TERMS FOR USE
1 - Scope of the Subscription
 
IATA agrees to provide the IATA Timatic Service(s) to the Customer on the terms, and for the fees, set out in Schedule 2 and hereby grants to the Customer a world-wide non-exclusive, non-transferable, non-sub licensable license to access IATA Timatic Service(s), and to use the IATA Timatic Information contained therein during the Term, for the purpose set out in Clause 4.
 
2 - Term and Termination
 
2.1         The Subscription shall take effect from the Subscription Start Date defined in the Order Form and shall remain in force until 31st December of the first Subscription Year, herewith referred to as "the Initial Term".
 
2.2          The Subscription will be automatically renewed for successive 12 month periods (hereinafter referred to as "Subscription Years") unless a written notice is sent by either party to terminate the Subscription no less than sixty (60) days prior to the end of the First Subscription Year or any subsequent Subscription Year.
 
2.3          IATA shall be entitled to terminate the licence contained herein with immediate effect, and thereafter deny the Customer and any of its Users access to the IATA Timatic Services, in the event of:
 
2.3.1     any default by the Customer in paying the Fee when due, unless remedied within fourteen (14) days after written notice of such default has been given to the Customer;
 
2.3.2     any breach by the Customer of the licence granted herein, and in particular any breach of the terms contained in Clause 4.
 
2.4          Either party may terminate the Subscription forthwith by written notice to the other if either party shall become insolvent, be declared bankrupt or shall enter into any liquidation proceedings (other than for the purpose of reconstruction or amalgamation).
 
2.5          Upon the expiration or termination of the Subscription for whatever reason the license granted herein shall cease and access by the Customer to, and all the rights granted in respect of the IATA Timatic Service(s) shall be immediately terminated. The Customer shall immediately delete from its systems any information extracted from the IATA Timatic Service(s) and stored therein.
 
3 - Charges
 
3.2          In consideration for the supply of the IATA Timatic Service(s) the Customer shall pay the fees and charges set out in Schedule 2, as amended from time to time in accordance with Clause 3.4, which are expressed exclusive of value added tax.
 
3.3          The fees consist of an annual fee and a fee per Transaction. If the commencement date of the Subscription is after 31st January, the annual fee will be charged in proportion to the number of full months remaining in the Subscription Year. Payment of the annual fee will be due by the customer upon signature of the order form. A separate annual fee will be charged for each IATA Timatic Service that the Customer subscribes to as detailed in the IATA Timatic Services Order Form, with the volume of transactions for each service being combined to determine Transaction Charges. 3.2. Transaction Charges will be calculated by IATA Netherlands Data Publications following the end of each quarter (31 March, 30 June, 30 September and 31 December) as described in Schedule 2, and invoiced thereafter.
 
3.4          The fees and charges shall be fixed for the First Subscription Year. Thereafter the Fee will be reviewed annually by IATA who will notify the Customer of any adjustments no later than 30 September in any subscription year, such adjustment to take effect on 1 January of the following Subscription Year. In case the Customer does not accept such adjustment it may give written notice before 30 November of the applicable Subscription Year that it does not wish to renew the Subscription. Thereupon, this Agreement shall terminate at the end of that Subscription Year. If the Customer does not terminate the Subscription the new annual flat fee shall be invoiced by IATA and paid by the Customer at the beginning of the next following Subscription Year.
 
 
4 ‑ Use of the IATA Timatic Services
 
4.1          When using the Timatic Service(s) the Customer shall be entitled to access and use the IATA Timatic Information for its own business purposes only.
 
4.2         The Customer shall be entitled to make available to its own Customers (the Users) as part of its booking services and through its dedicated, branded customer interfaces, the IATA Timatic Information Service(s).
 
4.3         The Customer, Users and other third parties shall not without the prior written permission of IATA:
 
4.3.1       Re-sell, make mass, automated or systematic extractions from, or otherwise transfer to any other person or organisation, the IATA Timatic Services(s) or IATA Timatic Information contained therein;
 
4.3.3       Store IATA Timatic Information in such a manner that enables such stored information to be retrieved, manually, mechanically or systematically by any third party; or include it within, or merge it with, or permit such inclusion in or merger with, another archival or searchable system.
 
4.3.4   Make use of any kind of device/application that enables retrieval of previously accessed IATA Timatic Information without making a real-time, chargeable Transaction.
 
4.4         The Customer may download, copy and store the IATA Timatic XML Support Lists to the extent necessary for the purposes of providing the services described in sub-clause 4.2 above.
 
5 ‑ Access
 
5.1          The Customer and Users shall access the IATA Timatic Information by submitting queries using the IATA Timatic Service(s). Such queries shall be known as "Transactions".
 
5.2          The IATA Timatic Service(s) shall be accessible by the Customer and the Permitted Users 24 hours per day, 365 days per year, subject to scheduled down time, necessary support and maintenance or the occurrence of any force majeure event.

6 - Representations, Warranties and Liability
 
6.1.         IATA warrants that it has the right and power to use and distribute the information and to grant the Customer the rights set out in this agreement.
 
6.2.         The IATA Timatic Information is provided for information purposes only, and whilst IATA will use all reasonable skill and care in the creation and supply of the IATA Timatic Information, and every effort is made to update and maintain the information provided by IATA , IATA gives no warranty that the IATA Timatic Information will be accurate or complete and shall have no liability for inaccuracies or incomplete information, unless due to IATA's negligence or willful misconduct by IATA. Furthermore, the Customer shall give no such warranty to its Users.
 
6.3.         If the Customer becomes aware of any apparent inaccuracies or incomplete information contained in the IATA Timatic Service(s) it should bring it to the attention of IATA as quickly as possible. IATA will check, verify and update IATA Timatic Information as appropriate.
 
6.4.         The warranties set forth above are exclusive and in lieu of all other warranties (express, implied, statutory or otherwise) with respect to the services and software. All other warranties, including warranties of merchantability and fitness for a particular purpose, are hereby expressly excluded and disclaimed.  In particular IATA does not warrant that the operation of the IATA Timatic Service(s) will be uninterrupted or error-free, and the Customer shall give no such warranty to its Users.
 
6.5.         IATA's total liability under this subscription agreement shall be limited to the total fees paid by the Customer in any Subscription Year.
 
6.6.         IATA excludes all liability to the Customer for consequential loss arising out of any claim, including but not limited to indirect losses and loss of revenue, profit or anticipated profits, or destruction of data, whether or not due in whole or in part to the negligence or breach of duty, statutory or otherwise, of the Customer.
 
7 - Intellectual Property Rights
 
7.1         For the purposes of the Subscription IATA owns, or is otherwise entitled to use and sub-licence, and hereby reserves to itself all Intellectual Property Rights in and to the IATA Timatic Service and IATA Timatic Information.
 
7.2         Infringement Indemnity. IATA warrants that the use of the IATA Timatic Service(s) and IATA Timatic Information by the Customer in accordance with the terms of this Subscription shall not infringe the Intellectual Property Rights of any third party. IATA shall indemnify and hold the Customer harmless from any losses, claims, damages, awards, penalties, or injuries which arise from any claim by any third party of an alleged infringement of copyright or any other Intellectual Property Right arising out of the use of the IATA Timatic Service(s) by the Customer in accordance with the terms of this Subscription PROVIDED ALWAYS that the Customer shall give IATA full control of any proceedings and make no admission of liability to any third party. This indemnity shall survive the termination of this Subscription.
 
7.3          Wherever the Customer makes the IATA Timatic Information available to Permitted Users it will ensure that a copyright notice is affixed to all copies of such IATA Timatic Information in the form 'Copyright IATA 2009'. Usage is subject to IATA Timatic End User Terms and Conditions v1.0'
 
7.4          Where IATA Timatic Information is supplied in a branded format displaying the "IATA" name or logo the Customer shall do nothing to alter, deface, add to, subtract from, minimise or remove such name logo, and shall in all cases reproduce such name logo exactly in the form that it has been supplied, or otherwise in accordance with such guidelines that may be provided by IATA NL from time to time.
 
 
8 ‑ General Provisions
 
8.1.         This Agreement is construed under and shall be governed by the laws of the Netherlands.
 
8.2.         If any dispute arises out of, or in connection with the performance of this Agreement, the parties shall endeavour to settle the same amicably. In the event that such amicable solution is not possible, then thereafter the dispute shall be settled by the competent court in Haarlem, The Netherlands. The decision of the court shall be final and binding upon the parties.
 
8.3.         Neither party shall be liable under this Agreement for any failure, delay or default in performing any obligations there under if such failure, delay or default results from circumstances beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license) governmental intervention, labour disputes threatened or actual, acts of suppliers or sub-contractors, wars, fires, floods, earthquakes or unusually severe weather, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. The party seeking to rely on this clause shall promptly notify the other party of the cause and probable duration of its failure of performance and shall use its best endeavours to minimise the effect thereof.
 
8.4.         This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and may only be amended in writing, signed by both parties.

SCHEDULE 1 - Definitions:
 
"IATA"
means IATA (Netherlands) B.V., a Dutch corporation having its registered offices at Frankfurtstraat 2, 1175 RH, Lijnden, The Netherlands.
 
"IATA Timatic Information"
means information on cross-border passenger regulations and recommendations on the following subjects:
  • Passport regulations and recommendations
  • Visa regulations and recommendations
  • Health regulations and recommendations
  • Airport Tax to be paid by the traveller at either departure or arrival airport
  • Customs regulations relating to import/export of goods and small pets by a passenger
  • Currency regulations relating to import and export by a passenger
  • News relating to changes in immigration rules or practices
 
`'IATA Timatic Service(s)'' means the following services used to access IATA Timatic Information:
  • IATA Timatic Command Line Interface
  • IATA TimaticWeb
  • IATA TimaticWeb Co-branded
  • IATA Timatic XML
  • IATA Travel Centre XML
  • IATA Timatic AutoCheck
  • Template masks used to make inquiries using the Timatic Services
  • Help on how to make inquiries using the Timatic Services
 
`'IATA Timatic Command Line Interface''
means a method of entering requests for IATA Timatic Information using dedicated terminals or personal computers with a SITA connection or via terminals using airline and computer reservation systems.
 
`'IATA TimaticWeb''
means a method of transmitting requests for IATA Timatic Information via the Internet at www.timaticweb.com
 
`'IATA TimaticWeb Co-branded''
means a method of transmitting requests for IATA Timatic Information via the Internet at www.timaticweb.com, with the responses being co-branded with customer supplied images.
 
`'IATA Timatic XML''
means a protocol for structuring requests for, and receiving, IATA Timatic Information in a format that allows customers to integrate IATA Timatic Information into their own applications
 
`'IATA Travel Centre XML''
means a protocol for structuring requests for, and receiving, IATA Timatic Information in a format that allows customers to integrate IATA Timatic Information into their own applications
 
`'IATA Timatic AutoCheck''
means a protocol for structuring requests for, and receiving, IATA Timatic Information in a format that allows customers to integrate IATA Timatic Information into their own departure control applications
 
`'IATA Timatic XML support lists''
means downloadable lists enabling coded requests to be submitted to IATA Timatic Services(s).  Such lists include Country Codes, Document Types, stay types, etc
 
"Intellectual Property Rights" means the trade marks, copyright, database rights, rights in know-how, confidential information, methodologies and processes, and all other rights of a like nature conferred under the laws of the Netherlands and all other countries of the world, including any renewal or extension of those rights, subsisting in respect of the IATA Timatic Service(s) from time to time during the Term.
 
`'Transaction''
means a request submitted to, the IATA Timatic Information Service(s) for IATA Timatic Information, together with the response to such request, for which the Customer shall be charged a transaction fee as per Schedule 2.
 
 
SCHEDULE 2 - 2009 Fees & Charges:
 
Fixed Fees:
IATA Timatic Services annual set-up & maintenance flat fee commencing 1 January 2009: EUR499
 
Transaction fees:
A.         0 - 500 transactions:          Included in Flat Fee.
B.         501- 100,000 transactions:         EUR (EUR) 0.1235 per transaction.
C.         100,001- 600,000 transactions:         EUR (EUR) 0.1108 per transaction.
D.         600,001 - 1,100,000 transactions:         EUR(EUR) 0.0982 per transaction.
E.         1,100,001 - 1,600,000 transactions:       EUR (EUR) 0.0844 per transaction
F.         1,600,001 - 2,100,000 transactions:       EUR (EUR) 0.0776 per transaction.
G.         2,100,001 onwards:         EUR (EUR) 0.0706 per transaction.
 
Consulting Fee:
Consulting charges are EUR (EUR) 100 per hour excluding VAT and expenses
 
Commencement during the Subscription Period:
If the commencement date of the Subscription is after 31st January, the annual fee will be charged in proportion to the number of full months remaining in the Subscription Year. Similarly transactions included within the flat will be divided in proportion to the number of full months remaining in the Subscription Year. Unused transactions included in the fixed fee will not carried over to the following Subscription period.