1.1 This document sets out the terms and conditions on which VisitScotland (VS) provides its products and services. Any Operator that submits an Order to VisitScotland in respect of any products or services agrees to be bound by, and to comply with, the Terms.
1.2 In this document, the following terms have the meanings given to them in the below:
|“Accepted Order”||means the Order submitted by or on behalf of the Operator that has been accepted by VS in accordance with section 2.1.1 below;|
|"Business Marketing Information"||means the information that is provided by the Operator to VisitScotland as part of its application form for a Business Web Listing under the section of that form headed "Business Marketing Information";|
|"Business Web Listing"||means any listings of holiday accommodation and other tourism-related businesses belonging to, managed by, or made available, by the Operator and other operators that are published on the visitscotland.com website from time to time;|
|“Code”||means the code of conduct set out in section 3 below;|
|“Fees”||means the fees (if any) payable by the Operator for the Products and Services as specified in the Accepted Order;|
|“Material”||means all text, images, pictures, photographs, documents, graphics and other materials (in whatever form or medium) that are provided by the Operator to VS and/or its agents or representatives under and/or in connection with the Products and Services and/or the Terms for the purposes of marketing the Operator's business, which shall include, without limitation, all Business Marketing Information and any other materials or information that are provided or uploaded by the Operator via and/or for use on any VS Site and/or are provided by the Operator for use in connection with any promotional brochures or other materials produced by or on behalf of VS;|
|“Operator”||means the person, company or other body that submitted the Order to VS;|
|“Order”||means the order submitted to VS by or on behalf of the Operator requesting that VS provide the Products and Services, described in that order, which order may (without limitation) be submitted using an order form that is completed on any VS Site, an order form that is submitted electronically to VS via e-mail, a paper order form that is delivered to VS by post or in person to a VS iCentre, or by such other means (including, for example, by submission of details relating to the Operator by any Web Booking Service Provider or any other of its agents or other service providers and/or by any trade association or other group in which the Operator may participate) as may be approved or permitted by VS from time to time;|
|“Products and Services”||means the products, services including but not limited to Business Web Listings, and/or marketing or promotional activities described in the Accepted Order;|
|“Terms”||means this document (as it may be updated by VS from time to time), together with the Accepted Order and all other documents referred to in this document;|
|“VS||means VisitScotland, an executive non-departmental government body established under the Development of Tourism Act 1969 and having its principal office at Ocean Point One, 94 Ocean Drive, Edinburgh, EH6 6JH, United Kingdom;|
|“VSQAS”||means any of VS’s quality assurance schemes from time to time;|
|“VS Sites”||means the websites operated by VS at visitscotland.com, visitscotland.org and such other websites and/or mobile applications as may be operated by or on behalf of VS at any time (and shall include, for the avoidance of any doubt, any parts of such sites or applications that are operated by any third party);|
|“Web Booking Engine”||means any application that provides real time availability information about Business Web Listings relating to holiday accommodation and tourism related businesses and permits customers to place bookings directly with the Operator; and|
|“Web Booking Service Provider”||means any provider of a Web Booking Engine.|
1.3 VS 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.
1.4 In pursuit of the aim set out in section 1.3 above, the Code applies to all Operators. In addition, for Operators that participate in a VSQAS or a third party quality assurance scheme that is recognised by VS, the schedule of conditions (or other terms and conditions of membership) applicable to the VSQAS or the relevant third party quality assurance scheme also apply to those Operators.