Terms and Conditions
1. Applicability and Definitions
For the purpose of these Terms and Conditions, the following terms shall have the following meanings:
"IATA": International Air Transport Association (Netherlands) B.V., a Dutch corporation, acting for and on behalf of the International Air Transport Association, an association incorporated by a Special Act of the Parliament of Canada.
"TACT Online": is a web application accessible via www.tact-online.org allowing to instantly and securely retrieve the most up-to-date content published by TACT (The Air Cargo Tariff and Rules).
"TACT Rules": are rules published by IATA as part of TACT and also include any and all items which are made available by IATA as part of the service delivered via TACT Online and constituting integral part thereof.
"TACT Rates": are rates published by IATA as part of TACT and also include any and all items which are made available by IATA as part of the service delivered via TACT Online and constituting integral part thereof. The words “TACT Rates” explicitly exclude any rates which are not published by IATA, such as net rates (i.e. rates agreed between the carrier and third parties) or any equivalent thereof.
"Subscriber": any legal entity or natural person who is acting for purposes which are inside his or her trade, business or profession, with a valid subscription to TACT Online.
"User(s)": the natural person(s) who is (are) designated by the Subscriber authorized by IATA to access the TACT Online.
"Terms and Conditions": these Terms and Conditions governing the relationship between the Subscriber and IATA in relation to the TACT Online and that cancel and supersede all prior conditions applicable to any currently active subscription(s).
2. Scope of Subscription
IATA grants the Subscriber to TACT Online the non-exclusive and non-transferable single-user license (or such other number of users specified in the Subscriber’s agreement with IATA) to access the TACT Online during the relevant subscription period.
3. Subscription Period and Cancellation
3.1. The subscription period for Subscribers starts on January 1 and ends on December 31 the same year. All Subscribers registering during the subscription year will be charged proportionally.
3.2. The subscription to TACT Online will automatically be renewed for another term of one (1) year, unless Subscriber notification to the contrary is received by IATA by November 1, prior to the Subscription expiry date.
3.3. Cancellation of subscriptions will only be honored as from the next subscription year. Cancellations of subscriptions during the subscription year will not be credited.
3.4. Cancellation and/or infringement of Terms and Conditions shall result in direct termination of access of the Subscriber/User to TACT Online.
3.5. IATA reserves the right to refuse a Subscriber and/or User(s) access to the TACT Online without giving any reason and IATA reserves the right to take technical measures to enforce such refusal.
3.6. Any default by the Subscriber under these Terms and Conditions, unless remedied within fourteen (14) days after a written notice of such default has been received by IATA, shall entitle IATA to terminate this agreement with immediate effect without prejudice to IATA’s right to recover all due subscription fees, damages as well as the interest that may have been accumulated pursuant to Article 4.4.
4. Subscription Fees and Payment
4.1. The subscription fee shall be paid annually by Subscriber to IATA and will be invoiced by IATA before the expiration of each contractual year.
4.2. The total invoice amount is to be paid in Euros by a bank transfer, a credit card (American Express, Eurocard/MasterCard, or Visa), or CASS (IATA Clearing House) within the thirty (30) days counting from the date stated on the invoice issued by IATA.
4.3. Any applicable taxes shall be added to the amounts and fees (or any subsequent price list), or any other amounts and fees quoted by IATA.
4.4. In the event of the Subscriber not paying for whatever reason the subscription fees by the due date, IATA may levy an interest at a rate of one percent (1%) per (part of a) month from the due date, until the date IATA receives the Subscription fee in full.
4.5. All amounts and fees are payable in Euros.
5. Integrity of TACT Online Content and Warranties
5.1. All TACT information is sold “as is” through TACT Online, and the Subscriber must not store, reproduce, separate or alter the information, in all or in part, without the prior written permission from IATA.
5.2. The content on TACT Online is provided for information purposes only, and whilst IATA uses all reasonable skill and care in the creation and supply of the TACT Online content, and every effort is made to update and maintain the information provided by IATA, IATA gives no warranty that the TACT Online content shall be accurate or complete and shall have no liability for inaccuracies or incompleteness thereof, unless due to IATA's gross negligence or willful misconduct. Furthermore, Subscriber shall give no such warranty to its Users who retrieve the TACT content through TACT Online, and shall ensure that its Users are made aware of such disclaimer of warranty by IATA, where such User is not a direct employee of the Subscriber.
5.3. If the Subscriber or User becomes aware of any apparent inaccuracies or incomplete information delivered via TACT Online, they should bring it to the attention of IATA as quickly as possible. IATA will check, verify and update the TACT content as appropriate.
5.4. IATA may at any time modify the TACT content that was made available via TACT Online or remove any or all of it.
5.5. To the maximum extent permitted by law, IATA excludes all liability to the Subscriber 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 Subscriber.
6. Ownership, Intellectual Property Rights and Confidentiality
All intellectual property rights in the TACT Online content shall be and remain with IATA and/or its licensors, or suppliers, as the case may be. Subscriber will make no use of the TACT Online content following the termination of this Agreement. Subscriber shall ensure that the provisions of this Article shall likewise apply to any of its User(s), directors, officers or employees. The User(s), directors, officers and employees obligations shall also extend beyond the period of their employment with or by the Subscriber. The obligations set forth in this Article shall survive the termination of the Subscription.
The Subscriber permits IATA or a third party of IATA’s choice, as an insurance of mutual protection, to carry out audits at the Subscriber’s premises, and at all other relevant sites from where the TACT Online is accessible and/or distributed in order to verify compliance by the Subscriber with its undertaking under these Terms and Conditions and/or in order to check processes with respect to proper discharge of its obligations under these Terms and Conditions against any unforeseen circumstances such as bankruptcies, theft, fire, strike, etc. The Subscriber and its officers and employees will give all reasonable assistance to carry out this task. Such audit shall be carried out on reasonable notice and during regular business hours.
8. Subscriber Status
Throughout the Subscription period, the Subscriber’s status will be that of an independent contractor and no joint venture or partnership will arise or is intended to be created during Subscription period or under these Terms and Conditions. The Subscriber shall have no authority to contract on behalf of IATA, or otherwise engage the responsibility or liability of IATA and the Subscriber shall not employ the IATA Name and/or Logo in any way without the prior express written permission of IATA. Subscriber shall not establish any link, connection or gateway between TACT Online and/or any other (Internet) website or computer network whatsoever. IATA strongly recommends that the Subscriber protects itself by arranging appropriate insurance coverage.
IATA may, at its discretion, refer any inquiries it receives from the Users (or customers) of the Subscriber, and the Subscriber shall be responsible to respond to such inquiries. The Subscriber shall provide IATA with the contact information necessary for IATA to refer any inquiries.
If any part, term, or provision of these Terms and Conditions shall be held illegal, unenforceable, or in conflict with any law of a government having jurisdiction over these Terms and Conditions, the validity of the remaining portions or provisions of the Terms and Conditions shall not be affected thereby and shall remain in force.
11.1.IATA reserves the right to amend these Terms and Conditions unilaterally and without prior notice. IATA shall however notify the Subscriber of any amendment to these Terms and Conditions within thirty (30) days after such amendment has been put into effect.
11.2.IATA reserves the right to adjust the subscription fee at any time by providing a written notice
11.3. If after receiving a notice from IATA, Subscriber does not agree with an amendment as per Article 11.1 or 11.2, such Subscriber shall have the right to terminate the subscription within thirty (30) days after having received a notice from IATA. Subscriber shall be entitled to a pro-rata refund of the subscription fee from IATA.
12. Applicable Law and Dispute Resolution
These Terms and Conditions shall be interpreted and construed according to, and governed by, the laws of the Netherlands. In the event any dispute or controversy arising out of or relating to these Terms and Conditions, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. Where the dispute remains unresolved, such dispute shall be exclusively and finally settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce, by one (1) arbitrator to be selected in accordance with the said Rules. The arbitration shall be conducted in English and the seat of the arbitration shall be in Haarlem, the Netherlands. The decision of the arbitration/court shall be final and binding upon the parties.