1. INTRODUCTION
1.1. This document sets out the terms and conditions on which VisitScotland (VS) provides a Ticket to an Event. Any Operator that submits an Order to VisitScotland in respect of a Ticket agrees to be bound by, and to comply with, the Terms. Purchase of a Ticket constitutes acceptance of these Terms.
1.2 In this document, the following terms have the meanings given to them 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;
"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;
"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 for the purchase of a Ticket or Tickets from VS, as described in that order, which be submitted using a form that is completed on the designated VS Site or 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;
“Ticket” means tickets or other types of evidence of booking (including electronic confirmation) for an Event purchased by you from VisitScotland for the right to attend an Event.
“Ticket Price” means the price set by VisitScotland for the sale of a Ticket at the time it is sold to the Operator, including VAT, but not including any other fees such as booking or delivery fees;
"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;
"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. INTRODUCTION
Unless 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. BOOKINGS
2.1 These Conditions apply to all booking(s) made by an Operator in relation to an event or exhibition organised by or on behalf of VS (an "Event"). The Operator agrees to comply with any additional terms and conditions applicable to particular Events that are set out in the relevant Order or process.
2.2 As soon as possible after receipt of an Order, VS will issue a written acceptance or confirmation of the booking to the Operator. VS reserves the right to refuse to accept any booking. A booking shall not be binding on VS unless and until it is accepted by VS. For the avoidance of doubt, (i) VS shall not be obliged to provide any services to the Operator other than those expressly stated in the accepted Order and (ii) the Conditions apply to the exclusion of any other terms that the Operator seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.3 If a booking is accepted by VS, the Operator shall pay the total Ticket Price due to VS by the method, and within the timescale, specified by VS in the Order (or in the confirmation or acceptance issued by VS). If the Operator does not pay the Ticket Price in full within the specified time (which, in the case of payments due following receipt of an invoice from VS, shall be no more than 30 days after the date of VS's invoice), VS shall be entitled to refuse entry to the Operator at the relevant Event. Unless VS expressly advises the Operator to the contrary, the Ticket Price is stated exclusive of VAT, which shall be payable by the Operator in addition at the applicable rate.
2.4 If a Booking is accepted by VS, details and timelines for artwork/information submissions (if applicable), 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.
2.5 Unless otherwise specified, one Ticket admits one individual from the Operator’s organisation or business to the Event.
2.6 The Operator registered to attend the Event must be over the age of 18 unless prior permission is granted by us.
2.7 By attending the Event you acknowledge that photographs and filming may take place at the Event. VS reserves the right to use images and videos recorded at the Event with your photograph and/or likeness in future marketing materials, including social media channels, websites, and print material, without obtaining any further approval from you or making any payment to you. If you do not wish your photograph to be taken at an Event, then please notify the photographer during the Event and we will use reasonable endeavours to comply with your request.
3.2.1 Operators cancelling a booking after VS has confirmed its acceptance of a booking will forfeit the Ticket Price. VS is unable to refund the Ticket Price unless otherwise specified within the Order.
4. PROMOTIONAL ACTIVITIES
4.1 Subject to Condition 3.1.1, the Operator shall be permitted to erect such trade stands and exhibits and use such promotional materials as VS may specify (in the relevant Order, confirmation of booking or otherwise) or approve in writing in relation to a particular Event, where applicable.
4.2 The Operator must complete all trade stands and exhibits, and any 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 VS 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 VS receives a complaint regarding an Operator's conduct, VS 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 Ticket Price to the Operator.
5. LIABILITY
5.1 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 VS 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. VS 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. VS, 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. SAFETY
6.1 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. VS, 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 VS 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 VS, the occupier of the Event venue and/or the Event organiser during the Event.
6.4 The Operator and all attendees from the Operator’s organisation shall be required to follow the most recent Scottish Government Covid-19 Advice and Guidance in place at the date of the Event.
6.5 VS reserves the right to eject any Event attendee whose conduct is unacceptable, based on the reasonable opinion of VS.
7. MARKET RESEARCH
the Operator undertakes to participate in any follow-up research VS may conduct in order to evaluate the success/management of an Event.