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.
Any amendment to the Agreement should only be valid once ‘notified to the Participant in writing to the address set out in Section 22’.
Since there will be no Personal Data transferred by EK, this should be deleted.
Delete the reference to Personal Data as well as to any data privacy and data security laws in the Agreement.
All communication with the Participant in accordance with this Agreement should be sent to it in accordance with Section 22.
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.
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.
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)”.
The reference in the last sentence to “future performance” should be to “all performance”.
IATA should have ‘the necessary rights, and applicable licences to provide the Service”.
The reference to Section 15 should be to Section 15.1.
This sentence should end with “in accordance with Section 22”.
Definition of Event of Insolvency should not include ‘reorganisation’ please delete this reference in the definition.
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.