32009R0080

WHAT IS THE AIM OF THE REGULATION?

• The regulation sets out a harmonised code of conduct on the use of computerised reservation systems (CRS) to ensure fair competition and the protection of consumers’ rights.
• It applies to air transport (and to rail transport when this is combined with a flight).

KEY POINTS

• System vendors¹ must not:
  • impose any unfair or unjustified conditions on airlines or on their own subscribers;
  • prevent an airline from using other reservation systems, including its own internet booking service and call centres;
  • reserve any specific loading or processing procedures for one or more participating carriers.
• System vendors must:
  • load and process data provided by airlines with equal care and timeliness;
  • publicly disclose the extent of a direct or indirect capital holding they have in an airline or vice versa;
  • provide a principal display for each individual transaction through its computerised reservation system;
  • clearly identify in the display any airlines that are banned from flying within the EU;
  • process personal data only for the purposes (making a reservation or issuing a ticket) for which they were given;
  • upon request from the European Commission, submit an independently audited report on their ownership structure and governance model.
• System vendors may make available marketing, booking and sales data, provided these are offered on a non-discriminatory basis to all participating carriers and do not identify the customer.
• If system vendors in a non-EU country discriminate against EU carriers, the Commission may require vendors operating in the EU to apply the same treatment to that country’s airlines.
• The Commission may impose fines not exceeding 10% of the previous year’s total turnover on companies which intentionally or negligently fail to comply with the legislation.

In 2009, the Commission adopted an explanatory note explaining how it interprets the concept of a ‘parent carrier’ which may be able to have a decisive influence on the running of the system vendor’s business.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 29 March 2009.

KEY TERMS

1. System vendor. Any body and its affiliates responsible for operating or marketing a computerised reservation system.

MAIN DOCUMENT

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 35, 4.2.2009, pp. 47–55).

Successive amendments to Regulation (EC) No 80/2009 have been incorporated into the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Explanatory note with regard to the definition of a parent carrier in Regulation (EC) No 80/2009 of the European Parliament and of the Council on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89 (OJ C 53, 6.3.2009, pp. 4–6).