ASVA Terms & Conditions For Annual Membership Subscriptions, ASVA Cards, Feature Jobs and Events
1. Introduction:
1.1 These terms and conditions (“Terms”) explain the terms and conditions applicable to: ASVA Annual Subscription (and renewal thereof), ASVA Passcards, featured jobs and events booking requests made by you with the Association of Scottish Visitor Attraction (ASVA or the Company), incorporated under company number SC153812 and having its principal registration address at c/o Haines Watts, 3.1 Wallace House, Maxwell Place, Stirling, FK8 1JU.
1.2. These Terms are applicable only to annual subscriptions, ASVA passcards, featured jobs and events. All other membership rights and obligations are extensively covered in MEMORANDUM AND ARTICLES OF ASSOCIATION, available on the ASVA website in the Members Area.
2. ASVA Annual Subscription:
2.1. Each Attraction, Supplier, Associate and Academic Member shall pay an annual subscription, the Company shall not be liable to refund any part of the annual subscription of any organisation whose membership is withdrawn or terminated during the year.
2.2. Your annual subscription will be the subject of automatic annual renewal unless advised otherwise. You will be notified at least 30 calendar days in advance of a future membership invoice being issued.
2.3. Prior to your membership renewal, the visitor numbers for your attraction/s and, in the case of corporate members, number of sites in membership will be assessed to apply the relevant annual subscription fee. If no numbers are provided, the assessment will be conducted based on available data. If the assessment shows that a change of membership category is necessary, your renewal invoice will be adjusted.
3. ASVA Passcards:
3.1 ASVA passcards are primarily an educational tool to enable staff at member sites to familiarise themselves with other attractions both in their local area and in other parts of Scotland. ASVA member sites that charge for entry accept passcards from other member sites which allow free entry. The key benefits are: that staff will gain great awareness of others sites in the area enabling them to advise visitors of other things to see and do thus enhancing the visitor experience; staff using the cards have the opportunity to identify examples of best practice which might be then implemented at their own site;visitors using the card can be requested to complete a short questionnaire to find out more about their perceptions of their visit.
3.2 Where ASVA cards can be used and restrictions:
3.2.1 Staff members intending to use the cards must check any restrictions prior to visiting. Restrictions can be found on the individual attraction entry on the ASVA website. At certain times, some sites may have restrictions on the use of cards: for example, for specific exhibitions or during exceptionally busy periods such as in Edinburgh during the Festival.
3.2.2 Where the attraction operates a timed booking system and/or there is a capacity issue the user must call in advance or check at the time of booking that they may use the passcard at the preferred time.
3.2.3 Where the attraction is a leisure centre, theatre, or a venue for activity the holder should initially contact the attraction before visiting to check that the first visit can be on a free entry basis. Any subsequent visits by the same cardholder should also be pre checked to ascertain if any reduced rate applies.
3.2.4 It is not anticipated that cards can be used for ‘additional activities’ such as pony trekking but this should be clarified before any visit, similarly with special events.
3.2.5 Cards are strictly for ASVA MEMBERS’ STAFF USE only and cannot be used to gain free admission for accompanying adults and/or children. Any accompanying adults/children are expected to pay the normal entry fee.
3.2.6 A maximum of 2 cards should be presented at any one time. If you intend using more than one card for your visit, you should call the site in advance to ensure that they are aware that you are arriving as a group and to ensure that this is acceptable to the site. This is especially relevant during busy periods.
3.2.7 The attraction you are visiting may request feedback on your visit.
3.2.8 ASVA passcards cannot be used in conjunction with any other offers or discounts.
3.3 Members are advised to ensure that all staff members are aware of these guidelines especially those at the front desk. They are also requested to ensure that any staff using the passcards have read and understood the conditions to avoid any potential embarrassment. Any queries should be directed to info@asva.co.uk.
4. Featured Jobs
4.1. The ASVA Featured Job opportunity is designed to enhance the visibility of job listings and is a completely optional purchase. It provides the opportunity to highlight a specific role/s through premium placement and differentiating the listing layout. ASVA is not responsible for the effectiveness of advertisement nor the quality of application.
4.2. Any new Featured Jobs added will mean that those Featured Jobs already listed on the website will be moved down the list of Jobs appearing.
4.3. The Featured Job will be active for a 7 day period.
5. Events:
5.1. These terms and conditions apply to all ASVA events, including virtual events and the ASVA Annual Conference. Different cancellation policies may apply to different types of Events, so please read these terms carefully.
5.1. Making a booking request for an Event constitutes your acceptance of these Terms and your agreement to comply with them. Please read these Terms carefully before you complete an event booking request. These terms tell you how event bookings can be made, changed and cancelled, and other important information. Where you are making a booking on our website, these Terms should be read in conjunction with our website Terms of Use and Cookies and Privacy Statement. Your attention is particularly drawn to the provisions of Clause 9 (Limitation of Liability). We reserve the right to amend these Terms from time to time.
5.2. “ASVA Events” mean conferences, courses, workshops and webinars which are available to ASVA members, non-members and stakeholders.
5.3. “Event” means the event that you are making a booking request for at the time of acceptance of these terms and conditions.
5.4. Submitting an event booking through our online event booking system does not guarantee you a place at any of our Events. We will issue an automated email confirmation of your booking request. Your place at the Event is not guaranteed until (a) payment of the Event Fee (if applicable) is received or (b) you receive an email from us confirming your place is booked.
5.5. If we cannot accept your booking, we will let you know by email and refund any payment made.
5.6. It is your responsibility to ensure that the information you provide to us during the booking process is complete and accurate.
5.7. We reserve the right to give booking preference to those people who meet any attendance criteria for the Event.
5.8. When you submit an Event booking application, you will be asked to provide credit or debit card details for pre-authorisation purposes or for payment of the Non-Attendance Fee which will be listed in the Event registration details
5.9. When ASVA accepts your Event booking, it is incurring costs associated with your booking. If you:
5.9.1. Fail to attend the Event which your booking has been accepted for, or
5.9.2. Cancel the Event with less than 14 days’ notice in writing to ASVA.
5.10. ASVA may charge you a Non-Attendance Fee as liquidated damages. The Non-Attendance Fee represents a genuine pre-estimate of ASVA’s costs and losses associated with allocating you a place at Event
5.11. The Fee for the Event will be shown on our website on the page for the Event.
5.12. Payment of the Fee should be made by electronic payment on our website at the time of making the booking request. If you experience difficulties with making payment, please contact our Finance Manager to arrange an alternative method of payment.
5.13. Your receipt of our invoice and/or confirmation completes our contract with you.
5.14. We will use reasonable endeavours to describe event content in the event descriptions on our website accurately, but these are intended only to give an approximate idea of the Event.
5.15. We reserve the right to amend the programme of the Event or to cancel the event and any booking.
5.16 ASVA does not have control over any links shared during an Event and does not accept any liability for the content being viewed.
5.17. It is your responsibility to comply with all instructions given at the Event and to comply with all applicable laws, including health and safety laws, fire regulations and any codes of conduct for wi-fi access.
5.18. If attendance at the Event makes you privy to any information which is marked, or might reasonably be understood to be, confidential, you shall not use such information for any other purpose other than participation in the Event.
5.19. Special dietary requirements must be notified to us in writing, either during the booking process or by contacting us by email before the Event.
6. Data Protection
6.1. Our Privacy Policy and Cookie Policy set out the terms on which we process any personal data we collect from you, or that you provide to us. By making a booking for the Event, you consent to such processing by us and you warrant that all data provided by you is accurate. We may authorise a third party to process such data for the purposes of delivering the Event on terms which are substantially similar to those set out in these Terms. This includes our event booking platform and our payment processing provider, Stripe. We will only ever give your personal data to other third parties where the law either requires us or allows us to do so, or where you have given consent under this clause 6.
6.2. By making a booking for the Event you consent to the personal data (as defined in the Data Protection Act 2018 as amended) submitted through our booking system being used:
- For all necessary purposes for the administration of the Event including registration, delegate badges and catering;
- To contact you about the Event; and
- To provide delegate lists in hard copy and electronic form to other attendees at the Event including delegates, speakers and third-party sponsors or funders of the Event.
6.3. By attending the Event, you agree that we may use, reproduce and/or publish in any way whatsoever (without any payment being due to you) any photographs and/or video/audio that may pertain to you (including your image, likeness and/or your voice) and that we may licence others to do the same. You agree that such material may be used in our publications, public affairs releases, broadcast material and on our website, or for other related purposes. This agreement will continue until you notify us in writing that permission is withdrawn.
6.4. Where you are attending a Webinar, ASVA may record that Webinar and publish that Webinar on our website for other users to watch. Where you elect to participate in that Webinar, you will be informed prior to participate that you are being recorded. By consenting to participate, you also agree that ASVA may use, reproduce and/or publish in any way whatsoever (without any payment being due to you) any photographs and/or video/audio that may pertain to you (including your image, likeness and/or your voice) and that we may licence others to do the same. You agree that such material may be used in our publications, public affairs releases, broadcast material and on our website, or for other related purposes. This agreement will continue until you notify us in writing that permission is withdrawn.
7. Cancellation by You
7.1. This cancellation policy applies to all Event bookings once you have received confirmation of receipt of your order including, for example, a confirmation email or an invoice. Please note that when you submit an Event booking application for an event on a specified date and time that you are not entitled to a ‘cooling off period’ under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
7.2. Cancellation of ASVA Events (including Webinars). If you find you are not able to attend the Event after booking a place, please notify us in writing as soon as possible, via email. If a colleague is able to attend in your place and you notify us in writing, we are pleased to accept the substitution at no extra charge subject to such colleague submitting a new booking request for the Event including accepting these booking Terms and Conditions. Substitution is permitted if notified in writing up to five (5) days prior to the Event.
If you have paid an Event Fee
- If we receive your written notification of cancellation up to thirty (30) days before the Event, we will refund the Fee, less a 15% administration fee.
- If we receive your written notification of cancellation less than thirty (30) days but up to fourteen (14) days before the Event, we will refund 75% of the Fee (inclusive of the 15% administration fee).
- No refund will be available if we receive your written notification of cancellation less than fourteen (14) days prior to the Event or if you do not notify us of cancellation but fail to attend the Event.
If you have not paid an Event Fee, and (a) we receive your written notification of cancellation less than fourteen (14) days prior to the Event or (b) you do not notify us of cancellation but fail to attend the Event, ASVA may charge you a Non-Attendance Fee to reflect our wasted costs associated with your booking and the fact we may not be able to allocate your space to another attendee.
7.3. No refund will be made if we do not receive and acknowledge your written notification of cancellation. Under no circumstances will we reimburse you for any expenses incurred in making arrangements to attend the Event.
8. Cancellation by Us
8.1. We shall use all reasonable endeavours to provide the events described on our website, but we reserve the right to cancel or change the Event for any reason including but not limited to situations where the Event is under-subscribed, it becomes difficult for us to deliver the intended content, or for other reasons resulting from events, circumstances or causes beyond our reasonable control.
8.2. If the Event is cancelled for reasons outside our reasonable control no refund of the Fee will be given. If the Event is cancelled for reasons within our control, such as the Event being under-subscribed, we will refund the Fee but will not be liable for any expenses incurred by you in making arrangements to attend the Event.
9. Limitation of Liability
9.1. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the description of the Event, or event bookings generally, whether express or implied.
9.2. We will not be liable to you, or any other person making a booking or attending an Event in your place, for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Cancellation, including any expenses incurred by you in arranging attendance at an Event;
- Change;
- Loss of profits, sales, business or revenue;
- Loss of anticipated savings;
- Loss of use or corruption of software, data or information;
- Business interruption;
- Loss of business opportunity, goodwill or reputation;
- Any indirect or consequential loss or damage; or
- Loss resulting from reliance or action or failure to act based on material delivered at the Event.
9.3. Nothing in these Terms shall limit or exclude our liability for:
- Death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors (as applicable),
- Fraud or fraudulent misrepresentation,
- Any matter for which it would be unlawful to exclude or restrict liability.
9.4. Subject to the other provisions in this clause, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with these Terms shall be limited to the total fee paid by you to book the Event.
9.5. We shall not be liable to you and any other party for third party events advertised on ASVA website.
10. Miscellaneous
10.1. We may transfer our rights and obligations under these Terms to another organisation.
10.2. You need our consent to transfer your rights under these Terms to someone else.
10.3. Unless it expressly states otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
10.4. Any written communication to us required under these Terms should be addressed to info@asva.co.uk in the first instance. You can also contact our Membership Manager using the following details:
Telephone: 07458 306982
Web: asva.co.uk
10.5. These Terms constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreement, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.
10.6. Except as set out in these Terms, no variation of the Terms shall be effective unless it is in writing and signed by the parties.
10.7. A waiver of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Terms of by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
11. Governing Law
11.1 These Terms are governed by and construed in accordance with the laws of Scotland and you agree to accept the exclusive jurisdiction of the Scottish courts in relation to any dispute that may arise in connection with these Terms.
If you think there is a mistake in these terms or require any changes, please contact us to discuss. Our contact details are:
Email: accoutns@asva.co.uk
Telephone: 0745 8306 983