Knowledge Platform

Data Ownership and Accuracy

Regulation EC No 80/2009 sets out a Code of Conduct for Computer Reservation Systems (CRS) and aims to ensure fair and unbiased conditions for air carriers in a CRS – which in turn should protect consumer’s interest.

The Code takes steps towards standardising the use of CRS by setting out criteria for primary displays and mandated contractual provisions between subscribers and system vendors. More importantly the Code also prohibits discriminatory dissemination of data between competing CRS and also deals with liability for accuracy of fare content.

Whilst limited in scope, the Regulation envisages extending its remit to rail and rail-air services on CRS displays. It therefore provides a useful indication of EU model which can be further enhanced to deal with the ownership and accuracy of data likely to be fed into any platform or interface created to facilitate the multi-modal ticketing.

In terms of accuracy of fare data, under the Code, liability rests with the carrier and intermediaries handling the data. This is the ‘usual’ position which is often mirrored in commercial contracts dealing with the setting up of or handling of live databases.

If it is a travel agent or travel service provider inputting data, then it is expected that at the very least they should be under some sort of contractual obligation to ensure that data is accurate and making them liable for any mistakes (either by way of a contract or some sort of binding protocol/policy that all parties involved are obliged to sign up to).

Where the travel agent / travel service provider is reliant on the customer to provide accurate data (or where the customer inputs data themselves, for example by making the booking direct through an online booking tool, if that’s possible) then it should be made clear that the customer is responsible for ensuring the accuracy of any data and liable for any mistakes (which would need to be covered in the booking terms and conditions).