Terms & Conditions of Membership of the Green Tourism Programme
Welcome to the Green Tourism Membership Terms and Conditions. Green Tourism is a trading name of Green Business UK Limited (Company number SC227139), which is responsible for delivering the Green Tourism programmes which promote greener ways for businesses and organisations to operate, as set out on the Website (hereinafter “Green Tourism”).
1. Becoming a Member
1.1 In order to become a Member of Green Tourism and/or Green Meetings, a completed online application form must be submitted. Green Tourism will assume that authorisation has been given by the appropriate management level for participation in Green Tourism and/or Green Meetings and full payment of ongoing membership costs is understood.
1.2 On receipt of an Application Form, Green Tourism will acknowledge receipt of said application form by e-mail. Green Tourism will then produce an invoice for the first-year membership and joining fee and email this to the Applicant for payment.
1.3. Once payment of this first year invoice has been confirmed, Green Tourism will acknowledge receipt of payment by e-mail and attach electronic files containing ‘Awaiting Grading’ Logos. At this point the applicant has become a Member.
1.4 The Code of Conduct will be signed on application and adhered to during the term of membership. This is a requirement for completion of the Green Check assessment.
1.5 If any business is found to have broken the overall aims of Green Business, the basic elements of the Code of Conduct, failed compulsory elements, contravened the Trade Descriptions Act 1968 by misrepresenting their accreditation level, caused significant environmental damage or otherwise brought the scheme into disrepute, the operators reserve the right to fail the Establishment or cancel their membership without refund.
1.6 Application to the Green Tourism does not guarantee a grading award and if there is any uncertainty regarding your business type with respect to the criteria an advisory visit by a senior assessor will be necessary to establish suitability and benefit prior to joining.
2. Data Protection
The membership application process will require the processing of a limited amount of Personal Data (as defined in the Data protection Act 2018). In submitting the membership Application, you confirm that prior consent has been obtained from of any individual whose Personal Information will be provided.
3. Membership Fees
3.1 Membership Fees comprise an initial, non-refundable Registration Fee and an Annual membership Fee, as detailed on the Website at https://www.green-tourism.com/fees.
3.2 Payment of the Registration Fee and the Annual Membership Fee may be made by debit or credit card, cheque, Paypal or BACS.
3.3 Green Tourism may cancel annual membership where the Annual Membership Fee has not been received within 21 days of the due date. In such case, any grading will also be invalidated.
4.1 The grading awarded shall apply to the Operator in respect of the Establishment for the period from the date of issue by confirmation email until the earlier of:
4.1.1 the date on which the Operator ceases to participate in the Scheme; or
4.1.2 the grading awarded ceases to have effect in accordance with these Terms & Conditions and/or Code of Conduct and/or Re-grading
4.3 The Operator shall be entitled to display the appropriate certification and or wall plaque and any other promotional material provided by Green Tourism in respect of the grade awarded only for the duration of the relevant period and subject to the other conditions within these Terms & Conditions
4.4 The Operator shall for the duration of the relevant period, be bound to maintain the Establishment so as continuously to comply with the relevant grading award.
4.5 The grading awarded shall cease to apply with immediate effect in the event that during the relevant period any of the following occur:
4.5.1 the Operator sells, leases or otherwise disposes of the Establishment or the business associated therewith;
4.5.2 the Operator fails to comply with the relevant grading award criteria for the Establishment;
4.5.3 any information, including information available on the green-tourism.com website, given to Green Tourism by or on behalf of the Operator and whether or not in connection with the application for grading or during an inspection of the Establishment is found to be false or misleading, or where it is found that there has been a failure to disclose any material fact which would have had a bearing on Green Tourism’s award; and
4.5.4 the Operator displays or allows to be displayed at the Establishment, or refers or allows reference to be made in any form whatsoever, to a grade differing from that which has been awarded by Green Tourism to the Operator in respect of the relevant period.
4.6 The Operator shall be bound at the end of the relevant period or on the earlier cessation of the grade awarded in terms of any of the provisions of this Agreement, forthwith to remove from the Establishment the wall plaque, and any other promotional material pertaining to the grade provided by Green Tourism and any other advertisement pertaining thereto including any promotional items acquired by the Operator. The Operator shall also forthwith delete or cause to be deleted any reference to any grade awarded, whether then in force or otherwise, which appears anywhere in the Establishment or in any advertising or business material pertaining thereto.
4.7 The Operator shall indemnify Green Tourism 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 Establishment in accordance with the grading criteria upon which the award to the Operator was based during the relevant period.
5. Use of Logos
5.1 Members are granted a fully paid up, non-exclusive, revocable licence to use the Logos to acknowledge their membership in the organisation and grading level achieved.
5.2 It is also acceptable for Members to sub-licence and grant permission to third parties, such as printers and web designers, to use the Logos for promotional purposes in respect of the Member, subject strictly to the terms set out herein.
5.3 The User must:
5.3.1 not alter or modify the Logo in any way;
5.3.2 ensure the Logo appears and is printed in its entirety, as supplied, by itself and not combined with any other graphic or textual elements;
5.3.3 ensure the Logo is not used as a design element of any other Logo or trademark;
5.3.4 not use the Logo in any manner that might disparage or injure the Green Tourism reputation
5.3.5 not use Logo on any web site that is in violation of any applicable laws or governmental regulations;
5.3.6 ensure that the use of the Logo is truthful and not misleading. The User must not use the Logo to imply any relationship with, or endorsement or sponsorship by, Green Tourism that is not true. The User must not use the Logo in connection with any disparaging or negative statements about Green Tourism or any of Green Tourism activities.
5.3.7 ensure that Logos are used without modification and in an appropriate manner.
5.3.8 not alter the Logo to incorporate any other object, including, but not limited to other logos, icons, words, graphics, photos, slogans, numbers, design features, symbols, audio files or video files.
5.4 The Member may use the appropriate Logo at any publicly accessible location including signs, letterhead stationery and customer information. The Logos should also appear on the Member’s website, linked to the home page of www.green-tourism.com, to enable consumers to understand its significance. A green/environmental page can also be included on the website explaining the actions taken toward gaining an award. The award covers the site and its management and should not be used in promotions involving other sites which have not met at least the same overall grading. Please note that the percentage achieved should not be promoted, only the award level itself.
5.5 The Member is permitted to use the Awaiting Grading Logo for a limited time only. The Member must undertake a Green Tourism assessment within a year of joining. The Member is permitted to use award level Logos only for the level the Member has achieved as a result of the most recent assessment.
5.6 The User should not use the Logo, or any part thereof, as part of their name or identity nor use any name or mark confusingly similar to the Logo. The User must comply with all applicable laws and regulations, in particular, all laws and regulations pertaining to proper protection, use and designation of trademarks in the UK and any countries in which they intend to use the Logo.
6.1 If the Operator chooses to cease membership of the Scheme a refund of the Annual Fee will only be made if cancellation is within the first 6 months of the first year of membership and no assessment has taken place. The Registration Fee is non-refundable.
6.2 Green Tourism withholds the right to withdraw any member from the Scheme for which it has received three or more written complaints within one Membership year; or where access to the Establishment by Green Tourism for the purpose of inspection has been refused or denied by the proprietor on more than two occasions and, in the sole opinion of Green Tourism, such refusal or denial of access is being used to frustrate the efforts of Green Tourism to inspect the Establishment.
6.3 A Members Grading may be amended without notification if any information, including information available on the Green Tourism website, given to Green Tourism by or on behalf of the Member and whether or not in connection with the application for Grading and classification of business type or during any inspection of the establishment is found to be false or misleading, or where it is found that there has been a failure to disclose any material fact which would have had a bearing on the Green Tourism and/or Green Meetings grading;
6.4 Membership maybe terminated by Green Tourism immediately if a Member displays or allows to be displayed at the Establishment, or refers or allows reference to be made in may form whatsoever, to a Grade and classification differing from that which has been awarded by Green Tourism in respect of the relevant period.
7. Change of Ownership
7.1 The Member shall immediately inform Green Tourism of any proposals to sell, lease or otherwise dispose of the Establishment.
7.2 Where an Establishment is sold as a going concern and operated as it was pre-sale, any grading will automatically be transferred to the new owners. The Member shall inform any person to whom they intend to sell, lease or otherwise dispose of the Establishment as aforesaid prior to such sale, lease or disposal, that the grading awarded by Green Tourism in respect of the Establishment will be maintained. Details of the new contact within the business will be provided to Green Tourism. The award will run with the new management until the end of the membership year. At that time the new management will have the opportunity to re-apply for the Green Tourism and/or Green Meetings membership and a grading will be arranged within a year of a membership payment by the new Operator
7.3 When an Establishment is sold or the method of operation changed (e.g. contracted out, converted to a private residence), the existing rating cannot be transferred.
8.1 The Member hereby indemnifies and holds Green Tourism harmless against any Loss suffered or incurred or likely to be suffered or incurred, directly or indirectly resulting from:
8.1.1 any breach of this Agreement by the Member, including any breach in respect of which Green Tourism may exercise a right to terminate;
8.1.2 the Member, its authorised Users or any other person’s use or access of the Logos;
8.1.3 any negligent or unlawful acts of the Member, its related entities or their authorised Users, employees, officers, contractors or representatives, unless the Loss is a direct result of Green Tourism’s breach of this Agreement or any unlawful act carried out by Green Tourism.
8.2 Green Tourism agrees to indemnify the Member from and against any and all claims of infringement of copyright in relation to the Logos subject to:-
8.2.1 Green Tourism being notified in writing promptly of the occurrence of any event that may give rise to a claim under this clause;
8.2.2 Green Tourism having the exclusive conduct of the defence of such claim and all negotiations for its settlement or compromise;
8.2.3 the Member (at the reasonable expense of Green Tourism) co-operating, as Green Tourism may reasonably request in the defence or settlement of the claim;
8.2.4 the Member not making any prejudicial statements; and
8.2.5 the Member mitigating its loss.
9. Use of Green Tourism Materials
9.1 The criteria contained within remain the intellectual property of Green Business UK. All the material contained within all publications remains the intellectual property of the authors and the use of any information contained is subject to their approval. They should not be passed on to any third parties without full consultation and the written approval of Green Business UK. Any requests to use the materials should be directed to Green Business UK.
9.2 The criteria and online assessment process remain the intellectual property of Green Business UK. All the programme materials remain the intellectual property of the author and the use of any of them is subject to their approval. The evidence for the Green Tourism assessment must be provided by the business and not a third party and no materials or login details to the assessment portal should be passed on to any third parties without full consultation and the written approval of Green Green Business UK.
10. Dispute Resolution
Should any dispute arise in connection with this Agreement, the parties shall attempt to settle by negotiation however should the dispute not be resolved within 30 days of the first intimation of the dispute then parties shall attempt to settle it by Mediation, or similar alternative dispute resolution (ADR) prior to court litigation.
11. Legal Jurisdiction
These Terms and Conditions and this Agreement shall be governed by and construed in accordance with the laws of Scotland and be subject to the exclusive jurisdiction of the courts of Scotland.