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.