TERMS OF USE FOR EUROCONTROL’S PASSENGER SUPPORT DEMAND SERVICE
AGREED USER
1. SCOPE
a) You (the Agreed User(s)), for the purposes of the present Terms of Use (“Terms”), have been granted access to the EUROCONTROL’s Passenger Demand Support Service environment, as described in the Annex.
b) Your access and use of the Passenger Demand Support Service are subject to the acceptance of and compliance with these Terms.
c) Your name and contact details have been inserted into the registration page and shall be kept up-to-date in a timely manner.
d) Please read these Terms carefully and then click “I have read and understood the User rights agreement” on the registration page mentioned above to confirm your understanding and acceptance.
2. YOUR RIGHTS AND OBLIGATIONS
Your rights:
a) Only you are entitled to access the Passenger Demand Support Service and use the information contained therein exclusively for the purposes of your internal coordination and operational planning and staffing in accordance with the provisions of these Terms.
Your obligations:
a) You must maintain accurate and up-to-date records of your contact details within the Passenger Demand Support Service.
b) You may not sublicense, distribute or otherwise make available and/or grant access to the Passenger Demand Support Service account to any third party.
c) You may not copy the Passenger Demand Support Service and the data contained therein other than for copies strictly necessary for your internal coordination and operational planning and staffing.
d) You may not permit any other individuals or entities to access, copy, reproduce or disclose the Passenger Demand Support Service and/or its content.
e) You may not sell or use the Passenger Demand Support Service and/or its content for any commercial purposes.
3. LIMITATION OF LIABILITY
a) The data contained in the Passenger Demand Support Service is provided on a strictly ‘AS IS’ basis and EUROCONTROL provides no warranties or guarantees other than its best endeavours to keep this information accurate and available.
b) EUROCONTROL shall not be liable for damages resulting from the provision, making available or interruption of information contained in the Passenger Demand Support Service.
c) You shall fully indemnify and hold EUROCONTROL and/or third parties (known to EUROCONTROL) harmless against any claims brought by third parties in respect of unlawful use (namely in violation of the terms of these Terms) of the Passenger Demand Support Service.
4. SERVICE AVAILABILITY
a) The Passenger Demand Support Service is normally available 24 hours per day.
b) EUROCONTROL endeavours to ensure an uninterrupted access and to provide you with accurate and up-to-date information in case of disruption.
c) EUROCONTROL does not, however, guarantee that the Passenger Demand Support Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion.
5. INTELLECTUAL PROPERTY RIGHTS
All copyright, database right, trademarks and other intellectual property rights subsisting in or used in connection with the Passenger Demand Support Service (including but not limited to the database right and all related documentation) are and remain the sole property of EUROCONTROL and/or of third parties (known to EUROCONTROL).
6. CONFIDENTIAL INFORMATION
a) The information stored in the Passenger Demand Support Service constitutes Confidential Information, which is not destined for the general public. You may therefore not disclose and reproduce it with a view to making it publicly available. You may only use it for internal coordination, operational planning and resources optimisation as per your access rights mentioned in the Section “YOUR RIGHTS AND OBLIGATIONS” above.
b) You may not copy any of the information available in the Passenger Demand Support Service without the prior written agreement of EUROCONTROL.
c) You shall not disclose or make available such Confidential Information or any part thereof to any person or entity, except to those of the directors, other officers, employees or agents of your organisation for whom access is strictly necessary due to their involvement in your internal coordination, operational planning and resources optimisation for a period starting on the date of entry into force of these Terms and ending five (5) years after the expiration or termination of your access to the Passenger Demand Support Service.
d) The obligations of paragraphs a) to c) above do not apply to information:
- which is already, or subsequently becomes, generally available by means other than the fault of, or breach of these Terms by you;
- which you can demonstrate you rightfully had in your possession prior to accessing the Passenger Demand Support Service;
- which you independently developed without the use of the confidential information, or any part thereof;
- where you have rightfully obtained from a third party the right to transfer or disclose the Confidential Information, or
- which is produced in compliance with applicable law or a court order, provided that you first give EUROCONTROL reasonable notice of such law or order and give EUROCONTROL the opportunity to oppose and/or attempt to limit such production.
EUROCONTROL WILL IN NO CASE MAKE USE OF THE HISTORIC LOAD FACTOR INFORMATION PROVIDED BY YOU (THE AGREED USERS) FOR ANY OTHER PURPOSE THAN CONDUCTING INTERNAL ANALYSIS AND FURTHER IMPROVING THE PREDICTIONS THAT FORM AN INTEGRAL PART OF THE SERVICE. IN NO CASE EUROCONTROL WILL MAKE THE HISTORIC LOAD FACTOR INFORMATION PROVIDED BY YOU AVAILABLE TO THIRD PARTIES OTHER THAN THE DISCLOSING AGREED USER.
7. FOCAL POINT
The focal point of EUROCONTROL is Mr Miroslav Spak ([email protected]).
8. PERSONAL DATA
Your personal data is processed by EUROCONTROL in accordance with the EUROCONTROL Regulation on Personal Data Protection and its Implementing Rules. You shall verify and keep accurate the Agreed User(s)’s personal data that you have inserted on the registration page mentioned above.
9. DURATION AND TERMINATION
a) These Terms enter into force upon your acceptance of them.
b) The Terms and your access shall remain in force for as long as you remain the Agreed User.
c) EUROCONTROL may terminate without notice these Terms and suspend/cancel your access to the Passenger Demand Support Service, with immediate effect, if you fail to comply with any of these Terms.
d) You can terminate your access to the Passenger Demand Support Service by sending an email to the EUROCONTROL Focal Point referred to in Article 7 above. You shall be bound by the obligations of confidentiality even after termination of your access to the Passenger Demand Support Service.
10. MODIFICATIONS
a) EUROCONTROL reserves the right at any time to revise, amend or modify these Terms and add new or additional Terms.
b) Notice of any revision, amendment or modification will be published on the logon page of Passenger Demand Support Service and will be effective from the date of publication. This will require you to click “Agree” to confirm your understanding and acceptance.
c) Your continued use of the Passenger Demand Support Service shall be deemed acceptance thereof.
11. APPLICABLE LAW
a) These Terms shall be governed by the laws of Belgium, with the exception of the rules applicable to the protection of personal data where the obligations of EUROCONTROL shall be exclusively determined in accordance with the EUROCONTROL Regulation on Personal Data Protection and its Implementing Rules.
b) If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
ANNEX - Description of the Passenger Demand Support Service
The Passenger Demand Support Service (“Service”) tackles the necessity from airports to have a better view of the future passenger demand to optimise resource planning and utilisation.
The Service is based on analysis of Network Manager data and machine learning principles looking at various features such as flight ticket prices and historic load factors uploaded by you in order to predict passenger volumes for both the arrival and departures.
The Service provides users with different information views connected to passenger demand predicted, load factor predicted and even number of flights, connections and cancellations predicted. Apart from high level views on expected passenger and aircraft volumes, the user can access more detailed information on predicted passenger loads per hour. This provides the opportunity to anticipate trends in passenger volumes, which further supports operational planning and on-time performance on the day of operations linked to smooth passenger handling process.