Thebookingroom Group Limited together with all its subsidiary companies (thebookingroom.com Ltd; Charlton Chauffeur Drive Ltd; Thebookingroom (HK) Ltd and TBR USA, Inc.) and affiliated entities worldwide value their reputation for ethical behaviour and for financial probity and reliability. The company recognises that any involvement in bribery will reflect adversely on its image and reputation. The Company will, therefore, prohibit the offering, the giving, the solicitation or the acceptance of any bribe, whether cash or other inducement to or from any person, company or other organisation. The Company shall prevent bribery and corruption by:
2.1. Bribery occurs when “Anything of Value” is received or offered to be paid to an employee as an inducement or reward for the improper performance of a duty or obligation. “Passive bribery” occurs when “Anything of Value” is requested by an employee for the improper performance of his/her duties or responsibilities.
2.2. Corruption is the misuse of entrusted power or public office for private gain and is a serious criminal offence. The principle applicable law regarding bribery and corruption is the criminal law in the UK and particularly the Bribery Act 2010.
This Policy applies to:
3.1. All members of staff of the Company;
3.2. All geographical locations and all Company functions/services; and
3.3. All third parties, including subsidiaries, agency workers, consultants, suppliers, contractors and overseas agents.
Members of staff are:
4.1. Required to familiarise themselves with the Company’s anti-bribery policy;
4.2. Prohibited from offering, promising, or paying a bribe of any kind;
4.3. Prohibited from offering gifts, entertainment or hospitality that they know or believe will breach the gifts and hospitality policy of the relevant third party recipient;
4.4. Prohibited from accepting or soliciting a bribe of any kind (and must report any such offers);
4.5. Prohibited from accepting “Anything of Value” from a Public Official;
4.6. Prohibited from giving, offering, or transferring “Anything of Value” to a Public Official or to another person at the request or with the consent of a Public Official in order to influence a Public Official; and
4.7. Required to report any suspicion of corruption or bribery to senior Company Official (C.E.O, Company Secretary, General Manager or Group Financial Controller).
5.1. This Policy also applies to the engagement of Third Party intermediaries. The Company expects all Third Parties, including business partners, service providers and contractors, to act with integrity and to undertake their business without bribery or corruption. In addition to the above, the Company will investigate reported allegations of bribery, corruption and abuse of position for personal gain, involving, or in any way connected to the Company. If necessary, action will be taken as a result of such investigations, including termination of relationships with Third Parties and reports to relevant governmental authorities or regulators.
5.2. The definition of third parties is broad, and could include agents, business partners, service providers, contractors or any individual who is nominated to act on behalf of the Company. Whilst the use of agents and business partners can help us reach our goals, we need to be aware that these arrangements can potentially present the Company with significant risks.
5.3. Risks can be identified where a business partner conducts activities on behalf of the College, so that the result of their actions can be seen as benefitting the Company. Business partners who act on behalf of the Company must be advised of the existence of and operate at all times in accordance with this policy. Management is responsible for the evaluation of each relationship and determining whether or not it falls into this category. Furthermore, a risk assessment exercise should be carried out to determine whether the third party intermediary is a high, medium or low risk to the Company. Due diligence checks must be carried out when appointing and retaining third parties and such checks include (but are not limited to):
The Company will not tolerate or condone the use of facilitation payments by its employees or any person acting on behalf of the Company. This requirement covers any Public Official from any country worldwide.
The Company will not make any political donations to candidates for public office, individual politicians, political parties and other political organisations. Members of staff are, therefore, not authorised to make any political donations on behalf of the Company.
8.1. It is important that charitable donations by the Company are free from any suspicion of corruption and bribery, whether direct or indirect.
8.2. The C.E.O. will approve all such donations and ensure that the donations are not made as an inducement for the purpose of obtaining any improper advantage or favour or for influencing a Public Official. Approved donations may be subject to an appropriate due diligence exercise.
8.3. The Group Financial Controller will ensure the Company’s finance system separately identifies and records approved charitable donations.
9.1. Members of staff must not accept or offer any gift, reward or hospitality from any individual, company or organisation with whom they have contact in the course of their work as an inducement either for doing something or not doing something in their official capacity.
Members of staff must not:
9.2. Create suspicion of any conflict between their official duty and their private interest;
9.3. Give the impression (to any member of the public, to any organisation with whom they deal or to their colleagues) that they have been (or may have been) influenced by a benefit to show favour or disfavour to any person or organisation;
9.4. Accept inducements which could lead to a contractual position between the Company and a supplier, contractor or consultant;
9.5. Accept substantial offers of entertainment, invitations to social functions, travel or accommodation;
9.6. Normally accept tickets/invitations to sporting, cultural or social events, particularly from the same source;
9.7. Particular care should be taken when offered any form of hospitality or gift from a person or organisation, which has, or is hoping to have, a contractual relationship with the Company. If a member of staff has any doubt about whether to accept hospitality offered they should refer the matter to their line manager, who in turn may discuss it with the C.E.O.
9.8. The Company accepts that members of staff may sometimes receive conventional gifts or hospitality. Members of staff who are in any doubt as to whether to accept should seek guidance and approval from their line manager or the C.E.O.
9.9. Prohibited from giving gifts of Cash to or receiving gifts of Cash from Public Officials, clients or any third party (such as a supplier);
9.10. Prohibited from giving Cash gifts to more senior employees (this does not apply to gifts of Cash where such gifts are made as part of normal office practice e.g. as collections for wedding or leaving gifts); and
9.11. Prohibited from offering gifts, entertainment or hospitality that they know or suspect will breach the gifts and entertainment policy of the relevant third party.
10.1. Under the UK Bribery Act 2010, the penalties for contravention of the laws can include unlimited corporate fines, and for individuals unlimited fines plus up to ten years imprisonment. Penalties from more than one jurisdiction may also apply in a single case of bribery or corruption.
Failure to comply with this Policy may lead to:
10.2. Criminal, civil or regulatory liabilities or penalties for the Company or members of staff including fines and imprisonment;
10.3. Serious reputational damage including adverse media comment; and
10.4. The unenforceability of contracts entered into by the Company as a result of illegality.
Failure to comply with this Policy may lead to members of staff:
10.5. Being held personally liable, such as fines or imprisonment potentially under the laws of more than one jurisdiction;
10.6. Being subject to disciplinary action, up to and including dismissal; and
10.7. Being subject to other sanctions imposed by regulators, including a ban from working in the financial services industry.
The following definitions are intended to assist understanding of this Policy and are not intended to restrict or limit the application of the Policy.
1.“Anything of Value” means an advantage, financial or otherwise, and includes, but is not limited to money, loan, fee, stock, contractual right of interest, real estate, personal property, or other interests arising from business relationships. Gifts, meals, entertainment, contributions or donations, including those made at the suggestion or direction of a Public Official, travel and travel related expenses, offers of employment or internships, below- market discounts, refunds, rebates, preferential treatment in the provision of, or preferential access to business opportunities, goods or services that does not have a commercially reasonable justification, or has other improper inducements.
2.“Bribe” or “Bribery” is the offer, promise, payment, transfer request for or receipt of Anything of Value, including a financial or other advantage, whether directly or indirectly, to or from any person, for that person (or any other person) to improperly perform any official or other duties, or breach any contractual or other obligations. A Bribe can take the form of a “reward” and be paid after the improper performance of the relevant duty or obligation has taken place. Bribery also occurs when a party offers Anything of Value e.g. gifts, entertainment or hospitality that they know or believe will breach the gifts and entertainment policy of the prospective third party recipient or otherwise constitute the improper performance of a relevant function or activity of the third party.
3.“Cash” means any payment, or quasi-cash instrument, e.g. store vouchers, cheque made to cash or bearer, loans, gold or other precious metals or other easily liquidated assets, etc.
4. “Corruption” is the misuse of entrusted power or public office for private gain. This involves, on the one hand, offering or promising Anything of Value, including a financial or other advantage, whether directly or indirectly, to a Public Official to influence a public Official. On the other hand, Corruption involves the demanding or accepting of Anything of Value, including a financial or other advantage, by a Public Official or private sector individual, as a condition to conferring business, obtaining a preferential position or other improper advantage whether directly or indirectly. Corruption is often associated with organised crime, money laundering and sometimes the financing of terrorism. Corruption may include ‘kick-backs’, i.e. payment of a proportion of a contract payment to an employee or representative of another contracting party.
5. Facilitation payment is a payment made to a public official to facilitate or expedite approval of some type of routine business transaction or activity.
7. “Third Party” means any agent, representative, consultant, or other intermediary, associated with the Company by providing it services or acting for or on behalf of the Company, and includes (but is not limited to) consultants, finders, introducers, lobbyists of any kind, tax advisors, lawyers, sales and marketing firms, outsourcers, charities, members of joint ventures in which the Company has a minority stakeholding of less than 50% (excluding passive investments) and any organisation or partnership that the Company may wish to acquire a stake in, whether as a controlling stakeholder or as a minority stakeholder (excluding passive investments).
8. “Whistleblowing” in the context of the Public Interest Disclosure Act is the disclosure by an employee (or other party) about malpractice in the workplace. A whistleblower can blow the whistle about crime, civil offences (including negligence, breach of contract, etc.), miscarriage of justice, danger to health and safety or the environment and the cover-up of any of these. It does not matter whether or not the information is confidential and Whistleblowing can extend to malpractice occurring in the UK and any other country or territory.