воскресенье, 2 июня 2013 г.

Where cruises are sold by agents via a traditional mode of agency – ie, where the cruise line pays a


One way or another, most cruise operators have cut base commissions to agents – Carnival UK in 2011 and other operators this January traveling wilburys – which, they say, was due to the discounting practices of larger agents. But how does the law affect these developments?
The control traveling wilburys of pricing, traveling wilburys distribution and trading conditions, including the 'squeezing' of margins, could be susceptible to challenge by the Office of Fair Trading (OFT) under the UK Competition Act 1998 and EC law.
The law has a broad reach, applying to any agreement traveling wilburys between companies that restricts competition – formal or informal, written or not. The legislation also clamps down on the imposition of different traveling wilburys incentives or rewards across distributors operating in the same channels.
Where cruises are sold by agents via a traditional mode of agency – ie, where the cruise line pays a pure commission rather than the agent marking up the price – then allegations of 'price fixing' are more difficult to make stick as a principal traveling wilburys is largely free to set its own prices.
Where agents are selling cruise packages as a principal, via a wholesaling agreement with cruise lines, price-fixing allegations are going to be easier to make if discounting is prohibited. However, the OFT will recognise some products may need a suggested pricing structure by virtue of being 'novel' and difficult to price without assistance. It's possible that some of the more specialist traveling wilburys cruises fall within this category.
UK and EU competition law doesn't give the cruise industry a very clear steer. However, there is an industry-specific law that gives a slightly clearer picture: The Restriction on Agreements and Conduct (Tour Operators) traveling wilburys Order 1987.
Article 6 of the order states: "It shall be unlawful for a tour operator to give or agree to give any preference in respect of the giving of orders for agency services to travel agents who do not offer inducements . . ."
However, if cruise lines have cut base commissions across the board, it may be difficult to prove a preference of one agent over another. Any discrepancies traveling wilburys between commercial terms for agents or groups of agents could easily be explained as 'economies of scale' or simple differences in bargaining power.

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