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Cap. 434 · cap/434 (Cap. 434)

Cap. 434 ст. 11Distribution of facilities.

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(1) A system vendor shall make any of the distribution facilities of a computerized reservation system available to any subscriber on a non-discriminatory basis.

(2) A system vendor shall not require a subscriber to sign an exclusive contract, nor directly or indirectly prevent a subscriber from subscribing to, or using, any other system or systems.

(3) A service enhancement offered to any one subscriber shall be offered by the system vendor to all subscribers on a non-discriminatory basis.

(4) (a) A system vendor shall not attach unreasonable conditions to any subscriber contract allowing for the use of its computerized reservation system and, in particular, a subscriber may terminate its contract with a system vendor by giving such notice, as may be stipulated, for the contract to expire. In such a case, a system vendor shall not be entitled to recover more than the costs directly related to the termination of the contract: Provided that no notice of more than three months may be stipulated, and that the provisions of this paragraph shall not apply if the contract is terminated before the first year of the contract:

Provided further that a subscriber may give a longer notice than that stipulated.

(b) Subject to the provisions of subarticle (2), the supply of technical equipment by the system vendor shall not be subject to any of the conditions set out in paragraph (a).

(5) A system vendor shall, in each subscriber contract, make provision for -

(a) the principal display, in conformity with article 7, to be accessed for each individual transaction, except where a consumer requests information for only one air carrier or where the consumer requests information only for bundled air transport products; and

(b) the subscriber not to manipulate material supplied by computerized reservation systems in a manner which would lead to inaccurate, misleading or discriminatory presentation of information to consumers.

(6) A system vendor may not impose an obligation on a subscriber to accept an offer of technical equipment or software, but may require that equipment and software used be compatible display is required to meet a preference indicated by a consumer.

(b) No subscriber shall manipulate information provided by a computerized reservation system in a manner that leads to inaccurate, misleading or discriminatory presentation of that information to any consumer.

(c) A subscriber shall make reservations and issue tickets in accordance with the information contained in the computerized reservation system used, or as authorised by the carrier concerned.

(d) A subscriber shall inform every consumer of any en route changes of equipment, the number of scheduled en route stops, the identity of the air carrier actually operating the flight, and of any changes of airport required in any itinerary provided, to the extent that that information is present in the computerized reservation system. The subscriber shall inform the consumer of the name and address of the system vendor, the purposes of the processing, the duration of the retention of individual data and the means available to the consumer to exercise his access rights.

(e) A consumer shall be entitled at any time to have a print-out of the computerized reservation system display or to be given access to a parallel computerized reservation system display reflecting the image that is being displayed to the subscriber.

(f) A person shall be entitled to have effective access, free of charge, to his own data regardless of whether the data is stored by the computerized reservation system or by the subscriber.

(2) A subscriber shall use the distribution facilities of a computerized reservation system in accordance with the Second Schedule.