### BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC

____________________________________ )

Application of )

)

VIRGIN AMERICA INC. ) Docket No. DOT

- OST

- 201 2

-

______ )

for a statement of authorization )

under 14 C

. F

. R

. Part 212 )

)

APPLICATION OF VIRGIN AMERICA INC.

FOR A STATEMENT OF AUTHORIZATION

Communications with respect to this document should be sent to:

John Varley

Senior Vice President &

General Counsel

Virgin America Inc.

555 Airport Bou levard, Suite 500

Burlingame, CA 94010

(650) 762

- 7108

(650) 762

- 7001 (fax)

john.varley@virginamerica.com John E. Gillick

Jonathon H. Foglia

Zuckert, Scoutt & Rasenberger L.L.P.

888 Seventeenth Street, N. W., Suite 700

Washington, DC 20006

Tel: (202) 973

- 7939

Fax: (202) 342

- 0683

jegillick@zsrlaw.com

jhfoglia@zsrlaw.com

Counsel for

Virgin America Inc

.



### June 11 , 2012

NOTICE: Answers to this Application ordinarily would be d ue on or before June

20

, 2012. Virgin America is requesting expedited treatment of this Application and

will poll the air carrier representatives served with this Application and notify the

Depart ment of the results

.1 

### BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC

____________________________________ )

Application of )

)

VIRGIN AMERICA INC. ) Docket No. DOT

- OST

- 2012

-

______ )

for a statement of autho rization )

under 14 C

. F

. R

. Part 212 )

)

APPLICATION OF VIRGIN AMERICA INC.

FOR A STATEMENT OF AUTHORIZATION

Virgin America Inc. (“ Virgin America ”) hereby applies for a blanket statement of

authorization under 14 C.F.R. Part 212 in order to enga ge in codeshare services with Virgin

Australia International Airlines Pty Ltd

. (“ V irgin Australia”)

, as more fully described herein.

In support of this Application, Virgin America respectfully states as follows:

1. On May 30 , 2012, Virgin America and V irgin Australia entered into an agreement

to engage in codeshare services (the “Codeshare Agreement”). A copy of the Codeshare

Agreement is attached hereto (Exhibit A). 1 

### Virgin America and Virgin Australia plan to initiate

the proposed codeshare services on o r about Jul y 3 , 2012.

2. Virgin America requests a statement of authorization to display Virgin Australia’s

“VA” designator code on flights operated by Virgin America between any points in the United

States, in conjunction with foreign air transportation of p ersons, property and mail held out by

Virgin Australia between a point or points in Australia (either non

- stop or via third country

1 As is customary for requests of this nature, commercially sensitive information has been redacted from the

attached Codeshare Agreement. A copy of the unredacted version of the Codeshare Agreement is being provided

to the Department.2 

### intermediate points) , on the one hand, and a point or points in the United States , on the other

hand . The initial routes co vered by the Codeshare Agreement are set forth in Appendix A to this

Application.

3. Additionally, under the Department’s Notice in the Matter of Blanket Notification

of Codeshare Service to Open

- Skies Partners and Points, issued February 9, 2009, Virgin

Amer ica hereby provides blanket notification of its intent to display Virgin Australia’s “VA”

designator code in conjunction with foreign air transportation of persons, property and mail held

out b y Virgin Australia between Open

- Skies points. Virgin America w ill notify the Department

of any additional or substitute codeshare services only with regard to services to non

- Open

- Skies

countries. Such notification will be provided no later than 30 days before commencing such

codesharing and will include the market (s) to be served and the date on which the service will

begin.

4. Virgin America and Virgin Australia hold all authority necessary to conduct these

operations. Virgin America is authorized to engage in interstate air transportation of persons,

property and m ail pursuant to its certificate of public convenience and necessity, Order 2007

- 8

-

17 (confirming oral actions and issuing effective certificate) . Similarly, Virgin Australia holds a

foreign air carrier permit to engage in “[s] cheduled foreign air transpor tation of persons,

property, and mail from points behind Australia, via Australia and intermediate points, to a point

or points in the United States, and beyond.” Order 2009

- 9

- 18. 2

2 The foreign air carrier permit was issued to Virgin Blue International Airlines Pty Ltd. d/b/a V Australia . On May

11, 2011, the carrier by letter to DOT requeste d that its name be changed to Virgin Australia International Airlines

Pty. Ltd. d/b/a V Australia, and this request was approved on May 24, 2011. On December 5, 2011, the carrier

notified the Department of its in tent to discontinue the use of and de

- regis ter the V Australia trade name, and to

trade as Virgin Australia as of January 1, 2012. This request was acknowledged by the Department on December

29, 2011.3 

### 5. The requested codeshare authorizations are c onsistent with the current Op en

Skies Agreement between the United States and Australia 3 

### as well as the public interest. See

Statement of United States International Air Transportation Policy, 60 Fed. Reg. 21841 (May 3,

1995) ( recognizing the public benefits offered by codeshare agre ements between U.S. and

foreign air carriers )

.

6. Virgin America agrees to accept the standard conditions typically applicable to

codeshare authority such as that requested in this Application. Virgin Ameri ca and Virgin

Australia will conduct all of their codeshare operations in compliance with 14 C

. F

. R

. Part 257.

Virgin America respectfully requests that the Department waive its requirement under 14 C

. F

. R

.

212.10(d)(2) that requests for Statements of Authorization be filed 45 days in advance of the

propos ed date of implementation.

7. Should the Codes hare Agreement cease to be effective, Virgin America will

notify the Department accordingly.

8. Virgin America requests that the blanket statement of authorization be granted for

an indefinite period, so long as the Codeshare Agreement continues in effect, consistent with the

Department’s practice in previous code share proceedings.

9. Virgin America reque sts expedited approval of this A pplication in order to

facilitate the initiation of the codeshare services described above at an early date.

3 See Air Transport Agreement between the Government of the United States of America and the Gov ernment of

Australia (Feb. 14, 2008) (“Open

- Skies Agreement”), Article 8, Para. 7 and Annex 1, §§ 1

- 2.4 

### WHEREFORE, based on the foregoing, Virgin America respectfully requests a statement

of authorization to fully implement the code share arrangements provided for in the Codeshare

Agreement. Virgin America further request that the D epartment grant such other relief as it

considers consistent with this Application and the public interest.

Respectfully submitted,

John E. Gillick

Jonathon H. Foglia

Zuckert, Scoutt & Rasenberger L.L.P.

888 Seventeen th Street, NW, Suite 700

Washington, DC 20006

Tel: (202) 973

- 7939

Fax: (202) 342

- 0683

jegillick@zsrlaw.com

jhfoglia@zsrlaw.com

Counsel for

Virgin America Inc.

June 11 , 2 012

### Appendix A

Display of Virgin Australia ’s “VA” Designator Code on Virgin America Operated Flights

Routing:

From/To Los Angeles, California (LAX)

Boston, Massachusetts (BOS)

Chicago, Illinois (ORD)

Dallas/Forth Worth, Texas (DFW)

Ft. Lauderdale, Flori da (FLL)

Philadelphia, Pennsylvania (PHL)

Portland, Oregon (PDX)

Seattle, Washington (SEA)

Washington, D.C. (IAD)

### CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application of Virgin America Inc. for a

statement of authorization was served this 11th day of June , 2012, via email transmission on the

following persons:

carl.nelson@aa.com

jrichardson@johnlrichardson.com (Counsel for Amerijet In ternational)

lachter@starpower.net (Counsel for ASTAR Air Cargo)

rpommer@atlasair.com

sascha.vanderbellen@delta.com

sametta.c.barnett@delta.com

tom.lydon@evergreen.com

charters@evergreenairlines.com

anbird@fedex.com

sllunsford@fedex.com

jhill@dowlohnes.com (Counsel for Hawaiian Airlines)

matwood@cozen.com (Counsel for Kalitta Air)

kevin.montgomery@polaraircargo.com

peter.beckett@polaraircargo.com

dan.weiss @united.com

hershel.kamen@united.com

rbkeiner@crowell.com (Counsel for United Airlines)

gmurphy@crowell.com (Counsel for United Airlines)

lhalloway@crowell.com (Counsel for United Airlines)

anita.mosner@hklaw.com (Counsel for United Parcel Service )

howard.kass@usairways.com

benjamin.slocum@usairways.com

mlbenge@zsrlaw.com (Counsel for World Airways)

urskr@stat e.gov

susan.kurland@dot.gov

esta.rosenberg@dot.gov

todd.homan@dot.gov

peter.irvin e@dot.gov

john.allen@faa.gov

Jonathon H. Foglia

# EXHIBIT A1 of 4 

### APPENDIX A

FREQUENCY AND SCHEDULE PLANNING

to the Codes hare Agreement made effective as of 14 May 2012 between Virgin Australia

(VA) and Virgin America ( VX )

1. Codeshare Flights

Virgin Australia is entitled to display its two letter designator code on the

following routes operated by Virgin America :

Los Angeles (LAX) to and from:

Boston (BOS)

Washington, D.C. (IAD)

Fort Lauderdale (FLL)

Dallas (DFW)

Chicago (ORD)

Philadelphia (PHL)

Seattle (SEA)

Portland (PDX)

VA* VX

Flight Direction Dep Arr

6001 89 IADLAX IAD LAX

6002 112 LAXIAD LAX IAD

6003 97 IADLAX IAD LAX

6004 114 LAXIAD LAX IAD

6005 99 IADLAX IAD LAX

6006 124 LAXPHL LAX PHL

6007 125 PHLLAX PHL LAX

6008 126 LAXPHL LAX PHL

6009 121 PHLLAX PHL LAX

6010 232 LAXORD LAX ORD

6011 233 ORDL AX ORD LAX

6012 236 LAXORD LAX ORD

6013 241 ORDLAX ORD LAX

6014 228 LAXORD LAX ORD

6015 327 FLLLAX FLL LAX

6016 334 LAXFLL LAX FLL

6017 321 FLLLAX FLL LAX2 of 4 

### 6018 338 LAXFLL LAX FLL

6019 337 FLLLAX FLL LAX

6020 336 LAXFLL LAX FLL

6021 363 BOSLAX BOS LAX

6022 366 LAXBOS LAX BOS

6023 365 BOSLAX BOS LAX

6024 360 LAXBOS LAX BOS

6025 367 BOSLAX BOS LAX

6026 370 LAXBOS LAX BOS

6027 883 DFWLAX DFW LAX

6028 878 LAXDFW LAX DFW

6029 879 DFWLAX DFW LAX

6030 874 LAXDFW LAX DFW

6031 798 SEALAX SEA LAX

6032 783 LAXSEA LAX SEA

6033 780 SEALAX SEA LAX

6034 797 LAXSEA LAX SEA

6035 796 SEALAX SEA LAX

6036 802 LAXPDX LAX PDX

6037 803 PDXLAX PDX LAX

6038 808 LAXPDX LAX PDX

6039 809 PDXLAX PDX LAX



### 2. Codes hare Schedule Operations

The Parties shall:

(a) es tablish a dedicated flight number range for use by VA with r espect to the

Codeshare Flights : and

(b) establish an automated transfer of flight schedule information between both

Parties to allow efficient loading of the Codes hare Flights prior to filing with

O AG and INNOVATA

.

(c) VX SSIM (With Virgin Australia Codeshare DEI10s) to be sent from Virgin

America weekly on Tuesday 1200 San Francisco local time ( Wednesday

0500 Brisbane local time)

For ad

- hoc changes between prior to departure, SSIMs to be sen t

for operational changes to :

.3 of 4 

### For ad

- hoc changes between prior to departure Operational Control

Center (VX) and G uest Reaccommodation Control Centre (G RC VA) will

coordinate.

GRC (VA):

VX:

(d) Both Virgin America and Virgin Australia will complete a validation

check between what is held in their respective reservations systems and

Codeshare h olding system. The day of validation is determined by respective

carrier.

3. Schedule and Equipment Changes

P lanned schedule changes or major aircraft substitutions shall be communicated

via the following addresses:

(a) Contacts

VX :

VA: Virgin Australia Schedules Planning FTP:

E- mail

(b) N ormal Schedule Change (seasonal change)

VA

E- mail:

VX



### E- mail:

(c) Schedule Change / Irregularities (ad -hoc change – outside )



### VA

E- Mail:



### VA: Virgin Australia Schedules Planning FTP:

E- mail: s

(f) Notification of flight cancellation within 24 H ours of scheduled departure

time s hall be sent to following addresses:1 of 4 

### APPENDIX B

STATION PROCEDURES

to the Free S a le Codes hare Agreement made effective as of 14 May 2012 between Virgin

America ( VX ) and Virgin Australia ( VA ).

Defined terms in this Appendix B shall have the same meaning as those defined terms in the Free

Sale Codeshare Agreement between the parties.

1. Ground Handling

1.1 The Operating Carrier shall be responsible for providing ground handling facilities for the

Operating Carrier ’s Codeshare flights and , if applicable, shall be charged for all costs

attrib utable to handling as set out in any ground handling agreements between the Parties.

1.2 T he Marketing Carrier shall not ticket Unaccompanied Minors to be carried by the

Operating Carrier as Codeshare passengers under this agreement.

2. Check -In Procedures

2.1 Passengers

Only the Operating Carrier’s flight number will be shown on the boarding passes and

only the Operating flight number will appear on baggage tags.

Through check

- in will be performed up to passengers’ final destination for all C odeshare

P assengers in accordance with the Operating Carrier’s through check

- in procedures,

including Advanced Passenger Information System (APIS) data transmission, if required

at final destination. For the purposes of this Appendix B, APIS data shall be deemed to

include full name, date of birth, passport number and expiry date, passport country of

issuance, nationality, gender, place of embarkation and final destination.

2.2 Baggage Allowances

As per article 8h of the A greement, t he Marketing Carrier’s Condition s of Carriage apply

to checked baggage, including sporting equipment.

For cabin b aggage the O perating C arrier ’s rules apply only if the operating carrier has less

restrictive cabin baggage allowances

. Otherwise, the Marketing Carrier’s cabin baggage

allo wances apply.

Both parties will honor the applicable regulatory requirements for baggage.2 of 4 

### 3. Staff Travel

Non

- revenue or reduced revenue travel on the Codeshare services shall be administered

by the O perating Carrier and only booked using the Op erating Carrier ’s designator code.4 of 4 

### ab sorb the costs of overnight expenses, meals, or other incidental expenses of Codeshare

Passengers

. For the avoidance of doubt, the Operating Carrier is not responsible for such

costs when the operational delay or missed connection is caused by the inboun d carrier’s

delayed operation.

5.5 Involuntary Rerouting

C odeshare P assengers are to be re

- booked primarily to another VA or VX flight and then

as the O perating C arrier sees fit, in accordance with its standard operating procedures.

6. Missed Connections

The Party responsible for the irregularity shall cover the reasonable costs of providing

passenger amenities to C odeshare P assengers who fail to make their connections (i.e.

flight cancellation, short term equipment changes or overbooking). The passenger

amenities shall include items such as hotel accommodation, meals and denied boarding

compensation as appropriate in accordance with the applicable conditions of carriage.

7. Baggage Irregularities

The Operating Carrier shall absorb costs for delivery, replacement and temporary

settlement and handle such irregularities according to the applicable conditions of

carriage unless those expenses are the result of a missed connection caused by the

Marketing Carrier, as described in section 6.

8. Document Control

Document control shall be performed to final destination. The party responsible for any

documentation irregularity shall be liable for any infringement notices or fines imposed

by any regulatory authority where an issue arises in respect of a Code share Passenger’s

documentation.

9. Not used

10. Not used

11. Representatives

The departments responsible for the administration of this Appendix are:

Virgin America:

Airport Issues:

Virgin Australia :1 of 6 

### APPENDIX C

to the Free Sale Codes hare Agreement

between

Virgin America ( VX )

a nd

Virgin Australia (VA)

Effective as of 14 May 2012

RESERVATIONS AND SEAT HANDLING PROCEDURES

to the Codes hare Agreement made effective as of 14 May 2012 between Virgin Ame rica ( VX )

and Virgin Australia (VA)

1. Inventory Control

(a) The inventory of C odeshare F lights shall be fully controlled by the Operating Carrier

. Each Part y is responsible for its reservations as well as maintenance of booking.

(b) The Operating Carrier shall grant the Marketing Carrier access to space on a Free Flow

basis in all classes in accordance to the Special Prorate Agreement,

(c) Traffic restrictions will be applied to codeshare flights by the Marketing Carrier as

required.

(d) PNR recor ded in the correct booking classes of the Operating Carrier inventory and

shown as such on the Operating Carrier PNL, shall be sole proof of authenticity of

passengers booked on the flight number. All other C odeshare P assengers presenting

themselves at check

- in counters shall be accommodated on seat available basis.

(e) C lass mapping will in no case be taken into consideration as an instrument to calculate

the value of the Marketing Carrier’s coupons.

(f) The parties shall periodically review and modify the mapping of seat inventory to

ensure that the Marketing C arrier’s inventory classes are mapped to the comparable

inventory classes of the Operating Carrier.

2. Special Passenger Requirements4 of 6 

### 3. Advance Seat Request (ASR) Bookings

ASR bookings shall be made directly with the O perating C arrier.

4. S ales

Sales on VX operated flights may be made up to aircraft departure.

The Operating Carrier agrees to honor the space on the Code s hare Flights in respect of

tickets issued and confirmed booking held for each passenger by the Marketing C arrier.

All Code s hare sales are considered as guaranteed sells and can not be rejected even if an

oversold situation occurs with those sales . In case a severe volume of sales to the same

flight/class occurs, both carriers will coordinate to re

- accommodate those overbooked

sales. In order to avoid the overbookin g issue, whenever Operating carrier receive a

Codeshare sale for the flight/class is closed, the operating carrier will automatically send

an AVS message to the M arketing C arrier.

The sales quota per segment sell transaction shall be set as follows

Virg in America Operating

– Virgin Australia operating – N/A

5. Data Transfer

The Marketing Carrier will sell seats on Codeshare F lights based on availability displays

controlled by AVS messages forwarded by the Operating Carrier.

The Marketing Carrie r inventory control will automatically transfer the reservation records

for a Codeshare Flight to the Operating Carrier at the following SITA addresses:

VX

Test System Information VA

Test System Information

6. Group Bookings

A Group B ooking is defined as 10 or more passengers

. Groups can be booked on the

Operating Carrier only by special request to the contact below and is subject to the

Operating Carrier’s discretion

.5 of 6 

### Contacts:

Requests to

7. Dupl icate Booking Control

1. If, in the opinion of the Operating Carrier, there are duplicate bookings in respect of a

Codes hare Flight, the Operating Carrier shall inform the Marketing C arrier of the

duplicate booking through the systems set out in point 2 of this clause 7. The Marketing

C arrier shall remove all confirmed duplicate bookings without delay.

2. Virg i n America notifies the Marketing C arrier through

8. Flight Firming

The Marketing Carrier will perform flight firming for the mar keting flight reservation by

using its own procedures. In case there is a high number of no show resulted from the

insufficient action by the Marketing Carrier, the Operating Carrier can request the

Marketing Carrier to perform the flight firming and the Marketing Carrier shall fully

cooperate with the Operating Carrier in order to reduce the high number of no show

passengers.

9. S chedule Change and Flight Irregularities

1. Flight irregularities shall be handled in accordance with the O perating C arriers standards

and procedures. The Ope rating C arrier will inform the Marketing Carrier by ASC

message and email about delays, schedule change and cancellations specifying the flight

irregularity reason so that the Marketing Carrier will know if Codeshare Passe ngers are

entitle to compensation because of the i rregularity.

10. Ticket ing Time Limits

Each Carrier shall handle ticket ing time limit s (TTLs) according to its own policy.

11. Name Change Policy

The Operating Carrier will permit name changes in accordance with the Marketing

Carrier ’ s fare rules

.

12. C ontact List:1 of 2 

### APPENDIX D

REVENUE ACCOUNTING PROCEDURES

to the Free Sale Codeshare Agreement made effective as of 14 May 2012 between Virgin

America (VX ) and Virgin Australia International Australia (VA).

1. Period

1.1. The operational period for the codeshare will commen ce for first travel of 17 June 2012

2. Accounting procedures

2.1. The accounting of flight coupons shall be in accordance with the rules of the IATA

Revenue Accounting Manual (RAM). Billing shall be in accordance with the Unilateral

Special Prorate Agreement (SP A) in force between VX and VA

. Where the SPA is not

applicable, the Multilateral Prorate Agreement (MPA) shall apply.

2.2. In the event that the Operating Carrier uplifts flight coupons issued by a third party

ticketing carrier that are closed to the flights o f the Marketing Carrier , the Operating

Carrier may bill the ticketing carrier without recourse to an endorsement from the

Marketing Carrier. If the Operating Carrier does not have any Interline Ticketing

Agreements with the issuing airline and such ticket is uplifted, it will be billed directly to

the Marketing Carrier. The Marketing Carrier will honor such debits from the Operating

Carrier and direct billing to the issuing carrier. This clause shall constitute an

endorsement waiver agreement for the purposes of RAM A3 1.3.4 and a copy of this

clause shall be supplied to the ticketing carrier if requested.

2.3. In case of billing dispute on application of either the SPA or the Codeshare Agreement,

Reservation Booking Designator (RBD) take precedence of all other elements in the

SPA/Codeshare Agreement. Example: disagreement on joint carriage, fare basis,

unpublished fares or private fares etc, SPA and/or Codeshare Agreement should be

applied as per RBD used on ticket(s), if the SPA includes concerned RBD.

2.4. All in terlineable TFCs (Tax, Fees and Charges) shall be paid by the Operating Carrier

(OC) for all passengers having the Marketing Carrier’s (MC) tickets. These interlineable

TFC’s shall be invoiced to the MC by the OC regardless collected or not on the ticket.

3. Each Party will make separate and independent decisions (and without consulting the

other party) relating to fares and carrier imposed charges (including , for example,

baggage fees, and carrier imposed surcharges)

.2 of 10 

### (NOT FOR PUBLIC DISCLOSURE)4 of 10 

### APPENDIX E1

EMERGENCY / CRISIS MANAGEMENT PROCEDURES

to the Code Share Agreement made effective as of 14 May 2012 between Virg i n America ( VX )

and Virgin Australia (VA)

1 INTRODUCTION

1.1 Th is Crisis Management Plan is designed for the effective co

- ordination and management of

the overall operational and media responses to a crisis affecting a C odeshare passenger or

cargo flight anywhere in the world.

1.2 It s ets out the roles and responsibi lities of both the Operating Carrier and the Marketing

Carrier to achieve seamless co

- ordination and communications amongst the partners in the

management of a crisis.

1.3 Both the Operating and the Marketing Carriers will benefit from this Plan.

2 COMMI TMENTS

2.1 The Operating Carrier and the Marketing Carrier s hould each have a corporate Crisis

Management or Emergency Response Plan, including a Special Assistance Team to render

assistance to the affected passengers, crew, ground casualties and the ir re latives.

2.2 The Operating Carrier and the Marketing Carrier should each be committed to provide the

resources necessary to execute the corporate Crisis Management/Emergency Response Plan

2.3 The Operating Carrier is responsible for the overall managemen t of a crisis, including all the

agreed costs incurred by the Marketing Carrier and their service providers in rendering the

assistance or services

, if assistance is formally requested and specific services agreed upon by

the Operating C arrier for the dura tion of the emergency.

2.4 The Marketing Carrier upon a request by the Operating Carrier, shall render all the agreed

necessary supports to the Operating Carrier to minimize the consequences and effects of a

crisis affecting a Codeshare Flight.

3 SCOPE

3.1 This Plan is to be activated for an aircraft crash and may be activated for other emergencies

involving a C odeshare P assenger or cargo flight on agreement by the parties

.

3.2 The extent of the request of support from the Marketing Carrier is to be d ecided by the

Operating Carrier , taking into consideration the severity of the situation.

4 CORPORATE RESPONSES AND COMMAND AND CONTROL5 of 10 

### 4.1 The Operating Carrier is responsible for the corporate emergency response, including the

policy decisions, to a crisis affecting its own flight anywhere in the world. It is also

responsible for the overall command and control of the emergency response.

4.2 The Operating Carrier shall immediately launch its operational and media responses to a

crisis when it becomes k nown. In the event of a crisis occurring outside its home base, it

shall, as soon as possible launch an Emergency Response Team from Headquarters or from

its nearest station to the crisis site to manage the crisis.

4.3 In the event of any accident of seri ous incident involving C odeshare flights, the Operating

Carrier will:

a) permit one or more representative of the Marketing Carrier to be present at the Operating

Carrier emergency Customer Information Centre. The role of the Marketing Carrier’s

represen tative(s) is to collate information on the Marketing Carrier’s passengers and their

families, and to provide information and assistance to the Operating Party. The Marketing

Carrier’s representative(s) cannot provide directions or instructions to the Oper ating Carrier

.

b) provide the representatives specified below with all appropriate information collected by the

Operating Carrier’s call centre in relation to Marketing Carrier’s passengers.

c) provide the Marketing Carrier with copies of all appropriate correspondences passing between

the Operating Carrier and Codeshare P assengers and their relatives and representatives.

d) afford the Codeshare Passengers and their relatives the same family assistance, services and

benefits as passenger of the Ope rating Carrier aboard the incident aircraft.

e) provide the Marketing Carrier with all appropriate information in relation to the investigation

of the accident as permitted by the government authority of the O perating C arrier

5 GEOGRAPHICAL AREAS OF RES PONSIBILITIES

5.1 The Operating Carrier is responsible for managing a crisis affecting any one of its flights

anywhere in the world from the time of its occurrence until it is resolved.

5.2 However, in the event that a crisis were to occur in respect of a Codeshare Flight in a location

within the Marketing Carriers ’ home base or flight information region and in which the

Operating Carrier does not have a physical presence in the form of an operating office

whereas the Marketing Carrier has such a physical presence, then the Marketing Carrier may

be requested to provide assistance

, and if agreed upon with managing the immediate

humanitarian care and assistance to the affected passengers, crew, groun d casualties and

their families. If the parties agree, t h e Marketing Carrier shall use its own resources,

facilities, equipment and procedures to provide any such assistance at the expense of the

Operating Carrier . This support is to be provided for a maximum period or until

the arrival of the Operat ing Carrier’s resources, whichever is earlier.

6 NOTIFICATION OF CRISIS TO MARKETING CARRIERS6 of 10 

### 6.1 The Operating Party shall email or telephone the details of the crisis to the Marketing Carrier within

an hour of a crisis becoming known.



### 6.2 The Operati ng Carrier 

### must provide the following information to the Marketing Carrier 

### s’

Network Operations Centre Duty Manager:

6.2.1 the name, and designation of the affected airline.

6.2.2 the flight number, the aircraft type and the flight sector.

6.2.3 the typ e of crisis i.e.: crash, hijack, trapped aircraft, etc.

6.2.4 the date and the time the crisis occurred.

6.2.5 the location of the crisis i.e.: at the airport, city, ocean, etc.

6.2.6 the estimated number of passengers and crew (passenger aircraft) or the estimated cargo load

and crew (cargo aircraft).

6.2.7 the number of ground casualties and the extent of third party damages, if the information is

available.

6.3 Upon receipt of the information, the Marketing Carrier 

### 's Duty Manager shall immediately

a ctivate the Marketing Carrier 

### ’s crisis management machinery internally. The Operating

Carrier 

### shall provide information on the flight number, aircraft type, route sector, type of

crisis, date of occurrence, location of crisis, number of passengers and crew or cargo, the

estimated casualties and the extent of the third party damages, if any.

6.4 The Operating Carrier 

### shall also update the Marketing Carriers 

### on the significant

developments in the crisis situation and its responses at one

- hourly intervals or as deemed

necessary.

7 ACTIVATION OF ASSISTANCE

7.1 If the Operating Carrier requires assistance from a Marketing Carrier , the Operating Carrier

shall contact the Marketing Carrier ’s Network Operations Centre’s 24

- hour number to

request corporate support. Upon request, and if agreed upon, the Marketing Carrier may also

activate its Local Emergency Response Centre (LERC) to provide local support.

8 MARKETING CARRIER’S EMERGENCY RESPONSES TO AN OPERATING

CARRIER'S CRISIS IN THE HOME BASE OR ITS FLIGHT INFORMATION

REGION7 of 10 

### 8.1 Upon the request of the Operating Carrier



### , and if agreed upon by the parties, the Marketing

Carrier 

### will immediately activate its corporate Crisis Management Centre to co

- ordinate the

management of the emergency responses with the Ope rating Carrier



### . Such agreement will

address the Marketing Carrier ’s 

### use of its own facilities, systems and procedures to provide

the immediate emergency responses for the affected passengers, crew, ground casualties and

their relatives as specified herein. The agreement will also specify if the Marketing Carrier



### may contract a specialist organization to deploy specialists, in addition or instead of, the

Marketing Carrier 

### ’s own staff.

8.2 Passenger Aircraft Crisis



### 8.2.1 If requested by the Operating Car rier

, and agreed upon by the parties , then t he Marketing

Carrier, in conjunction with its station nearest to the crisis site, shall deploy a "Special

Assistance Team” with an adequate number of staff at the Crisis Station to render care and

assistance to t he affected passengers, crew, ground casualties and their families, at the crisis

site, airport, hotels and hospitals. The parties will agree on the scope of any Marketing

Carrier activities, including possible crisis handling facilities including Station Crisis Centre,

Family & Friends Reception Area, Survivors Reception Area, Telephone Enquiry Centre,

Hospital Service Centers, and similar assistance centers to manage these operations.

8.2.2 If requested by the Operating Carrier and agreed upon by the par ties , the Marketing Carrier

will deploy adequate technical staff to the crisis site to undertake the initial planning for the

salvage and removal of the aircraft, where needed

. The Marketing Carrier will not take any

salvage and removal action on behalf of the Operating Carrier.

8.2.3 If requested by the Operating Carrier

, and agreed upon by the parties t he Marketing Carrier



### shall arrange transport to rush their personnel to the crisis station/site by the fastest possible

means, which may include launching an aircraft, within of notification of a crisis, if

needed.

8.2.4 The Operating Carrier will activate its Telephone Enquiry Centre (TEC) to handle and process all

telephone enquiries from the affected family members and the general public ( m ore than one

p artner shall activate the TEC in their respective home bases if approved by the Operating Carrier ).

The TEC shall record the information on the family callers on individual Passenger

Information Forms. The Reports will be forwarded immediately by scan / email or fax to the

Operating Carrier 

### ’s Customer Information Centre (CIC) at the Crisis Station or at the

Operating Carrier’s h ead o ffice.

8.2.5 The Operating Carrier when permitted by government authority, shall release the Passenger

Manifest of the applicable Marketing Carrier Codes hare P assengers to the Marketing

Carrier ’s Headquarters Crisis Management Centre, and to the Telephone Enquiry Centre

(TEC) which has been activated to handle and process such enquiries. The Operating

Carrier shall con tact the affected families immediately to take follow

- up actions to render

the necessary care and assistance. The Marketing Carrier shall respond to local general

enquiries in accordance with its own procedures for handling such enquiries based on

informat ion provided by the Operating Carrier’s representative in the Centre.8 of 10 

### 8.2.6 The Marketing Carrier 

### may also activate its standard crisis communications and office

equipment including but not limited to satellite telephones, international

hand/mobile/cellu lar phones, local walkie/talkies, fax machines, photo

- copiers and laptops,

for use by both the Marketing and the Operating Carrier 

### ’ personnel for the duration of the

crisis.

. 9 CRISIS OCCURRING OUTSIDE HOME BASE OF MARKETING CARRIER

9.1 The Operating Car rier shall manage the accident / incident, including , as applicable, launching of a

Response Aircraft and mobilization of its Go Team. The Marketing C arrier however may be

requested to assist the Operating Carrier by activating its emergency response plan and if agreed

upon by the parties

, dispatch of a response aircraft and mobilization of its Go Team for a quick

response as may be necessary due to geographical location of the accident / incident. The

Marketing C arrier however should turn over the accident / incident response to the Operating

C arrier upon the arrival of its response team.

9.2 In the case of handling and processing of public enquiries, the Operating Carriers Telephone

Enquiry Centre shall be activated to handle and process telephone enqui ries from the affected

family members and the general public . However, if agreed upon, the Operating Carrier may

request that the Marketing Carrier 

### activate as many telephone lines as it can spare to handle

and process such enquiries.

9.3 The Operating Ca rrier when permitted by government authority

, shall release the Passenger

Manife st of the applicable Marketing Carrier C odeshare P assengers to the Marketing

Carrier ’s Headquarters Crisis Management Centre, and to the Telephone Enquiry Centre

(TEC) which has been activated to handle and process such enquiries. The Operating Carrier

shall contact the affected families immediately to take follow

- up actions to render the

necessary care and assistance. If requested by the Operating Carrier, t he Marketing Carrier

shall respond to local general enquiries in accordance with its own procedures for handling

such enquiries based on information provided by the Operating Carrier.

10 DEPLOYMENT OF LIAISON REPRESENTATIVES

10.1 T he Marketing Carrier 

### shall deploy as nece ssary at least one liaison representative in the

Operating Carrier 's Crisis Management facilities to assist by providing information and

advice but not to give directions to the Operating Carrier



### .

11 SUPPORT FROM OTHER CODESHARE PARTNERS AT THE CRISIS STATION

11.1 In the event of a crisis affecting a c odeshare p artner , the corporate Crisis Management

Centres of the Marketing Carrier shall be placed on a standby mode as necessary for a

period of from the time of notification of a crisis, to render any assistance which

might be required.

11.2 The Marketing Carrier 

### shall assist the Operating Carrier 

### with transport and travel within its

respective network as necessary, for the affected passengers, crew, and family members as

well as the staff of the Operating Carrier at the expense of the Operating Carrier

.

12 MEDIA RESPONSES9 of 10 

### 12.1 The Operating Carrier 

### shall manage its own media responses, including setting up its own

local Media Relations Centre at the crisis site.

12.2 A Marketing Carrier which has facilities and equipment at the crisis site for local media

management shall allow , upon request and if agreed to and if available, the Operating

Carrier 

### to make use of such facilities, if required by the Operating Carrier



### .

12.3 The Operating Carrier 

### is solely responsible for the release of all information on the crisis to

the media. T he Marketing Carrier 

### shall obtain the concurrence of the Operating Carrier



### before making such any statement on the crisis to the media

13 HANDOVER OF DUTIES

13.1 

### The Marketing Carrier 

### shall hand over the duties and all the relevant documents to the

Operating Carrier 

### ’s representatives in a systematic manner unless prohibited by government

authority . The Operating Carrier 

### 's representatives shall acknowledge receipt of t he

documents handed over.

14 CONFIDENTIALITY OF INFORMATION

14.1 When a crisis becomes known, both the Operating and Marketing Carrier s shall impound

and secure all documents on the affected flight, the affected aircraft and the affected

passengers and crew immediately. With the exception of the release of relevant information

to the local authorities in connection with the local authorities’ investigations into the

causes of the crisis, the Marketing Carrier shall not release any information on the affe cted

aircraft, the affected flight, the affected passengers and crew and their families to any third

parties, including media agencies and travel agencies.

14.2 The Marketing Carrier should re

- direct all third party enquiries for information on the

affec ted flight, the affected aircraft, the affected passengers, crew and their families to the

Operating Carrier

.

15 PAYMENTS OF ACTUAL CRISIS MANAGEMENT COSTS INCURRED BY

MARKETING CARRIER

15.1 The Operating Carrier shall pay the Marketing Carrier for all the agreed to actual costs

which the Marketing Carrier may incur in accordance with clause 2.3 of this Appendix on

behalf of the Operating Carrier for managing the crisis. The Marketing Carrier shall submit

its invoices, with supporting receipts for the costs incurred, to the Operating Carrier within

. The Operating Carrier shall settle the invoices within of

receipt of the invoices. The Operating Carrier reserves the right to reject invoices without

supporting receipts.

16 JOINT EXERCISES