WORKING WITH VISITSCOTLAND TERMS AND CONDITIONS 1. INTRODUCTION

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Barbara Evans
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1 WORKING WITH VISITSCOTLAND TERMS AND CONDITIONS 1. INTRODUCTION 1.1 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 VISITSCOTLAND 2.1 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.

2 2 3. CODE OF CONDUCT The 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.

3 3 3.4 Legislation 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 PROMOTION 4.1 Provision of Marketing Information The 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 4.3 Costs 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.

4 4 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. GENERAL 5.1 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: VisitScotland reasonably considers that the Operator has caused damage to VisitScotland s interests, reputation or standing; or VisitScotland receives a complaint about the Operator which, after investigation of such complaint, VisitScotland believes to be sufficiently serious; or the Operator is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986; or the Operator has breached any of the Terms; or the Operator has ceased (for whatever reason) to participate in the required VisitScotland Accommodation Quality Assurance Scheme; or 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 5.5 Other VisitScotland Marketing Activities 5.6 Law 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.

Accommodation Quality Assurance Scheme VisitScotland Quality Assurance Scheme Schedule of Conditions Please retain for your records

Accommodation Quality Assurance Scheme VisitScotland Quality Assurance Scheme Schedule of Conditions Please retain for your records Introduction In the event of a conflict between these Conditions and