Terms and conditions
AA Caravan and Camping, Glamping and Holiday Park accreditation schemes
In these terms and conditions the “AA” means AA Media Limited of Level 3, Plant, Basing View, Basingstoke Hampshire RG21 4HG, registered number 06112600 England, the “Applicant” means the person(s) or body (incorporated or non- incorporated) who or which applies to have an establishment recognised by the AA under its accreditation scheme (the “Accreditation Scheme”) and the “Establishment” means the campsite; caravan park; glamping site; holiday park; in relation to which an application for recognition has been made.
Recognition process
1. Once the AA has received the Applicant’s completed application form and the appropriate non-refundable registration fee the AA will arrange for an inspection of the Establishment and, subsequently, for the Establishment’s application for recognition under the Accreditation Scheme to be considered by the appropriate recognition committee as designated by the AA from time to time (the “Committee”).
2. The Committee will give consideration to the content of the relevant inspection report but any decision as to an Establishment’s recognition, including any quality standards rating or quality scoring, is entirely at the discretion of the Committee. The recognition criteria may vary from time to time and are only indicative of the matters the Committee will consider and in no way restrict the Committee’s discretion with respect to a recognition. From time to time the Committee may make special awards to an Establishment in recognition of particular merit or of standards being achieved. Such awards are again entirely discretionary and may be withdrawn by the Committee at any time.
3. Prior to the Committee providing confirmation of recognition under the Accreditation Scheme the Applicant will provide a completed database questionnaire and an appropriate photograph(s) of the Establishment to the AA. The Applicant gives permission to the AA or its representatives to enter the Establishment’s site(s) at any time to take and create photographs of the Establishment. The intellectual property rights, title and interest in and in respect of such photographs shall vest in the AA and the AA shall be able to use the photographs for any purpose relating to the Accreditation Scheme.
4. The Establishment’s recognition under the Accreditation Scheme shall commence on the date confirmation of such recognition is made by the Committee to the Applicant and subject to these terms and conditions shall remain in full force and effect unless terminated, amended or withdrawn in accordance with these terms and conditions.
Applicable Fees
5. Each annual recognition fee (the “Annual Recognition Fee”) relates to a twelve-month period from 1 April to 31 March (the “Accreditation Year”). Should an Establishment’s recognition to the Accreditation Scheme be confirmed by the AA part way through an Accreditation Year, a pro rata Annual Recognition Fee may be payable and shall relate to the period from the date of the AA’s confirmation of recognition to the following 31 March. Pro rata Annual Recognition Fees shall be payable within 28 days of the relevant invoice date. Annual Recognition Fees (full or pro rata) shall be non-refundable.
6. The AA shall be entitled to charge the Applicant interest on any overdue sums from the date when payment is due until the date actual payment is received at a rate per annum of 4% above the base rate from time to time of Barclays Bank Plc. Such interest shall accrue from day to day and shall be paid subject to any withholding tax.
Signage and promotion
7. Provided that the Committee continues to recognise the Applicant’s Establishment under the Accreditation Scheme and there are no outstanding Annual Recognition Fees (as defined below) due from the Applicant to the AA, then, the Applicant shall be entitled to:
a. order and display the applicable AA recognition sign(s) at the Establishment site subject to the payment of the relevant sign rental fee. Such sign (or signs) must be obtained by the Applicant directly from the AA; and
b. display the AA logo on the Establishment’s letterheads, brochures and appropriate promotional material in a manner which accurately indicates the Establishment’s AA recognition status under the Accreditation Scheme.
8. The Applicant acknowledges that the AA logo is the exclusive property of the AA and that it obtains no rights to or in the said AA logo other than such rights as are set out in these and all other relevant terms and conditions or guidelines or are otherwise agreed in writing from time to time.
9. The Applicant agrees to adhere to the AA brand guidelines and sign usage conditions as notified to the Applicant from time to time
10. The Applicant may not under any circumstances make any representation that the Applicant represents or is in any way associated with the AA group in any way other than through the Accreditation Scheme.
11. The Applicant shall ensure that it complies with all applicable laws and regulations in connection with any promotion of its recognition under the AA Accreditation Scheme. If there is any change in the nature of level of an Establishment’s recognition under the Accreditation Scheme the Applicant
Laws and Insurance
12. The Applicant warrants that all legal requirements relating to use of the Establishment including, without limitation, any requirements relating to the safety of those persons having access to the Establishment are, and shall continue to be, complied with.
13. The Applicant shall ensure that adequate insurance including public liability insurance is maintained at all times to cover any liabilities of the Establishment’s occupier or other responsible person or body.
Applicant’s information
14. The Applicant warrants that it owns the rights and title to any information, details or photographs (“IPR”) provided by itself, its agents or representative to the AA in relation to or in connection with the Establishment and that such IPR is accurate and not misleading. The Applicant agrees to notify the AA promptly of any changes to the IPR.
15. The Applicant hereby grants to the AA its assignees or licensees an irrevocable non-exclusive indefinite free of charge licence to store, use, merge, modify, publish and reproduce any IPR provided by or on behalf of the Applicant in relation to the Establishment for all purposes in any and all media now existing or hereinafter invented throughout the world. For the avoidance of doubt the AA shall not, subject to any obligations it may have under any other agreement, be obliged to exercise any of its rights under this clause.
16. The Applicant warrants that it is fully entitled and authorised to enter into the Accreditation Scheme with the AA in accordance with these terms and conditions and, in particular, that any licence it grants to the AA does not infringe any third party rights.
17. The Applicant agrees to indemnify the AA against all claims and proceedings and all liability, loss, costs and expenses incurred by the AA as a result of any claim made or brought by a third party in respect of any loss, damage or distress caused to them as a result of the AA’s unauthorised use of the IPR or infringement of a third party’s intellectual property rights.
18. Whilst the AA will use its reasonable endeavours to ensure the accuracy of any publications relating to the Applicant’s Establishment, the Applicant agrees that the AA shall not be responsible for any errors or omissions in such entries, or for any failure to include any such entry in any publication, and that the AA shall not be liable for any loss, damage, cost or expense incurred by the Applicant as a result of any such error or non-publication. The AA shall, as a matter of goodwill, take such reasonable steps to rectify any errors made as it shall deem appropriate.
Data Protection
19. If the Applicant gives the AA information about another person, in doing so the Applicant confirms that such a person has given the Applicant permission to provide it to the AA and to process their personal data (including any sensitive personal data) in accordance with these terms and conditions. The Applicant warrants that it has told such persons who the AA are and what the AA will use their data for, as set out in this notice.
Limit of liability
20. The AA’s liability to the Applicant hereunder with regard to any claim or series of connected claims, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, shall, unless agreed in writing, be limited to the amount of the Annual Recognition Fee paid or payable by the Applicant to the AA with respect to the Establishment concerned for the Accreditation Year in which the incident or series of connected incidents giving rise to liability occurred.
22. In no circumstances shall the AA be liable in contract, tort (including negligence or breach of statutory duty) or otherwise, howsoever caused for: any increased costs or expenses of;any loss of profit, business, contracts, revenues or anticipated savings; or any special, indirect or consequential damage of any nature whatsoever.
23. Nothing in these terms and conditions shall, or shall be deemed to exclude the AA’s liability, for death or personal injury resulting from negligence.
Applicants Obligations
24. The Applicant shall:
a. pay any registration fees (as advised by the AA from time to time) and unless otherwise agreed, pay annually to the AA, within 28 days of receiving a written request from the AA or by April of the relevant Accreditation Year (whichever the last to occur) such Annual Recognition Fee as from time to time prescribed by the AA, together with any tax or other governmental tax or charge as is payable with respect to the same (including but not limited to, VAT);
b. immediately advise the AA of any change of ownership or control (within the meaning of section 1124 of the Corporation Tax Act 2010) of the Establishment, whether relating to the immediate owner or of a parent organisation;
c. supply information relating to the Establishment in relation to employees, agents General or representative of the AA upon request or as otherwise required by these terms and conditions;
d. investigate promptly any complaint or dispute received by the AA in regard to the Establishment, and to co-operate fully with the AA in the resolution of such complaint or dispute;
e. allow and facilitate access to employees, agents or representative of the AA to the Establishment for the purposes of any inspection, which the AA wishes to carry out in connection with a recognition (existing or prospective) in the Accreditation Scheme.; and
f. pay to the AA, on receipt of the relevant invoice and in accordance with any specified payment terms, any fees that may be required including without limitation those in connection with advertising and the rental of the AA recognition sign or signs.
25. The Applicant indemnifies the AA against all losses, costs, expenses, damages or claims resulting from the Applicant’s breach of these terms and conditions or of any warranty given hereunder by the Applicant.
Withdrawal of recognition and termination
26. At all times the AA reserves the right to make further inspections of the Establishment and in the event that following such inspection, or otherwise, the Committee, at its absolute discretion, alters or withdraws the recognition, including any rating or quality scoring, the Applicant shall observe and shall be bound by such decision.
27. The Establishment’s AA recognition under the Accreditation Scheme will terminate upon the occurrence of any of the following events:
a. notification by the AA that the Committee has withdrawn the Establishment’s AA recognition;
b. if the Applicant goes into liquidation other than a voluntary liquidation for purposes of reconstruction or if a manager, receiver or encumbrancer takes possession of or is appointed over the whole or a substantial part of the Applicant’s assets; or
c. if the Applicant enters into an arrangement or composition with or for the benefit of its creditors (including any voluntary arrangement) or a petition is presented or a meeting is convened for the purpose of making an administration order or if the Applicant ceases to carry out his business or if the Applicant becomes insolvent.
28. The AA shall be entitled to terminate the Establishment’s recognition under the Accreditation Scheme immediately by notice in writing:
a. where the Applicant has not paid any applicable Annual Recognition fee (or part thereof) in accordance with any specified payment terms;
b. following any material breach by the Applicant of these terms and conditions; or
c. where in the AA’s reasonable opinion the Establishment’s recognition under the Accreditation Scheme may damage the AA brand.
29. The Applicant shall be entitled to terminate the Establishment’s recognition under the Accreditation Scheme at any time on the giving to the AA of at least 28 days’ notice in writing.
30. Any termination of an Establishment’s recognition under the Accreditation Scheme, howsoever occasioned, is without prejudice to any right or liabilities then accrued, including, without limitation, the AA’s rights to any Annual Recognition Fee (or part thereof) which has been invoiced and in relation to which payment has not been received within the payment period set. A refund (if any) to the Applicant is entirely at the discretion of the Committee.
31. On termination of the Establishment’s recognition under the Accreditation Scheme, howsoever caused, the Applicant shall immediately:-
a. comply with the terms and conditions of the sign order form, in particular, unless otherwise notified by the AA, at the Applicant’s own expense remove all recognition signs from the Establishment site and return them to the AA;
b. make no further use of, and withdraw from circulation, any documents or other material (including, but not limited to, headed writing paper and promotional brochures) showing the AA logo or otherwise indicating an existing or past AA recognition under the Accreditation Scheme; and
c. make no further representation, in any form that the Establishment holds or has held an AA recognition under the Accreditation Scheme.
32. If, after 28 days following termination of the AA establishment recognition, the Applicant has not returned any AA recognition sign(s) to the AA, then the Applicant shall allow the employees, agents or representative of the AA such access as they require to the Establishment site to remove all AA property.
General
33. The AA shall be entitled to assign its rights and obligations hereunder of the AA to any company within the AA’s group.
34. These terms and conditions supersede and replace any and all prior arrangements, whether oral or written, between the AA and the Applicant relating to the AA’s recognition of an Establishment under the Accreditation Scheme.
35. No amendment to these terms and conditions shall be effective unless agreed in advance in writing by the AA. The AA reserves the right to amend these terms and conditions at any time on the giving of 14 days’ notice in writing to the Applicant.
36. The AA’s failure to enforce or rely on any of these terms and conditions on a particular occasion or occasions will not act as a waiver of the AA’s rights there under and will not prevent the AA from subsequently relying on or enforcing them.
37. These terms and conditions are to be interpreted in accordance with the English law and subject to the exclusive jurisdiction of the English courts.
38. Nothing in these terms and conditions shall confer, or is intended to confer, on any third party any benefit or the right to enforce any term under the Contracts (Right of Third Parties) Act 1999.
39. The AA shall not be deemed to be in default of any provision of these terms and conditions as a result of its inability to perform these terms and conditions because of circumstances beyond its control such as (without limitation) Act of God, fire, flood, unavailability of materials, strike, national calamity, lockout, war, or any order or enactment of a legally constituted authority of any country.