Nearly All German Corporates Sign Controversial Lufthansa Contracts - Business Travel News

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Nearly All German Corporates Sign Controversial Lufthansa Contracts

September 07, 2010 - 03:30 PM ET

By Amon Cohen

Around 95 percent of Lufthansa’s corporate clients in Germany have signed the controversial contracts introduced by the airline earlier this year, the head of one of the country’s largest travel management companies told BTN on Tuesday.

In many cases, negotiations between airline and client have led to compromises over Lufthansa’s contentious penalty clauses for not meeting volume or marketshare commitments, although in all cases some element of a penalty has been retained, the executive said. The source added that Lufthansa has lost marketshare this year, attributing the fall in part to corporate unhappiness with the new contracts.

The TMC leader told BTN that buyers had found Lufthansa prepared to compromise on some issues, but not on others. “To my knowledge, there is a remnant of the penalty clause in all contracts but Lufthansa did back down a little bit,” he said. “There has not been a standard compromise. Instead, the compromise has ranged from the amount of time before a penalty is imposed to not taking back discounts that were given upfront but reducing kickbacks instead.”

BTN reported earlier this summer that buyers had particularly objected to paying penalties for non-fulfillment of commitments because Lufthansa was not giving them last-seat availability at the negotiated rate in return, making it impossible to use the corporate deal on some flights. “Addressing the lack of access to inventory is something Lufthansa has not compromised on because it is fundamental to the airline’s yield management,” the TMC executive said Tuesday. “This is the main issue for the corporate clients that have still not signed.” According to the source, the majority of those who refused to sign are Germany’s largest corporations.

German travel buyers also had objected to a clause compelling clients to authorize the release of their data by Lufthansa to global distribution systems to create marketing information data tapes. However, the TMC source attached less significance to this point. “In reality, this is not a new issue,” the source said. “It was confirming a practice which was there before. Lufthansa put it in because of the European Commission CRS Code of Conduct. Buyers made a stand on the issue because of their emotional resentment of Lufthansa.”

The source went on to claim that although the German flag carrier has recovered in volume this year, its pace of recovery has lagged behind other airlines in the German corporate market and therefore its marketshare has slipped. “The willingness to pay more to fly Lufthansa reduced in the recession and now that the economy is improving, passengers are not switching back to it as much as everyone thought they would,” the source said.

At a BTN Top 100 European Buyers session at Tuesday’s NBTA Europe conference in Lisbon, travel managers also expressed unhappiness with the Lufthansa contracts. “Lufthansa is one of the worst in terms of what it is asking for in its contracting,” said one manager with Europe-wide travel buying responsibilities. “If you don’t provide MIDT or meet its other demands, it is willing to walk away.”

Another said: “I think all the airlines will be watching to see what happens with Lufthansa, which has taken contracting to an extreme.”


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