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IATA SIS Participation Agreement

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Created by Brian M (Aer Lingus) on 2011-10-05 12:35:45 Back to Topics

IATA SIS Participation Agreement

Hello IATA,
 
Please can you answer the below queries from our Legal Dept.
 
" In the SIS Participation Agreement, the various liabilities and indemnities of IATA are stated to be subject to the cost recovery mechanism set out in the Agreement. We understand that IATA provide the Services on a cost recovery basis, but does the mechanism set out in Section 13 have the effect that IATA may recover all amounts it pays out under an indemnity or warranty obligation from all Participants? This would seem rather circular to us unless we misconstrue it.
Would it have the effect that, in the event of one single Participant recovering damages for loss from IATA under Section 10 for example, all other Participants must refund those damages to IATA on a relative utilisation calculation basis?"
 
Regards,
Brian.
 
 
Replied by Ashley H on 2011-10-06 11:01:04

Hi Brian,

 

I hope this question has been addressed via email with you.

 

Best regards

 

From: MCEVOY Brian
Posted At: Wednesday, October 05, 2011 12:36 PM
Posted To: SIS Forums - Legal, E-Invoicing, & Digital Signatures
Conversation: IATA SIS Participation Agreement
Subject: IATA SIS Participation Agreement

 

Hello IATA,

 

Please can you answer the below queries from our Legal Dept.

 

" In the SIS Participation Agreement, the various liabilities and indemnities of IATA are stated to be subject to the cost recovery mechanism set out in the Agreement. We understand that IATA provide the Services on a cost recovery basis, but does the mechanism set out in Section 13 have the effect that IATA may recover all amounts it pays out under an indemnity or warranty obligation from all Participants? This would seem rather circular to us unless we misconstrue it.

Would it have the effect that, in the event of one single Participant recovering damages for loss from IATA under Section 10 for example, all other Participants must refund those damages to IATA on a relative utilisation calculation basis?"

 

Regards,

Brian.

 

 

 
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