Passenger Ticket Stock and Accounting Procedures. Continental will provide Gulfstream with Continental passenger ticket stock in accordance with the following procedures: A. Continental will supply Gulfstream with adequate supplies of all necessary passenger ticket forms, bag tags, boarding passes, validator plates and other documents and materials necessary to enable Gulfstream to operate in a manner consistent with Continental procedures, upon request to the office designated by Continental from time to time. A receipt for all ticket forms delivered to Gulfstream shall be signed by an appropriate representative of Gulfstream, and Gulfstream shall comply with Continental’s procedures with respect to the control of, safeguarding of and accounting for ticket stock and validator plates. All tickets and other documents and materials supplied by Continental for use in connection with this Agreement shall be and remain the property of Continental and shall be held in trust for Continental by Gulfstream and issued or otherwise utilized only as provided in this Agreement. B. Gulfstream shall be responsible for the safe and secure custody and care of all tickets and other documents and materials furnished by Continental. The tickets and other documents of Continental shall be secured in a manner satisfactory to Continental and consistent with any applicable IATA standards and specifications. Such tickets and documents and all records relating to them and to the sale of transportation on Continental shall at all times be made available for inspection by Continental or its designated representative. C. All tickets shall be issued by Gulfstream in accordance with the currently effective tariffs and contract of carriage applicable to the transportation being purchased and applicable trade manuals, all in accordance with appropriate instructions which may be issued from time to time by Continental. D. All tickets shall be issued by Gulfstream in numerical sequence and all must be accounted for at each reporting period. All auditor’s coupons for tickets issued by Gulfstream and all coupons of voided tickets shall be sent to the office or offices designated by Continental from time to time on the work day following issuance. E. All checks accepted for the sale of tickets on Continental ticket stock shall be payable to Continental and acceptance of checks shall conform to Continental’s acceptance procedures. Any losses resulting from returned checks where Gulfstream has failed to follow Continental’s acceptance procedures, will be charged to Gulfstream after Continental exhausts reasonable efforts to collect. F. All tickets issued for payment other than cash or check shall be supported by such documents as shall be specified by Continental. G. Gulfstream shall assume full liability for and agrees to defend, indemnify and hold Continental harmless from and against any and all claims, demands, liability, expenses, losses, costs or damages whatsoever in any manner arising out of or attributed to Gulfstream’s possession, issuance, loss, misapplication, theft, or forgery of tickets, other travel documents, or supplies furnished by Continental to Gulfstream including but not limited to lost ticket forms, bag tags, boarding passes or other documents and errors in ticket issuance. In the event Gulfstream loses or has stolen any ticket, fails to return tickets or other documents to Continental upon demand, fails to remit pursuant to this Agreement the monies to which Continental is entitled from the sale of any such ticket or document, or fails to account properly for any such tickets or document, Gulfstream shall be liable to Continental for the agreed value of any such ticket or document, which is agreed to be the actual damages or loss sustained by Continental from usage of any such ticket or document, as measured by the then current, non-discounted retail price of the transportation or other service obtained with the ticket or document or, if such value cannot be determined, $2,000.00 U.S. per ticket. H. Gulfstream may accept all credit cards honored by Continental and is appointed Continental’s agent for such purpose, provided: (i) Gulfstream observes the floor limits for each credit card set by the issuer of the credit card (“Card Issuer”) as amended by the Card Issuer from time to time; (ii) Gulfstream accepts each credit card within the terms of the contracts between Continental and Card Issuer; (iii) Gulfstream complies with Part 374 of DOT’s Economic Regulations; (iv) Gulfstream does not accept blacklisted cards; (v) Gulfstream shall reimburse Continental for any losses incurred by Continental as a result of Gulfstream’s failure to observe the terms of this section or of the contracts between Continental and the Card Issuer; (vi) Gulfstream complies with all of Continental’s procedures; and (vii) Gulfstream shall reimburse Continental for all charge backs, returns and other direct charges attributable to or arising from Gulfstream’s acceptance of credit cards, unless either (i) Continental has realized an offsetting credit (including through the return and cancellation of a previously issued ticket) or (ii) such charge back, return or other charge resulted from the gross negligence, recklessness, or willful misconduct of Continental. I. Gulfstream shall reimburse Continental for any credit card fees, commissions, discounts, etc., paid by Continental or deducted from payments made to Continental with respect to sales of tickets for travel on Gulfstream, and for any bad debt expense realized by Continental with respect to tickets sold by Gulfstream. J. Gulfstream shall prepare and furnish to Continental all written reports, accounts, and documentation with regard to ticket handling that Continental may require daily or at such lesser frequency as Continental may prescribe, at its sole discretion, from time to time during the life of this Agreement. Gulfstream will comply with all reasonable procedures specified by Continental with regard to ticket handling. Within two business days after the termination of this Agreement for any reason, Gulfstream will return to Continental all passenger ticket forms, bag tags, boarding passes and other documents provided to Gulfstream by Continental pursuant to this Agreement.
Appears in 2 contracts
Samples: Alliance Agreement (Gulfstream International Group Inc), Alliance Agreement (Gulfstream International Group Inc)
Passenger Ticket Stock and Accounting Procedures. Continental will provide Gulfstream Contractor with Continental passenger ticket stock in accordance with the following procedures:
A. Continental will supply Gulfstream Contractor with adequate supplies of all necessary passenger ticket forms, bag tags, boarding passes, validator plates and other documents and materials necessary to enable Gulfstream Contractor to operate in a manner consistent with Continental procedures, upon request to the office designated by Continental from time to time. A receipt for all ticket forms delivered to Gulfstream Contractor shall be signed by an appropriate representative of GulfstreamContractor, and Gulfstream Contractor shall comply with Continental’s 's procedures with respect to the control of, safeguarding of and accounting for ticket stock and validator plates. All tickets and other documents and materials supplied by Continental for use in connection with this the Agreement shall be and remain the property of Continental and shall be held in trust for Continental by Gulfstream Contractor and issued or otherwise utilized only as provided in this the Agreement.
B. Gulfstream Contractor shall be responsible for the safe and secure custody and care of all tickets and other documents and materials furnished by Continental. The tickets and other documents of Continental shall be secured in a manner satisfactory to Continental and consistent with any applicable IATA standards and specifications. Such tickets and documents and all records relating to them and to the sale of transportation on Continental shall at all times be made available for inspection by Continental or its designated representative.
C. All tickets shall be issued by Gulfstream Contractor in accordance with the currently effective tariffs and contract of carriage applicable to the transportation being purchased and applicable trade manuals, all in accordance with appropriate instructions instructions, which may be issued from time to time by Continental.
D. All tickets shall be issued by Gulfstream Contractor in numerical sequence and all must be accounted for at each reporting period. All auditor’s auditors' coupons for tickets issued by Gulfstream Contractor and all coupons of voided tickets shall be sent to the office or offices designated by Continental from time to time on the work day workday following issuance.
E. All checks accepted for the sale of tickets on Continental ticket stock shall be payable to Continental and acceptance of checks shall conform to Continental’s 's acceptance procedures. Any losses resulting from returned checks where Gulfstream Contractor has failed to follow Continental’s 's acceptance procedures, will be charged to Gulfstream Contractor after Continental exhausts reasonable efforts to collect.
F. All tickets issued for a form of payment other than cash or check shall be supported by such documents as shall be specified by Continental.
G. Gulfstream Contractor shall assume full liability for and agrees to defend, indemnify and hold Continental harmless from and against any and all claims, demands, liability, expenses, losses, costs or damages whatsoever in any manner arising out of or attributed to Gulfstream’s Contractor' possession, issuance, loss, misapplication, theft, or forgery of tickets, other travel documents, or supplies furnished by Continental to Gulfstream Contractor including but not limited to lost ticket forms, bag tags, boarding passes or other documents and errors in ticket issuance. In the event Gulfstream Contractor loses or has stolen any ticket, fails to return tickets or other documents to Continental upon demand, fails to remit pursuant to this the Agreement the monies to which Continental is entitled from the sale of any such ticket or document, or fails to account properly for any such tickets or document, Gulfstream Contractor shall be liable to Continental for the agreed value of any such ticket or document, which is agreed to be the actual damages or loss sustained by Continental from usage of any such ticket or document, as measured by the then current, non-discounted retail price of the transportation or other service obtained with the ticket or document or, if such value cannot be determined, $2,000.00 U.S. US [*] per ticket.
H. Gulfstream Contractor may accept all credit cards honored by Continental and is appointed Continental’s 's agent for such purpose, provided:
(i) Gulfstream observes the floor limits for each credit card set by the issuer of the credit card (“Card Issuer”) as amended by the Card Issuer from time to time;
(ii) Gulfstream accepts each credit card within the terms of the contracts between Continental and Card Issuer;
(iii) Gulfstream complies with Part 374 of DOT’s Economic Regulations;
(iv) Gulfstream does not accept blacklisted cards;
(v) Gulfstream shall reimburse Continental for any losses incurred by Continental as a result of Gulfstream’s failure to observe the terms of this section or of the contracts between Continental and the Card Issuer;
(vi) Gulfstream complies with all of Continental’s procedures; and
(vii) Gulfstream shall reimburse Continental for all charge backs, returns and other direct charges attributable to or arising from Gulfstream’s acceptance of credit cards, unless either (i) Continental has realized an offsetting credit (including through the return and cancellation of a previously issued ticket) or (ii) such charge back, return or other charge resulted from the gross negligence, recklessness, or willful misconduct of Continental.
I. Gulfstream shall reimburse Continental for any credit card fees, commissions, discounts, etc., paid by Continental or deducted from payments made to Continental with respect to sales of tickets for travel on Gulfstream, and for any bad debt expense realized by Continental with respect to tickets sold by Gulfstream.
J. Gulfstream shall prepare and furnish to Continental all written reports, accounts, and documentation with regard to ticket handling that Continental may require daily or at such lesser frequency as Continental may prescribe, at its sole discretion, from time to time during the life of this Agreement. Gulfstream will comply with all reasonable procedures specified by Continental with regard to ticket handling. Within two business days after the termination of this Agreement for any reason, Gulfstream will return to Continental all passenger ticket forms, bag tags, boarding passes and other documents provided to Gulfstream by Continental pursuant to this Agreement.
Appears in 2 contracts
Samples: Capacity Purchase Agreement (Republic Airways Holdings Inc), Capacity Purchase Agreement (Republic Airways Holdings Inc)
Passenger Ticket Stock and Accounting Procedures. Continental will provide Gulfstream Contractor with Continental passenger ticket stock in accordance with the following procedures:
A. Continental will supply Gulfstream Contractor with adequate supplies of all necessary passenger ticket forms, bag tags, boarding passes, validator plates and other documents and materials necessary to enable Gulfstream Contractor to operate in a manner consistent with Continental procedures, upon request to the office designated by Continental from time to time. A receipt for all ticket forms delivered to Gulfstream Contractor shall be signed by an appropriate representative of GulfstreamContractor, and Gulfstream Contractor shall comply with Continental’s 's procedures with respect to the control of, safeguarding of and accounting for ticket stock and validator plates. All tickets and other documents and materials supplied by Continental for use in connection with this the Agreement shall be and remain the property of Continental and shall be held in trust for Continental by Gulfstream Contractor and issued or otherwise utilized only as provided in this the Agreement.
B. Gulfstream Contractor shall be responsible for the safe and secure custody and care of all tickets and other documents and materials furnished by Continental. The tickets and other documents of Continental shall be secured in a manner satisfactory to Continental and consistent with any applicable IATA standards and specifications. Such tickets and documents and all records relating to them and to the sale of transportation on Continental shall at all times be made available for inspection by Continental or its designated representative.
C. All tickets shall be issued by Gulfstream Contractor in accordance with the currently effective tariffs and contract of carriage applicable to the transportation being purchased and applicable trade manuals, all in accordance with appropriate instructions instructions, which may be issued from time to time by Continental.
D. All tickets shall be issued by Gulfstream Contractor in numerical sequence and all must be accounted for at each reporting period. All auditor’s auditors' coupons for tickets issued by Gulfstream Contractor and all coupons of voided tickets shall be sent to the office or offices designated by Continental from time to time on the work day workday following issuance.
E. All checks accepted for the sale of tickets on Continental ticket stock shall be payable to Continental and acceptance of checks shall conform to Continental’s 's acceptance procedures. Any losses resulting from returned checks where Gulfstream Contractor has failed to follow Continental’s 's acceptance procedures, will be charged to Gulfstream Contractor after Continental exhausts reasonable efforts to collect.
F. All tickets issued for a form of payment other than cash or check shall be supported by such documents as shall be specified by Continental.
G. Gulfstream Contractor shall assume full liability for and agrees to defend, indemnify and hold Continental harmless from and against any and all claims, demands, liability, expenses, losses, costs or damages whatsoever in any manner arising out of or attributed to Gulfstream’s Contractor' possession, issuance, loss, misapplication, theft, or forgery of tickets, other travel documents, or supplies furnished by Continental to Gulfstream Contractor including but not limited to lost ticket forms, bag tags, boarding passes or other documents and errors in ticket issuance. In the event Gulfstream Contractor loses or has stolen any ticket, fails to return tickets or other documents to Continental upon demand, fails to remit pursuant to this the Agreement the monies to which Continental is entitled from the sale of any such ticket or document, or fails to account properly for any such tickets or document, Gulfstream Contractor shall be liable to Continental for the agreed value of any such ticket or document, which is agreed to be the actual damages or loss sustained by Continental from usage of any such ticket or document, as measured by the then current, non-discounted retail price of the transportation or other service obtained with the ticket or document or, if such value cannot be determined, US $2,000.00 U.S. [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] per ticket.
H. Gulfstream Contractor may accept all credit cards honored by Continental and is appointed Continental’s 's agent for such purpose, provided:
(i) Gulfstream observes the floor limits for each credit card set by the issuer of the credit card (“Card Issuer”) as amended by the Card Issuer from time to time;
(ii) Gulfstream accepts each credit card within the terms of the contracts between Continental and Card Issuer;
(iii) Gulfstream complies with Part 374 of DOT’s Economic Regulations;
(iv) Gulfstream does not accept blacklisted cards;
(v) Gulfstream shall reimburse Continental for any losses incurred by Continental as a result of Gulfstream’s failure to observe the terms of this section or of the contracts between Continental and the Card Issuer;
(vi) Gulfstream complies with all of Continental’s procedures; and
(vii) Gulfstream shall reimburse Continental for all charge backs, returns and other direct charges attributable to or arising from Gulfstream’s acceptance of credit cards, unless either (i) Continental has realized an offsetting credit (including through the return and cancellation of a previously issued ticket) or (ii) such charge back, return or other charge resulted from the gross negligence, recklessness, or willful misconduct of Continental.
I. Gulfstream shall reimburse Continental for any credit card fees, commissions, discounts, etc., paid by Continental or deducted from payments made to Continental with respect to sales of tickets for travel on Gulfstream, and for any bad debt expense realized by Continental with respect to tickets sold by Gulfstream.
J. Gulfstream shall prepare and furnish to Continental all written reports, accounts, and documentation with regard to ticket handling that Continental may require daily or at such lesser frequency as Continental may prescribe, at its sole discretion, from time to time during the life of this Agreement. Gulfstream will comply with all reasonable procedures specified by Continental with regard to ticket handling. Within two business days after the termination of this Agreement for any reason, Gulfstream will return to Continental all passenger ticket forms, bag tags, boarding passes and other documents provided to Gulfstream by Continental pursuant to this Agreement.
Appears in 1 contract
Samples: Capacity Purchase Agreement (Continental Airlines Inc /De/)