Passenger Agency Conference Resolutions Manual - iata.org

1 CPassenger Agency Conference Resolutions ManualRESOLUTION 824 Passenger SALES AGENCYAGREEMENT (VERSION II)PAC1(22)824 (except USA) Expiry: IndefinitePAC2(22)824 PAC3(22)824 Type: BRESOLVED that, the following form of Passenger SalesAgency Agreement is adopted and shall be implementedupon notification by the Agency SALES AGENCYAGREEMENTAn Agreement made its principal office at (hereinafter called the Agent )ANDeach iata Member (hereinafter called Carrier ) whichappoints the Agent, represented by the Director General ofIATA acting for and on behalf of such iata IT IS AGREED AS FOLLOWS:1. EFFECTIVENESS this Agreement shall become effective between the Agentand the Carrier upon appointment of the Agent by suchCarrier in accordance with the Sales Agency Rules in effectin the country(ies) of the Agent s Location(s).

2 Upon cominginto effect this Agreement, including any amendmentsthereto, shall have the same force and effect between theCarrier and the Agent as though they were both namedherein and had both subscribed their names as RULES, Resolutions ANDPROVISIONS INCORPORATED (a)the terms and conditions governing the relationshipbetween the Carrier and the Agent are set forth in theResolutions (and other provisions derived therefrom)contained in the Travel Agent s Handbook ( the Handbook )as published from time to time under the authority of theAgency Administrator and attached to this Agreement. TheHandbook (a)(i)the Sales Agency Rules, (a)(ii)the Billing and Settlement Plan rules, whereapplicable, as set forth in the BSP Manual for Agents, (a)(iii)such local standards as may be provided forunder the Sales Agency Rules, (a)(iv)other applicable iata Resolutions ; (b)such Rules, Resolutions and other provisions asamended from time to time are deemed to be incorporatedin this Agreement and made part hereof and the Carrierand the Agent agree to comply with them; Agent acknowledges that it has received a copyof the current edition of the Handbook and has acquainteditself with the contents thereof.

3 The Agent specifically414acknowledges that it has read and understands the contentsof the Handbook, including but not limited to those dealingwith: indemnities and waiver; custody, issuance and securityof Traffic Documents; the reporting and remitting proced-ures; and the arbitration procedures; Agency Administrator shall provide the Agent withsubsequent editions of the Handbook and all amendmentsthereto. The Agent shall be notified by the Agency Adminis-trator of any amendments to the contents of the Handbookand such amendments shall be deemed to be incorporatedherein unless within 30 days of receipt of such notificationthe Agent terminates this Agreement by notice in writing tothe Agency Administrator; terms and expressions used in this Agreementshall, unless the context otherwise requires, have the mean-ings respectively provided for in the Sales Agency the event of any conflict, contradiction or inconsistencybetween any provisions with which the Agent is required tocomply under Subparagraph of this Paragraph, and anyof the provisions of this Agreement, the provisions of thisAgreement shall SELLING CARRIER S Agent is authorised to sell air Passenger trans-portation on the services of the Carrier and on the servicesof other air carriers as authorised by the Carrier.

4 The saleof air Passenger transportation means all activities neces-sary to provide a Passenger with a valid contract of carriageincluding but not limited to the issuance of a valid TrafficDocument and the collection of monies therefor. The Agentis also authorised to sell such ancillary and other servicesas the Carrier may authorise; services sold pursuant to this Agreement shall besold on behalf of the Carrier and in compliance with Carrier stariffs, conditions of carriage and the written instructions ofthe Carrier as provided to the Agent. The Agent shall notin any way vary or modify the terms and conditions set forthin any Traffic Document used for services provided by theCarrier, and the Agent shall complete these documents inthe manner prescribed by the Carrier; Agent shall make only such representations as areauthorised in this Agreement and by the regard to any transportation the Agent, its officersor employees may procure on the services of another aircarrier which does not have the Agent under appointment,the Agent undertakes that it will not directly or indirectlyprocure the sale of such transportation otherwise thanstrictly in accordance with the fares, rules and conditionsapplicable to the sale of such transportation as publishedin that other carrier s tariff.

5 Respect to previously issued Traffic Documentsthe Agent, its officers or employees shall issue, accept,reissue, validate or revalidate (including by means of reser-vation alteration stickers) all such Traffic Documents inaccordance with the Carrier s tariffs, conditions of carriageand written instructions; Agent shall transmit to the Carrier such specificrequests or particulars in connection with each customer asmay be necessary to enable the Carrier to service eachcustomer 8244. OBSERVANCE OF LAWS ANDREGULATIONSthe Agent shall observe all government laws and regulationsapplicable to the sale of air transportation , or any other actsperformed by the Agent under this Agreement, in the territoryor territories where the Approved Locations of the Agentare situated and in all territories to or through which theAgent may sell air Passenger Agency DESIGNATIONthe Agent shall not represent itself as a General Agent oruse any other designation, such as Air Lines Ticket Office ,which would indicate or imply in any way that its office isan office of the Carrier or any CUSTODY AND ISSUE OFTRAFFIC DOCUMENTS ANDCUSTODY OF CARRIERIDENTIFICATION Documents deposited by the Carrier or by ISSM anagement on behalf of the Carrier as the case may be.

6 Are and remain the sole property of the Carrier or ISSM anagement until duly issued and delivered pursuant toa transaction under this Agreement; similarly IdentificationPlates deposited with the Agent are the sole property of theCarrier at all times. The Agent acknowledges and agreesthat it has no proprietary rights to such Traffic Documentsand Plates. The Carrier or ISS Management acting on itsbehalf may, at any time, require that the Agent return suchTraffic Documents and Identification Plates, and the Agentagrees to return them immediately; Carrier or ISS Management acting on its behalfshall be entitled at any time to audit or procure an audit ofTraffic Documents and Identification Plates, or to ascertainthat security standards are met; the Carrier participates in an automated ticket-ing system for the issuance of Standard Traffic Documentsor other neutral Traffic Documents and the Agent issuessuch Traffic Documents through the system on behalf ofthe Carrier, the Carrier may at any time withdraw from theAgent the authority to issue neutral Traffic Documents onits behalf.

7 In the event that the Agent is declared in defaultor is suspended in accordance with the Sales Agency Rulesthe Agent shall immediately cease issuing neutral TrafficDocuments through the system on behalf of the Carrier asof the date such default or suspension is effective; the event any part of an automated ticketing systemis provided to the Agent by a third party, other than an airlineparticipating in such system, the Agent undertakes to obtainwritten confirmation from the Carrier or the Coordinator thatthe relevant specifications, function and mode of operationof such system and any changes thereto, conform withstandards that are acceptable. The Agent shall not issueTraffic Documents on behalf of the Carrier through thesystem until such written confirmation has been EXCEPT AUSTRALIA ANDGERMANY MONIES DUE BYAGENT TO CARRIERS Traffic Document shall be issued immediately moneyis received by the Agent for specified Passenger air trans-portation or ancillary services sold under this Agreementand the Agent shall be responsible for remittance to theCarrier of the amount payable in respect of such TrafficDocument.

8 Monies collected by the Agent for transportationand ancillary services sold under this Agreement, includingapplicable remuneration which the Agent is entitled to claimthereunder, are the property of the Carrier and must be heldby the Agent in trust for the Carrier or on behalf of theCarrier until satisfactorily accounted for to the Carrier andsettlement made; Agent shall not pledge, cede, promise or otherwisetransfer to a third party any claims to monies due to the Agentor to the Carrier, but not yet collected, for transportationand ancillary services sold under this Agreement, includingapplicable remuneration, which the Agent is entitled to claimhereunder; the event that the Agent becomes the subject ofbankruptcy proceedings, is placed in receivership or judicialadministration, goes into liquidation or becomes subject toa similar legal process affecting the normal operation of theAgent, then notwithstanding the normal remittance proced-ures under this Agreement, all monies due to the Carrier orheld on behalf of the Carrier in connection with this Agree-ment shall become immediately due and payable;or7.

9 AUSTRALIA AND GERMANYONLY MONIES DUE BY AGENT TOCARRIERS the issue by the Agent of a Traffic Document onbehalf of the Carrier, or on the issue by the Agent of itsown transportation Order drawn on the Carrier, the Agent,irrespective of whether it collects a corresponding amount,shall be responsible for payment to the Carrier of the amountpayable for the transportation or other service to which theTraffic Document or transportation Order relates. This shallnot, however, apply where the Traffic Document or Trans-portation Order is issued under the Universal Air Travel Planor similar credit plan recognised or made available to thepublic by the Carrier (except with respect to the initial amountpayable under such plan) and the Agent has procured andforwarded to the Carrier the duly executed documentsrequired under such plan, or where the Traffic Documentor transportation Order is issued by the Agent in responseto a prepaid ticket advice.

10 In such cases the Carrier acceptsresponsibility for collection; as otherwise provided in Subparagraph ofthis Paragraph, the Agent shall collect the amount payablefor the transportation or other service sold by it on behalfof the Carrier. All monies collected by the Agent for trans-portation and ancillary services sold under this Agreement,including applicable commissions which the Agent is entitledto claim thereunder, shall be the property of the Carrier andcPassenger Agency Conference Resolutions Manualshall be held by the Agent in trust for the Carrier or on behalfof the Carrier until satisfactorily accounted for to the Carrierand settlement made. The Carrier may, subject to applicablecurrency regulations, designate the currencies in whichremittances are to be made. Unless otherwise instructedby the Carrier the Agent shall be entitled to deduct fromremittances the applicable commission to which it is entitledhereunder; Agent shall remit to the Carrier such monies atsuch times and under such conditions as the Carrier maydesignate from time to time in accordance with the provi-sions of the Sales Agency Rules; Traffic Document shall be issued immediately moneyis received by the Agent for specified Passenger air trans-portation or ancillary services sold under this Agreementand the Agent shall be responsible for remittance to theCarrier of the amount payable in respect of such TrafficDocument.