Industry Marketing Programs - Terms & Conditions

Each person submitting information or images and otherwise using TourismBC.net (the web interface for enrollment in Tourism British Columbia's industry marketing programs), confirms, declares, accepts, agrees and acknowledges, on behalf of themselves and the tourism business (the "Business") which they represent, as follows:

1. General Terms – Applicable to all Industry Marketing Programs

   Authority:

   He or she has the legal authority to agree to these terms and conditions on behalf of the Business.

   Compliance with Laws/Policies/By–Laws:

   The Business adheres to all applicable federal, provincial and municipal laws, regulations, bylaws and policies.

   Licences, Permits and Insurance:

   The Business has all the applicable business, municipal, provincial and other licenses and permits and appropriate insurance coverage and all such licenses, permits and insurance are current and valid.

   Information Submitted:

   All information including, but not limited to, property details, rate information and accreditation/association/rating information entered on TourismBC.net on behalf of the Business is accurate and current and, as applicable, authorized for publication on Tourism British Columbia's official consumer websites (the "Websites") and in Tourism British Columbia's guides (the "Guides") including but not limited to the Approved Accommodation Guide and the British Columbia Insider's Guide. Any misinformation may result in the Business being removed from Tourism British Columbia's programs. Tourism British Columbia and its website developers, publishers and other agents and partners (collectively, "Partners") are not in any way responsible for errors, omissions, inconsistencies or inaccuracies published on the Websites or in the Guides. Tourism British Columbia retains the right to edit all copy and reserves final editorial control.

   Photos, Logos and Other Images Submitted:

   The Business owns all rights to all photographs, logos and other images which it submits from time to time at tourismbc.net (and, where applicable, has obtained permission from all individuals whose likeness appears in any such images, to the use thereof on the Websites, Guides and other promotional material) and grants a license to (and waives moral rights in favour of) Tourism British Columbia and its Partners to use or reproduce such materials in the Guides or on the Websites, or both. The images are provided on a royalty-free basis and the Business waives the right to seek further compensation and consideration for the material(s) provided. This license shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, estates, legal representatives, successors and permitted assignees and licensees.

   Liabilities and Indemnification:

   No person or entity associated with Tourism British Columbia shall be liable for any direct, indirect or consequential damages or losses whatsoever (including loss of business, income or profits) suffered at any time by a program participant in connection with any of Tourism British Columbia's industry programs. The Business agrees to indemnify and save harmless Tourism British Columbia from and against any and all claims, demands, suits, actions, causes of action, expenses, costs (including legal costs), damages and liabilities suffered by Tourism British Columbia in any way related to the Business' participation in any Tourism British Columbia industry marketing program.

   Ownership Changes:

   The Business agrees to notify Tourism British Columbia if the Business' name or ownership should change while the Business is enrolled in any of Tourism British Columbia's industry marketing programs and agrees to advise the new owners of the current details and agreements and obligations of the Business that are in place concerning Tourism British Columbia's industry marketing programs.

   Internal Communication:

   The Business agrees to advise its finance, reservations and front desk staff of the details of its participation in any Tourism British Columbia program.

   Program Participation Admission and Suspension:

   Tourism British Columbia reserves the right, in its sole discretion, to suspend a Business' participation in any Tourism British Columbia program if:

   1. Program fees and/or commissions due to Tourism British Columbia from the Business are not remitted by their respective due dates;
   2. The Business fails to meet the prerequisites and/or eligibility requirements of the respective program including, for Accommodation Businesses, the provision of rate information;
   3. The Business fails to provide accurate and timely information, as required by Tourism British Columbia for the administration of the respective program;
   4. Tourism British Columbia receives more than three (3) consumer complaints about the Business in a calendar year and the Business fails to respond appropriately to such complaints as determined by Tourism British Columbia in its discretion.

   Tourism British Columbia reserves the right to decline to accept a Business, or to suspend the participation of a Business and products in its industry programs, and also to make changes to such programs from time to time, in its sole discretion.

   Sharing of Product Information with Others:

   Tourism British Columbia also reserves the right, in its discretion from time to time, to share information submitted by program participants with its marketing partners, without notice to program participants.

2. HelloBC^® Listings Program Terms and Conditions

   Please review the guidelines with respect to the kinds of tourism businesses that are currently eligible to participate in the HelloBC Listings Program. View program fees.

   Accommodation Businesses (including Hotels, Bed & Breakfasts, Inns, Campgrounds, RV Parks etc.)

   If the Business is an accommodation property, it acknowledges that participation in and approval for Tourism British Columbia's Approved Accommodation Program is required for participation in the HelloBC Listings Program. View Guide to Tourism British Columbia's Inspection and Approval Process, for details about acquiring 'approved' status in the Approved Accommodation Program.

3. Special Offers Program Terms and Conditions

   Eligibility:

   Businesses must be enrolled in Tourism British Columbia's HelloBC Listings Program in order to participate in the Special Offers Program and be in good financial standing.

   As applicable, all Terms and Conditions of TourismBC.net apply to this program. Tourism British Columbia reserves the right to approve or reject or request amendments to posted offers.

   By participating in the Special Offers Program you agree to be responsible for the accuracy of all content, and for compliance with all federal, provincial and municipal laws, by-laws and regulations. You are also responsible for (a) clearly disclosing all restrictions and conditions of offers you post using this program; and (b) ensuring that you have adequate supply to fulfill reasonable demand for your offer.

   Please note that membership offers, contests and unpaid Festivals and Events listings are not eligible for this program.

4. Reservations Program Terms and Conditions

   General

   Note:

   Businesses must be enrolled, and in good standing, in the HelloBC Listings Program in order to participate in the Reservations Program.

   Fee:

   A one-time Business' Reservations Program fee is charged at time of enrollment. Either party may cancel the enrollment at any time by giving the other not less than thirty (30) days prior notice of the effective date of such cancellation, in writing. The rights and obligations of the parties under this program for matters arising prior to the effective date of cancellation shall continue after cancellation until all obligations have been fulfilled or discharged. View program fees.

   Information:

   In order to benefit fully from participation in the Reservations and other marketing programs, the Business is responsible for providing appropriate reservation information, including rates and inventory, at a minimum of six months in advance, and for processing reservations made by Tourism British Columbia in a timely manner. If the product information changes in any way, the Business must update the reservation system directly within one(1) business day, through the supplier site at: www.inntopia.com/logon/.

   Close Outs:

   Businesses must ensure their inventory (i.e. available and non-available dates/times) is reflected correctly on Tourism British Columbia's reservation system. Businesses are able to manage their inventory directly through the Supplier site at www.inntopia.com/logon/.

   Reservations:

   The Business must honour all bookings made through Tourism British Columbia at the rates and conditions for the product in effect at the time the reservation was made. In the event an overbooking occurs through no fault of Tourism British Columbia, the Business is solely responsible for providing (within 24 hours, or immediately in the case of same day arrival) a similar product for the customer and to promptly advise Tourism British Columbia's Customer Service (reservations@1800-hellobc.com) of the details of such change. Should additional charges be incurred as a result of the overbooking, the Business will be responsible for payment of such charges.

   Finance:

   All payment invoiced or sent to the Business is calculated and payable in Canadian currency. All financial related correspondence must be sent to TBCrevenue@gov.bc.ca.

   Accommodation Businesses (including Hotels, Bed & Breakfasts, Inns, etc.)

   Credit Cards:

   The Business is responsible for verifying credit card information provided by a customer, processing all payments, and negotiating directly with the credit card company and the user if the user does not pay for a reservation, whether as a result of cancellation or otherwise.

   Commissions:

   Accommodation Businesses will pay Tourism British Columbia 10% commission for all reservations made through the call centre (1-800 HELLO BC) and website (www.HelloBC.com) and 15% for all reservations made through the Visitor Centres. Commissions are paid on each reservation, upgrade, rescheduling, extension and cancellation or change fee. All fees and commissions are subject to GST.

   Financial Reconciliation:

   Accommodation Businesses will receive a statement each month in respect of commissions owed. Tourism British Columbia must receive written notice of any variances within thirty (30) days of such statement.

   Other Tourism Businesses (including Transportation, Activities and Attractions)

   Applicable Insurance:

   The Business acknowledges it has in place Comprehensive General Liability Insurance, with limits of not less than two million dollars inclusive per occurrence, for product liability, bodily injury, death and damage to property, including loss of use thereof, and all risk coverage insurance on equipment and leasehold improvements, business interruption insurance and comprehensive public liability insurance. Such insurance will name Tourism British Columbia as an additional insured. All policies shall contain an endorsement that the coverage provided by the policy will not be changed or amended in any way, nor cancelled, until at least thirty (30) days after written notice of such change or cancellation has been given to Tourism British Columbia.

   Credit Cards:

   Tourism British Columbia will process consumers' credit cards on behalf of the Business. Any credit card chargeback will be the responsibility of the Business and, in such event, Tourism British Columbia will be entitled to issue a debit note to the Business in respect of the subject payment to the Business and all applicable taxes and charges. All such debit notes shall be payable by the Business to Tourism British Columbia.

   Commissions:

   The Business agrees to pay Tourism British Columbia a minimum of 12% commission plus applicable taxes for all reservations made on behalf of their Business. This commission also applies if the Business changes the consumer's rate to a non-commissionable rate or if the consumer does not show up for the reservation made (as Tourism British Columbia has already processed the consumer's credit card and the reservation is 100% non-refundable) or if the Business is not able to accommodate the consumer and needs to re-book or refund them. All fees and commissions are subject to GST.

   Finance:

   Each month Tourism British Columbia will transfer funds paid by consumers for Businesses' Activity, Attraction and Transportation services, including taxes payable, less commission earned by Tourism British Columbia, through an electronic fund transfer (EFT) to the appropriate Business bank account identified in the enrollment process. It will be deemed that the Business has verified and accepted Tourism British Columbia's monthly commission statement unless written notice from the Business is received by Tourism British Columbia within thirty (30) days of receipt of such statement, outlining the variances. In order for the EFT to be processed:

   1. The Business will maintain a bank account to which Tourism British Columbia will transfer the funds paid by consumers. The Business will provide Tourism British Columbia with thirty (30) days' notice of any change in any banking information. This EFT account information is to be updated by emailing TBCrevenue@gov.bc.ca.
   2. Tourism British Columbia will transfer funds paid by consumers, including taxes payable, less commission earned by Tourism British Columbia, to the Business' bank account on a regular basis via EFT. Depending on the banking institution to which funds are being transferred, average processing time is between 2 - 6 days for the Business' account to be credited.
   3. Tourism British Columbia will provide monthly statements of all fees and other financial transactions (bank, credit card and other charges).