advertisement. In any matter of complaint, claim or query VisitScotland’s liability shall be restricted to (depending upon which of the following options VisitScotland reasonably believes is most appropriate in any particular situation) either giving a credit for the amount paid in respect of the advertisement or offering the Operator an appropriate alternative advertising opportunity without additional charge. Nothing in this Section limits VisitScotland’s liability for any matters in respect of which liability may not be excluded or limited by law.
5. GENERAL5.1 Inspection of Facilities
VisitScotland reserves the right to inspect the premises or facilities or services (including by "mystery shopping") of any Operator to monitor compliance with the Terms.
5.2 Participation and Termination
VisitScotland reserves the right to refuse any application to participate in any marketing or promotional activity. VisitScotland is also entitled at any time to notify an Operator that its participation in VisitScotland marketing and promotional activities has come to an end, including, but not limited to where:
5.2.1 VisitScotland reasonably considers that the Operator has caused damage to VisitScotland’s interests, reputation or standing; or
5.2.2 VisitScotland receives a complaint about the Operator which, after investigation of such complaint, VisitScotland believes to be sufficiently serious; or
5.2.3 the Operator is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986; or
5.2.4 the Operator has breached any of the Terms; or
5.2.5 the Operator has ceased (for whatever reason) to participate in the required VisitScotland Accommodation Quality Assurance Scheme; or
5.2.6 the Operator fails to pay any sums due to VisitScotland on time and/or in full.
5.3 Breach of Terms
The Operator will indemnify VisitScotland against all claims (including expenses) arising out of or in connection with the failure of the Operator to comply with the Terms.
5.4 Confidential Information
VisitScotland will use reasonable endeavours to keep confidential any information relating to an Operator that
(i) is provided to VisitScotland subject to an obligation of confidentiality or that the relevant Operator reasonably requests that VisitScotland keep confidential and/or
(ii) VisitScotland reasonably believes to be confidential. However, the Operator acknowledges that any such information may require to be disclosed by VisitScotland in accordance with its obligations under the Freedom of Information (Scotland) Act 2002.
5.5 Other VisitScotland Marketing Activities
The Operator acknowledges that additional terms and conditions may apply as a result of the Operator’s participation in any other VisitScotland and/or related third party marketing activity, including for example the rules applicable to a Quality Assurance Scheme, and the terms and conditions applicable to
(i) particular VisitScotland events and exhibitions and
(ii) visitscotland.com booking facilities operated by eTourism Limited in connection with bookings made via VisitScotland Tourist Information Centres and VisitScotland niche and seasonal websites. In the event of a conflict between the provisions of the Terms and those relating to any specific VisitScotland marketing activity, the terms applicable to that specific activity shall have precedence.
The Terms will be construed and governed in accordance with Scots law and the parties submit to the exclusive jurisdiction of the Scottish courts.
EVENTS AND EXHIBITIONSThese terms and conditions refer specifically to events and exhibitions organised by or on behalf of VisitScotland and apply in addition to the Working with VisitScotland terms and conditions.
1. INTRODUCTIONUnless otherwise stated in these terms and conditions (the "Conditions"), expressions defined in the Working with VisitScotland Terms and Conditions shall have the same meaning in these Conditions. The provisions of the Working with VisitScotland Terms and Conditions are incorporated into these Conditions by this reference. In the event of a conflict between these Conditions and the Working with VisitScotland Terms and Conditions, these Conditions shall have precedence.
2. BOOKINGS2.1 These Conditions apply to all booking(s) made by an Operator in relation to an event or exhibition organised by or on behalf of VisitScotland (an "Event"). The Operator agrees to comply with any additional terms and conditions applicable to particular Events that are set out in the relevant booking form or process (a "Booking Form").
2.2 As soon as possible after receipt of a Booking Form, VisitScotland will confirm to the Operator whether the booking has been accepted. VisitScotland reserves the right to refuse to accept any booking.
2.3 If a booking is accepted by VisitScotland, an invoice will be sent to the Operator for 100% of the total charge for participation in an Event, the total charge being as set out in the relevant Exhibitions Directory or as may otherwise be notified by VisitScotland to the Operator prior to VisitScotland’s acceptance of any booking (the "Total Charge"). The Operator will pay all sums due under any invoice within 30 days of the date of that invoice. For the avoidance of doubt, if the Operator fails to make payment of an invoice within such a period, it shall not be entitled to attend the relevant Event.
2.4 If a Booking is accepted by VisitScotland, details and timelines for artwork/information submissions, delivery address details, badging information, participation costs and all other requirements for and conditions of participation in the event will be supplied to the Operator. The Operator agrees to comply with all such requirements and conditions.
3. CANCELLATION AND POSTPONEMENT3.1 Postponement, Change or Cancellation by VisitScotland
3.1.1 VS shall be entitled to postpone or change the duration or venue of an Event at its absolute discretion. In the event of postponement or change of duration or venue of an Event, VisitScotland will be entitled to make any modification, re-arrangement or substitution to the form, layout and allocation of stances as it considers necessary, and such modification, re-arrangement or substitution shall be binding on the Operator except that where VisitScotland materially alters the size of allocated stances, VisitScotland shall notify the Operator and both parties shall use their best endeavours to agree an appropriate amendment to the Total Charge which appropriately reflects the alteration in size.
3.1.2 In the event of cancellation of an Event by VisitScotland (other than in the circumstances referred to in Condition 3.1.3 below), VisitScotland will, at the Operator’s option,
(i) refund to the Operator the Total Charge previously paid or
(ii) offer the Operator an appropriate (in VisitScotland’s opinion) alternative opportunity at another Event, and VisitScotland shall have no further liability to the Operator as a result of such cancellation.
3.1.3 VisitScotland, the proprietors of the Event venue and/or the organisers of the Event shall not be liable to the Operator or any other person for loss, injury or damage of any kind arising from or in any way attributable to the cancellation, postponement, delay or abandonment of the Event or change of duration or venue due to any cause beyond the reasonable control of VisitScotland. In the event of cancellation, postponement, delay, abandonment or change as a result of such a cause, VisitScotland shall not be obliged to refund any portion of any sums already paid by an Operator in relation to that Event.
3.2 Cancellation by the Operator
Operators cancelling a booking after VisitScotland has confirmed its acceptance of a booking will forfeit the Total Charge. VisitScotland is unable to refund the Total Charge unless:
(a) written notice of the cancellation is received by VisitScotland at least one month prior to the first day of the relevant Event; and
(b) VisitScotland is able to re-let the cancelled space in its entirety in return for payment of an amount that is at least equal to the Total Charge.
4. PROMOTIONAL ACTIVITIES4.1 Subject to Condition 3.1.1, the Operator shall be permitted to erect such trade stands and exhibits and use such promotional materials as VisitScotland may specify (in the relevant Booking Form, confirmation of booking or otherwise) or approve in writing in relation to a particular Event.
4.2 The Operator must complete all trade stands and exhibits, and promotional materials must be available, before the opening of the relevant Event. Trade stands and exhibits must not be removed and displays must not be dismantled either partially or totally, before the closing time on the last day of the Event. All exhibits and promotional and other materials brought to the Event by the Operator must be removed as soon as possible after the end of the Event.
4.3 VisitScotland reserves the right to prevent or stop any promotional activity on the part of an Operator that may cause disturbance, annoyance, danger or inconvenience to any other persons. The Operator may distribute promotional materials from the Operator’s trade stand but must not distribute promotional materials in the vicinity of entrances and exits. Exhibits or other devices which emit sound or light must cause no disturbance to other persons. If VisitScotland receives a complaint regarding an Operator’s conduct, VisitScotland shall be entitled to take such action as it deems appropriate, including but not limited to immediate removal of all trade stands, exhibits and promotional materials relating to the Operator without refund of any part of the Total Charge to the Operator.
5. LIABILITY5.1 The Operator shall not contravene any statutory or regulatory provision, in particular relating to the health and safety, copyright, performing rights, trading standards and consumer legislation.
5.2 The Operator shall indemnify VisitScotland against any loss, damage or expense arising from the acts, default or negligence of the Operator or any of its employees, agents and contractors and visitors to its trade stand.
5.3 The Operator undertakes to insure to their full replacement value the contents of his trade stand and all equipment and materials used by the Operator in connection with an Event. The Operator also undertakes to have in place adequate levels of appropriate liability insurance for the duration of an Event, including but not limited to product, public and employers’ liability insurance. VisitScotland reserves the right to require the Operator to produce satisfactory evidence of insurance cover required under this Clause 5.3 prior to the commencement of an Event. VisitScotland, the proprietors of the relevant Event venue and the organisers of the Event shall have no liability to the Operator for damage to or loss or destruction of the exhibit or other property brought to the Event venue by or for the Operator or any other person.
6. SAFETY6.1 The operator undertakes to become familiar with the health, fire and safety regulations applicable to the Event venue before the opening of the Event and to observe these for the duration of the Event. Aisles and fire exits must be kept clear of trade stands, exhibits and promotional materials. VisitScotland, the proprietor of the relevant venue and/or the organiser of the relevant Event shall be entitled to remove any articles blocking aisles or fire exits and shall not be liable to the Operator for any loss or damage occasioned by such removal.
6.2 All trade stands and exhibits must be appropriately constructed so as to avoid danger to persons attending an Event. The Operator shall indemnify VisitScotland against all claims on account of any injury to any persons whatsoever occasioned by or attributable in any way to the Operator.
6.3 The Operator shall obey all reasonable instructions given by VisitScotland, the occupier of the Event venue and/or the Event organiser during the Event.
7. MARKET RESEARCHThe Operator undertakes to participate in any follow-up research VisitScotland may conduct in order to evaluate the success/management of an Event.