Paying the Operating Compensation. 7.3.1 The Air Operator will invoice its Air Services monthly after the month of service. 7.3.2 The Operating Compensation shall be based on the number of scheduled flights. The Operating Compensation shall be reduced for flights cancelled by the Air Operator, except if the cancellation is due to force majeure or for reasons beyond the control of the Air Operator. IATA delay codes (Appendix 10) shall be used as a rule of thumb when considering whether the delay is in beyond operators control or not. All delays shall be assessed jointly and the Buyer will decide whether the reasoning for delay entitles the Air Operator to Operating Compensation or not. The amount invoiced monthly shall be calculated by multiplying the number of one-way flights executed and for flights cancelled according to afore mentioned during the month with the unit price of a one-way flight (e.g. 50 flights * EUR XXXXX + VAT at 14%). 7.3.3 The Air Operator shall submit the invoice to the Buyer no later than on the Xth/Xth working day of the month following the services being invoiced. 7.3.4 The Operating Compensation shall be paid monthly, no later than on the xxth day of the month following the invoicing month. 7.3.5 The Air Operator shall compare the number of actual flights to the number of flights specified in the table in Appendix 3 to the Agreement. If any flights were cancelled (including flight considered cancelled as defined in para 7.3.2 above), the reasons for the cancellation(s) shall be explained to the Buyer. The report explaining the reasons for the cancellation(s) is to be appended to the invoice. 7.3.6 The Air Operator shall submit the traffic monitoring data to the representatives of the Buyer. 7.3.7 Any sanctions shall be deducted from the Operating Compensation in accordance with this Agreement and taken into account in the quarterly estimate for the issuing of a separate credit invoice. 7.3.8 In addition to the Operating Compensation paid by the Buyer, the Air Operator shall be entitled to retain revenue from ticket prices, revenue from products sold on board, cargo fees charged from third parties, advertising revenue and any other revenue gained from executing the Air Services. 7.3.9 The penalty interest for late payment shall be determined on the basis of the Finnish Interest Act (633/1982, as amended). 7.3.10 The Buyer shall due to a justified reason be entitled to withhold payment of an Operating Compensation instalment which it considers to be subject to a dispute. In such a situation, the Air Operator shall reimburse the invoices relating to the disputed Operating Compensation in so far as they have been disputed. The Buyer must pay the undisputed Operating Compensation (subject to the right of set-off agreed in section 7.3.11) upon receipt of the abovementioned two invoices, and the disputed Operating Compensation will be resolved in negotiations between the Parties in the first place and, if an amicable settlement is not reached in the negotiations, in accordance with the formal dispute settlement procedure agreed in this Agreement. 7.3.11 The Buyer has the right of set-off with respect to the Operating Compensation and other possible debts owed to the Air Operator for all of its own claims against the Air Operator for receivables including any due liquidated damages, discounts and damages.
Appears in 1 contract
Sources: Purchased Services Agreement
Paying the Operating Compensation. 7.3.1 The Air Operator will invoice its Air Services services monthly after the month of service.
7.3.2 The Operating Compensation shall be based on the number of scheduled flights. The Operating Compensation shall be reduced for flights cancelled by the Air OperatorOperator and for the, except if the cancellation is due to force majeure or for reasons beyond the control of the Air OperatorOperator (e.g. airport or air traffic control restrictions, external security reasons, etc.). IATA delay codes (Appendix 10) For the avoidance of doubt it is agreed that single flight delayed more than 3 hours shall be used considered as a rule of thumb when considering whether the delay is in beyond operators control or not. All delays shall be assessed jointly and the Buyer will decide whether the reasoning for delay entitles the Air Operator to Operating Compensation or notcancelled flight. The amount invoiced monthly shall be calculated by multiplying the number of one-way flights executed and for flights cancelled according to afore mentioned during the month with the unit price of a one-way flight (e.g. 50 flights * EUR XXXXX 2.824,20 + VAT at 1410%).
7.3.3 The Air Operator shall submit the invoice to the Buyer no later than on the Xth/Xth 7th working day of the month following the services being invoiced.
7.3.4 The Operating Compensation shall be paid monthly, no later than on the xxth 28th day of the month following the invoicing month.
7.3.5 The Air Operator shall compare the number of actual flights to the number of flights specified in the table in Appendix 3 to the Agreement. If any flights were cancelled (including flight considered cancelled as defined in para 7.3.2 above), the reasons for the cancellation(s) shall be explained to the Buyer. The report explaining the reasons for the cancellation(s) is to be appended to the invoice.
7.3.6 The Air Operator shall submit the traffic monitoring data to the representatives of the Buyer.
7.3.7 Any sanctions shall be deducted from the Operating Compensation in accordance with this Agreement and taken into account in the quarterly estimate for the issuing of a separate credit invoice.
7.3.8 In addition to the Operating Compensation paid by the Buyer, the Air Operator shall be entitled to retain revenue from ticket prices, revenue from products sold on board, cargo fees charged from third parties, advertising revenue and any other revenue gained from executing the Air ServicesService.
7.3.9 The penalty interest for late payment shall be determined on the basis of the Finnish Interest Act (633/1982, as amended).
7.3.10 The Buyer shall due to a justified reason be entitled to withhold payment of an Operating Compensation instalment which it considers to be subject to a dispute. In such a situation, the Air Operator shall reimburse the invoices relating to the disputed Operating Compensation in so far as they have been disputed, as well as subsequently submit two invoices to the Buyer, one of which concerns the undisputed Operating Compensation and the other for the disputed Operating Compensation. The Buyer must pay the undisputed Operating Compensation (subject to the right of set-off agreed in section 7.3.118.3.11) upon receipt of the abovementioned two invoices, and the disputed Operating Compensation will be resolved in negotiations between the Parties in the first place and, if an amicable settlement is not reached in the negotiations, in accordance with the formal dispute settlement procedure agreed in this Agreement.
7.3.11 The Buyer has the right of set-off with respect to the Operating Compensation and other possible debts owed to the Air Operator for all of its own claims against the Air Operator for receivables including any due liquidated damages, discounts and damages.
Appears in 1 contract
Sources: Purchased Services Agreement
Paying the Operating Compensation. 7.3.1 The Air Operator will invoice its Air Services services monthly after the month of service.
7.3.2 The Operating Compensation shall be based on the number of scheduled flights. The Operating Compensation shall be reduced for flights cancelled by the Air OperatorOperator and for the, except if the cancellation is due to force majeure or for reasons beyond the control of the Air Operator. IATA delay codes Operator (Appendix 10) shall be used as a rule of thumb when considering whether the delay is in beyond operators e.g. airport or air traffic control or not. All delays shall be assessed jointly and the Buyer will decide whether the reasoning for delay entitles the Air Operator to Operating Compensation or notrestrictions, external security reasons, etc.). The amount invoiced monthly shall be calculated by multiplying the number of one-way flights executed and for flights cancelled according to afore mentioned during the month with the unit price of a one-way flight (e.g. 50 flights * EUR XXXXX ▇.▇▇▇,XX + VAT at 1410%).
7.3.3 The Air Operator shall submit the invoice to the relevant Buyer no later than on the Xth/Xth working XXth day of the month following the services being invoiced, after the Buyer’s review of the report concerning flights executed, cancelled and delayed, the unit price (for the Buyer) and the number of passengers (submitted by the Air Operator by the XXth of the month following the services being invoiced).
7.3.4 The Operating Compensation shall be paid monthly, no later than on the xxth XXth day of the month following the invoicing month.
7.3.5 The Air Operator shall compare the number of actual flights to the number of flights specified in the table in Appendix 3 3A to the Agreement. If any flights were cancelled (including flight considered cancelled as defined in para 7.3.2 above), the reasons for the cancellation(s) shall be explained to the BuyerBuyers. The report explaining the reasons for the cancellation(s) is to be appended to the invoice.
7.3.6 The Air Operator shall submit the traffic monitoring data to the representatives of the Buyer.
7.3.7 Any sanctions mentioned in section 8.3.1 shall be deducted from the Operating Compensation in accordance with this Agreement and taken into account in the quarterly estimate for the issuing of a separate credit invoice.
7.3.8 In addition to the Operating Compensation paid by the BuyerBuyers, the Air Operator shall be entitled to retain revenue from ticket prices, revenue from products sold on board, cargo fees charged from third parties, advertising revenue and any other revenue gained from executing the Air ServicesService.
7.3.9 The penalty interest for late payment shall be determined on the basis of the Finnish Interest Act (633/1982, as amended).
7.3.10 The Buyer Buyers shall due to a justified reason be entitled to withhold payment of an Operating Compensation instalment which it considers to be subject to a dispute. In such a situation, the Air Operator shall reimburse the invoices relating to the disputed Operating Compensation in so far as they have been disputed, as well as subsequently submit two invoices to the Buyers, one of which concerns the undisputed Operating Compensation and the other for the disputed Operating Compensation. The Buyer Buyers must pay the undisputed Operating Compensation (subject to the right of set-off agreed in section 7.3.118.3.11) upon receipt of the abovementioned two invoices, and the disputed Operating Compensation will be resolved in negotiations between the Parties in the first place and, if an amicable settlement is not reached in the negotiations, in accordance with the formal dispute settlement procedure agreed in this Agreement.
7.3.11 The Buyer has Buyers have the right of set-off with respect to the Operating Compensation and other possible debts owed to the Air Operator for all of its their own claims against the Air Operator for receivables including any due liquidated damages, discounts and damages.
Appears in 1 contract
Sources: Purchased Services Agreement
Paying the Operating Compensation. 7.3.1 The Air Operator will invoice its Air Services services monthly after the month of service.
7.3.2 The Operating Compensation shall be based on the number of scheduled flights. The Operating Compensation shall be reduced for flights cancelled by the Air OperatorOperator and for the, except if the cancellation is due to force majeure or for reasons beyond the control of the Air OperatorOperator (e.g. airport or air traffic control restrictions, external security reasons, etc.). IATA delay codes (Appendix 10) For the avoidance of doubt it is agreed that single flight delayed more than 3 hours shall be used considered as a rule of thumb when considering whether the delay is in beyond operators control or not. All delays shall be assessed jointly and the Buyer will decide whether the reasoning for delay entitles the Air Operator to Operating Compensation or notcancelled flight. The amount invoiced monthly shall be calculated by multiplying the number of one-way flights executed and for flights cancelled according to afore mentioned during the month with the unit price of a one-way flight (e.g. 50 flights flights/2 = 25 rotations * EUR XXXXX ▇.▇▇▇, XX + VAT at 1410%/14%).
7.3.3 The Air Operator shall submit the invoice to the Buyer no later than on the Xth/Xth 7th working day of the month following the services being invoiced.
7.3.4 The Operating Compensation shall be paid monthly, no later than on the xxth 28th day of the month following the invoicing month.
7.3.5 The Air Operator shall compare the number of actual flights to the number of flights specified in the table in Appendix 3 to the Agreement. If any flights were cancelled (including flight considered cancelled as defined in para 7.3.2 above), the reasons for the cancellation(s) shall be explained to the Buyer. The report explaining the reasons for the cancellation(s) is to be appended to the invoice.
7.3.6 The Air Operator shall submit the traffic monitoring data to the representatives of the Buyer.
7.3.7 Any sanctions shall be deducted from the Operating Compensation in accordance with this Agreement and taken into account in the quarterly estimate for the issuing of a separate credit invoice.
7.3.8 In addition to the Operating Compensation paid by the Buyer, the Air Operator shall be entitled to retain revenue from ticket prices, revenue from products sold on board, cargo fees charged from third parties, advertising revenue and any other revenue gained from executing the Air ServicesService.
7.3.9 The penalty interest for late payment shall be determined on the basis of the Finnish Interest Act (633/1982, as amended).
7.3.10 The Buyer shall due to a justified reason be entitled to withhold payment of an Operating Compensation instalment which it considers to be subject to a dispute. In such a situation, the Air Operator shall reimburse the invoices relating to the disputed Operating Compensation in so far as they have been disputed, as well as subsequently submit two invoices to the Buyer, one of which concerns the undisputed Operating Compensation and the other for the disputed Operating Compensation. The Buyer must pay the undisputed Operating Compensation (subject to the right of set-off agreed in section 7.3.118.3.11) upon receipt of the abovementioned two invoices, and the disputed Operating Compensation will be resolved in negotiations between the Parties in the first place and, if an amicable settlement is not reached in the negotiations, in accordance with the formal dispute settlement procedure agreed in this Agreement.
7.3.11 The Buyer has the right of set-off with respect to the Operating Compensation and other possible debts owed to the Air Operator for all of its own claims against the Air Operator for receivables including any due liquidated damages, discounts and damages.
Appears in 1 contract
Sources: Purchased Services Agreement
Paying the Operating Compensation. 7.3.1 The Air Operator will invoice its Air Services monthly after the month of service.
7.3.2 The Operating Compensation shall be based on the number of scheduled flights. The Operating Compensation shall be reduced for flights cancelled by the Air Operator, except if the cancellation is due to force majeure or for reasons beyond the control of the Air Operator. IATA delay codes (Appendix 10) shall be used as a rule of thumb when considering whether the delay is in beyond operators control or not. All delays shall be assessed jointly and the Buyer will decide whether the reasoning for delay entitles the Air Operator to Operating Compensation or not. The amount invoiced monthly shall be calculated by multiplying the number of one-way flights executed and for flights cancelled according to afore mentioned during the month with the unit price of a one-way flight (e.g. 50 flights * EUR XXXXX + VAT at 1410%).
7.3.3 The Air Operator shall submit the invoice to the Buyer no later than on the Xth/Xth 7th working day of the month following the services being invoiced.
7.3.4 The Operating Compensation shall be paid monthly, no later than on the xxth day of the month following the invoicing month.
7.3.5 The Air Operator shall compare the number of actual flights to the number of flights specified in the table in Appendix 3 to the Agreement. If any flights were cancelled (including flight considered cancelled as defined in para 7.3.2 above), the reasons for the cancellation(s) shall be explained to the Buyer. The report explaining the reasons for the cancellation(s) is to be appended to the invoice.
7.3.6 The Air Operator shall submit the traffic monitoring data to the representatives of the Buyer.
7.3.7 Any sanctions shall be deducted from the Operating Compensation in accordance with this Agreement and taken into account in the quarterly estimate for the issuing of a separate credit invoice.
7.3.8 In addition to the Operating Compensation paid by the Buyer, the Air Operator shall be entitled to retain revenue from ticket prices, revenue from products sold on board, cargo fees charged from third parties, advertising revenue and any other revenue gained from executing the Air Services.
7.3.9 The penalty interest for late payment shall be determined on the basis of the Finnish Interest Act (633/1982, as amended).
7.3.10 The Buyer shall due to a justified reason be entitled to withhold payment of an Operating Compensation instalment which it considers to be subject to a dispute. In such a situation, the Air Operator shall reimburse the invoices relating to the disputed Operating Compensation in so far as they have been disputed. The Buyer must pay the undisputed Operating Compensation (subject to the right of set-off agreed in section 7.3.11) upon receipt of the abovementioned two invoices, and the disputed Operating Compensation will be resolved in negotiations between the Parties in the first place and, if an amicable settlement is not reached in the negotiations, in accordance with the formal dispute settlement procedure agreed in this Agreement.
7.3.11 The Buyer has the right of set-off with respect to the Operating Compensation and other possible debts owed to the Air Operator for all of its own claims against the Air Operator for receivables including any due liquidated damages, discounts and damages.
Appears in 1 contract
Sources: Purchased Services Agreement
Paying the Operating Compensation. 7.3.1 The Air Operator will invoice its Air Services services monthly after the month of service.
7.3.2 The Operating Compensation shall be based on the number of scheduled flights. The Operating Compensation shall be reduced for flights cancelled by the Air Operator, except if the cancellation is due to force majeure or for reasons beyond the control of the Air Operator. IATA delay codes (Appendix 10) shall be used as a rule of thumb when considering whether the delay is in beyond operators control or not. All delays shall be assessed jointly and the Buyer will decide whether the reasoning for delay entitles the Air Operator to Operating Compensation or not. The amount invoiced monthly shall be calculated by multiplying the number of one-way flights executed and for flights cancelled according to afore mentioned during the month with the unit price of a one-way flight (e.g. 50 flights * EUR XXXXX + VAT at 1410%).
7.3.3 The Air Operator shall submit the invoice to the Buyer no later than on the Xth/Xth 7th working day of the month following the services being invoiced.
7.3.4 The Operating Compensation shall be paid monthly, no later than on the xxth 28th day of the month following the invoicing month.
7.3.5 The Air Operator shall compare the number of actual flights to the number of flights specified in the table in Appendix 3 to the Agreement. If any flights were cancelled (including flight considered cancelled as defined in para 7.3.2 above)cancelled, the reasons for the cancellation(s) shall be explained to the Buyer. The report explaining the reasons for the cancellation(s) is to be appended to the invoice.
7.3.6 The Air Operator shall submit the traffic monitoring data to the representatives of the Buyer.
7.3.7 Any sanctions shall be deducted from the Operating Compensation in accordance with this Agreement and taken into account in the quarterly estimate for the issuing of a separate credit invoice.
7.3.8 In addition to the Operating Compensation paid by the Buyer, the Air Operator shall be entitled to retain revenue from ticket prices, revenue from products sold on board, cargo fees charged from third parties, advertising revenue and any other revenue gained from executing the Air ServicesService.
7.3.9 The penalty interest for late payment shall be determined on the basis of the Finnish Interest Act (633/1982, as amended).
7.3.10 The Buyer shall due to a justified reason be entitled to withhold payment of an Operating Compensation instalment which it considers to be subject to a dispute. In such a situation, the Air Operator shall reimburse the invoices relating to the disputed Operating Compensation in so far as they have been disputed, as well as subsequently submit two invoices to the Buyer, one of which concerns the undisputed Operating Compensation and the other for the disputed Operating Compensation. The Buyer must pay the undisputed Operating Compensation (subject to the right of set-off agreed in section 7.3.11) upon receipt of the abovementioned two invoices, and the disputed Operating Compensation will be resolved in negotiations between the Parties in the first place and, if an amicable settlement is not reached in the negotiations, in accordance with the formal dispute settlement procedure agreed in this Agreement.
7.3.11 The Buyer has the right of set-off with respect to the Operating Compensation and other possible debts owed to the Air Operator for all of its own claims against the Air Operator for receivables including any due liquidated damages, discounts and damages.
Appears in 1 contract
Sources: Purchased Services Agreement