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EK Legal query on ISPA

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Created by Shankar S on 2011-09-25 04:28:47 Back to Topics

EK Legal query on ISPA

Hi
 
EK legal department have following comments on ISPA. Appreciate if IATA reverts at the earliest on following comments to enable EK to finalise the agreement.
 

Section 1.3

Any amendment to the Agreement should only be valid once ‘notified to the Participant in writing to the address set out in Section 22’. 

Section 3.2

Since there will be no Personal Data transferred by EK, this should be deleted. 

Section 3.3

Delete the reference to Personal Data as well as to any data privacy and data security laws in the Agreement. 

Section 4.3

All communication with the Participant in accordance with this Agreement should be sent to it in accordance with Section 22.  

Section 8.4

Any surplus revenues paid by the Participant should be recovered by the Participant in a reduction of future operating costs and/or other fees payable by the Participant. 

Section 10.1.2

EK cannot warrant that it owns the Data, since some information will be generated from other Carriers.  We will not be able to verify that EK has the right to use other Carrier’s data until and unless we get a comprehensive list of all the Participants in the SIS Participation Agreement and I review the code-share agreement that EK has with each of them.  This has been the  EK  Legal department’s standard response to IATA in this regard . IATA should not get surprised with this.

Section 10.1.2 should be deleted.  

Section 10.2.2

The last paragraph  should read “The Steering Group will determine which of the options (b) and/or (c) IATA will undertake in addition to (a)”.  

Section 10.2.3

The reference in the last sentence to “future performance” should be to “all performance”.  

Section 10.2.8

IATA should have ‘the necessary rights, and applicable licences to provide the Service”.  

Section 15.2

The reference to Section 15 should be to Section 15.1.  

Section 17

This sentence should end with “in accordance with Section 22”.  

Section 18.4

Definition of Event of Insolvency should not include ‘reorganisation’ please delete this reference in the definition.  

Section 18.5.1

This is a very wide right for IATA to stop providing the Service , this should be limited to (at least) being subject to the approval of the SIS Steering Group.

 Rgds

Shankar

Replied by Ashley H on 2011-09-29 09:47:28

Dear Shankar,

 

I trust your questions have now been fully addressed via email.

 

Kind regards

Replied by Tzung-hsing W (China Airlines) on 2011-09-29 20:51:11

Dear Ashley,
 
Since Shankar share EK's question with the forum, would you mind sharing your reply to Shankar with the forum as well?
 
Best regards,
 
tzung-hsing
Replied by Ashley H on 2011-10-04 16:55:31

Hi Tzung-hsing,

 

Although the legal questions have been shared on the forum, unfortunately we would not be able to share the responses as they pertain to each member’s legal framework and background separately.

 

We hope you understand.

Best regards.

 

From: wu tzung-hsing
Posted At: Thursday, September 29, 2011 8:51 PM
Posted To: SIS Forums - Mobilization & Implementation Support
Conversation: EK Legal query on ISPA
Subject: EK Legal query on ISPA

 


Dear Ashley,

 

Since Shankar share EK's question with the forum, would you mind sharing your reply to Shankar with the forum as well?

 

Best regards,

 

tzung-hsing

 
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