Agent Code of Conduct
In accordance with sections 3.2 and 4 of IATA Resolution 824 – Passenger Sales Agency Agreement, Delta Air Lines ( “Carrier”) require its Travel Agents to strictly respect the following rules and principles when providing to customers the Carriers’ respective air transportation products and services.
Therefore, the Travel Agent shall respect and strictly adhere to each of the following when issuing BSP traffic documents through any online distribution channel, using either its own Internet website or the Internet website of any affiliates or any third party Internet website or any other online or mobile applications available to the customers.
For the avoidance of doubt, the term “Fares” in the present Agent Code of Conduct means the Carrier published and unpublished fares as defined below:
- Published Fares: All fares published by the Carrier through any distribution system authorised by the Carrier and available for all accredited Travel Agents.
- Non-published Fares: All fares provided by the Carrier through any distribution system authorised by the Carrier including GDS’s private section and available for sale by some airline selected Travel Agents (e.g. net Fares, TO Fares).
For purposes of the present Agent Code of Conduct, the following terms shall have the meanings ascribed below:
“Metasearch Operator” means any person or entity that:
(i) Aggregates data related to flights operated by air carriers (“Flight Data”);
(ii) Provides access to, displays or otherwise distributes Flight Data or parts thereof to users of its services; and
(iii) Refers or otherwise connects users of its services to air carriers, travel agents and/or other parties that book tickets for airline travel.
“Carrier Content” means Carrier’s flight data and may include, but is not limited to, flight schedules, fares, seat availability, inventory availability, seat assignment, service enhancements, flight information, frequent flyer program account information, and ancillary products and services offered by air carriers.
1- Compliance with applicable laws, rules, and regulations
All Travel Agents shall comply with all applicable laws, rules, and regulations in connection with the advertising, sale, or distribution of air transportation services in the territory or territories where the Travel Agent is situated and in all territories to or through which the Travel Agent may sell air passenger transportation,
The Travel Agent shall not engage in any action deemed an unfair or deceptive trade practice or unfair competition.
The Carrier reminds that it is the Travel Agent’s responsibility to become familiar with and ensure compliance with all laws, rules and/or regulations that apply to its activities for all and each territories where the Travel Agent is active.
The following list of principals and rules is not exhaustive and the Carrier may also publish specific instructions concerning the Carrier distribution policy for certain territories (as for example US, Canada, and Latin America) in accordance with local rules and regulations. For such territories, the Travel Agent shall also comply with these specific instructions that were made available on the Carrier websites.
1.1 Information about the Operating Carrier
All Travel Agents shall clearly inform the air transport passengers of the identity of the operating air carrier, meaning:
- Upon reservation, all Travel Agents shall inform the passenger of the identity of the operating air carrier or carriers, whatever the means used to make the reservation;
- If the identity of the operating Carrier is unknown at the time of reservation, the Travel Agent shall inform the passenger of the identity of the operating Carrier or Carriers likely to operate the flight. This information should be given to the passenger as soon as it is known by the Travel Agent and at the latest at the check-in time.
1.2 Carriers Fares Display
Carrier Fares, tariffs, rules and conditions should be displayed according to the following rules:
- Advertised and displayed fares should include, at all times, all unavoidable and foreseeable taxes, fees and charges;
- Taxes, fares and charges added to the air fare shall be provided in a clear manner;
- Optional price, and fees supplements shall be clearly, transparently and unequivocally communicated from the start of each booking procedure or transaction and shall be presented to, and accepted by, the customer on an “opt-in” basis;
- The customer should be able to access fares without any discrimination based on nationality or place of residence;
- Carrier Fares shall be provided to the public with the exact conditions and rules of the Fare as provided by the Carrier and updated from time to time.
- A breakdown of the final price to be paid by the customer must be displayed in the breakdown of Fares, applicable taxes, charges, surcharges and fees, without any kind of modification, and the customer must remain informed throughout the booking process of the Carrier’scorrect Fares as available in any distribution system authorised by the Carrierand settled through the BSP.
1.3 Fair Commercial Practices
All Travel Agents shall respect the following principles of fair commercial practices in order to ensure and maintain a fair treatment of consumers:
- Flights and/or related services must not be marketed as “free” or equivalent if the customer must pay anything other than the unavoidable cost of responding to the commercial practice (e.g. making a phone call), or collecting or paying for delivery of an item;
- The material details of the flight and/or related service (which include flight timings, stops made en-route and full names of airports) shall be clearly displayed in a non-misleading manner, with any limitations and conditions clearly attached;
- Flights and/or related services shall not be biased with respect to display, distribution or access, including added service fees. Travel Agents shall ensure that any display of the Carrier’s schedules, Fares, rules, seat availability or other flight information on any website is displayed in a correct and complete manner and that the presentation of information is based on all relevant objective criteria, such as fare price, transfer times, shortest connection, and each of which is consistently applied to all carriers and in all markets;
- The prices displayed by the Travel Agent should be effectively accessible to the customer and it should not include any fake and/or misleading discounts linked to availability conditions unattainable to the customer (i.e. discount imposing to the customer the use of no customary and reasonable payment method).
- Provision of information via the internet or other electronic means shall use clear language and all applicable conditions related to any transportation product or service shall be available in a form which can be saved by the consumer.
1.4 Rate of Exchange / Use of the Carriers MOR
If for any reason Travel Agent needs to convert a fare into a different currency, it shall strictly apply the rate of exchange available in the GDS at the time of the customer request.
Use of the Carrier’s Merchant of Record (MOR) by Travel Agent shall be in accordance with IATA Resolution 890 (Card Sales Rules), as applicable. The Travel Agent is not allowed to use the Carrier‘s MOR for online sales unless a previous and written authorization has been provided by the Carrier, with such authorization to be determined in each Carrier’s sole discretion. The Carrier will charge the Travel Agent all credit cards costs related to the use of Carrier’s MOR for all online transactions by the Travel Agent (IATA Resolution 890).
The authorization shall be valid only for the customer’s card and in no event shall the Travel Agent be allowed to use a Card issued in the name of the Travel Agent, or in the name of a person permitted to act on behalf of the Travel Agent, or in the name of the Travel Agent's officer, partner or employee, in connection with the sale of air transportation on behalf of a Carrier to any customer of the Travel Agent (IATA Resolution 890).
For the avoidance of doubt, "Card" means an Airline/ Member approved credit card, charge card, debit card, purchasing card, virtual card such as Virtual Account Number (VAN) or any other air industry used and accepted as payment by an Agent for the purchase of air transportation, against the Airline's or Member's merchant agreement.
In case of abusive use of the Carrier’s MOR, the Carrier will be entitled to charge the Travel Agent all credit card costs resulting from the non-authorized, improper or abusive use of Carrier’s MOR by the Travel Agent and obtain an appropriate compensation for such misuse. Additionally, the Carrier may take any measures as set forth below in Section 5 of this Agent Code of Conduct.
The Travel Agent shall not apply credit card surcharges when issuing Carrier Fares in countries where such surcharges are prohibited. However, in countries where such credit card surcharges are allowable, the Travel Agent shall fully comply with all related local laws.
2- No Redistribution of Carrier Content
No Travel Agent shall (a) provide access to, display or otherwise distribute, directly or indirectly, any “Carrier Content” to any other party, including without limitation any “Metasearch Operator”, (b) receive any referral, web page click-through or link from any webpage of any “Metasearch Operator” in connection or associated with any search result on such webpage that is attributed to any Carrier product or service to any webpage used by Travel Agent, including, without limitation, any advertising link or other hyperlink, or (c) place or otherwise have any advertising link on any “Metasearch Operator” webpage in connection or associated with any search result on such webpage that is attributed to any Carrier product or service in such search result, in each case, without the prior written consent of such Carrier or pursuant to a definitive written agreement in effect with such Carrier.
The decision whether to grant consent for Travel Agent to redistribute Carrier Content shall be in Carrier’s sole discretion. In order to obtain a Carrier’s consent, the Travel Agent must at a minimum strictly comply with the following rules:
- The prices of the Fares displayed by the Metasearch Operator must not be misleading for the consumer in any manner and such displays must not constitute an unfair commercial practice;
- The prices of such Fares displayed by the Metasearch Operator must include all unavoidable and foreseeable taxes, fees and charges, and the Travel Agent Websites must be in compliance with the Carriers’ services instructions for online sales as specified in the present Agent Code of Conduct; and
- By the display of such Fares by the Metasearch Operator, the Travel Agent issuing online is not taking an unfair advantage of the Carrier’ trademark or is affecting in any manner Carrier’s goodwill and reputation
In addition, each Travel Agent acknowledges and agrees that, as between the Travel Agent and the Carrier, Carrier owns, controls and retains all right, title and interest in and to its Carrier Content and all copyright, database and other intellectual property rights relating thereto.
3- Intellectual Property
Travel Agent shall respect and strictly adhere to the Carrier’s respective service marks, trade names, Carrier Content and other intellectual property:
- Travel Agents shall not bid on Carrier’s respective trade names, trademarks, service marks and logos and/or Carrier Content, with any online search engines. With respect to any “pay for placement” or other key word purchase programme offered by any online search engine such as, without limitation, Google, Bing, Yahoo, Baidu, Naver, Yandex, Seznam and 360search, Travel Agents shall not bid, instruct or direct any third party to bid on any Carrier’s name, trademarks, service marks, trade names or other intellectual property. Furthermore, “Delta Airlines”, “Delta Air Lines”, “Delta”, and all misspells, abbreviations and translations will be included as a broad negative keyword match for all air related queries on search engines on all markets.
- Travel Agents shall strictly respect Carrier’s respective intellectual property, including without limitation service marks, trademarks, trade names and logos on their own websites and any permitted third party websites.
4- Customer Service
Travel Agents shall fully support customers prior to departure and ensure after-sales services:
- Travel Agents must properly handle the customer support issues prior to day of departure;
- Travel Agents must provide Carrier with customer contact information to facilitate last minute customer relations (mobile phone and email address);
- Travel Agents must ensure the protection of customer critical personal data (such as credit card information);
- Travel Agents must send to the customer clear information regarding its airline travel (including Booking reference, Ticket number, Origin / Destination, Flight date(s) / Flight number(s)…).
- Travel Agents must make refund only in accordance with the Carrier’s tariffs, conditions of carriage and written instructions, and against a receipt.
5- Consequences of non-compliance with the Agent Code of Conduct
The Travel Agent shall comply immediately with all the rules, principles and instructions set forth in the present Agent Code of Conduct and, if necessary, promptly make all the required changes in order to fully comply with each of them.
In case of non-compliance by the Travel Agent with provisions of the Agent Code of Conduct, the Carriershall be entitled to take all measures the Carrier deems necessary in order to prevent or restrict such non-compliance including, but not limited to:
(i) cancelling Travel Agent’s Electronic Ticketing Authority and inhibiting Electronic Ticketing issuance in accordance with IATA Resolution 818g – Passenger Sales Agency Rules;
(ii) withdrawing from the Travel Agent the authority to issue Traffic Documents on the Carrier’s behalf and requiring the Travel Agent to return the Carrier’s Traffic Documents and Identification Plates in accordance with IATA Resolution 824 – Passenger Sales Agency Agreement; and
(iii) terminating IATA Resolution 824 – Passenger Sales Agency Agreement by withdrawing Carrier’s appointment of the Travel Agent.
The respect of these rules and principles is a prerequisite in order to further develop the cooperation between the Carrier and its Travel Agents in the future.
Terms of the present Agent Code of Conduct is also available on your dedicated website: www.pro.delta.com under the Carrier Distribution Policy in the Travel Agency portal.
The Agent Code of Conduct may be subject to modification and updated accordingly.