Visitor Attractions

Schedule of conditions

Legislation
In addition to the items referred to in the Schedule of Conditions, with regard to activity providers, it is expected that all relevant legislation will be adhered to and that activity operators will be registered under the Adventure Activities Licensing Regulations where appropriate. It is also envisaged that, where appropriate, membership of the non-statutory Adventure Activities Scheme will be undertaken.

1. In this Schedule the following words will have the meanings ascribed to them:
   
   The operator - means the person (whether an individual or individuals, partnership, trust, company or other corporate body) carrying on the business associated with the attraction;
   
   The attraction - means the visitor attraction to which the grade has been awarded.
   
2. The Schedule of Conditions applies for the period of participation within the Visitor Attraction Quality Assurance Scheme, from the date of VisitScotland's receipt of application throughout the period of inspection, the granting of any award that may be given until such time that the operator voluntarily withdraws from participation in the Visitor Attraction Quality Assurance Scheme, or the grade awarded ceases to have effect in accordance with the terms hereof.
   
3. a) The grade awarded shall apply to the operator in respect of the attraction for the period from the date of issue of the visitor attraction award confirmation letter by VisitScotland until the earlier of:
   
   i) the date on which the operator ceases to participate in the Visitor Attraction Scheme;
   or
   ii) the grade awarded 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 award a revised grade to be applicable to the operator in respect of the attraction. The said revised grade awarded shall be the grade in force and applicable to the operator in respect of the attraction from the date of receipt by the operator of a letter from VisitScotland confirming the said revised grade awarded until the earlier of:
   
   i) the date of receipt by the operator of a letter from the VisitScotland further revising the grade awarded;
   or
   ii) the occurrence of one of the events referred to in sub-paragraphs (i) or (ii) of paragraph (a) of this clause.
   
   c) All references in this Schedule of Conditions to the "grade awarded" and "the award" shall unless the context requires otherwise, be taken as references to the grade awarded by VisitScotland to the operator in respect of the attraction as revised by VisitScotland from time to time in accordance with the provisions of this clause.
   
4. The grade awarded by VisitScotland may be subject to such terms and conditions as VisitScotland sees fit and in the event that the grade awarded to the operator in respect of the attraction is subject to terms and conditions, the operator shall comply with them in full in the operation of the attraction.
   
5. The operator shall be entitled to display the appropriate wall plaque and window sticker provided by VisitScotland in respect of the grade awarded only for the duration of the relevant period and subject to the other conditions of this Schedule.
   
6. VisitScotland may, from time to time, in its absolute discretion, alter, amend, replace or vary the criteria by which the grade of the attraction is established, and any reference herein to the "grading criteria" shall be taken as being a reference to the said criteria by which the grading of the attraction is established as so altered, amended, replaced or varied from time to time.
   
7. The operator shall be entitled to refer to, or advertise, the grade awarded only for the duration of the relevant period.
   
8. 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 criteria.
   
9. The grade awarded may not be assigned by the operator by any means whatsoever.
   
10. The operator shall immediately inform VisitScotland of any proposals to sell, lease or otherwise dispose of the attraction.
    
11. The operator shall inform any person to whom he intends to sell, lease or otherwise dispose of the attraction as aforesaid prior to such sale, lease or disposal, that the grade awarded 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 a grade award to apply to the attraction after such transfer, the said person must make the appropriate application to VisitScotland.
    
12. Without prejudice to Condition 3 hereof, the grade awarded shall 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 grading criteria for the attraction;
    
    iii) any information given to VisitScotland by or on behalf of the operator in connection with the application for grading or during any inspection of 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 which would have had a bearing on VisitScotland's award;
    and
    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 grade differing from that which has been awarded by VisitScotland to the operator in respect of the relevant period. 
    
13. 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 conditions of this Schedule, forthwith to remove from the attraction the wall plaque and window sticker pertaining to the grade provided by VisitScotland and any other advertisement pertaining thereto. 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 attraction or in any advertising or business material pertaining thereto.
    
14. The operator shall indemnify VisitScotland against all claims for compensation (including any expenses arising from or in respect of such claims) arising out or in connection with the failure by the operator to maintain the attraction in accordance with the grading criteria upon which the award to the operator was based during the relevant period.