Krupa Vora of TravelBizMonitor reports, of a significant development, which has national implications. Travel agents will continue to receive commissions on the sale of airline tickets till the Calcutta High Court passes judgement in the suit filed by a TAFI member agent in Kolkata.

The TAFI member agent (plaintiff) filed a suit in Calcutta High Court early last week against National Aviation Company of India Limited (NACIL), International Air Transport Association (IATA) against the abolition of agency commission on the grounds that the IATA Passenger Agency Sales Agreement does not permit an airline to reduce agency commission to zero per cent.

The zero commission regime was to due to be implemented from November 1, 2008.

The High Court, according to industry sources, in its first hearing of the suit (case number: G.A. 3257/2008 and C.S. 197/2008) had passed an order to maintain status quo stating, “Having heard and considered the facts and circumstances of the case, the reduction of remuneration to zero per cent cannot be justified as the term 'Service rendered' postulates payment for work done. Zero per cent contemplates services rendered for free and the rules of IATA do not postulate such a situation. Neither the rules have been amended nor has the agreement been terminated. Therefore, there is no justification for reduction of the commission to zero per cent. Parties are directed to maintain status quo as on date till 30th September 2008.”

At the hearing of the suit yesterday, where according to sources, the airline representatives did not show up, the High Court directed the parties to maintain a status quo till the next hearing.

The date for the next hearing, according to sources is November 5, 2008.

As the plaintiff in his petition had also advised the court that this was a matter affecting numerous IATA agents across the country, the Hon'ble Court, according to sources has, therefore, given leave to all agents interested in the matter to become a party to the suit by making an application to the Court. A newspaper advertisement to this effect will be published shortly in two major dailies. According to sources, in order to become party to the suit an agent will be required to submit an affidavit, stating the same, along with a copy of his/her Agreement signed with IATA.

The Centre for Asia Pacific Aviation reports that the International Air Transport Association (IATA) released international traffic data for Aug-08 that confirmed a continuing downturn.

International passenger demand growth slowed to 1.3%, following disappointing growth of 1.9% in July. Passenger load factors fell to 79.2% a sharp drop-off from the 81% recorded during the same period last year as capacity growth outpaced demand.

International freight traffic saw its third consecutive month of contraction with a 2.7% decline following drops of 1.9% in July and 0.8% in June.

Giovanni Bisignani, IATA’s Director General and CEO said, “Passenger traffic grew by 5.4% in the first half of the year. That slowed to 1.9% in July and 1.3% in August. The contrast between the first half of the year and the last two months is stark.” “The slowdown has been so sudden that airlines can’t adjust capacity quickly enough. While the drop in the oil price is welcome relief on the cost side, fuel remains 30% higher than a year ago. And with traffic growth continuing to decline, the industry is still heading for a US$5.2 billion loss this year.”

Bisignani said, Air freight has declined for the past three months, led by Asia Pacific carriers that posted a 6.5% decline in July and a 6.8% decline in August. “Airlines carry 35% by value of the goods traded internationally. The three-month decline - led by weakness in Asia-Pacific markets - is a clear indication that global trade is slowing down. This shows that the impact of the financial crisis is broad geographically and will worsen before it gets better.”

Passenger

• Asia Pacific carriers reported a 3.1% contraction, following a 0.5% decline in July. Economic distortions surrounding the Olympics in China and a weakening Japanese economic outlook contributed to the decline. While some recovery in this weak performance is expected in coming months, clearly the region’s economies are feeling the impact of the turmoil in the financial markets.
• Middle Eastern carriers saw traffic growth drop to 4.3% following 5.3% in July and well below the 10.6% growth recorded during the first 6 months of the year.
• In contrast, international passenger traffic carried by North American airlines accelerated from 4.2% growth in July to 5.2% in August, in Latin America from 8.1% to 11.9% and in Europe from 1.3% to 1.6%.
• August is usually the second strongest month of the year, but the 79.2% load factor achieved was 1.8% points lower than last year although scheduled capacity is planned to slow very sharply to the point where it barely grows by the end of the year.

Cargo

• The 6.8% decline in international freight shipped by carriers in the Asia Pacific region had the greatest impact as they comprise 45% of the global air cargo markets.
• The other big market players also showed weakness. European carriers experienced a 0.9% decline, while US carriers reported weak growth of 0.8%.
• Sharp declines in freight traffic in Latin America (-13.2%) reflect restructuring in Brazil with cuts in capacity.

Bisignani added,“The industry crisis is deepening and no region is immune. Urgent measures are needed. From taxation to charges and operational efficiencies, all areas impacting the business must be examined for ways to reduce costs and drive efficiencies. It’s a matter of survival.”

Despite this slowdown, foreign carriers are still bullish on India, and Bangalore in particular. Emirates in is the process of adding its 3rd daily flight, and is today the dominant foreign airline in Bangalore.

I read the following story in the TravelBizMonitor (TBM) with a big pinch of salt.

In paragraph two of the TBM article, Dr. Vijay Mallya, Chairman, Kingfisher Airlines, is quoted as saying he is completely against charging the UDF as part of the ticket. Yet airlines are perfectly at ease over-charging passengers a "transaction fee" to cover the travel agent commission, even when you do not fly and turn the ticket in for a refund (See my articles 1 and 2 on this subject).

Travel agents too are an external agency just like BIAL would be. What justification do the airlines have to offer for this blatant discrimination against BIAL ?

Bengaluru International Airport will charge UDF for domestic passengers
Implementation date and amount to be decided
By TBM Staff | Bangalore
Bengaluru International Airport (BIA) will charge a User Development Fee (UDF) for domestic passengers but the amount and the date of implementation is yet to be decided. The decision is still being reviewed by the Ministry of Civil Aviation (MoCA) and the operator is awaiting the decision. “Although it is a new concept for Indian domestic passengers the concept was agreed upon while signing the concession agreement. We realise that the aviation industry is witnessing a slow down and the carriers are facing constraints but the airport too requires the UDF for its functioning and future growth,” informed Albert Brunner, CEO, Bangalore International Airport Limited.

The Directorate General of Civil Aviation (DGCA) had earlier issued a notice to all domestic airlines asking them to collect the fee while issuing their tickets. The GMR Hyderabad International Airport in Hyderabad is already charging UDF of Rs 375 for domestic passengers as part of the ticket cost. The passenger is allowed to pay the fee either before checking in or after collecting the boarding card. It is yet to be seen how Bengaluru International Airport will collect the fee from passengers. “We are not against the concept of UDF for domestic passengers but we will not incorporate it as part of the fare. BIA can collect it on their own,” said Vijay Mallya, Chairman, Kingfisher Airlines, at a recent press conference announcing the launch of the airlines’ international operations.

In the same article, TBM reports
Meanwhile the expansion plans of BIA are still going strong. The first expansion of the apron is already underway and is expected to be completed shortly. The second phase of expansion will include extending the current terminal building to accommodate the increase in passenger traffic. The operator is confident of handling the passenger traffic for the next couple of years with the existing infrastructure. It will also construct a second terminal and runway, which will take at least another three to four years.

I do not know if something has changed in the last month. When I visited BIAL on the 6/Sep, all work on the apron was stopped. (See my visit report). Quoting from my visit report :

While driving around, I observed that the apron extension to the west of the PTB, is on hold. I was told "we are waiting for the UDF issue to be resolved". For brief while, I had the disturbing question floating in my head. Is BIAL out of money ?

I later learnt from some people at the airport (who shall remain anonymous), the apron expansion was given to some fly-by-night contractor and not L&T who constructed the first apron. Cost was the reason, for awarding the contract, and also the contractor fleeing, when he realised the true magnitude of work.

Can some from BIAL confirm, via a comment, if the apron expansion work has re-started.

TravelBizMonitor has provided a break-up on the Travel Agent Transaction Fee.

As per the decision, travel agents will now charge a Transaction Fee of Rs 350 per ticket on domestic Economy Class, Rs 500 per ticket on domestic Business Class, Rs 2,500 per Economy Class booklet and Rs 3,500 per Business Class booklet. Interestingly, tickets purchased for SAARC, which include Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka will be included under domestic travel. On international tickets, Economy Class that falls under TC1, which includes North and South America, Australia and New Zealand and TC2, which includes Europe, Taiwan, Japan, Korea and Africa and South West Pacific will be charged Rs 2,500 and TC3, which includes Middle East, South East Asia and China will be charged Rs 1,200. On international Business tickets for TC1 and TC2, the charge will be Rs. 5,000 while for TC3 will be Rs 2,000. International First Class tickets will be charged a fee of Rs 10,000 on TC1 and TC2 (Including South West Pacific) and Rs 5,000 on TC3 category.

But what is positively disgusting is that the transaction fee will not be refundable and can be charged over and over again.

It has also been decided that the Transaction Fee will not be refundable and will be retained by travel agents, even when a ticket is processed for refund. The agents can charge a fee over and above the cancellation charges for any modification or cancellation. The airlines will also charge the same Transaction Fee at the City Traffic Office, Airport Traffic Office and the website.

The air transport cartel is at it, again. In all too familiar theme, we passengers must get ready to pay one more "fee".

Readers will recall that airlines decided to scrap travel agent commissions, in India, effective October 31, 2008. This move by the airlines, created an uproar in the industry and led to strikes and protests. Presently, airlines pay 5% of the base fare as sales commission on tickets issued by travel agents, without any charge to passengers.

According to the Deccan Chronicle, airlines and travel agents have mutually decided to add a new component, to be called a "transaction fee", which would be a minimum of Rs 350 for domestic and maximum of Rs 10,000 for international tickets, which will replace the existing commission.

The transaction fee will be euphemistically reflected as “other charges” on the ticket. This is over and above, other fees and surcharges like fuel surcharge, air traffic congestion surcharge, user development fee, and passenger service fee, already charged to passengers.

God forbid, the airlines defile the holy altar of "low air fares" and incorporate all these charges, which make up almost 75% of the total cost of the ticket, in to their fares.

Reportedly, the transaction fee will be at least Rs 350 on domestic air tickets for the economy class, and Rs 500 for business class.

The fee on international air tickets will be Rs 1,200-2,400 (economy), Rs 2,000-5,000 (business) and Rs 5,000-10,000 (for first class tickets). These charges will be uniform across airlines, including low-cost carriers such as SpiceJet, Indigo, Kingfisher Red, etc.

At a time when everyone is cutting back on expenses, with this new arrangement, travel agents will earn double of what they are getting right now, all for no additional effort, and all of it, on us, passengers' backs.

If you think you can avoid this mutual back-scratching "fleece the passenger party", and book directly from the airlines' websites or offices, think again. Air tickets booked through airline websites or their offices will also attract the transaction fee, and conveniently, this fee will be earned by the airline. Oh what joy. The competition which allows me to differentiate between good and bad travel agents, and enables me to demand value for money service, is simply overwhelming.

I wonder why is Mr. Patel asking for tax relief on aviation fuel ? By asking their passengers to needlessly pay even more, the air transport industry in India, seems to have already overcome this perfect storm of slowing demand coupled with rising costs.

See related story "Travel agents need to earn their income"

Anirban Chowdhury of The Business Standard reports that just four days after it was opened, the third runway at the Delhi airport was closed today after some crucial equipment stopped functioning. Operations were already restricted to daytime use after the runway lights failed over the weekend, rendering the runway unusable at night.

According to Air Traffic Controller sources at the Delhi airport, the decision to close the runway was taken after the instrument landing system (ILS), which guides aircraft to land when visibility is poor, stopped functioning in the morning.

As a result, the runway could not be used before 10:30 am and had to be shut down after 1:00 pm. (The ILS was not required during the period in-between). That left the runway with just 2.5 non-peal hours of operations with hardly any landings.

Several pilots told Business Standard that this could become a serious problem in the winter, which will descend on Delhi in a couple of months. "The faulty ILS could be a huge menace in the winters and will severely affect flights during low-visibility conditions because of the fog," said a Jet Airways pilot.

Delhi accounts for almost a third of the total air traffic in the country. The airport was handed over to GMR-controlled Delhi International Airport Ltd (DIAL) in May 2006 for expansion and a facelift. The new runway was built to make its airport handle up to 60 flights in an hour, up from the existing 35-40, to reduce air congestion plaguing Delhi and Mumbai airports, help carriers save expensive jet fuel, and reduce waiting times for passengers.

The current problems could ground all these plans. A DIAL executive confirmed that the runway was practically closed today and only the primary and the secondary runways were used for flight operations.

However, a DIAL spokesperson defended the decision to close the runway: "As a part of the phased opening of the third runway, DIAL, the Air Traffic Controller and the Director General of Civil Aviation have agreed to ensure that any observation from users can be dealt with for further improvement and any minor work can be carried out as a new runway is also subject to daily inspections and maintenance."

The runway’s ILS, he added, was configured for low-visibility conditions, which was not required under present conditions. As it consumes a lot of energy, work was going on to reconfigure it to current visibility.

Airline pilots, on their part, said that more than 40 per cent of the new runway, which is currently only used for landing, is unusable because of an adjacent tall statue that comes in its path. For landing purposes, the runway thus becomes even shorter in length than the primary runway.

"The aircraft gets a shorter length only when it comes from the side of the statue. However, even that length is good enough for larger aircraft like the A380,” said the DIAL spokesperson.