GENERAL CONDITIONS OF OPERATION
I. AREAS COVERED
1. The general conditions govern:
- the status of the BTPS project
- definition of the BTPS client
- definition of a deposit in the BTPS
- criteria for selection of deposits
- provisions on the Council and administration of the BTPS
- provisions on the protection of business secrets
II. THE PROJECT
2. The BTPS project officially commenced on 7.12.2006 at the 9th Slovenian Tourism Forum in Maribor with the following priority task: Promoting a controlled flow of information about promising tourism ideas in order that the right people and the right funds for the realisation of these ideas can meet.
3. The BTPS project shall be run by the Slovenian Tourist Board (hereinafter: STO).
4. The project shall be implemented by the bodies of the BTPS: the governor, the vice-governor, the board and the Council of the BTPS The Director of the STO shall appoint and dismiss the persons working in the bodies of the BTPS.
5. Persons working in the bodies of the BTPS (hereinafter: members of the project group) can be: STO employees, representatives of partner organisations or independent experts in specific fields.
6. The holder of liabilities connected with the contents and consequences of the project shall be the project leader, where the level of liability is described in more detail in the chapter on the protection of business secrets.
III. THE CLIENT
7. Any natural or legal person who completes and submits the electronic form "Application to open a bank account" (btps_bancni_racun.doc) to BTPS@slovenia.info or the address of the STO may become a BTPS client, provided he accepts the "General operating conditions" presented in this document and published on the website www.BTPS.si.
8. A client may send electronic or written applications for the realisation of idea deposits and energy deposits to BTPS@slovenia.info or to the address of the STO. These applications shall be registered by the BTPS board. In the electronic forms clients may if they wish describe their desposit in detail, define provisions on the protection of their business secrets and approve a brief description by means of which the entry of a new deposit is publicly recorded.
9. The BTPS may accept or refuse the client's application for the realisation of a deposit. The BTPS may grant accepted deposits the status of promising deposit.
10. Proposals to accept or refuse deposits and the designation "promising" are prepared by the BTPS board, while the decision is taken after the vote of the BTPS Council at the end of the collection period (which shall last a minimum of 2 weeks and a maximum of 6 months). The BTPS can invite the authors of deposits to supplement the documentation submitted.
11. A client shall suspend cooperation with the BTPS by requesting in writing the closing of its BTPS account. At the same time it shall give the BTPS instructions regarding its deposits.
IV. BTPS DEPOSITS
12. The idea deposit is an entry in the BTPS database describing new products in the sphere of tourism and activities indirectly connected with tourism, in the following forms: idea; outline; plan; prototype; existing product/service that can be built on, etc.
13. An energy deposit is an entry in the BTPS database through which the owner of the deposit contributes to the realisation of one or more idea deposits. It can include, for example, an offer of financial, material and other resources or services, etc.
14. A BTPS deposit is not patent protection or similar protection of intellectual property. With the provision on the protection of business secrets, the client may only stipulate, in the form for the realisation of the deposit, how the BTPS should protect business secrets or how openly the BTPS may communicate information about the deposit to other persons.
V. CRITERIA
15. The decision to accept or refuse a deposit and the decision on the eventual granting of the status of "promising deposit" are based on the conformity of the assessed deposit with the criteria described in Article 16.
16. Criteria for the acceptance of a deposit in the BTPS database and for the granting of the status of "promising deposit":
- 1 - Does the deposit have sustainable tourism potential?
- 2 - Can it bring added value (economic, social, environmental, etc.)?
- 3 - Is it clearly presented and convincing?
- 4 - Does it coincide with the strategies and interests of the environments in which it falls?
VI. THE BTPS COUNCIL AND BOARD
17. The BTPS board is responsible for communication with clients and other sections of the pulic and the bodies of the BTPS; it sees to the processing of deposits; it proposes connections to the authors of idea deposits and establishes connections between them and prepares proposals on dealing with deposits received for the BTPS Council.
18. A proposal on dealing with deposits received from an individual collection period can include:
- 1 – A proposal to accept or refuse individual deposits and a proposal to grant "promising" status.
- 2 – A proposal of selected idea deposits to receive financial and other resources from energy deposits (in cases where the owner of an energy deposit wishes the BTPS to select recipients).
19. The BTPS Council grants promising deposit status, evaluates and comments on deposits, proposes connections between them, selects the recipients of energy deposit funds from among idea deposits, and votes on the acceptance/refusal of the board's proposals on dealing with deposits. It bears professional liability for its decisions; liability for damages is defined in the chapter on the protection of business secrets.
20. At all evaluations and votes of the BTPS Council, decisions are adopted on the principle of a simple majority of votes received. A meeting is always followed by voting via e-mail with a 3-day deadline in which members of the Council who did not attend the meeting can submit their vote.
21. The BTPS Council also gives proposals on the further development of a project. The STO, as the body responsible for the project, studies the proposals and adopts final decisions and responsibilities with regard to the further development of the project.
VII. PROTECTION OF BUSINESS SECRETS
22. During the implementation of all the activities defined in Article 2 (promotion of deposits, connection of deposits, communication of deposits, etc.) the BTPS will treat every deposit as a business secret except to the extent stipulated by the client in the application for the realisation of the deposit.
23. The body responsible for the project shall be liable for damages for infringements of Article 22 up to a maximum of EUR 500 for an individual deposit unless otherwise agreed with the individual client. This obligation shall cease 36 months after the date of receipt of the application for the realisation of the deposit at BTPS@slovenia.info or the address of the STO, unless otherwise agreed with the individual client.
24. The following legal provision shall apply to all members of the BTPS project group.
- The BTPS database of idea deposits and energy deposits (to which members of the BTPS project group have free access) contains business secrets which the members of the BTPS project group shall handle in accordance with Article 22 and neither they nor their organisation shall put them into effect within a period of 36 months of the date of receipt of the application for the realisation of a deposit at BTPS@slovenia.info or the address of the STO. This provision also applies to the systems administrators of the information environments in which the database is located.
- The project implementers shall be liable for damages with regard to this Article as defined in Article 23, but for half the amount stated there.
25. In the establishing of contacts between the owners of idea deposits, a legal principle shall apply with regard to the contents of each communication, according to the following model:
- Current levels of development of the idea deposits mentioned in the communication (hereinafter: I-DEPOSITS) are kept in the Bank of Tourism Potentials in Slovenia (hereinafter: BTPS). The owners of I-DEPOSITS (hereinafter: OWNERS) have in previous correspondence with the BTPS expressed their agreement with the mutual exchange of contact details. The exchange of information between OWNERS is from this moment no longer in the domain of the BTPS. Thus the BTPS bears no liability for the transfer and use of information between them and their colleagues. In all other cases the BTPS shall continue to follow instructions for the protection of business secrets in I-DEPOSITS as stipulated by the OWNERS on submission. If the recipient of a communication does not agree with this Legal Notice, he should communicate this to the BTPS and may not establish contact with OWNERS. If he establishes contact with any of the OWNERS, it shall be considered that he agrees in full with this Legal Notice.
- The owners of idea deposits shall in relation to this Article be liable for damages as set out in Article 23.
26. In the case of the owner of an energy deposit making his own selection of idea deposits for his energy deposit, the following legal principle shall apply to him and to other external parties taking part in the selection.
- Persons who receive a communication containing a list of idea deposits suitable for an energy deposit for evaluation (hereinafter: EXTERNAL ASSESSORS) must act in accordance with the provisions described by the authors of the attached deposits with regard to the protection of their business secrets and assume liability for any incorrect and unauthorised use or communication of information with which the authors of the deposits do not agree. Unless otherwise agreed, EXTERNAL ASSESSORS may only use the content of idea deposits received for the purpose of selecting those idea deposits that are to receive funds from their energy deposit.
- The owners of energy deposits and EXTERNAL ASSESSORS shall in relation to this Article be liable for damages as set out in Article 23.
27. Any infringements of the "BTPS General rules of operation" may be additionally punished by removal of BTPS client status or member of project group status.
VII. FINAL PROVISIONS
28. The "BTPS General rules of operation" shall be confirmed by the governor, the vice-governor, members of the BTPS Council, the BTPS board and the director of the STO at an ordinary session or correspondence session. The standing orders shall enter into force on the third day after they are adopted.
29. The authors of deposits already submitted shall be sent a link to the "BTPS General rules of operation" (stored on the website www.BTPS.si). If they do not agree with them, they may withdraw their deposits and suspend their membership.
Dimitrij Piciga
Director STO
Ljubljana, 28 March 2007
Prepared by: Dejan Križaj, March 2007
Reviewed and supplemented by: BTPS Council, March 2007
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