Important, please read these Terms carefully before seeking compliance with the WTTC Safe Travel Protocols and displaying the Safe Travels Stamp.
I. The World Travel & Tourism Council Limited (company number 02506591) of the Harlequin Building, 65 Southwark Street, London, SE1 0HR (“WTTC”, “we”, “us” or “our”), being the party offering the Protocols and Stamp for use by Organisations; and
II. “Organisation”, “you” or “your”, being a WTTC member or non-member, including public destination authorities (including national, regional and local tourism administrations and organisations) and/or international and national-level Travel & Tourism industry associations and/or companies (including an eligible business such as a hotel, restaurant, airline, cruise line, tour operator, outdoor shopping venue, transportation provider or airport) which have chosen to comply with the Protocols and to display the Stamp.
The following definitions apply in these Terms:
I. “Protocols” means the WTTC Safe Travel Protocols, as may be amended from time to time; and
II. “Stamp” means the WTTC Safe Travels Stamp offered by WTTC for use on Organisation websites, in marketing materials and other public facing materials.
3. The Safe Travel Protocols
WTTC has created and offers the Protocols in good faith for use by Organisations as they seek to re-open during the COVID-19 pandemic.
You acknowledge and agree that:
I. Your use of the Protocols is entirely voluntary and that WTTC assumes no liability for your use of the Protocols;
II. You are solely responsible for deciding whether compliance with, and implementation of, the Protocols is suitable for you and lawful in the jurisdiction in which you operate;
III. The Protocols have not been approved or accredited by any governmental or regulatory body and serve as a set of ‘best practices’ guidelines only, and that by offering the Protocols for use by Organisations, WTTC is not providing an official certification or accreditation system;
IV. Use of the Protocols will be entirely at your own risk;
V. Compliance with the Protocols may not result in a reduction of risk associated with the spread of COVID-19;
VI. WTTC does not warrant or represent that adherence to the Protocols guarantees the safety of passengers, travellers, guests, customers, employees or other persons;
VII. You are solely responsible for any losses suffered by yourself or any third-parties where the Protocols are implemented; and
VIII. WTTC reserves the right to modify the Protocols and/or Stamp and issue revised versions from time to time. Updated Protocols and Stamp will be found on the WTTC website. You are solely responsible for revisiting the WTTC website, monitoring updates to the Protocols and the Stamp and ensuring compliance with any updates made to the Protocols and Stamp. WTTC is under no obligation to individually distribute updated versions of the Protocols or Stamp to Organisations.
4. The WTTC Safe Travels Stamp
The Stamp seeks to provide consistency and reassurance for consumers to speed the Travel & Tourism recovery following the COVID-19 pandemic.
Subject to these Terms, Organisations may choose to display the Stamp in order to let consumers know that their protocols are in alignment with the Protocols and that they have complied with the Protocols relevant to their industry.
5. Your Obligations
Only those Organisations which have complied with the relevant Protocols applicable to their industry in their entirety may display the Stamp on their websites, in marketing materials and other public facing materials.
An Organisation’s entitlement to display the Stamp shall cease to apply with immediate effect in the event that the Organisation fails to comply with the relevant Protocols applicable to their industry.
You acknowledge and agree that:
I. You will not display the Stamp unless you have ensured compliance with the relevant Protocols applicable to your industry;
II. Adhering to the Protocols is a requirement for your use of the Stamp, and that displaying the Stamp without having ensured compliance with the relevant Protocols appliable to your industry will be a breach of these Terms;
III. Your use of the Stamp will be based upon an accurate and honest conclusion that your Organisation is fully compliant with the Protocols relevant to your industry;
IV. WTTC will not be responsible for assessing your initial or continued compliance with the Protocols and use of the Stamp, and all liability for compliance with the Protocols and any applicable laws, rules or regulator guidance will rest with you exclusively, and not WTTC;
V. You will comply with all local laws applicable to your Organisation and that where your adherence to the Protocols and/or use of the Stamp would amount to a breach of local laws, you will not make use of either; and
VI. You will not make any derogatory statements about the Protocols, Stamp or WTTC, or behave in any way that would damage WTTC’s reputation, or the reputation of the Protocols or the Stamp.
VII. Where you grant a sub-licence to a third party in accordance with Part VII of Section 6 of these Terms, you will be responsible for ensuring that the third party has itself also ensured compliance with, and continues to ensure compliance with, the Protocols, this Section 5, and these Terms.
6. Use of WTTC Intellectual Property
The Organisation accepts that all intellectual property rights subsisting in the Protocols and Stamp are owned by, and/or under the control of, WTTC.
In consideration of the Organisation meeting all of its obligations under these Terms, WTTC hereby grants to the Organisation a non-exclusive, royalty-free, sub-licensable, revocable worldwide licence to display the Stamp in the form presented below on its websites, marketing materials and other publicly facing materials for the purposes specified herein, and subject to, and accordance with, these Terms.
I. Not alter or modify the Stamp in any way, except for incorporation of your own logo (as instructed by WTTC) or unless WTTC publishes an update to the Stamp requiring you to alter or modify it;
II. Display the Stamp in its entirety;
III. Not use the Stamp in any way that might risk injuring WTTC’s reputation;
IV. Not use the Stamp in any way that breaches local laws applicable to your Organisation;
V. Ensure that use of the Stamp is truthful and not misleading;
VI. Not use the Stamp to imply any relationship with, or endorsement or sponsorship by, WTTC;
VII. Not grant any sub-licence permitting any third party to exercise the rights granted herein, unless that third party has itself also ensured compliance with, and continues to ensure compliance with, the Protocols and these Terms;
VIII. Immediately notify WTTC in writing if any of the following matters come to your attention:
a. Any actual, suspected or threatened infringement of WTTC’s intellectual property rights;
b. Any claim made or threatened that the Protocols and/or Stamp infringe the rights of any third party; or
c. Any other form of attack, charge or claim to which the Protocols and/or Stamp may be subject.
Form of stamp:
Where Stamp is used without Organisation logo
7. WTTC’s Right to Request Information
WTTC may at any time request information from you to evidence your compliance with the Protocols, and WTTC may terminate your entitlement to display the Stamp where:
I. You fail to provide sufficient information capable of evidencing compliance with the Protocols, in WTTC’s sole determination; and
II. Any information provided to WTTC is found to be false or misleading.
To the fullest extent permitted by law, WTTC shall not be liable to you or any third party for any costs, expenses, loss or damages (whether direct, indirect or consequential, and whether economic or other) arising from your adherence or non-adherence to the Protocols and/or use of the Stamp, including, but not limited to, any:
I. Loss of profits;
II. Loss of sales or business;
III. Loss of agreements or contracts;
IV. Loss of anticipated savings;
V. Loss of or damage to goodwill; and
VI. Indirect or consequential loss.
Without prejudice to the generality of the above, WTTC will not be liable to you for any costs, expenses, loss or damages (whether direct, indirect or consequential, and whether economic or otherwise) associated with a passenger, traveller, guest, customer, employee or other person contracting COVID-19 or any other illness and where you have, in good faith, adhered to the relevant Protocols applicable to your industry.
You agree to indemnify, defend and hold WTTC, its affiliates, agents, suppliers and licensors harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages, including those arising out of or in connection with:
I. Any breach of these Terms;
II. Your adherence or non-adherence to the Protocols and/or use of the Stamp;
III. Your exercise of the rights granted under these Terms;
IV. The enforcement of these Terms; and
V. Any claim made against WTTC by a third party arising out of or in connection with your adherence or non-adherence to the Protocols and/or use of the Stamp.
WTTC may terminate these Terms and the rights granted to you hereunder and your eligibility to use the Stamp at any time with immediate effect.
11. Entire Agreement
These Terms constitute the entire agreement between WTTC and Organisations and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to use of the Protocols and/or Stamp.
12. Third Party Rights
Unless expressly stated otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
Each of the paragraphs of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14. Applicable Law
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.