Do agencies still need ARC appointments?: Travel Weekly

I am fascinated by the recent decisions of American, Continental, Northwest, and US Airways to accept reservations from non-ARC agencies. Apparently all that is required is registration to obtain an IATA number from Travelsellers.com, the Outside Sales Support Network or Iatan itself. Then we can make reservations in a GDS or on a special part of the airline's Web site, and the airline issues an e-ticket.

Why, then, do we need to maintain our ARC appointment -- with its complex and costly bonding, reporting and remitting rules -- if most or virtually all of our sales are on these airlines?

A: A quiet revolution appears to be taking place in air travel distribution. You can bypass ARC and still be an appointed sales agent of American, Continental, Northwest or US Airways.

When ARC was set up in 1985, ARTA sued the airlines because they were violating the antitrust law by uniformly fixing the reporting and remitting terms by joint agreement.

The case was settled with ARC agreeing to facilitate "direct forms of payment" (DFOP) arrangements.

DFOPs were a flop, and for 15 years after the settlement virtually no appointed agency reported and remitted outside ARC. Now, all of a sudden, direct relationships have bloomed thanks to the Internet, and you legitimately can ask why you even need an ARC appointment.

What can ARC agencies do that these new-numbered agencies cannot do? The ARC regulars can issue paper tickets, make changes, make refunds and void tickets. The others can't.

However, if you do not issue airline tickets in great volume, it probably doesn't matter if you can do any of these things, as you can call the airline and have it done for you.

The most valuable difference is voiding, and it is most ironic that ARC's proposal to require daily reporting would eliminate this advantage.

If your agency is located in a large hub city such as Pittsburgh, the four airlines account for about 90% of market share. Is it worth it to retain your ARC appointment to be able to issue tickets on the other airlines?

Only you can decide, but I predict that if more airlines allow agencies to bypass ARC, many more agencies will give up their appointments.

Mark Pestronk is a Fairfax, Va.-based attorney specializing in travel law. He answers your questions in the TravelWeekly.com Legal Ease forum. To contact Mark directly, e-mail him at [email protected].

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