Introduction
In the event of a conflict between these Conditions and the Terms and Conditions for Working with VisitScotland these Conditions shall have precedence.
1. Definitions
“VisitScotland” – means an Executive Non Departmental Government Body (including any subsidiaries thereof), established under the Development of Tourism Act 1969 as amended under the Tourist Boards (Scotland) Act 2006, and having its principal office at Ocean Point One, 94 Ocean Drive, Edinburgh, EH6 6JH, United Kingdom.
VisitScotland’s Quality Assurance Schemes are branded under the name of “Scottish Tourist Board”. Hereinafter, referred to as Quality Assurance Scheme(s).
In this Schedule of Conditions the following words will have the meanings ascribed to them:
“Operator” - means the person (whether an individual or individuals, partnership, trust, company or other corporate body) carrying on the business associated with the visitor attraction;
“Attraction” - means the visitor attraction to which an award has been given or which is awaiting a quality assurance award visit and includes any third party goods or service operator on site. In the event that the Operator has more than one visitor attraction, the Operator must make separate applications for entry into the Quality Assurance Scheme for each “attraction”;
“Scheme Year” - means the period ordinarily from 1 April in any one year to 31 March of the following year.
2. The Schedule of Conditions applies for the period of participation within the Quality Assurance Scheme, from the date of VisitScotland’s receipt of application and payment throughout the Scheme Year, the granting of any award that may be given until such time that the Operator voluntarily withdraws from participation in the Quality Assurance Scheme, or the Quality Assurance award given ceases to have effect in accordance with the terms hereof.
3. (a) The Quality Assurance award shall apply to the Operator, in respect of the Operator’s nominated Attraction(s), for the period from the date of receipt by the Operator of the award confirmation letter or e-mail from VisitScotland until the earlier of:
i. the date on which the Operator ceases to participate in the Quality Assurance Scheme; or
ii. the Quality Assurance award ceases to have effect in accordance with the terms hereof, which period is hereinafter referred to as “the relevant period”.
(b) VisitScotland may, from time to time, during the relevant period, revise the Quality Assurance award to be applicable to the Operator in respect of the Attraction. The said revised Quality Assurance award shall be the one in force and applicable to the Operator from the date of notification from VisitScotland confirming the said revised Quality Assurance award until the earlier of:
i. the date of receipt by the Operator of a letter or email from VisitScotland further revising the Quality Assurance award ; or
ii. the occurrence of one of the events referred to in sub-paragraphs (i) or (ii) of paragraph (3a) of this clause.
(c) All references in this Schedule of Conditions to the “Quality Assurance award” shall, unless the context requires otherwise, be taken as references to the Quality Assurance award given by VisitScotland to the Operator in respect of the Operator’s nominated Attraction as revised by VisitScotland, from time to time, in accordance with the provisions of this clause.
4. (a) Initial participation in the Quality Assurance Scheme is from the date of VisitScotland’s receipt of the Operator’s application until the end of that Scheme Year, thereafter participation is renewed annually by the Operator’s payment of the annual fee as prescribed by VisitScotland.
(b) The annual fee is payable in advance, and within 30 days of invoice date. Any annual fees which remain unpaid after this time will be passed to VisitScotland’s credit control team. The fee contributes towards the continued use of the Quality Assurance award by the Operator. The fee also covers scheme administration, promotion of the Quality Assurance schemes and awards, data management and an annual or biennial Quality Assurance visit. A quality assurance visit may take place in advance of VisitScotland’s receipt of payment of the invoice by the Operator.
(c) The annual participation fee is payable regardless of whether or not a quality assurance visit has taken place, and it will be non-refundable under any circumstances after the end of June.
5. The Quality Assurance award may be subject to such terms and conditions as VisitScotland sees fit and, in the event that the Quality Assurance award given to the Operator in respect of the Attraction is subject to such terms and conditions, the Operator shall comply with them in full in the operation of the Attraction.
6. If the Operator provides catering at the Attraction, the catering provision will be assessed under our “Taste our Best” scheme for free as part of the assessment for the Quality Assurance Scheme. The Operator can choose whether or not to accept the award under the “Taste our Best” scheme if the business achieves the award. If the business is not successful in achieving the “Taste our Best” award, this will not impact the assessment under the Quality Assurance Scheme. If the Operator does accept the “Taste our Best” award, the Operator agrees, as part of the “Taste Our Best” scheme, that VisitScotland may at any time conduct spot checks to verify the provenance of Scottish produce on menus in use by the Operator. Failure to participate in a spot check or failure to verify Scottish sourcing at the required level, as pre-determined by VisitScotland, will result in withdrawal of the “Taste Our Best” award, and removal of the Operator from the “Taste our Best” scheme.
7. The Operator shall be entitled to display the appropriate wall plaque and window sticker, and any other promotional material provided by VisitScotland in respect of the Quality Assurance award only for the duration of the relevant period and subject to the other conditions of this Schedule.
8. VisitScotland may, from time to time, in its absolute discretion, alter, amend, replace or vary the criteria and/or method by which the Quality Assurance award is established, and any reference herein to the “Quality Assurance criteria” shall be taken as being a reference to the said criteria and/or method by which the Quality Assurance award assessment of the Attraction is made.
9. The Operator shall be entitled to refer to, or advertise, the Quality Assurance award given only for the duration of the relevant period.
10. The Operator shall, for the duration of the relevant period, be bound to maintain the Attraction so as to continuously comply with the relevant Quality Assurance criteria. The Operator shall also notify any third party operators within the Attraction that they may be assessed as part of the Quality Assurance award visit and the Operator shall communicate to them the standards required to comply with the relevant Quality Assurance criteria.
11. The Quality Assurance award, brown tourist signage, wall plaque, and any promotional items acquired by the Operator may not be assigned by the Operator by any means whatsoever.
12. The Operator shall immediately inform VisitScotland of any proposals to sell, lease or otherwise dispose of the Attraction.
13. (a) If the Operator terminates participation of the quality assurance scheme between 1 April and 30 June the annual fee will be refundable only if a visit has not taken place.
(b) If the Operator terminates participation of the quality assurance scheme between 1 July and 31 March the annual fee is payable by the Operator and is non- refundable regardless of whether or not a quality assurance visit has taken place.
14. The Operator shall inform any person to whom (s)he intends to sell, lease or otherwise dispose of the Attraction as aforesaid prior to such sale, lease or disposal, that any Quality Assurance award given by VisitScotland in respect of the Attraction shall cease to apply immediately upon the transfer of the Attraction by the Operator whether by sale, lease or otherwise to the said person and that if the said person wishes to receive a Quality Assurance award the said person must make the appropriate application to VisitScotland.
15. Without prejudice to Condition 3 hereof, the Quality Assurance award given will cease to apply with immediate effect in the event that during the relevant period any of the following occur:
i. the Operator sells, leases or otherwise disposes of the Attraction or the business associated therewith;
ii. the Operator fails to comply with the relevant Quality Assurance scheme criteria for the Attraction;
iii. any information, including information available on the visitscotland.com website, given to VisitScotland by or on behalf of the Operator and whether or not in connection with the application for joining the Quality Assurance Scheme or during any visit to the Attraction, is found to be false or misleading, or where it is found that there has been a failure to disclose any material fact that would have had a bearing on VisitScotland’s award; and/or
iv. the Operator displays or allows to be displayed at the Attraction, or refers or allows reference to be made in any form whatsoever, to a Quality Assurance award differing from that which has been awarded by VisitScotland to the Operator in respect of the relevant period.
16. The Operator shall be bound at the end of the relevant period or on the earlier cessation of the Quality Assurance award given in terms of any of the conditions of this Schedule, forthwith to remove from the Attraction all promotional material pertaining to the Quality Assurance award provided by VisitScotland and any other advertisement pertaining thereto including brown tourist signage and any promotional items acquired by the Operator. The Operator shall also forthwith delete or cause to be deleted any reference to any Quality Assurance award whether then in force or otherwise, which appears anywhere in the Attraction or in any advertising or business material pertaining thereto.
17. The Operator shall indemnify VisitScotland against all claims for compensation including any expenses arising from or in respect of such claims arising out of or in connection with the failure by the Operator to maintain the Attraction in accordance with the Quality Assurance criteria upon which the award to the Operator was based during the relevant period.
18. VisitScotland reserves the right to withdraw any Operator from the Quality Assurance Scheme for which it has received three or more written complaints within one Scheme Year/12 month period; or where the business has failed to achieve an award; or where access to the Attraction by VisitScotland for the purposes of the quality assurance visit has been refused or denied by the Operator on more than two occasions and, in the sole opinion of VisitScotland, such refusal or denial of access is being used to frustrate the efforts of VisitScotland to grade the Attraction; or there has been a breach by the Operator of any of these conditions; or the Operator fails to pay the annual fee within the specified period of the award.
19. The Operator shall ensure that the VisitScotland Code of Practice for Visitor Attractions is followed at all times.
