The IATA Travel Pass

The International Air Transport Association (IATA) is an association whose mission is to represent, lead and serve the airline industry. With a view to ensure the ease of movement of passengers through their travel, from the moment of booking a trip to the arrival at destination, including boarding, transit and layover, IATA has designed the proprietary IATA Travel Pass mobile application (the Application).

The Application is designed to enable passengers to share data with participating airlines, airports, border control and immigration authorities, governmental authorities, clinics, laboratories, medical institutions, testing/vaccination facilities and other IATA Travel Pass participants to facilitate contactless travel, to be made aware of travel restrictions, health and quarantine requirements, and facilitate the exchange of medical test results, vaccination documentation and derived attestations.

The following terms of use (Terms of Use) are entered into between the International Air Transport Association (us, we, our, IATA) and you (and your representatives and successors) as user of the Application (you, your, User).

 

Before you complete your registration

We ask you to carefully read these terms of use before completing your registration and using the Application. These terms of use contain the terms and conditions that govern your use of the Application. You must be 18 years or older to use the Application. 

BY COMPLETING THE APPLICATION ENROLMENT FORM AND CHECKING THE “I AGREE TO THE TERMS AND CONDITIONS” BOX, YOU REPRESENT THAT YOU ARE 18 YEARS OR OLDER AND YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE.

IMPORTANT NOTICE: The Application is intended to facilitate contactless travel, fast track your movements through airports and assist with the transmission of digital identity,  health related attestations and other information concerning you, with your Airline, your  testing/vaccination centre and other authorized third parties.  THE APPLICATION IN NO EVENT REPLACES THE NEED FOR ANY PHYSICAL DOCUMENTATION THAT MAY BE REQUIRED FOR YOUR JOURNEY, SUCH AS YOUR PASSPORT, IDENTIFICATION CARD, BOARDING PASSES, TEST RESULTS AND VACCINATION DOCUMENTATION, AMONGST OTHERS. YOU MUST ALWAYS CARRY SUCH DOCUMENTATION WITH YOU AND YOU SHOULD NEVER RELY SOLELY ON THIS APPLICATION FOR YOUR TRAVEL.  THE APPLICATION MAY NOT BE ACCEPTED FOR USE ON SOME OR ALL PARTS OF YOUR JOURNEY.  DUE TO THE  EVER-CHANGING NATURE OF REGULATIONS AND RESTRICTIONS, WE STRONGLY ADVISE THAT YOU CHECK THE BOARDING, TRAVEL AND DESTINATION REQUIREMENTS WITH YOUR AIRLINE AND ALL RELEVANT AUTHORITIES BEFORE PLANNING AND BOOKING YOUR TRIP FROM DEPARTURE TO ARRIVAL AT DESTINATION, AND FOR EACH LEG OF YOUR TRIP WITH TRANSIT AND LAYOVERS, AND TO CHECK AGAIN BEFORE STARTING YOUR JOURNEY.

Only the passengers of participating Airlines will be able to use all the features of the Application.  Please check with your Airline if the Application may be used for your travel. The Timatic™ feature may be accessed upon a confirmed reservation and booking with your Airline and the information so retrieved relates to that specific reservation and booking.

These Terms of Use are supported by reasonable and valuable consideration, including without limitation your use of the Application and the receipt or use of data, content or services through the Application, the receipt and adequacy of which you have acknowledged. You agree to be bound by these Terms of Use for the entire duration of your use of the Application.

 

Contents of these Terms of Use

  • You and the IATA Travel Pass Mobile Application
  • Protecting your Account
  • User Rules of Conduct
  • System Security and Reliability
  • Third-Party Services
  • Third Party Links
  • Privacy
  • Intellectual Property and User Licence
  • Warranty
  • Liability
  • Indemnification
  • Deactivation of your User Account, Denial of Access, Suspension
  • Changes to IATA Travel Pass and Terms of Use
  • Rights and Recourses 
  • Interpretation
  • Severability
  • Survival of Provisions
  • Entire Agreement
  • Governing Laws, Jurisdiction and Venue
  • Arbitration and Class Action
  • Limitation
  • Contact Us

 

You and the IATA Travel Pass Mobile Application

You agree to the following:

  • You will provide all required information to create your User account, and agree that such information, including your personal data, photograph, passport and biometric information, will at all times be true, accurate, current and complete.
  • You will at all times maintain and keep current the information associated with your User account to enable your full and uninterrupted access and use of the Application.
  • You will use the Application responsibly and for the sole purposes intended by IATA Travel Pass.
  • You will not impersonate any person, use an alias, an identity or a name that is not your own.
  • You will not grant access to, share or otherwise allow any other person but you to use your credentials and Application.
  • You will comply at all times with all laws and regulations, travel and boarding requirements, border, immigration and entry requirements, local and foreign, that may apply to all legs of your journey.
  • You will not access the Application by any other means than through your User account, using your log-in particulars, and you will not attempt any unauthorized access to the Application or to other systems or networks, by deriving a username or a password or by any other means.

 

Protecting your Account

You will choose a unique username and a strong password. You are responsible for maintaining at all times the confidentiality of all information relating to your User account, including your unique log-in particulars, and for restricting unauthorized access to your electronic device. You are solely responsible for all activities and actions occurring in your account. You agree that the use of your password constitutes a security procedure for accessing the Application and your profile, and is a commercially reasonable method of providing security against unauthorized access to or use of your account.

You will immediately contact us if you have reasons to believe that your password has been intercepted or compromised, or that there might be an attempted breach or unauthorized use of your account, password or any identifier used by you in relation to the Application. Please  contact the administrator of the Application at: IATATravelPass@iata.org.

You acknowledge that we will not be liable for any actions initiated under your account, even if you did not authorize such actions. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with your obligations under these Terms of Use, or for any acts or omissions by you or anyone else using your account or log-in credentials.

The use of a third-party service (e.g. sign-in with Apple, Facebook Login, Google Login, etc.) to create your account and log into the Application is subject to the terms and conditions of such third-party service and we assume no responsibility or liability in connection with your use of such service.

 

User Rules of Conduct

You agree to comply with the following rules of conduct as well as any directions or guidelines as may be disclosed to you at any time in regard to your use of the Application (together, the Rules of Conduct):

  • Illegal or Reprehensible Activities. You will not take part in or tolerate illegal or reprehensible activities, including without limitation, a breach of any applicable local or foreign laws, intellectual property infringement, bribery of officials, or breach of privacy or otherwise allow the Application to be used to facilitate and such activities.
  • Systems Abuse. You will not take part of any systems abuse, including without limitation, excessive or intensive processor use, use of disk space, use of data storage space, computer hacking, error handling, masking, monitoring or copying any content of this Application by using a manual process, a third-party application or other automatic device.
  • Malware. You will not download or upload files that may damage the operation of computers or devices, or any form of destructive software or element designed to interrupt, destroy or limit the functionality of the Application.
  • Reverse Engineering. You will not disassemble, decompile or reverse engineer any software or other components of the Application, and you shall not, directly or indirectly, attempt to derive any source code or other industrial secrets.
  • Disruption. You will not interfere with or disrupt the applications and features linked to the Application or our networks and servers.
  • Misleading Contents. You will not post on your account or using the Application false, untruthful, inaccurate, tampered, deceptive, defamatory or otherwise disparaging, incomplete, confusing, contradictory or misleading contents or information.
  • Unauthorized Purposes. You will not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, modify or otherwise use the Application or its content for private, public or commercial purposes, including without limitation, blogs, group chats, contests or surveys.
  • Third Party Rights. You will not download or upload to your account or using the Application or on your account files that contain third-party materials, including but not limited to software that violate the intellectual property, privacy or rights of others, unless you own, control or are authorized to exercise such rights, and you will not appropriate, remove, deface, overprint or tamper with trademark, logo, legend, warnings or copyrights of third parties, nor will you post, share or otherwise disclose confidential information, trade secrets, or other confidential or protected proprietary data of any third-party or person.
  • General Conduct. You will not engage in any other conduct that is, or that we deem to be, in conflict with these Terms of Use or in violation of applicable laws or regulations.
  • Facilitation. You shall not facilitate, encourage or enable anyone to engage in any of the above conduct.

In order to prevent irregular use of the Application, we reserve the right to ask you to substantiate your compliance with these Terms of Use and you agree to respond to any such requests in full with reasonable transparency and without delay. You acknowledge that any breach of the Rules of Conduct will result in your immediate suspension and withdrawal of your User privileges.

 

System Security and Reliability

We will use commercially reasonable efforts to provide reliable and secure access to the Application, but we do not guarantee a secure and reliable access to the Application at all times,   including in the event of heavy Internet traffic, automated maintenance and upgrades, forced and emergency shutdowns, denial of service, or exceptional and unusual circumstances beyond our reasonable control and events of force majeure.

You acknowledge that your access to and the availability of the Application will be performed through wireless communication operating by the transmission of radio and signal frequencies, and as such may be interfered with by external sources or obstacles inherent in buildings, vegetation or terrain, or acts of nature, and for which we do not guarantee a continued or error-free transmission, both in terms of quality or availability.

You understand and acknowledge the risks associated with transmission of data through the Internet and wireless infrastructures. We do not warrant or guarantee a fault-free and uninterrupted service, and you acknowledge that we will not be liable for any damages that you may incur, directly or indirectly, as a result of any downtime, delay, loss of data, loss of business, expenses or any other circumstances relating to the above.

You are solely responsible for protecting your computer equipment, technical environment, hardware, mobile devices, software equipment and any other materials and equipment against viruses, malware including but not limited to computer worms, ransomware, spyware, adware, trojan horses, keyloggers, rootkits and other malicious software and to ensure that your devices are free from any such viruses and malware. We will incur no liability, including without limitation, for direct and indirect damages, for viruses or any malware that may affect or impact your systems or devices, or viruses or malware resulting from your access to, or use of the Application.

 

Third-Party Services

You acknowledge that your access to and the availability of the Application, sources and referrals linked to the Application and third-party services , are contingent upon the services made available by third party providers and their ability to maintain necessary licenses or permissions, network capacity, connectivity, network coverage, quality and availability. You will enquire as to the availability, nature and level of services, and conditions  applicable to such services, directly with any third-party, and we will not be responsible for the extent and quality of services made available to you by third-party services, including without limitation the hours of operation, availability, timely delivery of results, quality of services, payment terms and pricing.  You understand and expressly consent to the right of such authorized third-parties to access and process your personal data for the purposes of providing their services to you in connection with the Application.    

 

Third Party Links

The Application and associated microsites or pages may provide links to other Internet sites or resources (Third Party Links). Such Third Party Links are provided for convenience only. You acknowledge that we have no control over such Third Party Links and you agree that we are not responsible for the availability of such external sites and resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, services or other materials posted on, or available from, such Third Party Links and we are not responsible or liable, directly or indirectly, for any inconvenience, damage or loss that may result from your use of, or reliance on, any such Third Party Links. We may remove such Third Party Links at any time in our entire discretion without prior notice.

 

Privacy

IATA is committed to respect and protect your privacy to the greatest extent possible. We believe personal data should only be used for a precise and predetermined purpose. We process your personal Information that you provide to us when you enroll on the Application and complete the onboarding, in compliance with applicable data protection legislation. We will ensure, via a third-party provider, the encryption of the data on your device. The Application only stores your personal information on your device and can only be accessed by others when you consent and share it through your use of the Application, and you understand and expressly consent to your personal data being accessed and processed by us and by authorized third-parties for the purposes of making the Application and its features available to you.

To learn more about the processing of your personal information, please read the Travel Pass Application Privacy Policy.

 

Intellectual Property and User Licence

IATA Travel Pass Content. As between you and us, all content, data, graphics, images, audio, video, software, products, trademarks, service marks, trade names, components, information (collectively, the IATA Content) accessible by means of the Application, excluding the User Content, and all Intellectual Property associated to the Application are proprietary to, and the exclusive property of IATA. The IATA Content and Intellectual Property are protected by international intellectual property laws. Except as specifically provided for in these Terms of Use, you are prohibited from modifying, copying, reproducing, publishing, transmitting, distributing, posting, executing, interpreting, transferring, assigning, sharing, advertising, commercializing, leasing or selling any IATA Content, in whole or in part, directly or indirectly, or from creating derivative works therefrom, without the specific prior written consent of IATA. The term Intellectual Property means any patents, registered designs, design rights, right to inventions, work product, any trade and business name, trademark, service mark, logo, trade dress or other name or mark that is owned or licensed and is protected or protectable under trade mark laws, regulations or conventions, including goodwill associated with same, trade secrets, copyright, moral rights, databases, rights in computer software, source code, object code, domain names, topography rights and utility models, records, documents, data or other intellectual property.

Brands and Trade Marks. The IATA Travel Pass™ term and logo, the IATA corporate logo, and all other IATA logos and product and service names are IATA Trademarks, which are protected by international intellectual property laws. Third-Party Trademarks appearing on, or in connection with, the Application are trademarks of their owners. You are not permitted to use or incorporate any IATA Trademarks or Third-Party Trademarks into any other trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations. You are prohibited from removing, overprinting or defacing any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of software or information from the Application. The term IATA Trademarks means all names, marks, brands, URL names or addresses, logos, designs, trade dress and other designations IATA uses in connection with products or services, and Third-Party Trademarks means all names, marks, brands, URL names or addresses, logos, designs, trade dress and other designations third parties use in connection with their products or services.

User License. As between you and us, IATA owns and operates IATA Travel Pass and the Application, and all other applications and features that might be linked to IATA Travel Pass. For the duration of your User account remaining active, we grant to you a single user, personal, limited, non-exclusive, restricted, non-assignable, non-transferrable, non-sublicensable and revocable license to access and use the Application for your sole personal use and for the purposes as set out in these Terms of Use.

These Terms of Use will not be interpreted or deemed to transfer to you any right of ownership, license or otherwise, whether by estoppel, implication or otherwise, in or to the Application or any of the applications, products, services, IATA Content, data or information accessible through the Application. As between you and us, IATA shall be the sole and exclusive owner of all components of the Application and all features and applications linked to IATA Travel Pass, and the use of the Application shall not pass to you any title to or other proprietary rights, such being expressly reserved to, and vested in, IATA and its authorized licensors. Any improvements, developments, modifications, changes, supplements, augmentations or works that may be derived from, created or otherwise presented by you in connection with the Application and the features linked to IATA Travel Pass shall be the exclusive property of IATA and you irrevocably and forever assign to IATA all of your rights, title and interest which you may hold or claim in that regard.

User Content and Usage Data. Any and all information and related materials published, stored or uploaded by you to, or in connection with your use of the Application (User Content) shall remain your property or under your control. You hereby grant to us a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to copy, disclose, distribute, incorporate, modify, create derivative works and otherwise use the User Content and all images, sounds, text and other data embodied therein, for the purposes for which the User Content was uploaded and in accordance with these Terms of Use, subject to the rights of individuals and the protection of privacy and personal data. We will be in no manner responsible for your User Content.

You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use the User Content, or data relating to your use of the Application, for the purposes of providing this Application to you and to allow for its use, as well as for internal analysis, validation, verification, and quality assurance.

We may collect, create, derive, use and publish aggregated anonymized data (Usage Data) relating to your and other users’ use of the Application, for the purposes of, amongst other uses, analytics, statistics, trendsetting, industry publications, advocacy, training, education or developing or enhancing IATA products, services and publications. We own all rights, title and interest, including copyright, in and to all such Usage Data.

If any information about you or any User Content that you provide is untrue, inaccurate, not current, incomplete or offensive, or if we have reasonable grounds to suspect as such, we shall have the right to request you to complete, correct, update or delete such information, and/or to suspend or terminate your use of the Application in our sole discretion.  You understand and agree that we are under no obligation to verify the accuracy or completeness of the information you provide and that we are not liable or responsible with respect to any errors or omissions made by you with respect to any information you provide or omit to provide.

We will apply a zero tolerance approach in regard to postings to, or transmission through, the Application and any communications linked to the Application or IATA Travel Pass, including through media and social media, of any unlawful, infringing, disrespectful, controversial, judgmental, threatening, libelous, defamatory, obscene, indecent, pornographic or otherwise inappropriate material, or any material that may result in a breach of confidentiality or serve to identify or impact the natural rights and safety of individuals.

You undertake to refrain from advertising, issuing opinions or commentaries regarding the Application or IATA Travel Pass, or any of its users and other parties, in any public forum and on any media, including social media, without first obtaining our specific written prior consent, which will not be unreasonably withheld.

 

Warranty

While we make every reasonable effort to ensure the quality and accuracy of the Application and all features and services linked to IATA Travel Pass, the Application and all its components and contents are provided without any warranty, representation or condition whatsoever, express or implied.

WE DISCLAIM ANY WARRANTY, REPRESENTATION OR CONDITION, EXPRESS OR IMPLIED, IN RESPECT OF THE APPLICATION AND ALL FEATURES AND SERVICES LINKED TO THE APPLICATION AND IATA TRAVEL PASS, ITS COMPONENTS AND CONTENTS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES, REPRESENTATIONS, CONDITIONS AND WARRANTIES OF QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE APPLICATION OR ANY INFORMATION OR OTHER CONTENT AVAILABLE ON, OR IN CONNECTION WITH, THE APPLICATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  WE PROVIDE THE APPLICATION, INFORMATION AND OTHER CONTENT THEREON ON AN "AS IS", “WHERE IS” AND “AS AVAILABLE” BASIS, IN RELIANCE ON INFORMATION AND DATA SUBMITTED BY YOU AND THIRD PARTIES, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, PROTECTION FROM CYBER RISKS, NON-INFRINGEMENT OR TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THIS APPLICATION, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.  YOU USE THE APPLICATION AT YOUR OWN RISK. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IWE DO NOT REPRESENT, NOR WARRANT, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS, AND YOU ASSUME THE RESPONSIBILITY FOR EVALUATING YOUR NEEDS, SELECTING AND USING THE APPLICATION WITH A VIEW TO ACHIEVE YOUR INTENDED RESULTS, AND YOU ACKNOWLEDGE THAT YOU HAVE CONDUCTED ALL INDEPENDENT INQUIRIES IN THAT REGARD TO YOUR ENTIRE SATISFACTION.

YOUR USE OF THIS APPLICATION MAY OR MAY NOT RESULT IN PERMITTED ENTRY AT A GIVEN AIRPORT OR COUNTRY OR BOARDING ONTO A GIVEN CARRIER OR FLIGHT. SUCH DECISIONS ARE MADE BY THE RELEVANT IMMIGRATION/SECURITY OFFICIALS OR CARRIER PERSONNEL AND ARE OUTSIDE THE SCOPE OF THE APPLICATION. FURTHER, WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOU WILL BE ABLE TO USE THE APPLICATION THROUGH ANY OR EVERY PART OF YOUR JOURNEY AS CERTAIN AIRPORTS, CARRIERS AND/OR IMMIGRATION/SECURITY OFFICIALS MAY NOT USE OR ACCEPT THE APPLICATION AS A MEANS OF IDENTIFICATION, WHICH IS SOLELY WITHIN THEIR DISCRETION. WE SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM RESTRICTIONS OR DELAYS YOU MAY EXPERIENCE IN REGARD TO BOARDING OR YOUR ENTRY IN ANY JURISDICTION, OR SHOULD THE APPLICATION OR ITS CONTENTS NOT BEING ACCEPTED.

WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE CLINICS, LABORATORIES, MEDICAL CENTERS OR TESTING/VACCINATION FACILITIES LISTED IN THE APPLICATION, OR ANY ENTITY OR PERSON RESPONSIBLE FOR TRANSMITTING TEST RESULTS, VACCINATION DOCUMENTATION OR OTHER DATA TO THE APPLICATION, ARE ACCREDITED, ENDORSED, VETTED, VALIDATED, APPROVED OR OTHERWISE SUPERVISED BY IATA, OR THAT SUCH INSTITUTIONS AND FACILITIES ARE RECOGNIZED AND APPROVED BY GOVERNMENTAL AND HEALTH AUTHORITIES OR YOUR AIRLINE. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE QUALITY, COMPLETENESS, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICES (INCLUDING TEST RESULTS AND VACCINATION PROCEDURES) PROVIDED BY SUCH INSTITUTIONS AND FACILITIES. IT IS YOUR RESPONSIBILITY TO VERIFY THAT A CHOSEN INSTITUTION OR FACILITY, AND THAT THE TEST OR VACCINATION ADMINISTERED, MEET THE REQUIREMENTS OF YOUR TRAVEL ITINERARY AND DESTINATION AND THAT THE USE OF THE APPLICATION WILL BE RECOGNIZED FOR ALL OR PART OF YOUR JOURNEY.

THE INFORMATION PROVIDED THROUGH THE TIMATIC™  FEATURE IS PROVIDED TO YOU FOR INFORMATION AND GUIDANCE PURPOSES ONLY, AND WHILE WE HAVE USED ALL REASONABLE SKILL AND CARE IN THE CREATION AND SUPPLY OF THE ELEMENTS MADE AVAILABLE THROUGH TIMATIC™, AND EVERY EFFORT IS MADE TO UPDATE AND MAINTAIN THE INFORMATION PROVIDED, WE GIVE NO WARRANTY THAT SUCH INFORMATION WILL BE ACCURATE OR COMPLETE AND WE WILL INCUR NO LIABILITY FOR INACCURACIES OR INCOMPLETE INFORMATION, INCLUDING ILLEGIBILITY, INACCURACY, INCOMPLETENESS OR ERRORS IN TRANSLATION.

No advice or information, whether oral or written, regarding the Application will create any warranty not expressly stated in these Terms of Use. IATA's employees and representatives are not authorized to vary these Terms of Use.

 

Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, THIS APPLICATION. IN NO EVENT SHALL WE, OUR PROVIDERS OR PARTNERS BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, LOSS OF BUSINESS OR OPPORTUNITY, REPUTATIONAL LOSS, LOSS OF DATA, CORRUPTION OR COMPROMISED ELECTRONICALLY TRANSMITTED DATA AND ORDERS, OR OTHER ECONOMIC ADVANTAGE RESULTING OR ARISING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE APPLICATION OR ANY OTHER FEATURE, COMPONENT OR MATERIAL RELATING TO THE APPLICATION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE APPLICATION, THE UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR INFORMATION, THE ACTIONS OR OMISSIONS OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATING TO THE APPLICATION OR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE APPLICATION, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, REGARDLESS OF WHETHER WE, OUR PROVIDERS, PARTNERS OR ANY THIRD-PARTY WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE OR IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.

WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE APPLICATION OR ANY INFORMATION PROVIDED BY YOU OR ANY OTHER THIRD PARTY PROVIDING RELEVANT INFORMATION WITH RESPECT TO THE APPLICATION. WE WILL NOT BE LIABLE FOR ANY VIRUS OR OTHER DAMAGE TO YOUR ELECTRONIC DEVICE RESULTING FROM YOUR ACCESS OR USE OF THE APPLICATION OR DOWNLOAD OF ANY CONTENT FROM THE APPLICATION. WE BEAR NO RESPONSIBILITY FOR EXPOSED DATA IN CASE OF THEFT, LOSS, CORRUPTION OR COMPROMISE OF YOUR COMPUTER EQUIPMENT, MOBILE DEVICE OR CHANNELS OF COMMUNICATIONS USED TO ACCESS THE APPLICATION. ANY MATERIAL DOWNLOADED BY YOU OR OTHERWISE OBTAINED THROUGH THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, EQUIPMENT OR SOFTWARE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR THE APPLICATION NOT BEING COMPATIBLE WITH, OR FUNCTIONING PROPERLY OR WITH LIMITED ABILITY ON, YOUR ELECTRONIC DEVICE. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE APPLICATION, AND YOU AGREE THAT YOU WILL NOT MAKE A CLAIM AGAINST US FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS, LOST BUSINESS OR GOODWILL, REPUTATIONAL RISK, OPPORTUNITY COST AND ANY OTHER LOSS, EXPENSES OR DAMAGES RESULTING FROM YOUR USE OF THE APPLICATION OR OF ANY CONTENT OR INFORMATION ACCESSIBLE THROUGH, OR IN CONECTION WITH, THE APPLICATION. WE ASSUME NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ACCESSING THE CHIP OF AN E-PASSPORT AS A RESULT OF INCORRECT INFORMATION PROVIDED BY YOU WITH RESPECT TO THE COUNTRY OF YOUR PASSPORT OR OTHERWISE.

 

Indemnification

You agree and undertake to indemnify and hold harmless IATA, its affiliates, representatives, agents, licensors, successors and assigns, and their respective directors, officers, employees and representatives, from and against any action, claim, proceedings loss, damages, liabilities, fines, penalties, orders and judgments, reasonable legal fees on a solicitor-client basis, expenses, costs, injuries  and any other liability that we or they may incur in relation to your use of the Application, including any transactions or transmissions made through or in connection with the Application, errors and omissions in any information provided or uploaded by you (including the information and country stated on your passport, your test results, vaccination documentation, User Content provided by you, your breach of the Rules of Conduct, your breach of these Terms of Use or of the conditions of use of the Application, the activity related to your account carried out by you or any other person with access to the Application by using log-in credentials associated with your account, and all circumstances stemming from your use of the Application.

 

Deactivation of your User Account, Denial of Access, Suspension

You may, at any time and at your entire discretion, request IATA to deactivate your account. For clarification, you will remain responsible for any and all activities in or through your account, although you may have ceased to use actively your account or have left your account dormant, and this until such time as your account has been deactivated permanently by IATA. 

We reserve the right, in our entire discretion, to suspend, interrupt, limit, remove or cancel your access to the Application, without prior notice, in the event of a breach or suspected breach of these Terms of Use or if you fail to maintain your account in good standing. We reserve the right, without being under an obligation to do so, to suspend or deactivate your account in event of suspected irregularities or detected threats to the system.

We may suspend and terminate your account and deny your access to the Application, with immediate effect, in the event of your breach of, or your being suspected of breaching economic sanctions laws and regulations.

We reserve the right to discontinue IATA Travel Pass and/or the Application at any time at our entire discretion. We will of course inform you in due course before doing so.

You acknowledge that you will receive no compensation in the event of a withdrawal or discontinuance of IATA Travel Pass, or the deactivation, suspension, interruption or cancellation of your account and/or access to the Application, in whole or in part.

 

Changes to IATA Travel Pass and Terms of Use

The features of the Application and the contents of these Terms of Use may be amended or supplemented by IATA, and we reserve the right to and to make modifications to the Application or any of its features (including removing features permanently), at any time and at our entire discretion, by posting a notice to that such effect on the landing page of the Application or any other reasonable means of communication.  You will be responsible to remain current and knowledgeable of any changes. You shall be deemed to have consented to all changes and amendments made to the Application and these Terms of Use by your continued use of the Application. You agree that each time you access and use the Application, your usage will be subject to the Terms of Use as they are then expressed, and your continued use of the Application will serve as your confirmation that you have read, understood and agreed to be bound by same.

 

Rights and Recourses 

The failure to require the strict performance of any provision of these Terms of Use or any failure to assert any rights we may have under these Terms of Use shall not be interpreted as a waiver of our right or recourse. The conduct of business practices or of the business relations between you and us shall not be deemed to modify these Terms of Use. All recourses are cumulative.

 

Interpretation

The section titles in these Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

 

Severability 

Should any provision of these Terms of Use be found invalid or unenforceable, such provision shall be amended or stricken only to the extent required to comply with the applicable legislation and the validity of the remaining provisions of these Terms of Use shall not be affected.

 

Survival of Provisions

The provisions in these Terms of Use regarding intellectual property rights, protection of personal data and privacy, disclaimers of warranty, limitation of liability, indemnification and recourses shall survive the expiration of termination of your account and use of the Application.

 

Entire Agreement

These Terms of Use constitute the entire agreement between you and us governing your access to and use of the Application and supersedes any discussions, representations or undertakings respecting your account and use of the Application.

 

Governing Laws, Jurisdiction and Venue

You agree that these Terms of Use and all matters as between you and us will be governed by and construed in accordance with the laws of the State of New York, United States of America, as if a contract wholly entered into and performed within the State of New York, without reference to choice of law principles. Except as provided below, you irrevocably agree to submit to the exclusive personal jurisdiction and venue of the state courts and federal courts sitting in New York City, New York, USA.

 

Arbitration and Class Action

You agree to resolve disputes only on an individual basis, through arbitration pursuant to the provisions set out below. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE TO ANY ACTION, LAWSUIT, OR PROCEEDING AS A CLASS OR COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER PROCEEDING IN WHICH ANY PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

For the purposes of these Terms of Use, a dispute is any claim, dispute, disagreement or controversy between you and us concerning your account or use of the Application, including without limitation, any feature or technical aspects of the Application, registration and process, availability and reliability of the Application, any relationship we entertain with our suppliers, service providers and partners to the IATA Travel Pass solution, any subject relating to customer service and to the operation of your account, our decision to suspend or interrupt your User access, our  marketing and communications, or any other term and condition of these Terms of Use, under any legal theory including contract, warranty, tort, statute or regulation.

As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, you agree to provide due and sufficient notice of the dispute or disagreement, including a description of the matter, the efforts that have been made to contain, mitigate and resolve the issue, and the nature of the request for resolution, addressed to: IATATravelPass@iata.org.

Disputes that cannot be resolved as above shall be resolved exclusively by way of final and binding arbitration. The American Arbitration Association will conduct the arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org.  Arbitration hearings will take place in the federal judicial district of New York City, New York, USA.  A single arbitrator will be appointed. The arbitrator will follow all applicable substantive law and statutes of limitations, recognize privilege, issue a written decision including the reasons supporting the decision, and may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees). Any award in arbitration shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

In the event any of the above provisions is found to be unenforceable in regard to a dispute, in whole or in part, such parts will not be placed for arbitration and will be resolved brought before the courts as stated above with the balance resolved through arbitration.



Limitation

Notwithstanding anything to the contrary provided under any applicable laws or statutes of limitations, unless prevented by law, a dispute under these Terms of Use must be noticed for arbitration within one (1) year of the events and circumstances giving rise to the dispute, failing which such dispute or claim will be permanently barred and of no effect.

Contact Us

For purposes of providing any notices permitted hereunder or for any inquiries, please contact us at: IATATravelPass@iata.org.

The International Air Transport Association is an association created by a Special Act of the Parliament of Canada with its head office at 800 Place Victoria, P.O. Box 113, Montreal, Quebec, Canada H4Z 1M1.