Distribution Clauses

Bidding

No agent shall bid on any AEROMEXICO intellectual property, including Flight Data, with any online search engines in any country. With respect to any “pay for placement” or other key word purchase program offered by any online search engine such as, without limitation, Google, Skyscanner, Bing and Yahoo or any other metasearch engine, no agent shall bid, instructor direct any third party to bid, on any AEROMEXICO name, trademarks, service marks, trade names or other intellectual property. Similarly, Aeromexico shall not use, procure, or otherwise arrange for a Sponsored Link on any Internet search engine or service which Sponsored Link uses or includes the trademarks, trade names, service marks or corporate names of The Account set forth in Annex A attached hereto.

Additionally, Aeromexico shall include the trademarks, trade names, service marks or corporate names of The Account set forth in Annex A as negatives within any Internet search engine or service which Sponsored Links uses. Negatives shall be added as exact-match in those search engines that have match-type functionality. 

For purposes of this Agreement, a “Sponsored Link” means a link offered, created, or displayed for a fee (whether on a “cost-per-click” basis, commission, or any other commercial arrangement) by any Internet search engine using search terms or key words to identify, draw attention to, or direct Internet traffic to an Internet site.

No Redistribution

THE AGENCY (a) will not provide access to, display or otherwise distribute, directly or indirectly, any AEROMEXICO "Flight Data" to any other third party, including without limitation, any other "Metasearch Operator" and/or "Agency", (b) receive any referral, web page click-through links or links from any web page of any Metasearch Operator or Agency in connection with or associated with any search result on such web page that is attributed to any AEROMEXICO product or service to any web page used by an agent, including, without limitation, any advertising link or other hyperlink, nor (c) place or otherwise have advertising links on such web page relating to products or services of an Airline in such search result, in each case, without the consent of the applicable AEROMEXICO or pursuant to a definitive written agreement in full force and effect with AEROMEXICO. Further, AGENCY acknowledges and agrees that, as between agent and AEROMEXICO, AEROMEXICO owns, controls and retains all right, title and interest in and to its Flight Data, and all copyright, database and other intellectual property rights therein.

Notwithstanding (a), (b) and (c) above, THE AGENCY may provide access, display or distribute "Flight Data" directly to its subsidiaries, business partners, or third parties related to THE AGENCY through a valid agreement for which THE AGENCY is directly and fully responsible for its proper use or violation and in which THE AGENCY shall respect and promote the proper use of THE AGENCY's content, or to third parties related to THE AGENCY through a valid agreement of which the agency is directly and totally responsible for its correct use or violation and in which it shall respect and promote the correct use of AEROMEXICO's content, in the understanding that the affiliates of THE AGENCY, in no case shall be any metasearch operator, or any third party different from such affiliates of THE AGENCY. This paragraph is subject to THE AGENCY previously delivering a list of THE AGENCY'S affiliates to AEROMEXICO to whom the Flight Data was distributed, as well as the content of such distribution. The failure of THE AGENCY to deliver the report shall entitle AEROMEXICO to instruct THE AGENCY to cease and desist from the distribution of Flight Data to affiliates of THE AGENCY and shall be directly liable without exception for any act or default committed directly or indirectly affecting the content of AEROMEXICO by another partner, customer or affiliate with or on behalf of its IATA, including the payment of ADMs generated by the defaulting third party and any additional debt that may be generated.

No Undercut

In order to ensure transparent and consistent advertising to the end customer, and in accordance with the authority established in paragraph 1) of IATA Resolution 830a and Subsection 11.3 of the ARC Agent Reporting Agreement, the following practices will be considered by Aeromexico as violations against the proper issuance of tickets through online sales channels and will be sanctioned in accordance with the provision of this document.

For the marketing and sale of the airline's airfares, it is mandatory that Aeromexico's airfare is reported for 100% of its value (according to the publication and parameterization uploaded by Aeromexico sent to the Global Distribution Systems), regardless of the final price that applies for the purposes of the benefits offered by the Agency.

The Agency is prohibited from engaging in price war or price undercutting activities.

The Agency shall be prohibited from engaging in any price war or price undercutting activities. The Agency acknowledges conformity with Aeromexico directions and instructions is necessary to preserve the goodwill, reputation and brand image attached to the Aeromexico. If Aeromexico detects that the Agency engages directly or by supporting third parties in this or any other type of abusive practices, Aeromexico reserves the right to exercise the measures it deems necessary to protect the integrity of its pricing structure and inventories, including, without limitation, restricting access to its AM inventories and fare classes, canceling its authorization to publish, book and sell tickets for products and services offered by AM and others it deems appropriate, as well as the cancellation of the private products granted.

The benefits that the Agency wishes to offer to end costumers, as a result of alliances with third Parties or fare discounts, must be reflected during the purchase process on the Agency’s website, and correctly informed in the search processes in accordance with his policy.

Fares

Any publication or other communication of or relating to Aeromexico product or service including without limitation any fare of Aeromexico, shall at all times include all applicable taxes, airport charges, and all other levies, charges and fees that are unavoidable and foreseeable at the time of publication, whereby the taxes, airport charges, and other levies, charges, and fees (e.g., security or fuel charges) are to be specified and added to the applicable product or service. Optional charges are to be clearly, transparently and unequivocally communicated at the start of each booking procedure or transaction and are to be presented to, and accepted by, the customer on an “opt-in” basis.

Where taxes, airport charges, and other levies, charges and fees are charged as taxes, airport charges and other levies, charges and fees imposed by Aeromexico, these are to be applied unchanged.

All Aeromexico products and services, including fares, shall include the applicable terms and conditions stipulated by Aeromexico from time to time.

Distribution to Non-accredited (BSP/ARC) travel sellers

As Aeromexico is keen on protecting the passenger and on mitigating future inventory abuse, so, efforts to fight against abusive bookings and practices of Aeromexico’s product, as well as other violations of Aeromexico’s policies and rules, a new policy will be launched on June 1st 2024 to remove access of AM’s product from non-accredited (BSP/ARC) travel agencies and other sellers of travel via the GDS. 

In a nutshell, Aeromexico products and services may only be accessed and ticketed by agencies and other travel sellers that are accredited through Airlines Reporting Corporation (ARC) for US based entities or the Billing and Settlement Plan (BSP) for non-US based entities.

Such policy will be effective as of June 1st 2024 for all regions except Brazil and Canada, where it will be effective on December 1st 2024.

Keep in mind that Aeromexico will continue to be canceling bookings not issued that are identified as abusive or not complying with Aeromexico’s rules and policies. For those tickets that have been issued, Aeromexico will not cancel tickets but will be applicable to existing process for abusive and fraudulent tickets, such as ADM issuing.

Each agency is responsible to inform and/or distribute these policies and procedures with non-accredited agencies with whom they work, as well as the charges and penalties that are generated for violations or non-productive practices.

Aeromexico thanks all its partners to take these distribution principles, rules and instructions into account in advance, and, in case it is necessary to promptly make all the required changes to fully abide by the each of them.

For the complete document on Aeromexico Keywords click here