Terms and Conditions Agent Manager
1. Content of the Programme
Agent Manager is an online booking and information platform that Austrian Airlines AG (“Austrian Airlines” hereinafter) makes available to travel agencies for the purpAustrian Airlinese of selling Austrian Airlines flight tickets. Austrian Airlines makes Agent Manager available to travel agencies without levying a usage charge. The travel agent does not provide agency and booking services to Austrian Airlines but as a service provider exclusively to its client (customer). The agency and booking services as well as other outlays associated with the voluntary use of Agent Manager are therefore not reimbursed separately by Austrian Airlines in accordance with the current market situation.
2.1. Austrian Airlines 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 as much as their business operation is organised actively and on a continuing basis and who can present a trade certificate to demonstrate this, and which Austrian Airlines business operation is actively and continuously aimed at generating profit, i.e. among other things the sale of flight tickets to third parties. For this reason, persons who purchase flights predominantly for the purpAustrian Airlinese of their own use and other private persons or consumers are excluded from using Agent Manager. Austrian Airlines retains the right to examine the appropriate documentation (commercial register excerpt, trade certificate or similar).
2.1.2. All Austrian Airlines 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 Austrian Airlines. As a result, travel agencies receive an Austrian Airlines Travel Agency ID assigned by Austrian Airlines.
2.2. Start of Use
Following registration on the website, choose an username and password by the participant themselves (user access) are provided for the participant.
2.3. Registration of User Access
2.3.1. To use Agent Manager, the travel agency requires
- an Austrian Airlines Travel Agency ID (Austrian internal registration number which confirms that the travel agent is managed as such in the system.)
- a user access
2.3.2. Austrian Airlines will check the data of the travel agency and normally release the user access within three working days. The travel agency receives confirmation of the release of the user access through an email to the email address stored in the user profile.
2.3.3. The data requested by Austrian Airlines at registration are to be provided correctly and in full. If 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 a natural person with authorisation to represent, whAustrian Airlinese name must be provided.
2.3.4. Upon registration of the user access, these terms and conditions of use 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. 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 on telephone number +43 5-1766-1034 of the lAustrian Airliness of the username 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 username and password. If 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 an email to Agentmanager@austrian.com. Termination by Austrian Airlines is only pAustrian Airlinessible subject to a two week notice period unless the termination is made without notice for an 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 Austrian Airlines without previous notice is considered to exist 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 Austrian Airlines, such as protection from deceptive activities.
2.5.4. In the cases named in 2.5.3, Austrian Airlines 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 Austrian Airlines, including under other usernames, is inadmissible.
2.6. Duration of Use
2.6.1. The duration of use of the Agent Manager is fundamentally unrestricted, unless the programme is terminated (cf. Figure 2.7), the user access is locked by Austrian Airlines (cf. Figure 2.5), or the user access is terminated by the user (as in Figure 2.5).
2.6.2. If the travel agency has not logged onto the Agent Manager for six months, Austrian Airlines reserves the right to terminate the user access in accordance with Figure 2.5.1. following prior notification by email.
2.7. Programme Termination
Austrian Airlines reserves the right to terminate the Agent Manager following prior notification (at least two weeks). In this event, Austrian Airlines terminates the use of the Agent Manager in accordance with Figure 2.5.1.
3. Sales through the Agent Manager
3.1.1. Austrian Airlines provides the travel agency with the price and availability information (offers) on flights via the Agent Manager. These offers are non-binding until a booking has been created by the travel agency and confirmed by Austrian Airlines in accordance with Figure 3.7.1 or 3.7.2.
3.1.2. The offers show the Austrian Airlines ticket prices including taxes, charges and other surcharges. The travel agency is free to charge the customer for its services. If 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 Austrian Airlines.
3.2. No Presentation of Prices on Price Comparison Sites
Agent Manager prices may not be presented on price comparison sites 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 Austrian Airlines, there is the option to enter the Miles & More card number of the passenger in question.
3.4.1. Payment Types
22.214.171.124. Austrian Airlines 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
126.96.36.199. Payment by invoice: Austrian Airlines offers the option of payment by invoice once a credit check has produced a positive result.
3.4.2. Payment Handling
Austrian Airlines 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 Austrian Airlines.
3.5. Ticket Type
3.5.1. Ticket Type
Austrian Airlines issues an electronic ticket = etix®.
3.6. Booking Confirmation, Sales Tax Identification and Passenger Receipt
3.6.1. Booking Confirmation to the Travel Agency
Following every booking, Austrian Airlines sends an automatic booking confirmation by email to the email address of the travel agency provided in the booking.
3.6.2. Booking Confirmation to the Customer
188.8.131.52. On request, a booking confirmation is also sent to the customer if an email address is provided for the customer in the booking process.
184.108.40.206. If the travel agency does not enter an email address for the customer, Austrian Airlines works on the assumption that the travel agency wants to send the booking data to its customer by another means. Austrian Airlines recommends sending a printout of the pdf document that was sent to the travel agency.
3.6.3. Sales Tax Identification
220.127.116.11. Sales tax identification for domestic flights is either made by Austrian Airlines on the passenger receipt or by the credit card institute authorised to do this on the credit card bill.
18.104.22.168. Value added tax identification via the ticket price may not be made on the record of services of the travel agency.
3.6.4. Passenger Receipt
22.214.171.124. The passenger receipt serves as a passenger coupon and a receipt. The passenger receipt is only issued once by Austrian Airlines.
126.96.36.199. The passenger receipt can be printed at the time of check-in at the airport or at the time of online check-in for the first leg or online at austrian.com.
3.7. Ticket Issue
The tickets for the bookings which were created by the Agent Manager are issued centrally by Austrian Airlines.
4.1. Contacts for Rebooking
4.1.1. Flights booked via the Agent Manager can be rebooked by telephone. The customer can contact the Austrian Airlines Call Centre or an Austrian Airlines 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 Austrian Airlines. 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 Rebooking
4.2.1. If 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 for electronic tickets. As payment types, Austrian Airlines accepts the payment types specified in Point 3.5.1.
4.2.2. Passenger receipts with potential 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. If 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. If it does this, the travel agency shall make it clear to the customer that the charge is not a component part of the Austrian Airlines fare or a rebooking charge of Austrian Airlines.
5. Cancellation and Refunds
5.1.1. Cancellations of journeys booked via the Agent Manager can be cancelled directly before the ticket issue.
5.1.2. The travel agency is free to charge a fee to the customer for its services provided in association with cancellations. If the travel agency charges a fee, the travel agency shall make it clear to its customer that the charge is not a component part of the transportation fare of Austrian Airlines or a charge for the processing of the refund of Austrian Airlines.
5.2.1. Contacts for Refunds
188.8.131.52. Refunds of tickets already issued which have been booked via the Agent Manager can be made via Austrian Airlines. The customer can contact any Austrian Airlines Reservations Office directly to do this. If the ticket has been paid for with a credit card, the refund is credited to the credit card used.
184.108.40.206. 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.
220.127.116.11. The travel agency is free to charge a fee to the customer for its services provided in association with the refunding of a charge. If the travel agency does charge a fee, the travel agency shall make it clear to its customer that the charge is not a component part of the transportation fare of Austrian Airlines or a charge by Austrian Airlines for the cost of the refund.
5.2.2. Passenger Receipt Requirement
18.104.22.168. Austrian Airlines must claim back an already issued passenger receipt in the event of a refund.
22.214.171.124. Austrian Airlines must claim back the unused coupons, including the passenger receipt, to refund a paper ticket.
5.2.3. Credit Card/Invoice Account/Cash Payment
Austrian Airlines refunds all refundable amounts onto the credit card used to pay for the ticket on which the refund is based.
If the ticket has been paid for via an invoice account, Austrian Airlines instigates a credit onto this account.
If the ticket has been paid for in cash, Austrian Airlines instigates a cash payment.
6. Flight Schedule Changes
6.1. Information on Flight Schedule Changes
6.1.1. If, due to changes in the schedule, Austrian Airlines makes a rebooking or changes to the departure and arrival times of a booked journey, the information concerning these changes shall be provided by email or by telephone.
6.1.2. If no customer email address has been provided with the booking, only the travel agency receives an email notification. Austrian Airlines works on the assumption that, in this event, the travel agency wants to inform its customer.
6.1.3. If the travel agency is unwilling or unable to inform its customer, it is possible for the travel agency to forward the email to the Austrian Airlines email address while providing a customer contact (email or telephone number). Austrian Airlines 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 the Agent Manager that could disrupt the functioning of the 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 the Agent Manager.
7.3. Without the prior consent of Austrian Airlines, 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, Austrian Airlines is only liable for claims if and to the extent that Austrian Airlines, its legal representatives, managerial employees or other auxiliary persons are charged with intent or gross negligence.
7.5. Inasmuch as Austrian Airlines is liable, the liability of Austrian Airlines 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 at the amount of the damage foreseeable and typical to occur.
7.6. Austrian Airlines is not liable for the replacement of indirect damage, in particular loss of earnings, unless there is intent or gross negligence on the part of the legal representatives, managerial employees or other auxiliary persons of Austrian Airlines.
7.7. Neither Austrian Airlines 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. Austrian Airlines 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 Austrian Airlines for issuing the tickets booked via the Agent Manager. Austrian Airlines reserves the right to unilaterally change the level of the service charge at any time.
9.1. Austrian Airlines 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 the 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 the 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 the Agent Manager by the travel agency.
10.1. Data protection
The personal and company-related data associated with the use are processed and used in accordance with the valid legal data protection regulations and in accordance with the Austrian Airlines privacy notice and used for purpos that serve the use of the platform. This processing includes forwarding the data to companies associated with Austrian Airlines 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 Austrian Airlines website being stored.
10.2. Changes/Additions to the Terms and Conditions of Use
10.2.1. Austrian Airlines reserves the right to make changes or additions to the terms and conditions of use and procedures described for the Agent Manager at any time.
10.2.2. Changes or additions to the terms and conditions of use are displayed on the homepage of the website www.agentmanager.at. They count as having been authorised if a travel agency continues to make bookings on the internet pages of the platform. If a travel agency contradicts the change or addition, its use can be terminated 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
If individual conditions of these terms and conditions of use partly or wholly contradict the valid cooperation agreement between Austrian Airlines and the travel agency, the conditions of the cooperation agreement have priority over these terms and conditions of use.
The prerequisite for participation in the Agent Manager is a valid cooperation agreement between the agency and Austrian Airlines.
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 Austrian Airlines and the travel agency to enable Austrian Airlines 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).