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(Effective August 2020)
1. This AgentExperience Travel & Tourism Supplier Agreement (the “Agreement”) will serve as an agreement between the undersigned travel industry supplier on the one hand (hereinafter the “Supplier”) and the International Air Transport Association ( “IATA”), an association incorporated by Special Act of Parliament of Canada and having its head office at 800 Place Victoria, P.O. Box 113, Montreal, Quebec, Canada H4Z 1M1, in its own capacity and in its capacity as Manager of the IATA/IATAN ID Card Program (the “Card Program”), concerning the use and acceptance of the IATA/IATAN ID Card Program (the “Card”).
2. The Supplier understands that the Card Program is developed, implemented and administered by IATA as a travel industry service, as a means to facilitate the way the Supplier administers its own preferential industry partners’ rate program, in that it provides a greater degree of control and allows ready recognition of professional travel agents that the Supplier deems eligible to benefit from industry discount concessions. The Card can be a physical identification card, or a digital identification embedded in a software application.
3. As a condition of participation in the Card Program, the Supplier agrees to pay the annual fee listed in the Supplier Offer Listing form. The fee is non-refundable (including if the Supplier voluntarily terminates this Agreement), except in the event that IATA voluntarily terminates the Agreement without cause, in which event a pro-rata refund will be issued. The fee is subject to change at any time without prior notice other than in the Supplier Offer listing form. Failure to pay the annual fee shall entitle IATA to terminate this Agreement immediately upon written notice.
4. The Supplier agrees to recognize the holder of the Card (the “Cardholder”) as a lawful participant in the Card Program, provided the Card is issued by IATA or IATAN under the Card Program.
5. The Supplier agrees that IATA may list the Supplier’s name in promotional materials supplied to holders of the Card, including in a “Directory of Travel & Tourism Suppliers” (or similar), and/or the listing on the online AgentExperience site and mobile application (collectively “AgentExperience”)and in similar lists or publications or artwork, and to inform other potential suppliers or other persons of its participation in the Card Program. Further, the Supplier agrees that IATA may announce, advertise and/or promote the Supplier’s participation, including by featuring its name and/or logo on public sites and/or social media platforms (including without limitation Facebook, Twitter, LinkedIn, Instagram, etc.).
6. The Supplier agrees to disseminate all information available about the Card Program to its personnel responsible for administration of the travel industry discount concessions to bearers of the Card. Furthermore, the Supplier undertakes to instruct its personnel to request that the Cardholder present the Card as a matter of routine prior to awarding applicable travel industry discount concessions and whenever deemed reasonable for the purpose of such identifications.
7. The Supplier acknowledges that IATA’s obligations are limited to the publication of the offers that the Supplier makes available to Cardholders (the “Offers”) The Supplier will indicate if an Offer can be booked by the Cardholder on the AgentExperience site or mobile application (if that option is available), in which case IATA will transfer the booking confirmation details to the Supplier, or if the Cardholder should contact the Supplier directly to make the booking, in which case IATA will reference the Supplier’s contact details, including its website where the booking may be finalized.
8. Where the booking of an Offer is partially completed outside AgentExperience, the Supplier agrees to accept the credentials of the Cardholder as provided by IATA and will refrain from asking the Cardholder for any additional registration, membership or any additional fees to execute the booking of the offer. In case the booking of an Offer is completed outside the AgentExperience website or mobile application, the Supplier will transfer the booking confirmation information back to AgentExperience.
9. The Supplier will endeavor to include its full range of travel products, hotel properties, or locations as part of its Offer selection. In the event the Supplier wishes to exclude certain of its travel products from its Offers, it will provide written notice thereof to IATA.
10. Where a Cardholder purchases any Offer outside AgentExperience, IATA shall not collect payment from the Cardholder on behalf of the Supplier and it is the sole responsibility of the Supplier to collect any fees or charges related to the Offer directly from the Cardholder. IATA will not be liable in any way for ensuring the payment of any fees or charges by a Cardholder nor its collection by the Supplier.
11. The Supplier acknowledges and agrees that its Offers may be shared by IATA or Cardholders using any of the messaging to sharing functions available on AgentExperience, including with non-Cardholder persons provided that the such Offers may nonetheless be booked exclusively to Cardholders.
12. The Supplier will be responsible for the content of the Offers provided to IATA and shall indemnify IATA for any third-party claims relating to any Offers, or any other claims, actions or processes brought forth by third parties for any reason whatsoever, including claims relating to intellectual property infringement, unlawful marketing practices and any other deceitful practices. Furthermore, the Supplier shall be solely responsible for any cost, delay or manpower associated with any technology components or features it provides in relation to AgentExperience.
13. The Supplier is prohibited from using or displaying the IATA name or logo or any similar logo or trademark in any publications or other material (whether print or online) other than directly in the promotion of the Card Program. Further, the Supplier is forbidden from claiming any exclusivity or similar relationship in relation to IATA, its products and services, or its participation in the Card Program.
14. Either party may terminate this Agreement by providing the other party with thirty (30) days’ prior written notice of its intention to terminate.
15. This Agreement is the entire agreement between the parties hereto, there being no prior written or oral promises or representations not incorporated herein. All prior representations, discussions, contracts or agreements concerning the subject matter hereof are cancelled or merged herein. IATA may amend or modify this Agreement from time to time without prior notice to the Supplier.
16. This Agreement shall be governed by the laws of the province of Quebec, Canada, excluding conflict of law provisions. Any dispute between IATA and the Supplier in connection with this Agreement or its subject matter shall be exclusively referred to and settled by the courts of the Province of Quebec, Canada, in the city of Montreal.
17. By clicking “I Agree”, the Supplier warrants and represents that it has the authority to enter into this Agreement and bind its entire corporation and affiliates, and this Agreement will become legally binding and enforceable on both the Supplier and IATA.