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Document 02009R0080-20240519
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 (Text with EEA relevance)Text with EEA relevance
Consolidated text: 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 (Text with EEA relevance)Text with EEA relevance
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 (Text with EEA relevance)Text with EEA relevance
02009R0080 — EN — 19.05.2024 — 001.001
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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 (OJ L 035 4.2.2009, p. 47) |
Amended by:
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REGULATION (EU) 2024/1230 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 April 2024 |
L 1230 |
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29.4.2024 |
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
(Text with EEA relevance)
SECTION 1
INTRODUCTORY PROVISIONS
Article 1
Subject matter and scope
This Regulation shall apply to any computerised reservation system (CRS), in so far as it contains air-transport products, when offered for use or used in the Community.
This Regulation shall also apply to rail-transport products, which are incorporated alongside air-transport products into the principal display of a CRS when offered for use or used in the Community.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
‘transport product’ means the carriage of a passenger between two airports or rail stations;
‘scheduled air service’ means a series of flights possessing all the following characteristics:
on each flight seats and/or capacity to transport cargo and/or mail are available for individual purchase by the public (either directly from the air carrier or from its authorised agents);
it is operated so as to serve traffic between the same two or more airports, either:
‘fares’ means the prices to be paid by passengers to air carriers, rail-transport operators, their agents or other ticket sellers for the carriage of those passengers on transport services and any conditions under which those prices apply, including remuneration and conditions offered to agency and other auxiliary services;
‘computerised reservation system’ or ‘CRS’ means a computerised system containing information about, inter alia, schedules, availability and fares, of more than one air carrier, with or without facilities to make reservations or issue tickets, to the extent that some or all of these services are made available to subscribers;
‘system vendor’ means any entity and its affiliates which is or are responsible for the operation or marketing of a CRS;
‘distribution facilities’ means facilities provided by a system vendor for the provision of information about air carriers’ and rail-transport operators’ schedules, availability, fares and related services and for making reservations and/or issuing tickets, and for any other related services;
‘parent carrier’ means any air carrier or rail-transport operator which directly or indirectly, alone or jointly with others, controls, or participates in the capital with rights or representation on the board of directors, supervisory board or any other governing body of, a system vendor, as well as any air carrier or rail-transport operator which it controls;
‘participation in the capital with rights or representation on the board of directors, supervisory board or any other governing body of a system vendor’ means an investment to which are attached rights or representation on the board of directors, supervisory board or any other governing body of a system vendor, and conferring the possibility of exercising, alone or jointly with others, decisive influence on the running of the business of the system vendor;
‘control’ means a relationship constituted by rights, contracts or any other means which, either separately or in combination and having regard to the considerations of fact or law involved, confer the possibility of exercising decisive influence on an undertaking, in particular by:
ownership or the right to use all or part of the assets of an undertaking;
rights or contracts which confer a decisive influence on the composition, voting or decisions of the organs of an undertaking;
‘participating carrier’ means an air carrier or rail-transport operator which has an agreement with a system vendor for the distribution of transport products through a CRS;
‘subscriber’ means a person or an undertaking, other than a participating carrier, using a CRS under contract with a system vendor with the purpose of making reservations of air-transport and related products on behalf of a client;
‘principal display’ means a comprehensive neutral display of data concerning transport services between city-pairs, within a specified time period;
‘ticket’ means a valid document giving entitlement to transport, or an equivalent in paperless form, issued or authorised by the air carrier, rail-transport operator or an authorised agent;
‘bundled product’ means a prearranged combination of transport with other services not ancillary to transport and offered at an inclusive price;
‘booking fee’ means the price to be paid by air carriers to system vendors for the services provided by the CRS.
SECTION 2
RULES OF CONDUCT FOR SYSTEM VENDORS
Article 3
Relationship with transport providers
A system vendor shall not:
attach unfair and/or unjustified conditions to any contract with a participating carrier or require the acceptance of supplementary conditions which, by their nature or according to commercial usage, have no connection with participation in its CRS;
make it a condition of participation in its CRS that a participating carrier may not at the same time be a participant in another system or that a participating carrier may not freely use alternative reservation systems such as its own Internet booking system and call centres.
Article 4
Distribution facilities
Article 5
Displays
Article 6
Relationship with subscribers
Article 7
Marketing Information Data Tapes ('MIDT')
Article 8
Equivalent treatment in third countries
SECTION 3
RULES OF CONDUCT FOR TRANSPORT PROVIDERS
Article 9
Data provided by participating carriers
Participating carriers, and intermediaries handling the data, shall ensure that the data which they submit to a CRS are accurate and that the data allow the system vendor to respect the rules set out in Annex I.
Article 10
Specific rules for parent carriers
SECTION 4
PROTECTION OF PERSONAL DATA
Article 11
Processing, access and storage of personal data
SECTION 5
AUDIT
Article 12
The Commission may request any system vendor to submit an independently audited report detailing the ownership structure and governance model. Costs related to the audited report shall be borne by the system vendor.
SECTION 6
INFRINGEMENTS AND PENALTIES
Article 13
Infringements
Where the Commission, acting on a complaint or on its own initiative, finds that there is an infringement of this Regulation, it may by decision require the undertakings or associations of undertakings concerned to bring such an infringement to an end. Investigations regarding possible infringements of this Regulation shall fully take into account the results of any inquiry under Articles 81 and 82 of the Treaty.
Article 14
Powers of investigation
In order to carry out the duties assigned to it by this Regulation, the Commission may, by simple request or decision, require undertakings or associations of undertakings to provide all necessary information, including the provision of specific audits notably on issues covered by Articles 4, 7, 10 and 11.
Article 15
Fines
Article 16
Procedures
The Commission shall not disclose information of the kind covered by the obligation of professional secrecy which it has obtained pursuant to this Regulation.
Any person who submits information to the Commission under this Regulation shall clearly identify any material which it considers to be confidential, giving reasons, and provide a separate non-confidential version by the date set by the Commission.
Where the Commission considers that on the basis of the information in its possession there are insufficient grounds for acting on a complaint, it shall inform the complainant of its reasons and set a time limit within which the complainant may make known its views in writing.
If the complainant makes known its views within the time limit set by the Commission and the written submissions made by the complainant do not lead to a different assessment of the complaint, the Commission shall reject the complaint by decision. If the complainant fails to make known its views within the time limit set by the Commission, the complaint shall be deemed to have been withdrawn.
Where the Commission issues a statement of objections, it shall provide the complainant with a copy of the non-confidential version and set a time limit within which the complainant may make known its views in writing.
SECTION 7
FINAL PROVISIONS
Article 17
Repeal
Article 18
Review
Article 19
Entry into force
This Regulation shall enter into force on 29 March 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
RULES APPLICABLE TO PRINCIPAL DISPLAYS
1. |
Where prices are shown in the principal display, and/or where a ranking based on prices is chosen, prices shall be inclusive of the fares and of all applicable taxes, charges, surcharges and fees to be paid to the air carrier or rail-transport operator, and which are unavoidable and foreseeable at the time when shown on the display. |
2. |
No discrimination on the basis of airports or rail stations serving the same city shall be exercised in constructing and selecting transport products for a given city-pair for inclusion in a principal display. |
3. |
Flights other than scheduled air services must be clearly identified. A consumer shall be entitled to have, on request, a principal display limited to scheduled or non-scheduled services only. |
4. |
Flights involving stops en route must be clearly identified. |
5. |
Where flights are operated by an air carrier which is not the air carrier identified by the carrier designator code, the actual operator of the flight must be clearly identified. That requirement will apply in all cases, except for short-term ad hoc arrangements. |
6. |
Information on bundled products shall not be featured in the principal display. |
7. |
At the choice of the subscriber, travel options in the principal display shall be ranked either by fares or in the following order:
(i)
non-stop travel options ranked by departure time;
(ii)
all other travel options ranked by elapsed journey time. |
8. |
Except as provided in point 10, no travel option may be featured more than once in any principal display. |
9. |
Where travel options are ranked in accordance with point 7(i) and (ii), and where train services for the same city-pair are offered on the CRS, at least the best ranked train service or air-rail service shall be featured on the first screen of the principal display. |
10. |
Where air carriers operate under code-share arrangements, each of the air carriers concerned — not more than two — shall be allowed to have a separate display using its individual carrier-designator code. Where more than two air carriers are involved, the designation of the two carriers shall be a matter for the carrier actually operating the flight. |
ANNEX II
CORRELATION TABLE
Regulation (EEC) No 2299/89 |
This Regulation |
Article 1 |
Article 1 |
Article 2 |
Article 2 |
Article 3(1) and (2) |
— |
Article 3(3) |
Article 3(1) |
Article 3(4) |
Article 4(1) |
Article 3a |
Article 10(1) and (3) |
Article 4(1) |
Article 9 |
Article 4(2) |
— |
Article 4(3) |
Article 3(2) |
Article 4a(1) and (2) |
Article 4(1) |
Article 4a(3) |
Article 4(2) |
Article 4a(4) |
— |
Article 5 |
Article 5 |
Article 6 |
Articles 7 and 11 |
Article 7 |
Article 8 |
Article 8 |
Article 10(4) and (5) |
Article 9 |
Article 6 |
Article 9a |
Articles 5(2) and 11 |
Article 10 |
— |
Article 11 |
Article 13 |
Article 12 |
Article 14 |
Article 13 |
Article 14 |
Article 14 |
Article 16(2) |
Article 15 |
Article 14 |
Article 16 |
Article 15(1) to (4) |
Article 17 |
Article 15(5) |
Article 18 |
— |
Article 19 |
Article 16(1) and (5) |
Article 20 |
— |
Article 21 |
— |
Article 21a |
— |
Article 21b |
— |
Article 22 |
Article 11 |
Article 23 |
Article 18 |
Annex I |
Annex I |
( 1 ) OJ L 344, 27.12.2005, p. 15.