In the event of the death of the sole owner of an Agent, or of a member of a partnership or other unincorporated firm, the person entitled to represent the decedent’s estate (in the case of a sole ownership) or the remaining member(s) of the partnership or other unincorporated firm, must promptly advise IATA who will either withdraw all Ticketing Authorities or execute a temporary Passenger Sales Agency Agreement, as provided below. In order to preserve the goodwill of the Agent as far as possible, IATA may, at the request of the person entitled to represent the decedent’s estate (in the case of a sole ownership) or the remaining member(s) of the partnership or other unincorporated firm, enter into a temporary Passenger Sales Agency Agreement with the requesting party, reinstate Ticketing Authority if already withdrawn, and advise BSP Airlines accordingly. The temporary Passenger Sales Agency Agreement will be in the same form and have the same effect as a Passenger Sales Agency Agreement except that:
If IATA at any time has reason to believe that the financial situation of the decedent’s estate, the partnership or other unincorporated firm is unsatisfactory, IATA will withdraw Ticketing Authorities and give the person entitled to represent the decedent’s estate (in the case of a sole ownership) or the remaining member(s) of the partnership or other unincorporated firm, notice of termination of the temporary Passenger Sales Agency Agreement and notify all BSP Airlines accordingly. The termination will take effect on a date that is not before the date specified in clause 13.2 of the Passenger Sales Agency Agreement. The estate, partnership or other unincorporated firm may within 30 days of the date of IATA’s notice invoke the procedures set out in Resolution 820e for review of IATA’s action by the Travel Agency Commissioner and may also apply for an interlocutory order staying the termination and restoring the status quo pending the outcome of the review. Before granting an interlocutory order under this Subparagraph, the Travel Agency Commissioner must require the estate, partnership or other unincorporated firm to provide a Financial Security in accordance with Resolution 820e;
If prior to the date of termination of the temporary Passenger Sales Agency Agreement the decedent’s estate or the partnership or other unincorporated firm submits evidence of a satisfactory financial situation, the termination will not take effect and IATA will notify the Agent and all BSP Airlines that Ticketing Authorities have been reinstated;
If the termination of the temporary Passenger Sales Agency Agreement takes effect, IATA will remove the Agent from the Agency List and notify the person entitled 10.7.2(a) when an Agent changes its name, such Agent to represent the decedent’s estate or the partnership or other unincorporated firm and all BSP Airlines accordingly. Upon receipt of such notice, BSP Airlines will take the same action as required on removal of an Agent from the Agency List;
If the person entitled to represent the decedent’s estate proposes to transfer or to confirm the transfer of the decedent’s interest in the Agent to an heir, legatee or other person, or notifies that the decedent’s interest is withdrawn from the partnership or other unincorporated firm, such transfer or withdrawal will be deemed a change of ownership for the purposes of this Section. The signatory of the temporary Passenger Sales Agency Agreement and the transferee will jointly give notice to IATA as required under Paragraph 10.3 of this Section and thereafter the provisions of that Paragraph will apply;
Subject to earlier termination under the provisions of Subparagraph 10.7.1 or 10.7.2 of this Paragraph, a temporary Passenger Sales Agency Agreement with the representative of the estate of a deceased sole owner will terminate if such representative ceases to carry on the Agent’s business at the Location covered by the Agreement.
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