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Computerised reservation systems
This Regulation aims to establish a harmonised code of conduct regarding the use of computerised reservation systems, in order to ensure transparent terms of competition and to protect consumers’ interests.
Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89.
This Regulation aims to establish a harmonised code of conduct regarding the use of computerised reservation systems in order to ensure fair competition and to protect consumers’ rights.
This Regulation shall apply to:
- any computerised reservation system (CRS) * used or offered for use in the Community for air transport services;
- rail-transport products * used or offered for use in the Community and which are incorporated alongside air-transport products into the principal display of a CRS.
RULES OF CONDUCT FOR SYSTEM VENDORS
Relationship with transport providers
A system vendor * may not:
- impose unfair or discriminatory conditions in contracts concluded with participating carriers or their subscribers;
- prevent a participating carrier from using other reservation systems.
All system vendors shall apply the same treatment to all participating carriers with regard to distributing their transport products and shall inform them of changes to their distribution facilities or loading procedures. Furthermore, a system vendor shall ensure that its distribution facilities * are clearly separated from the management and marketing facilities of participating carriers.
The presentation of data related to the transport products offered shall not mislead the consumer.
Flights operated by air carriers banned from operating in the Community shall be displayed in a clear and distinctive manner. The system vendor shall enable users to clearly identify the operating air carrier.
System vendors from third countries have an obligation to treat Community carriers in a manner that is equivalent to their treatment of national carriers. The Commission shall ensure that in third countries, Community air carriers are not treated in a discriminatory manner by system vendors. Should this be the case, the Commission may require system vendors operating in the Community to treat air carriers from third countries in a similar manner.
RULES OF CONDUCT FOR TRANSPORT PROVIDERS
Participating carriers shall submit accurate data to a CRS in such as way as to enable it to comply with the rules on displaying data.
A parent carrier, subject to reciprocity, shall not discriminate against a competing CRS by refusing, for example, to provide the latter with the same information on its own transport products that it provides to its own CRS.
A parent carrier shall not directly or indirectly favour its own CRS by obliging a subscriber to use a particular CRS to sell its transport products.
PROTECTION OF PERSONAL DATA
All system vendors shall be responsible for processing personal data. Personal data shall only be processed for the purpose of making reservations or issuing tickets for transport products.
System vendors shall submit an independently audited report every four years or upon request from the Commission.
INFRINGEMENTS AND PENALTIES
Where the Commission finds that there is an infringement of this Regulation, it may require the undertakings or associations of undertakings concerned to bring such an infringement to an end and impose on the latter fines not exceeding 10 % of the total turnover. The Commission shall first issue to the undertakings or associations of undertakings concerned a statement of objections.
This Regulation repeals Regulation (EEC)n° 2299/89.
|Act||Entry into force||Deadline for transposition in the Member States||Official Journal|
Regulation (EC) No 80/2009
OJ L 35 of 4.2.2009