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Designated Sales Agent In China By Foreign Air Transport Enterprises Directly Into The License And Use Of Foreign Computer Reservation Systems Management Interim Provisions

Original Language Title: 外国航空运输企业在中国境内指定的销售代理直接进入和使用外国计算机订座系统许可管理暂行规定

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  Chapter I General provisions article I-implementation of foreign air transport enterprises in China designated sales agent directly into the license and use of foreign computer reservation systems, maintaining the computer reservation system services market order, protection of consumers, of foreign air transport enterprises, sales agents and foreign computer reservation system services provider's legitimate rights and interests, according to relevant laws and regulations and these provisions are formulated.

Second foreign air transport enterprises and their designated sales agent in China direct access to and use of foreign computer reservations system, and foreign computer reservation system services provider providing the services shall be governed by this provision.

Third civil aviation administration of China (hereinafter referred to as the civil aviation authority) responsible for designated sales agent in China by foreign air transport enterprises into the license and use of foreign computer reservation system, and foreign air transport enterprises and their sales agents direct access to and use of foreign computer reservation systems, and computer reservation system services providers conducting supervision and inspection.

Civil aviation authority of China (hereinafter referred to as the civil aviation authority) pursuant to authorization of foreign air transport enterprises within their respective jurisdictions and their sales agents direct access to and use of foreign computer reservation systems, and computer reservation system services providers conducting supervision and inspection.

In the fourth article of the regulation defines the following terms: (a) foreign air transport enterprises (hereinafter referred to as foreign airlines) is entitled to and engaged in scheduled international air services between the foreign operations of foreign air carriers.

(B) the designated sales agent in China by foreign air transport enterprises (hereinafter referred to as foreign airlines sales agent) is legally registered in China, international airline passenger sales agency business qualifications, acceptance of foreign air transport enterprises, in accordance with the principal sales agent contract signed by both parties, entrusted business ticket sales agent activity within corporate enterprises.

(Iii) computer reservation system is the ability for the sales agents, including the air carrier's flight timetable, seating, ticket information and pricing rules, and is accessible through the system for ticket booking or ticket system.

(D) foreign computer reservation system services provider (hereinafter referred to as foreign system provider) refers to the ability to provide services provided for in the preceding paragraph the foreign computer reservation system services.

Fifth article outside airlines after civil aviation Council license, can delegate its sales agent directly into and using foreign computer set seat system and using the outside airlines ticket sales following international ticket: (a) containing by its actual carrier of China territory and outside between international airlines paragraph, but not including not and China Aviation carrier implementation code shared of domestic airlines paragraph of international ticket; (ii) after approved of and China Aviation carrier or other foreign carrier code shared of international ticket.

Sixth article outside airlines for its in China territory specified of sales agent application directly into and using foreign computer set seat system should has following conditions: (a) outside airlines should meet following requirements: 1. According to bilateral air transport agreement or other about agreement, get corresponding business regularly international air transport business qualification; 2. law in China territory established do institutions; 3. and foreign system provides business signed of system service agreement; 4. Civil Aviation Council provides of other necessary.

(B) a foreign airline sales agent shall meet the following requirements: 1. the legally established within the territory of China, made People's Republic of China corporate capacity; 2. aviation passenger sales agent with international qualifications, 3. sales agent contract with foreign airlines directly 4. provider system service agreement entered into with the foreign system, 5. other necessary prescribed by civil aviation authority. (C) the foreign system provider shall meet the following requirements: 1. the legally registered in the host country. Registration to the World Trade Organization member countries or regions.

Foreign system provides business of registered to for non-World Trade Organization members or area of, should in mutual based Shang applies this management provides; 2. past three years of business status good; 3. meet computer set seat system operation of related requirements and the standard; 4. in China territory specified locations according to technology standard and about requirements construction for store outside Airlines sales agent using foreign computer set seat system in China territory for reservation and out votes of sales agent information, and flights information, and passenger information, sales data of backup query system.

5. the civil aviation authority under other requirements.

Article seventh foreign airlines, foreign airlines sales agents, foreign systems provider shall, in accordance with relevant Chinese laws, regulations and standards to provide an open, fair and impartial service, are not allowed to provide direct access to and use of foreign computer reservation system services.

Second chapter license of application and issued eighth article outside airlines application its sales agent directly into and using foreign computer set seat system of, should to written form to civil aviation Council submitted following application material: (a) outside airlines authorized representative signed of applications; (ii) outside airlines and its sales agent directly signed of delegate sales agent contract; (three) outside Airlines sales agent in China territory registered registration of proved and copies; (four) outside Airlines sales agent of effective qualification certificate and copies;

(Five) foreign system provides business of registered proved copies; (six) foreign system provides business recently three years by audit of financial report; (seven) foreign system provides business in China territory specified locations established data backup query system of proved material; (eight) outside airlines and foreign system provides business signed of system service agreement; (nine) outside Airlines sales agent and foreign system provides business made of directly into and using the system of agreement; (10) specific of directly into and using programme;

(11) other documents and materials prescribed by the civil aviation authority. Nineth article this provides eighth article tenth items provides of specific directly into and using programme should including following content: (a) outside airlines name; (ii) foreign computer set seat system name, and access way, and access locations, and system code; (three) sales agent of name, and contact way, and Office places city code, and identity code, and business places; (four) sales agent Terminal system recognition code; (five) sales agent salesperson location recently city or airport of three word code; (six) user type requirements set for "t",

International standardization country code required is set to "CN", international standard ticket paid currency type code request is set to "CNY".

(VII) other contents prescribed by the civil aviation authority.

After the above information without permission, no unauthorized changes.

Tenth foreign airlines should be responsible for the authenticity of all application materials submitted.

11th Aviation Council shall review applications submitted by foreign airlines, application materials are complete and in compliance with the statutory form, the Civil Aviation Authority accepting the application. Application materials are incomplete or not in compliance with the statutory form, the Civil Aviation Administration shall, within five working days from the date of receiving the application documents, notice that the external content that requires correction.

Foreign airlines after completing all the materials according to the requirements, the Civil Aviation Authority accepting the application.

After correction, the application still does not meet the requirements of these provisions, civil aviation authority for their inadmissibility decisions and inform the foreign airlines and written decision issued by the inadmissible.

12th civil aviation authority should be accepting foreign airlines within five working days from the date of the application, sends the request to the sales agent where the civil aviation authority for comments, the authority shall, within five working days from the date of receiving the application documents, feedback.

13th article Civil Aviation Council and civil aviation area authority in license process in the should followed following principles: (a) insisted public, and fair, and just principles; (ii) improve air transport service quality and maintenance market order; (three) maintenance consumers, and foreign air transport enterprise, and outside Airlines sales agent, and foreign system provides business, of lawful rights and interests of; (four) maintenance public security, and information security and air transport security. 14th civil aviation authority shall, within 20 working days from the date of acceptance of the application in accordance with the written decision whether or not to grant permission.

Cannot make a decision within 20 working days, approved by the head of the Civil Aviation Administration, extension of ten working days, and the extension should be informed of the reasons for foreign airlines.

Decisions of the 15th Civil Aviation Administration to grant permission shall take a decision within ten working days of foreign airlines to issue a permit.

Civil Aviation Administration decides not to issue a permit shall issue a written decision with reasons to foreign airlines and informed foreign airlines to apply for administrative reconsideration or bring an administrative suit right.

16th article law issued of license should contains Ming following content: (a) outside airlines name; (ii) outside Airlines sales agent name; (three) foreign computer set seat system name; (four) business range; (five) access locations, and access way, and access Terminal of number, and Terminal,, and set requirements,; (six) license validity; (seven) other necessary of content.

17th licensed foreign airlines should be provided by foreign airlines to its sales agents signed and stamped copy of license, and copy number registration.

Foreign airline sales agents carry out foreign airlines when a business is sold, a copy should be placed at business premises prominently.

18th Civil Aviation Council announced the license directory listing on a regular basis, allowing direct access to and use of foreign computer reservations system list of foreign airline sales agent and the agents of foreign airline business scope.

19th chapter license management licensed issued by license and business license in China by foreign airlines should be consistent.

Foreign airline sales agent of loss of international air passenger sales agent qualifications, licenses for the failure.

20th a license only applies to the licenses listed foreign airline sales agents directly into and use the license stated sales of foreign computer reservation systems the conduct of a foreign airline tickets.

Foreign airline sales agent shall, in accordance with the license set forth the scope of business in ticket sales. 21st foreign airlines should be 30th prior to the license expiration, extension application to the civil aviation authority in writing, and as stipulated in this law article eighth and Nineth, providing related materials.

After review, the civil aviation authority, for permit extension procedures.

Foreign airlines not complying with the above provisions of extension procedures, automatically expire when the license expires.

22nd license changed, foreign airlines changes should be applied to the Civil Aviation Administration changes, corresponding changes after it has been approved for the permit procedures, and return the original license.

Article 23rd Civil Aviation Board foreign airlines propose to extend or change the license application, in this article 14th, 15th deadline to make a decision.

Article 24th license validity period, foreign airlines or foreign systems provider by over 2 times a year (or more) fines, or accumulated 5 times (or more) fine, a license extension, Civil Aviation Administration not to delay a decision.

License validity period, foreign airline sales agents are over 2 times a year (or more) fines, or accumulated by 5 times (or more) fine, the license extension, the CAA can make no delay for the foreign airline sales agent decisions.

25th foreign airline, foreign termination, dissolution or bankruptcy of the system providers, license from the date of termination, dissolution or bankruptcy automatically lapse, the permit holder shall, within the 10th to the civil aviation authority for cancellation procedures.

26th no unit or individual shall not alter, lease, lend, transfer, sale, forgery and fraudulent use of permits.

Fourth chapter code of conduct article 27th foreign airlines, foreign airlines sales agents, foreign systems providers should keep passenger privacy, information and relevant materials, and shall not involve passengers personal information and agreed to divulge the contents to any third party.

28th article outside airlines should comply with following behavior specification: (a) in license contains ming of range within carried out business activities; (ii) without license shall not unauthorized delegate its sales agent directly into and using foreign computer set seat system; (three) accurate to to computer set seat system provides by stopped points, and flights, and carrier or airport, information; (four) accurate to to computer set seat system provides code shared flights of actual carrier information;

(E) in accordance with the regulations to the departure system and security system, the recent transport passenger reservations, ticket information, (vi) other foreign airlines should follow. 29th article outside Airlines sales agent should comply with following behavior specification: (a) in license contains ming of range within carried out business activities; (ii) truthfully to consumers provides by set flights of information; (three) truthfully told code shared flights actual carrier; (four) shall not unauthorized directly into and using without license or license failure of foreign computer set seat system; (five) shall not using computer set seat system repeat set seat or out votes; (six) shall not to other citizens, and corporate or organization transfer, and

Transferred or provided to foreign computer reservation systems data access; (VII) no unauthorized access, and illegal use of foreign computer ticket reservation system to book, change, cancel and marketing; (VIII) no secret kickbacks, commissions and other, disrupting the order of market economy, (IX) foreign airline sales agent shall comply with other acts. 30th article foreign system provides business should comply with following behavior: (a) in license contains ming of range within carried out business activities; (ii) fair to displayed computer set seat information; (three) full, and accurate to displayed access information, shall not unauthorized modified access information; (four) actual access locations and license license locations match; (five) guarantee by backup information of accurate, and full; (six) fair to promotion carrier of products; (seven) shall not unauthorized for sales agent access the system; (eight) shall not to dark buckle, and

Lower than the cost price or other improper means, directly or indirectly require or direct sales agents to use its computer reservation system, (IX) foreign systems shall comply with other acts.

The fifth chapter article 31st of supervision and Inspection Bureau of civil aviation, the Civil Aviation Authority (collectively referred to as the civil aviation Administrative Department) according to the responsibilities of foreign airlines and its sales agents directly into and use of foreign computer reservations system, and supervise and check the availability of services provided by the system. Article 32nd civil aviation authorities when carrying out supervision and inspection, the right at any time to check the backup system shall cooperate with foreign systems provider.

If necessary, the foreign system operator shall provide appropriate means to help check other related systems.

Article 33rd aviation authorities conducting supervision and inspection, and shall be without prejudice to foreign airlines, foreign airlines sales agent and provider of the normal business activities of the foreign system may not be leaking trade secrets and personal information of passengers.

Sixth chapter legal liability article 34th foreign systems provider in violation of the provisions of article seventh, without authorization, to provide foreign airline sales agents directly into and use their services, the civil aviation authority or civil aviation authority according to law to the foreign system suppliers in a warning, and may be fined a maximum of 10,000 yuan and 30,000 yuan.

35th foreign airline in violation of the provisions of article eighth and Nineth and tenth of the rules, withholding relevant information or provide false information to apply for permits, or by fraud, bribery or other improper means to obtain a licence to access, the civil aviation authority in accordance with the relevant provisions of the administrative licensing law to deal with.

36th foreign airline in violation of the provisions of article Nineth, tampering, direct access to and use of foreign computer reservation system, the civil aviation authority or civil aviation authority should be in accordance with foreign airlines in a warning, and a fine of less than 10,000 yuan and 30,000 yuan.

37th foreign airline sales agents in violation of the provisions of article 17th, copy of the license is not in the place of striking location, the civil aviation authority or civil aviation authority in accordance with foreign airlines sales agents in a warning, and to a fine of up to 10,000 yuan and 30,000 yuan.

Article 38th aerial violations of the provisions of this article 26th, alter, lease, lend, transfer, trade, counterfeiting and the fraudulent use of permits, stipulated by the civil aviation authority ordered to desist from the illegal act, rectify, and a fine of 10,000 yuan and 30,000 yuan fine. 39th foreign airlines, foreign airlines sales agents, foreign systems provider in violation of the provisions of article 27th, disclose to any third party passenger privacy, information and relevant materials, civil aviation authority or the civil aviation authority in accordance with the responsible foreign airlines, foreign airlines sales agents, foreign systems provider in a warning, and may be fined a maximum of 10,000 yuan and 30,000 yuan.

Constitute a crime, criminal responsibility shall be investigated according to law.

40th article violation of the provisions of the fourth chapter of the 28th, 29th, 30th of the rules, does not fulfil the requirements of the specification, responsible for civil aviation authority or civil aviation authority in accordance with the foreign airlines, foreign airlines sales agents, foreign systems provider in a warning, and may be fined a maximum of 10,000 yuan and 30,000 yuan.

41st foreign systems provider in violation of the provisions of article 32nd, refused to cooperate with check the backup system, and other related systems, or other forms of supervision and inspection, the civil aviation authority or civil aviation authority it shall be ordered to correct, be warned; refuses, fined 10,000 yuan and 30,000 yuan fine. 42nd civil aviation authority or exercise of authority staff in violation of the provisions of the civil aviation authority and monitored by the civil aviation authority shall order rectification are serious, the managers directly responsible and other persons directly responsible shall be given administrative sanctions.

Constitute a crime, criminal responsibility shall be investigated according to law.

Seventh chapter supplementary articles article 43rd Hong Kong S.A.R., and Macau S.A.R., and Taiwan areas designated sales agent in China by air transport enterprises of direct access to and use of foreign computer reservation system with reference to these provisions.

Foreign air transport enterprises in Hong Kong S.A.R., and Macau S.A.R., Taiwan designated sales agent directly into and do not apply to the use of foreign computer reservation system rules. 44th article of the regulations come into force on April 28, 2016. Enacted in 1995, the foreign air companies and their sales agents in China to use passenger reservation system of interim measures for the administration of computer (shipping (1995), 51st), from the date of implementation of this provision repealed.