"We’re Good to Go" Terms and Conditions
I. Terms & Conditions
In these Terms & Conditions,
“Applicant” means the person who applies to be granted the right to display the Logo for the Term,
“BTA” means the British Tourist Authority trading as VisitBritain/ BTA (incorporated under The Development of Tourism Act 1969 as the British Tourist Authority) of 151 Buckingham Palace Road, London SW1W 9SZ,
“Logo” means the “We’re Good to Go” logo,
“Materials” means all printed and electronic media, including signage and websites and all other media channels used by the Applicant in relation to the Property,
“Property” means the accommodation, visitor attraction or other tourism business described in the Application,
“Standard” means the COVID-19 tourism industry guidance made available by BTA under the Logo, and
“Term” means a term starting on the date that the Applicant is informed their application has been successful and ending on 31 December 2020, unless either, extended by the BTA for further time periods, or, ended earlier in accordance with these terms and conditions.
This “Agreement” shall include these Terms and Conditions, the Application, and Privacy Notice. References to the “parties” shall be to BTA and the Applicant; and each a “party”.
- Applicants may apply to BTA for the right to display the Logo for the Term at any time by completing an application.
- There is no fee payable by Applicants to make an application.
- BTA shall aim to process all applications, and to inform Applicants if successful or not, within 48 hours of receipt of a fully completed application.
- The Applicant undertakes to comply with all guidance identified in the application process as being relevant to it and their Property.
- Upon confirmation of successful application, the Applicant will become eligible to display the Logo (or such nationally branded Logo as may be applicable) on any printed or electronic media and at the Property itself for the Term. The Logo shall be displayed strictly in accordance with any guidance which may be provided to the Applicant by BTA or the relevant national tourism body from time to time. The Applicant agrees that BTA may publicise, in such manner as it shall determine, that the Applicant is eligible to display the Logo.
- The Applicant warrants that any answers given and information provided by itself, its agents or representative to BTA in relation to or in connection with its application are true and accurate and that it will notify BTA promptly of any changes to such information.
- The Applicant agrees that it shall promptly comply with any applicable updates to the Standard and any other related instructions as may be notified to it by BTA during the Term.
- The Applicant will respond promptly to all requests for information, and where requested, allow access to the Property, at any time to authorised representatives of BTA, for the purposes of BTA checking that the Applicant is complying with the Standard and/ or investigating any complaint(s) received in relation to its compliance with the Standard.
- BTA may amend or withdraw all or any part of the Standard at any time. Notice will be provided to the Applicant in writing. In the event that BTA amends the Standard, the Applicant will ensure that it promptly complies with all amendments.
- BTA may terminate this Agreement at any time by giving not less than 30 days' notice in writing to the Applicant. For the avoidance of any doubt, this Agreement shall automatically terminate at the end of the Term.
- On termination of this Agreement, howsoever caused, the Applicant shall immediately, and no later than within 5 days, at the Applicant’s own expense, remove all Logos and references to the Standard from all Materials. If, after 5 days following termination of this Agreement, the Applicant has not complied with its obligations to removal of all signage containing Logo(s), the Applicant shall allow the employees, agents or representatives of BTA such access as they require to the Property to remove all Logo(s) displayed at the Property. The Applicant shall pay to BTA all costs and expenses thereby incurred.
- If a Property is sold as a going concern during the Term, the right to display the Logo shall end automatically and the new owner shall have to make a new application in their name.
- Any Applicant disqualified from entitlement to display the Logo for whatever reason will not be allowed to re-join for a minimum period of 1 month from the date of disqualification. For the avoidance of any doubt, disqualification shall cause this Agreement to terminate at the time of disqualification. Re-application at an earlier stage may be considered by BTA where it is felt special circumstances apply. In all cases acceptance of reapplication will be at the sole discretion of BTA. If disqualification was on the basis of quality or the level of complaints, then it must be demonstrated that the areas of concern have been addressed. This may be done in the form of a visit by a BTA representative, for which a charge may be made.
- The Applicant shall have in place adequate procedures designed to prevent any person working for or engaged by the Applicant or any other third party in any way connected to this Agreement, from engaging in any activity, practice or conduct which would infringe any anti-bribery and anti-corruption laws, regulations and codes, including but not limited to the Bribery Act 2010, as may be amended or replaced from time to time. Breach of this Clause shall entitle BTA to terminate this agreement by written notice with immediate effect.
- All Logos (and any other materials) provided by BTA to the Applicant will remain the property of BTA and all intellectual property rights in such will remain vested in BTA.
- The Applicant may not assign, subcontract or encumber any right or obligation under this Agreement, in whole or in part, without BTA’s prior written consent.
- The parties are independent persons and are not partners, principal and agent or employer and employee and these terms and conditions do not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.
- If any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement shall not be affected and shall continue in full force and effect.
- No failure, delay or omission by BTA in exercising any right, power or remedy provided by law or under this Agreement shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
- The Applicant shall comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to it and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform its obligations under or in connection with this Agreement.
- The Applicant shall indemnify, and keep indemnified, BTA from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by the BTA (and or by any other national tourism body in any part of the UK) as a result of or in connection with the Applicant’s breach of any of the Applicant’s obligations under this Agreement.
- The Applicant warrants that it is fully entitled and authorised to enter into this Agreement with BTA and, in particular, that any licence it grants to BTA does not infringe any third party rights.
- The Applicant recognises and accepts that the Standard includes guidance made available by BTA in good faith and provided to BTA by third parties. Accordingly, it accepts and agrees that BTA gives no warranties in relation to the Standard.
- In no circumstances shall BTA ( and or any other national tourism body in any part of the UK) be liable to the Applicant in contract, tort (including negligence or breach of statutory duty) or otherwise, howsoever caused, for any claim or series of connected claims, or any increased costs or expenses, or for any loss of profit, business, contracts, revenues or anticipated savings, or for any special, indirect or consequential damage of any nature whatsoever arising from the Applicants use of the Logo or the Standard and/ or otherwise in connection with this Agreement.
- The Applicant shall keep confidential all confidential information of BTA and of any of its agents and shall only use such confidential information as may be required to perform its obligations under this Agreement.
- If there is a conflict between the terms contained in the Application or these Terms and Conditions, the terms of these Terms and Conditions shall prevail.
- This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with the Agreement.
- BTA reserves the right to amend these terms and conditions at any time and the Applicant agrees to adhere to all such amended versions published by BTA. This version published June 2020.
II. PRIVACY NOTICE
Who we are
The British Tourist Authority (“BTA”, “we”, “us” or “our”), a statutory body incorporated under the Development of Tourism Act 1969, with its offices at 151 Buckingham Palace Road, London SW1W 9SZ,
The personal information we collect and use
Information collected by us
In the course of providing the Standard we collect the following personal information when you provide it to us:
Information collected from other sources
How we use your personal information
We use your personal information to perform our obligations under the Agreement, and, provided you have given us consent, to contact you about products and services which may be of interest to you.
Who we share your personal information with
We will share personal information with law enforcement or other authorities if required by applicable law.
We will not share your personal information with any other third party unless we have obtained your prior written consent or under any other lawful basis we might consider to be applicable.
Whether information has to be provided by you, and if so why
The provision of Contact Data is required from you to enable us to process your application. We will inform you at the point of collecting information from you, whether you are required to provide the information to us.
How long your personal information will be kept
Transfer of your information out of the EEA
If you would like further information please contact us, our Data Protection Officer (see ‘How to contact us’ below). We will not otherwise transfer your personal data outside of the EEA or to any organisation (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.
Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:
- fair processing of information and transparency over how we use your use personal information
- access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
- require us to correct any mistakes in your information which we hold
- require the erasure of personal information concerning you in certain situations
- receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
- object at any time to processing of personal information concerning you for direct marketing
- object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
- object in certain other situations to our continued processing of your personal information
- otherwise restrict our processing of your personal information in certain circumstances
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please contact us using the details below:
- This website is owned by the British Tourist Authority.
- Our principal place of business is in London, England.
- You can contact us by post, to 151 Buckingham Palace Road, London, SW1W 9SZ;
Data protection officer
1.1. Our data protection officer's contact email address is DPO@visitbritain.org
1.2. You can request a copy of the personal data that we hold on file by sending a subject access request to SAR@visitbritain.org
Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
How to complain
We hope that our Data Protection Officer can resolve any query or concern you raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/.