Common use of Obligations of the Agent Clause in Contracts

Obligations of the Agent. 9.1 The Agent shall: (a) conduct itself in accordance with the highest business standards and not do or permit or omit to be done anything which might reflect adversely upon the business integrity or goodwill of Brightsun or any Airline; (b) comply with any CAA bonding requirements, all relevant legislation (including, without limitation, the Data Protection Xxx 0000 and the ATOL Regulations), regulations, codes of practice, guidance notes and other requirements of any relevant government or governmental agency or IATA; (c) hold, pursuant to the ATOL Regulations its own ATOL licence with which it shall comply at all times, and if not shall then need to sign the Agency Agreement letter also. (d) advise all individuals who have had travel arrangements issued pursuant to this Contract: (i) that they must check the relevant entry requirements for any country the individual is visiting; (ii) that they must have the correct visas, passport, health certificates and other documentation for the relevant journey at the time of travel; (iii) if the individual must re-confirm his/her return flight; and (iv) of the particular itinerary on which the individual will travel; (e) collect and be liable for all taxes, fees, charges and airline surcharges of whatsoever nature in relation to air fares at the time of issuing the Tickets and reimburse Brightsun the relevant amount for any shortfall in collection in addition to paying for the relevant air fares; (f) not sell the seats at Seat Only Fares to a group (10 or more individuals) booked together on one flight; (g) incorporate the Conditions of Carriage and all other relevant ticketing and contractual conditions and any other conditions prescribed by the appropriate authority at the request of and for the benefit of the relevant Airline to form part of this Contract and all contracts entered into with individuals pursuant to this Contract; (h) keep secret and confidential all Confidential Information and shall only use or disclose such information in order to properly perform its obligations under this Contract. The Agent shall be responsible to Brightsun and the Airlines in respect of any disclosure or use of such Confidential Information by a person to whom disclosure is made. This obligation of confidentiality shall not extend to any matter which becomes part of the public domain, other than as a breach of the provisions of this Clause, or as is required to be disclosed under any applicable law or court order. This Clause shall be deemed to survive termination of this Contract. (i) comply with all reasonable instructions issued by Brightsun pursuant to or in connection with this Contract; (j) provide all reasonable assistance on enquiry or investigation by Brightsun or any Airline; and (k) comply with Schedule 2. 9.2 The Agent warrants to Brightsun that the ATOL number set out on the signature page to this Contract has been issued directly to it by the CAA and the ATOL licence to which it relates is in full force and effect, or if the Agent is not ATOL that the agency agreement will come into effect. 9.3 The Agent will notify Brightsun immediately in writing if it acts or omits to act in a manner which causes the Agent to breach the ATOL Regulations or its ATOL licence, or if its ATOL licence is revoked, withdrawn, or suspended or if the terms of its ATOL licence are altered in any way. 9.4 The Agent will, if requested, provide Brightsun with a copy of the annual audited accounts or such other management accounts or other information reasonably requested by Brightsun for itself, its parent or holding company and any other subsidiary of any such company.

Obligations of the Agent. 9.1 The Agent shall: (a) conduct itself in accordance with the highest business standards and not do or permit or omit to be done anything which might reflect adversely upon the business integrity or goodwill of Brightsun or any Airline; (b) comply with any CAA bonding requirements, all relevant legislation (including, without limitation, the Data Protection Xxx 0000 Act 1998 and the ATOL Regulations), regulations, codes of practice, guidance notes and other requirements of any relevant government or governmental agency or IATA; (c) hold, pursuant to the ATOL Regulations its own ATOL licence with which it shall comply at all times, and if not shall then need to sign the Agency Agreement letter also. (d) advise all individuals who have had travel arrangements issued pursuant to this Contract: (i) that they must check the relevant entry requirements for any country the individual is visiting; (ii) that they must have the correct visas, passport, health certificates and other documentation for the relevant journey at the time of travel; (iii) if the individual must re-confirm his/her return flight; and (iv) of the particular itinerary on which the individual will travel; (e) collect and be liable for all taxes, fees, charges and airline surcharges of whatsoever nature in relation to air fares at the time of issuing the Tickets and reimburse Brightsun the relevant amount for any shortfall in collection in addition to paying for the relevant air fares; (f) not sell the seats at Seat Only Fares to a group (10 or more individuals) booked together on one flight; (g) incorporate the Conditions of Carriage and all other relevant ticketing and contractual conditions and any other conditions prescribed by the appropriate authority at the request of and for the benefit of the relevant Airline to form part of this Contract and all contracts entered into with individuals pursuant to this Contract; (h) keep secret and confidential all Confidential Information and shall only use or disclose such information in order to properly perform its obligations under this Contract. The Agent shall be responsible to Brightsun and the Airlines in respect of any disclosure or use of such Confidential Information by a person to whom disclosure is made. This obligation of confidentiality shall not extend to any matter which becomes part of the public domain, other than as a breach of the provisions of this Clause, or as is required to be disclosed under any applicable law or court order. This Clause shall be deemed to survive termination of this Contract. (i) comply with all reasonable instructions issued by Brightsun pursuant to or in connection with this Contract; (j) provide all reasonable assistance on enquiry or investigation by Brightsun or any Airline; and (k) comply with Schedule 2. 9.2 The Agent warrants to Brightsun that the ATOL number set out on the signature page to this Contract has been issued directly to it by the CAA and the ATOL licence to which it relates is in full force and effect, or if the Agent is not ATOL that the agency agreement will come into effect. 9.3 The Agent will notify Brightsun immediately in writing if it acts or omits to act in a manner which causes the Agent to breach the ATOL Regulations or its ATOL licence, or if its ATOL licence is revoked, withdrawn, or suspended or if the terms of its ATOL licence are altered in any way. 9.4 The Agent will, if requested, provide Brightsun with a copy of the annual audited accounts or such other management accounts or other information reasonably requested by Brightsun for itself, its parent or holding company and any other subsidiary of any such company.

Obligations of the Agent. 9.1 7.1 The Agent shallrepresents, warrants and undertakes that: (a) It has registered with VAA Flying Hub and xxx.xxxxx.xxx/xxxxxx and it has read and understood all the terms set out in this Agreement. (b) it has full capacity and authority to enter into this Agreement; (c) it shall comply with all applicable laws and regulations (including those relating to marketing, the sale of passenger transportation by air and the operation of its business) and shall maintain all applicable licences, permits and consents, including an IATA Licence, an ATOL, and those imposed by industry bodies, required to enter into and perform its obligations under this Agreement; (d) it shall immediately upon an Airline’s request, produce documentary evidence reasonably satisfactory to the Airline, that such licences are in effect or not necessary as the case may be; (e) any failure by the Agent to maintain applicable licences shall be regarded as an irremediable material breach giving an Airline the right to terminate this Agreement with immediate effect and without incurring any liability; (f) it shall communicate to all passengers that all tickets issued and all flights are subject to the applicable Airline’s Conditions of Carriage and Conditions of Contract and shall bring these to the attention of the passenger before the contract is concluded; (g) it shall ensure that passengers travelling on tickets for an Applicable Route issued by the agency or any of its sub agents pursuant to this Agreement are made aware that there may be visa requirements, restrictions on travel to certain destinations and health requirements; (h) it shall not make any representations to passengers on behalf of an Airline (save in relation to the provision of flight details and other information related to the services offered by the Airline as authorised by the Airline), nor shall it make any warranties on behalf of such Airline; (i) it shall conduct itself its business in accordance with the highest business standards normally expected of agents providing similar services and not do or permit or omit to be done anything which might could reasonably be expected to reflect adversely upon the business business, integrity or goodwill of Brightsun an Airline; (j) it shall promptly provide the applicable Airline’s with full details of any complaints received from passengers in relation to the air services marketed or operated by it or the other Airline or the other Airlines; (k) it shall not without the Airline’s written consent (and providing that, at the material time, such consent remains valid and effective) offer accommodation on scheduled air transportation services operated by the Airlines, other than those set out in the distributed tariff and addendums circulated to the Agent by the Airlines; (l) it shall not without prior written authority of the Airline (not to be unreasonably withheld or delayed) make any settlement of any claim arising out of matters described in 1.28Error: Reference source not found above; (m) it shall meet all expenses of, and incidental to, carrying on of the business of selling air transportation as an agent pursuant to this Agreement or the IATA Agency Agreement; (n) it shall in all cases comply with the Airline’s credit card verification procedures as notified by the Airline to the Agent from time to time. The Airlines will act in good faith to give the Agent reasonable prior notice of any changes to the procedures. For the avoidance of doubt, the Agent bears the risk of any credit card fraud experienced in respect of bookings made through it by third parties in respect of the Airlines’ services; (o) it shall provide the Airline with its full Agency details by signing up to VAA Flying Hub and Delta Airlines trade website xxx.xxxxx.xxx/xxxxxx and completing the registration form; (p) except as authorised by the Airline, it shall not to act in a way which will incur any liabilities on behalf of the Airline nor to pledge the credit of the Airline; (q) it shall comply with all reasonable and lawful instructions of the Airline from time to time concerning the marketing and sale of such Airline’s fares; and products and services (r) it shall describe itself in all dealings with the public and in all associated advertising and promotional material as “agent”, “booking agent” or “sales agent” of the Airline. 7.2 The Agent indemnifies and hold harmless in full and on a continuing basis the Airline, its directors, employees and officers from and against all and any Losses incurred as a result of: (a) the provision of inaccurate information to Airline by Agent; (b) the Agent’s or its Sub-Agents negligence or wilful misconduct; (c) the Agent or its Sub-Agent breaching any applicable law from time to time in force in any country of the world; and (d) the breach by the Agent or a Sub-Agent of any terms of this Agreement or the IATA Agency Agreement. 7.3 The Agent acknowledges and warrants that it has duly authorised and executed this Agreement and this Agreement constitutes a legally valid and binding obligation, enforceable against it in accordance with its terms. 7.4 The Agent shall comply with all applicable provisions (if any) of the US Department of Transport Enhancing Airline Passenger Protections: Final Rule including (a) comply with the full fare advertising rules in s399.84 in respect of the Airline’s flights; (b) comply with any CAA bonding requirements14 C.F.R. Part 257, all relevant legislation (including, without limitation, concerning the Data Protection Xxx 0000 and the ATOL Regulations), regulations, codes disclosure of practice, guidance notes and other requirements of any relevant government or governmental agency or IATAcodeshare services; (c) holdcomply with 14 C.F.R. Part 258, pursuant to concerning the ATOL Regulations its own ATOL licence with which it shall comply at all times, and if not shall then need to sign the Agency Agreement letter also.disclosure of change of gauge services; (d) advise Delivery of all individuals who have had travel arrangements issued applicable ticket notices, including without limitation the notice of incorporated terms required by 14 C.F.R. Part 253; the baggage liability notice required by 14 C.F.R. Part 254, international liability limitation notices required pursuant to this Contract: (i) that they must check the relevant entry requirements for any country the individual is visiting; (ii) that they must have the correct visas, passport, health certificates DOT Order 2006-10-14; and other documentation for the relevant journey at the time notice of travel; (iii) if the individual must re-confirm his/her return flight; and (iv) of the particular itinerary on which the individual will traveloverbooking required by 14 C.F.R. Part 250; (e) collect comply with the notice of baggage fees and be liable for all taxes, fees, charges and airline surcharges other fees requirements in s399.85 in respect of whatsoever nature in relation to air fares at the time of issuing the Tickets and reimburse Brightsun the relevant amount for any shortfall in collection in addition to paying for the relevant air faresAirline’s flights; (f) not sell before it accepts any payment from a consumer booking an Airline flight to, from or within the seats at Seat Only Fares US, get the consumer to a group give their written consent (10 or more individualsrecord through permanent means, the consumer giving their verbal consent) booked together on one flight; (g) incorporate to pay the Conditions of Carriage and all other relevant ticketing and contractual conditions and Agent or the Airline for any other conditions prescribed by the appropriate authority at the request of and for the benefit of the relevant Airline to form part of this Contract and all contracts entered into with individuals pursuant to this Contract; (h) keep secret and confidential all Confidential Information and shall only use post-purchase government imposed tax or disclose such information in order to properly perform its obligations under this Contract. The Agent shall be responsible to Brightsun and the Airlines in respect of any disclosure or use of such Confidential Information by a person to whom disclosure is made. This obligation of confidentiality shall not extend to any matter which becomes part of the public domain, other than as a breach of the provisions of this Clause, or as is required to be disclosed under any applicable law or court order. This Clause shall be deemed to survive termination of this Contractfee. (i) comply 7.5 In accordance with all reasonable instructions issued by Brightsun pursuant the Airline’s commitment to sustainable and ethical business practices the Agent warrants, represents and undertakes that when performing any service on behalf of or in connection with this Contract;any contract, agreement or course of dealing with the Airline, it shall: (ja) provide all reasonable assistance on enquiry not offer, promise, give or investigation by Brightsun receive any improper financial payment and/or other improper advantage to or from any Airlineperson, customer or supplier; and (kb) comply not make or offer, directly or indirectly, any payment, gift or other advantage to a foreign public official with Schedule 2the intention of influencing them and obtaining or retaining an advantage in the conduct of business. 9.2 7.6 The Agent warrants must display the each Airline and its fares, products and services in a position no less favourable than that given to Brightsun that the ATOL number set out on the signature page to this Contract has been issued directly to it any other carrier. The Airline’s lowest return scheduled fare must be displayed in any automated fares database accessible or used by the CAA and the ATOL licence to which it relates is in full force and effect, or if the Agent is not ATOL that the agency agreement will come into effectAgent. 9.3 The Agent will notify Brightsun immediately in writing if it acts or omits to act in a manner which causes the Agent to breach the ATOL Regulations or its ATOL licence, or if its ATOL licence is revoked, withdrawn, or suspended or if the terms of its ATOL licence are altered in any way. 9.4 The Agent will, if requested, provide Brightsun with a copy of the annual audited accounts or such other management accounts or other information reasonably requested by Brightsun for itself, its parent or holding company and any other subsidiary of any such company.

Obligations of the Agent. 9.1 The Agent shall: (a) conduct Conduct itself in accordance with the highest business standards and not do or permit or omit to be done anything which might reflect adversely upon the business integrity or goodwill of Brightsun or any Airline; (b) comply Comply with any CAA bonding requirements, all relevant legislation (including, without limitation, the Data Protection Xxx 0000 Act 1998 and the ATOL Regulations), regulations, codes of practice, guidance notes and other requirements of any relevant government or governmental agency or IATA; (c) holdHold, pursuant to the ATOL Regulations its own ATOL licence license with which it shall comply at all times, and if not shall notshall then need to sign the Agency Agreement letter also. (d) advise Advise all individuals who have had travel arrangements issued pursuant to this Contract: (i) that That they must check the relevant entry requirements for any country the individual is visiting; (ii) that That they must have the correct visas, passport, health certificates and other documentation for the relevant journey at the time of travel; (iii) if If the individual must re-confirm his/her return flight; and (iv) of Of the particular itinerary on which the individual will travel; (e) collect Collect and be liable for all taxes, fees, charges and airline surcharges of whatsoever nature in relation to air fares at the time of issuing the Tickets and reimburse Brightsun the relevant amount for any shortfall in collection in addition to paying for the relevant air fares; (f) not Not sell the seats at Seat Only Fares to a group (10 or more individuals) booked together on one flight; (g) incorporate Incorporate the Conditions of Carriage and all other relevant ticketing and contractual conditions and any other conditions prescribed by the appropriate authority at the request of and for the benefit of the relevant Airline relevantAirline to form part of this Contract and all contracts entered into with individuals pursuant to this Contract; (h) keep secret and confidential all Confidential Information and shall only use or disclose such information in order to properly perform its obligations under this Contract. The Agent shall be responsible to Brightsun and the Airlines in respect of any disclosure or use of such Confidential Information by a person to whom disclosure is made. This obligation of confidentiality shall not extend to any matter which becomes part of the public domain, other than as a breach of the provisions of this Clause, or as is required to be disclosed under any applicable law or court order. This Clause shall be deemed to survive termination of this Contract. (i) comply Comply with all reasonable instructions issued by Brightsun pursuant to or in connection with this Contract; (j) provide all reasonable assistance on enquiry or investigation by Brightsun or any Airline; and (k) comply with Schedule 2. 9.2 The Agent warrants to Brightsun that the ATOL number set out on the signature page to this Contract has been issued directly to it by the CAA and the ATOL licence license to which it relates is in full force and effect, or if the Agent is not ATOL that the agency agreement will come into effect. 9.3 The Agent will notify Brightsun immediately in writing if it acts or omits to act in a manner which causes the Agent to breach the ATOL Regulations or its ATOL licencelicense, or if its ATOL licence license is revoked, withdrawn, or suspended or if the terms of its ATOL licence license are altered in any way. 9.4 The Agent will, if requested, provide Brightsun with a copy of the annual audited accounts or such other management accounts or other information reasonably requested by Brightsun for itself, its parent or holding company and any other subsidiary of any such company.