BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC

____________________________________

)

Application of ) 

) 

VIRGIN AMERICA INC. ) Docket No. DOT-OST- 2012-______

)

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 Boulevard, 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 due 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 

Department 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 authorization )

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 engage in codeshare services with Virgin 

Australia International Airlines Pty Ltd. (“Virgin 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 Virgin 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 or about July 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 persons, 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 covered 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 

America 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 by Virgin Australia between Open-Skies points. Virgin America will 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 mail 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 transportation 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 requested 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 intent to discontinue the use of and de-register 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 consistent with the current OpenSkies Agreement between the United States and Australia3 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 agreements 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 America 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 

proposed date of implementation.

7. Should the Codeshare 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 requests expedited approval of this Application 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 Government 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 Department 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 Seventeenth 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, 2012 
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, Florida (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 International)

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@state.gov

susan.kurland@dot.gov

esta.rosenberg@dot.gov

todd.homan@dot.gov

peter.irvine@dot.gov

john.allen@faa.gov

Jonathon H. Foglia
EXHIBIT A
 



 

 
 
 

 

 



 

 
 
 





 

1 of 4 

APPENDIX A

FREQUENCY AND SCHEDULE PLANNING 

to the Codeshare 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 ORDLAX 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 LAX
2 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. Codeshare Schedule Operations

The Parties shall:

(a) establish a dedicated flight number range for use by VA with respect to the 

Codeshare Flights: and

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

Parties to allow efficient loading of the Codeshare Flights prior to filing with 

OAG 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 sent 

for operational changes to : 

.
3 of 4 

For ad-hoc changes between prior to departure Operational Control 

Center (VX) and Guest Reaccommodation Control Centre (GRC 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 holding system. The day of validation is determined by respective 

carrier.

3. Schedule and Equipment Changes

Planned 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) Normal 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 Hours of scheduled departure 

time shall be sent to following addresses: 

1 of 4

APPENDIX B

STATION PROCEDURES

to the Free Sale Codeshare 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 

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

1.2 The 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 Codeshare 

Passengers 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 Agreement, the Marketing Carrier’s Conditions of Carriage apply 

to checked baggage, including sporting equipment. 

For cabin baggage the Operating Carrier’s rules apply only if the operating carrier has less 

restrictive cabin baggage allowances. Otherwise, the Marketing Carrier’s cabin baggage 

allowances 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 Operating Carrier and only booked using the Operating Carrier’s designator code. 

4 of 4

absorb 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 inbound carrier’s 

delayed operation. 

 

5.5 Involuntary Rerouting 

 Codeshare Passengers are to be re-booked primarily to another VA or VX flight and then 

as the Operating Carrier 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 Codeshare Passengers 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 Codeshare 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 Codeshare Agreement

between

Virgin America (VX) 

and

Virgin Australia (VA)

Effective as of 14 May 2012 

RESERVATIONS AND SEAT HANDLING PROCEDURES

to the Codeshare Agreement made effective as of 14 May 2012 between Virgin America (VX) 

and Virgin Australia (VA)

1. Inventory Control

(a) The inventory of Codeshare Flights shall be fully controlled by the Operating Carrier. 

Each Party 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 recorded 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 Codeshare Passengers presenting 

themselves at check-in counters shall be accommodated on seat available basis.

 

(e) Class 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 Carrier’s inventory classes are mapped to the comparable 

inventory classes of the Operating Carrier. 

 

2. Special Passenger Requirements


4 of 6

 

3. Advance Seat Request (ASR) Bookings

ASR bookings shall be made directly with the Operating Carrier. 

 4. Sales

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

 

 The Operating Carrier agrees to honor the space on the Codeshare Flights in respect of 

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

All Codeshare 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 overbooking 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 Marketing Carrier. 

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

Virgin America Operating – 

Virgin Australia operating – N/A

 

 5. Data Transfer

The Marketing Carrier will sell seats on Codeshare Flights based on availability displays 

controlled by AVS messages forwarded by the Operating Carrier.

The Marketing Carrier 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 Booking 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. Duplicate Booking Control

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

Codeshare Flight, the Operating Carrier shall inform the Marketing Carrier of the 

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

Carrier shall remove all confirmed duplicate bookings without delay. 

2. Virgin America notifies the Marketing Carrier through

 

8. Flight Firming

The Marketing Carrier will perform flight firming for the marketing 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. Schedule Change and Flight Irregularities

1. Flight irregularities shall be handled in accordance with the Operating Carriers standards 

and procedures. The Operating Carrier 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 Passengers are 

entitle to compensation because of the irregularity. 

10. Ticketing Time Limits

Each Carrier shall handle ticketing time limits (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. Contact 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 commence 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 (SPA) 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 of 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 interlineable 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). 


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 (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 Virgin America (VX) 

and Virgin Australia (VA)

1 INTRODUCTION

1.1 This Crisis Management Plan is designed for the effective co-ordination and management of 

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

cargo flight anywhere in the world. 

1.2 It sets out the roles and responsibilities 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 COMMITMENTS

2.1 The Operating Carrier and the Marketing Carrier should 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 their relatives.

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 management 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 Carrier for the duration 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 Codeshare Passenger or cargo flight on agreement by the parties. 

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

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

4 CORPORATE RESPONSES AND COMMAND AND CONTROL
5 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 known. 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 serious incident involving Codeshare 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

representative(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 Operating 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 Passengers and their relatives and representatives.

 

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

benefits as passenger of the Operating 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 Operating Carrier

5 GEOGRAPHICAL AREAS OF RESPONSIBILITIES

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, ground casualties and 

their families. If the parties agree, the 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 Operating Carrier’s resources, whichever is earlier.

6 NOTIFICATION OF CRISIS TO MARKETING CARRIERS
6 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 Operating Carrier must provide the following information to the Marketing Carriers’ 

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 type 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 

activate 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 

REGION
7 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 Operating 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 Carrier, and agreed upon by the parties, then the 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 the 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 Carrierand agreed upon by the parties, 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 the 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 (more than one 

partner 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 head office.

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

Manifest of the applicable Marketing Carrier Codeshare Passengers 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. The 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’s representative in the Centre. 
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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/cellular 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 Carrier shall manage the accident / incident, including, as applicable, launching of a 

Response Aircraft and mobilization of its Go Team. The Marketing Carrier 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 Carrier however should turn over the accident / incident response to the Operating 

Carrier 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 enquiries 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 Carrier when permitted by government authority, shall release the Passenger 

Manifest of the applicable Marketing Carrier Codeshare Passengers 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, the 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 The Marketing Carrier shall deploy as necessary 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 codeshare partner, 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 Carriershall 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 RESPONSES
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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. The 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 the 

documents handed over. 

14 CONFIDENTIALITY OF INFORMATION

14.1 When a crisis becomes known, both the Operating and Marketing Carriers 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 affected 

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 

affected 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