MARKET SPECIFIC INTERNATIONAL COMMISSION PROGRAM OFFER 3Q10 2Q11
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1 This program is available to select agencies. Agency must qualify own itineraries. Updated Feb. 11, 2011 MARKET SPECIFIC INTERNATIONAL COMMISSION PROGRAM OFFER 3Q10 2Q11 From all listed gateway markets in the U.S. to Trans-Atlantic (TATL) Commission rates for tickets issued prior to May 31, 2011 and departures on/before May 31, 2011 AN777* AF P F J C - D I/Z W/S/A Y B K H T V L Q N AN777* AZ J - D I P/A Y B M H K V T N ** AN777 KL J - C I/Z - Y/X B M K H L Q T V Commission Levels 5% 0% 10% 17% 17% 17% 16% 16% 17% 16% 16% 16% 2% 0% 0% 0% 0% * On AF (057) and AZ (055) tickets, this code must appear in the tour code box. ** AZ classes S/L/O/W/G Effective February 11, 2011 with departures on/after June 1, 2011 AN777 DL - - J C D S I - W - Y B - M H Q K L U T E AN777* AF P F J C D I Z W S A Y B M U K H L Q T N R AN777* AZ - - J - D - I Y B - M H K V T N ** - AN777 KL - - J C D I Z Y B M U K H L Q T N R Commission Levels 5% 0% 17% 17% 17% 16% 16% 16% 16% 16% 17% 16% 16% 16% 16% 2% 0% 0% 0% 0 % * On AF (057) and AZ (055) tickets, this code must appear in the tour code box. ** AZ classes S/L/O/W/G From all listed gateway markets in the U.S. to Trans-Pacific (TPAC) Commission rates for tickets issued prior to May 31, 2011 and departures on/before May 31, 2011 AN777* AF P F J C - D I/Z W/S/A Y B K H T V L Q N AN777 KL J - C I/Z - Y/X B M K H L Q T V Commission Levels 5% 0% 10% 20% 20% 20% 18% 18% 20% 18% 18% 18% 2% 0% 0% 0% 0% * On AF (057) tickets, this code must appear in the tour code box. AF is valid for PPT via LAX only; KL is valid for direct connection to/from TPE-BKK in conjunction with U.S./Canada itinerary. 0% From all listed gateway markets in the U.S. to Trans-Pacific (TPAC) 1
2 Effective February 11, 2011 with departures on/after June 1, 2011 AN777 DL - - J C D S I - W - Y B - M H Q K L U T E AN777* AF P F J C D I Z W S A Y B M U K H L Q T N R AN777 KL - - J C D I Z Y B M U K H L Q T N R Commission Levels 5% 0% 20% 20% 20% 18% 18% 18% 18% 18% 20% 18% 18% 18% 18% 2% 0% 0% 0% 0 % * On AF (057) tickets, this code must appear in the tour code box. AF is valid for PPT via LAX only; KL is valid for direct connection to/from TPE-BKK in conjunction with U.S./Canada itinerary. 0% From all listed gateway markets in the U.S. to Latin America/Mexico/Caribbean (LAC) Commission Levels % 17% 17% 16% 16% 17% 16% 16% 16% 2% 0% 0% 0% 0% GATEWAY MARKETS This program is valid for travel originating in each of the following 27 markets to TATL/TPAC/LAC: BOS BUR BWI DCA DEN DFW EWR FLL HOU IAD IAH JFK LAX LGA MDW MIA OAK ONT ORD PDX PHL PIT SAN SEA SFO SJC SNA Terms and Conditions A. 1. s: Air France/Alitalia/ Delta /KLM. For purposes of this exhibit, Air France refers to Société Air France, Alitalia refers to Alitalia Compagnia Aerea Italiana S.p.A, Delta refers to Delta Air Lines, Inc., KLM refers to KLM Royal Dutch Airlines, and OAL refers to all other airlines. 2. Pursuant to the provisions of Section C.9 below, Point of Sale Commission may be claimed at time of ticketing only on Air France-, Alitalia-, Delta-, KLM-marketed flights (AF/AZ/DL/KL code). 3. References to Alitalia and the AZ code apply solely to the trans-atlantic entity. B. Origin and Directionality 1. All itineraries must originate in the U.S. or Canada. C. Commission-Qualification Terms 1. s must be plated on Air France (057), Alitalia (055) or Delta (006) stock. 2. All Delta-plated tickets issued must contain the above-referenced ticket designator after the fare basis code. All Air France- and Alitalia-plated tickets must contain the 2
3 applicable ticket designator in the TOUR CODE box. 3. When ticketing a SkyBonus customer or applying an upgrade, SkyBonus company designator (e.g., ER*, ES*, US*, CA*, MX*, etc.) or upgrade designator (e.g., RD*, PU*, WF*, WM*, WU*, etc.), the designator must be placed in tour code box. This applies to Delta (006)-plated tickets only. 4. s must state Non-Endorsable Refundable by AF/AZ/DL-Issuing Agencies Only. 5. AL travel is permitted on the outbound sector provided that (a) the itinerary for roundtrip travel is issued on one (1) ticket, and (b) the ticket is validated on Delta/Air France/Alitalia ticket stock. In this case, commission is applicable to the return sector only. However, through fares that contain OAL space are not eligible for commissions. 6. s must be issued in the valid local currency of the itinerary point of origin. 7. Commissions will be calculated on published fares used from the above-listed fare classes. 8. Commissions must be calculated against base fare prior to any taxes, airport fees, customs user fees, passenger facility charges or other similar charges. Agency is responsible for adding all applicable surcharges, departure taxes, customs, fees or any other U.S. or non-u.s. tax to fares stated herein. For travel from the U.S., Q surcharges apply and are not required to be separated as a non-commissionable item. 9. Commission compensation must be taken at point of sale. Retroactive commission may not be claimed. 10. s refunded, exchanged or used on OAL are subject to commission recall. D. Exceptions 1. No commission may be taken pursuant to this Agreement for the following: Infant, child, student or military fares. Blocked group space. Published Round the World Fares. Negotiated fares/web fares, published fares appended with a ticket designator, or any other special pricing/commission programs. (Exception: Commission may be applied to web fares in the JFKLHR market only.) Split ticketing (i.e., conjuncting an exit-u.s./canada ticket with an exit-europe ticket to take advantage of currency and/or fare variations), is not allowed. s where the Delta Equity Card was used in whole or in part as the form of payment. E. Mileage Accrual 1. SkyMiles/Flying Blue/MilleMiglia mileage may be accrued subject to program regulations. F. Fare Restrictions 1. All published fare rules apply. 2. Economy-class fares that feature an automatic-upgrade option are commissionable at the applicable economy-class commission rate. 3. Fare breaks are commissionable when U.S. gateways are used as connecting points. When a fare is broken at a hub (ATL/CVG/DTW/MEM/MSP/SLC), the commission is calculated off of the total of the two base fares (domestic and over-the-water segment fares combined), rather than just off the intermediate point, as shown the following example: Routing: IAD-ATL-JNB Fare Break: Fare breaks at ATL 3
4 Exclusion: ATL-JNB is a non-commissionable hub nonstop market Calculation: Taken off of total base fares for IAD-ATL and ATL-JNB. Commission may not be calculated off of ATL alone. G. Market Definitions 1. Trans-Atlantic Scheduled flights crossing the Atlantic Ocean excluding flights to/from Bermuda and the Caribbean. 2. Trans-Pacific Scheduled flights crossing the Pacific excluding flights to/from Hawaii. 3. Latin America & Caribbean Scheduled flights to/from Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Falkland Islands (Malvinas), French Guiana, Guyana, Paraguay, Peru, Suriname, Uruguay, Venezuela, Mexico, Anguilla, Antigua and Barbuda, Aruba, Bahamas, Barbados, Bermuda, Cayman Islands, Cuba, Dominica, Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica, Martinique, Montserrat, Netherlands Antilles, Puerto Rico, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, Turks and Caicos Islands, U.S. Virgin Islands, Virgin Islands (British). H. Eastbound Commission (From the Trans-Pacific Region) 1. Eastbound commission is permitted. 2. Eastbound incentive applies only to a one-way eastbound journey from the trans-pacific region, as defined herein, to the U.S./Canada, when the passenger's journey originated westbound from the U.S./Canada to the trans-pacific region on a separate one-way ticket. One-way travel with offshore origination is strictly prohibited. Roundtrip travel originating offshore is similarly prohibited 3. The commission rates correspond to those shown in the U.S/Canada-to-Trans-Pacific table found on page 1. Commissionable fare classes are those classes in the trans-pacific table that have a commission-level rate of greater than zero percent (0%) 4. The trans-pacific ticket designator must appear in the ticket designator box on the Delta/KLM-plated tickets. On Air France- and Alitalia-plated tickets, it must appear in the tour-code box. 5. Use of this program constitutes an authorization by agency for Delta/KLM/Air France/Alitalia to audit flown tickets issued against this program. The audit process may require agency to produce offline coupons as evidence of U.S./Canada-origin eligibility. I. Northbound Commission (From the LAC region) 1. Northbound commission (exit-lac) is permitted. 2. Northbound incentive applies only to a one-way northbound journey from LAC (Latin America/Mexico/ Caribbean), as defined herein, to the U.S./Canada, when the passenger's journey originated southbound from the U.S/Canada to LAC on a separate one-way ticket. One-way travel with offshore origination is strictly prohibited. Roundtrip travel originating offshore is similarly prohibited. 3. The commission rates correspond to those shown in the U.S/Canada-to-Latin America/Mexico/Caribbean (LAC) table found on page 1. Commissionable fare classes are those classes in the LAC table that have a commission-level rate of greater than zero percent (0%) 4. The LAC ticket designator must appear in the ticket designator box on the Delta ticket coupon(s). 5. Use of this program constitutes an authorization by agency for Delta to audit flown tickets issued against this program. The audit process may require agency to produce offline coupons as evidence of U.S./Canada-origin eligibility. J. Program Conditions 4
5 1. All tickets must be issued by June 30, All travel must be completed by March 31, This offer is restricted to the approved home location listed above and its contracted branches. 3. Agency agrees not to disclose the existence of this Point of Sale Commission or any of the terms hereof without Delta/KLM/Air France/Alitalia s prior written consent. Such non disclosure includes, but is not limited to any form of advertisement (including, but not limited to internet websites). 4. This Agreement may be canceled/amended by Delta/KLM/Air France/Alitalia upon providing to Agency a cancellation notice or notice describing the amendment(s) at least one day prior to effectiveness. 5. No term or condition of this Agreement shall be deemed waived, and no breach shall be excused, unless such waiver or excuse is in writing and signed by the party against whom such waiver or excuse is sought to be enforced. This Agreement shall not be assigned or transferred by one party without the prior written consent of the other party, provided however that such consent shall not be unreasonably withheld. All rights, remedies and obligations of the parties hereunder shall accrue and apply solely to such parties and their permitted successors and assigns and there is no intent to benefit any third parties. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of New York applicable to agreements fully made and performed therein, without regard to its choice of law principles to the contrary. 6. The use of Delta, KLM, Air France or Alitalia names or logos in conjunction with these fares on any unsecured trade or consumer direct promotion or advertising (paper or electronic) is prohibited. 7. Without the expressed prior written consent from Delta/KLM/Air France/Alitalia, the selling, advertisement or distribution, for any reason, of Delta/KLM/Air France/Alitalia net or discounted air-only fares is prohibited on: - Non-password protected Internet web sites or Internet news groups directed to the travel trade - Consumer-direct Internet web sites, including Internet web sites (referred to as opaque) that do not identify the airline carrier until ticketing. - Consumer-direct electronic advertising, in whatever format. Note: This is a Travel Leaders Franchise Group confidential document. It may not be shown to anyone outside Travel Leaders Franchise Group without Supplier Relations approval. 5
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