1. Content of the Programme
Agent Manager is an online booking and information platform that Austrian Airlines AG ("OS" in the following text) makes available to Travel Agencies for the purpose of the sale of Austrian Airlines flight tickets. OS makes Agent Manager available to Travel Agencies without levying a usage charge. Travel agencies render agency and booking payments when using the system not to OS but, as the service provider, exclusively to the principal (customer). Agency and booking payments and other expenses associated with voluntary use of Agent Manager are therefore not paid separately by OS in line with the current market situation.
2.1. Those Entitled to Use the System
2.1.1. The following are entitled to use the system:
All companies operating a Travel Agency in Austria and able to present a commercial register excerpt to demonstrate this, or other independent persons operating a travel agency in Austria, inasmuch as their business operation is organised actively and on a continuing basis and can present a trade certificate to demonstrate this and whose business operation is oriented actively and on a continuing basis with the intention of the achievement of profit, i.e. the sale of flight tickets to third parties. For this reason, persons who purchase flights overwhelmingly for the purpose of own use and other private persons or consumers are excluded from using Agent Manager. OS retains the right to examine the appropriate documentation (commercial register excerpt, trade certificate or similar).
2.1.2. All those entitled to use the system are to be described in the following text as the "Travel Agency".
2.1.3. All Travel Agencies must be managed in a database at OS. As a result, Travel Agencies receive an OS Travel Agency ID assigned by OS which functions as a user name for user access.
2.2. Beginning of Use
Following registration in the internet, a user name and a password chosen by the participant itself (user access) are provided for the participant.
2.3. Registration of User Access
2.3.1. The Travel Agency requires the following to use Agent Manager:
- a signed cooperation agreement with OS in which its OS Travel Agency ID (OS internal registration number) is given and
- a user access
2.3.2. If the Travel Agency uses an OS Travel Agency ID, the user access for OS Agent Manager can be placed at the registration page of www.Agentmanager.at using the "Register now" link. OS will check the data of the Travel Agency and normally release the user access within 2 working days. The Travel Agency receives confirmation of the release of the user access through an e-mail to the e-mail address stored in the user profile.
2.3.3. The data requested by OS at registration are to be provided in full and correctly. In the event that the data provided change after registration, the Travel Agency itself is obliged to correct the details in question. Registration of user access by a legal person may only be carried out by natural person with authorisation to represent, whose name must be provided.
2.3.4. Upon registration of the user access, these Terms and Conditions of User are accepted. A claim for authorisation for use does not exist.
2.4. Use of the User Access/Loss of User Name and Password
2.4.1. Upon registration, the Travel Agency issues a password for identification. In order to avoid misuse, it must ensure that no unauthorised third party becomes aware of the password.
2.4.2. The Travel Agency is required to change its password at regular intervals, and is also obliged to change its password immediately if an employee leaves the company.
2.4.3. The password must be changed immediately if there is any suspicion of misuse.
2.4.4. Austrian Leisure Sales must be immediately notified via the telephone number 05-1766-1034 of the loss of the user name and password or if there is a suspicion that unauthorised third parties may have gained knowledge thereof.
2.4.5. The Travel Agency is fundamentally liable for any activities undertaken while using the user name and password. In the event that the Travel Agency is not responsible for the misuse of its user access, it is not liable.
2.5. Termination of User Access
2.5.1. The Travel Agency can terminate its user access at any time and without observance of a termination deadline by sending a mail to Agentmanager@austrian.com. Termination by OS is only possible subject to observance of a period of two weeks unless the termination is made without previous notice with important reason.
2.5.2. The Travel Agency is obliged to terminate the user access immediately if it permanently ceases commercial trading.
2.5.3. An important reason for termination by OS without previous notice is considered to exist in particular if concrete indications of a grave or repeated breach of the Terms and Conditions of Use exist or a comparable interest exists on the part of OS such as protection from deceptive activities.
2.5.4. In the cases named in 2.5.3, OS also has the authority to lock the user access. The authority to lock already exists where there is objective reason to suspect that an important reason exists, and for a period necessary to carry out a reasonable examination of the facts. The Travel Agency may not submit claims due to a user lock such as this.
2.5.5. Another registration of a user access following termination by OS, including under other user names, is inadmissible.
2.6. Duration of Use
2.6.1. Duration of use of Agent Manager is fundamentally unrestricted, unless the programme is terminated (cf. Figure 2.7), the user access is locked by OS (cf. Figure 2.5), or the user access is terminated by the user (as in Figure 2.5).
2.6.2. In the event that the Travel Agency has not logged onto Agent Manager for 6 months, OS reserves the right to terminate the user access in accordance with Figure
2.5.1. following prior notification by e-mail.
2.7. Programme Termination
OS reserves the right to terminate Agent Manager following prior notification (at least 2 weeks). In this event, OS terminates the use of Agent Managers in accordance with Figure 2.5.1.
3. Sales through Agent Manager
3.1.1. OS provides the Travel Agency with the price and availability information of OS about flights (offers) via Agent Manager. These offers are non-binding until a booking has been created by the Travel Agency and confirmed by OS in accordance with Figure 3.7.1 or 3.7.2.
3.1.2. The offers show the OS ticket prices including taxes, charges and other surcharges. The Travel Agency is free to charge the customer for its services. In the event that the Travel Agency levies a charge, the Travel Agency must make clear to its customer that the charge is not a component part of the transportation fare of OS.
3.2. No Presentation of Prices on Price Comparison Pages
Agent Manager prices may not be presented on price comparison pages with the possibility of checking availability.
3.3.1. When booking a flight, the Travel Agency selects the available flights and prices applicable for the selected flights, and adds the passenger data to these.
3.3.2. Name changes may not be made after the booking has been created.
3.3.3. To earn automatic mileage credit with Miles & More or the frequent flyer programme of a partner airline of OS, the option exists to enter the Miles & More card number of the passenger in question.
3.4.1. Payment Types
220.127.116.11. OS offers the option to pay using the following credit cards:
- Airplus Austrian Diners Club
- Airplus / UATP
- American Express
- Diners Club
- Japanese Credit Bureau
- Master Card
18.104.22.168. Cash payment
Cash payments may be made via the non-IATA Service Team at Hegelgasse 21, 1010 Vienna or at a ticket counter in the Austrian federal provinces.
22.214.171.124. Payment by invoice
OS offers the option of payment by invoice once a credit check has produced a positive result.
3.4.2. Payment Handling
OS handles the payment directly with the agent.
3.4.3. Increase of Charges
The Travel Agency is aware that increases in charges of any kind (e.g. airport charges, other official charges) and of the kerosene surcharge that takes place between the time of booking and the issuing of the ticket is to be charged to the Travel Agency and paid by the Travel Agency to OS.
3.5. Ticket Type and Postal Dispatch
3.5.1. Ticket Type: etix®
If technically possible for the journey being booked, OS issues an electronic ticket (etix®) for the passenger. Issuing of a paper ticket is not necessary in this case.
3.5.2. Ticket Dispatch of a Paper Ticket
In the event that it is not possible to issue an electronic ticket for the journey booked, OS dispatches a paper ticket by post to the Travel Agency. Collection by the Travel Agency itself from the OS Office or a ticket counter in the Austrian federal provinces is also possible. If the ticket is dispatched by post to the Travel Agency, the Travel Agency is responsible for its delivery on time to the passenger.
3.5.3. Ticket Loss
OS accepts no liability between the Travel Agency and the customer for ticket losses or delays in the issuing of tickets. In the event of significant damage to or loss of a ticket or part of the ticket, or non-presentation of the same with the passenger coupon contained therein and all unused flight coupons, OS can on request by the Travel Agency or customer replace such a ticket wholly or in part without renewed payment of the flight price but subject to payment of a charge determined by OS if proof is provided that the ticket for the transportation in question was properly issued. OS can also require that the Travel Agency or customer pay the flight price for the replacement ticket in the form required by OS in the event that and inasmuch as the lost ticket or flight coupon that has been lost is paid in by somebody else for the purpose of transportation or refunding. OS will not demand any refunding for losses in cases where the loss is the fault of OS. In the event that proof of the loss is not furnished or both the Travel Agency and the customer refuse to sign the statement of obligation, the airline issuing the replacement ticket can demand payment for this up to the full flight price. This is refunded if the airline that issued the original ticket has arrived at the conclusion that the lost or damaged ticket has not been flown out before expiry of its validity. If the Travel Agency or the customer finds the original ticket again and submits this to the company issuing the ticket before expiry of validity, the replacement ticket is immediately refunded.
3.6. Booking Confirmation, Sales Tax Identification and Passenger Receipt
3.6.1. Booking Confirmation to the Travel Agency
Following every booking, OS sends an automatic booking confirmation by e-mail to the e-mail address of the Travel Agency provided in the booking.
3.6.2. Booking Confirmation to the Customer
126.96.36.199. On request, a booking confirmation is also sent to the customer if an e-mail is provided for the customer in the booking process.
188.8.131.52. If the Travel Agency does not enter an e-mail address for the customer, OS works on the assumption that the Travel Agency wants to send the booking data to its customer by another means. OS recommends a printout of the pdf document is sent to the Travel Agency to do this.
3.6.3. Sales Tax Identification
184.108.40.206. Sales tax identification for domestic flights is either by OS on the Passenger Receipt or by the credit card institute authorised to do this, on the credit card bill.
220.127.116.11. Sales tax identification via the ticket price may not be made on the record of services of the travel agency.
3.6.4. Passenger Receipt
18.104.22.168. The Passenger Receipt serves as a passenger coupon and a receipt. The Passenger Receipt is only issued once by OS.
22.214.171.124. With paper tickets, OS delivers the Passenger Receipt together with the flight coupons.
126.96.36.199. With etix® tickets, the Passenger Receipt is printed on request at the time the ticket is issued and delivered to the travel agency. The Travel Agency sends the Passenger Receipt to the passengers.
188.8.131.52. If the Passenger Receipt is not printed in the event that an etix ticket is issued, OS issues a Passenger Receipt at the time of check-in at the airport or the time of online web check-in for the first leg of the flight.
3.7. Ticket Issue
Tickets for bookings issued via Agent Manager are issued centrally by OS and posted if necessary.
4.1. Contacts for Rebookings
4.1.1. Flights booked via Agent Manager can be rebooked by telephone. The customer can contact the OS Call Center or an OS ticket desk directly to do this.
4.1.2. If the Travel Agency wants to rebook a ticket for a customer, it can contact Agency Support at OS. Rebooking by the Travel Agency for its customer presumes that the customer has consented to the Travel Agency doing this and being charged any additional payments arising as a result of the rebooking (cf. Figure 4.2).
4.2. Additional Payments in Rebookings
4.2.1. In the event that additional costs arise due to a rebooking such as rebooking charges or fare increases, these costs become due and are charged immediately at the time of rebooking with electronic tickets. As payment types, OS accepts the payment types named in Point 3.5.1.
4.2.2. Passenger Receipts with possible sales tax identification for additional payments made are usually printed out in the next check-in process and delivered to the passenger.
4.2.3. In the event that the Travel Agency provides the customer with any advisory services due to rebooking, the Travel Agency is free to charge that customer a service charge. In the event that it does this, the Travel Agency shall make it clear to the customer that the charge is not a component part of the OS fare or a rebooking charge of OS.
5. Cancellations and Refunds
5.1.1. Journeys booked via Agent Manager can be cancelled directly before the ticket issue.
5.1.2. The Travel Agency is free to calculate charges to the customer for its services provided in association with cancellations. In the event that the Travel Agency calculates a charge, the Travel Agency shall make it clear to its customer that the charge is not a component part of the transportation fare of OS or a charge for the processing of the refund of OS.
5.2.1. Contacts for Refunds
184.108.40.206. Refunds of tickets already issued been booked via Agent Manager can be made via OS. The customer can contact any OS Reservations Office directly to do this. In the event that the ticket has been paid for with a credit card, the refund is credited to the credit card used.
220.127.116.11. If the Travel Agency wants to make a ticket refund to a customer, Austrian Agency Support is available for use by all Travel Agencies. A refund by the Travel Agency to a customer presumes that the customer has consented to the Travel Agency doing this and to the charging of any costs incurred due to the refund in accordance with the fare conditions.
18.104.22.168. The Travel Agency is free to calculate a charge to the customer for its services provided in association with the refunding of a charge. If the Travel Agency does calculate a charge, the Travel Agency shall make it clear to its customer that the charge is not a component part of the transportation fare of OS or a charge by OS for the cost of the refund.
5.2.2. Passenger Receipt Requirement
22.214.171.124. OS must claim back an already issued Passenger Receipt in the event of a refund.
126.96.36.199. OS must claim back the unused coupons, including the Passenger Receipt, to refund a paper ticket.
5.2.3. Credit Card/Invoice Account/Cash Payment
OS refunds all refundable amounts onto the credit card with which the ticket on which the refund is based has been paid for.
If the ticket has been paid for via an invoice account, OS instigates a credit onto this account.
If the ticket has been paid for in cash, OS instigates a cash payment.
6. Schedule Changes
6.1. Information on schedule changes
6.1.1. In the event that OS makes rebookings or changes to the departure and arrival times of a booked journey due to changes in the schedule, information about these changes shall be provided by e-mail or by telephone.
6.1.2. In the event that no customer e-mail address has been provided with the booking, only the Travel Agency receives an e-mail notification. OS works on the assumption that, in this event, the Travel Agency wants to inform its customer.
6.1.3. In the event that the Travel Agency does not want or is unable to inform its customer, it is possible for the Travel Agency to forward the e-mail to the OS e-mail address while providing a customer contact (e-mail or telephone number). OS will then inform the customer of the changes.
7.1. Travel Agencies may not use any software, mechanisms or other scripts connected with the use of Agent Manager that could disrupt the functioning of Agent Manager. Content may neither be blocked, overwritten nor altered.
7.2. Travel Agencies may not resort to any measures that could result in unacceptable or excessive strain upon Agent Manager.
7.3. Without the prior consent of OS, content presented on the Agent Manager website may not be copied, dispersed, used or duplicated in any other way. This also applies to copying using ‘robot/crawler’ search engine technologies or through other automatic mechanisms.
7.4. Other than due to breaches of fundamental contractual obligations, OS is only liable for claims if and to the extent that OS, its legal representatives, managerial employees or other auxiliary persons are charged with premeditation or gross negligence.
7.5. Inasmuch as OS is liable, the liability of OS is restricted, in the event of mildly negligent breaches of fundamental contractual obligations, to damage to property and assets that can be traced back to breaches of contractual obligations in the amount of predictable, typically occurring damage.
7.6. OS is not liable for the replacement of indirect damage, in particular loss of earnings, unless there is premeditation or gross negligence on the part of the legal representatives, managerial employees or other auxiliary persons of OS.
7.7. Neither OS nor the Travel Agency is responsible for non-performance or delays in performance as a result of force majeure, particularly in the form of natural disaster, strikes or organised labour disputes and warlike or terrorist activities. OS is liable for claims that could arise in this context due to flight cancellations, flight schedule changes or denied boarding in accordance with applicable legal regulations.
8. Ticket Service Charge
The Travel Agency is charged a ticket service charge by OS for issuing the tickets booked via Agent Manager in accordance with Annex 1 and 2 of the respective valid cooperation agreement between the Travel Agency and OS. OS reserves the right to unilaterally change the level of the service charge at any time, and is obliged to inform the contractual partner in writing of the change one month before the intended entry into force of the change.
9.1. OS and the Travel Agency are obliged to keep confidential any operational or commercial secrets of the respective other partner of which they become aware in connection with the use of Agent Manager by the Travel Agency, only to use these for the agreed purpose and to take any measures necessary to prevent their becoming known to, and being used by, third parties. This also applies to any personal customer data of which the parties become aware in connection with the use of Agent Manager.
9.2. The information to be kept confidential also includes data entered and stored in computer systems, technical, operational and commercial details and company documents such as operating instructions and user handbooks.
9.3. This obligation to confidentiality also applies after termination of the use of Agent Manager by the Travel Agency.
10.1. Data Protection
Data associated with persons and companies connected with use are processed in accordance with the valid legal data protection regulations and in accordance with the OS data protection instructions, and used for purposes serving the use of the platform. This processing includes forwarding the data to companies associated with OS and/or other third parties. The Travel Agency consents to the IP address of the Internet Service Provider from which the Travel Agency visits the OS website being stored.
10.2. Changes or Additions to the Terms and Conditions of Use
10.2.1. OS reserves the right to make changes or additions to the Terms and Conditions of Use and procedures described for Agent Manager at any time.
10.2.2. Changes or additions to the Terms and Conditions of Use are displayed on the website of www.Agentmanager.at. They count as having been authorised if a Travel Agency continues to make bookings on the internet pages of the platform. In the event that a Travel Agency contradicts the change or addition, its use can be terminated by notification in accordance with Figure 2.7 of the Terms and Conditions of Use.
The user access and rights arising out of this agreement are not transferable to third parties.
10.4. Priority of other Agreements
In the event that individual conditions of these Terms and Conditions of Use partly or wholly contradict the valid cooperation agreement between OS and the Travel Agency, the conditions of the cooperation agreement have priority over these Terms and Conditions of Use.
The prerequisite for participation in Agent Manager is a valid cooperation agreement between the Agency and OS.
10.6. Applicable Law, Place of Jurisdiction
10.6.1. All questions connected with the validity, interpretation or application of these Terms and Conditions of Use are to be clarified between OS and the Travel Agency to enable OS and the Travel Agency to reach an amicable solution.
10.6.2. This agreement is subject to Austrian law, with the exception of the reference norms of Austrian international private law (IPRG, EVÜ).
10.6.3. It is hereby agreed that the place of jurisdiction for all legal disputes arising as a result of these Terms and Conditions of Use is the objectively responsible Court for Central Vienna.