Our agreements not only contain no provision barring any airline from making any fare available through any channel, they contain an affirmative non-exclusivity provision that makes it explicit that no airline is prevented from making any fare it chooses available through any channel it chooses. Our agreement contains a non-discrimination clause by which those airlines that will receive the indirect discount on the CRS booking fee agree in return to make available on any fare they publish and make available to the general public through any other channel. But that of course does not preclude them from offering any fare through any other channel.

We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our site. We will use our reasonable commercial efforts to keep our site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to our site may not be uninterrupted or available at all times. We cannot promise that our site will be error-free, that defects or errors will be corrected or that our site or the servers that make it available are free from viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of our site or take any action that imposes an unreasonable load on our computer equipment.

Then the allegation that we are "an illegal boycott against third party distributors" because it has "requirements for posting fare sales that cannot be sold" by others is not true? It is absolutely not true, and those who have made that allegation had absolutely no basis for making it. Our agreements contain no boycott against any distributors whatsoever, and in fact affirmatively provide that no airline is precluded from utilizing any other distribution channel or offering any fare through any channel. The Department of Justice is presently reviewing all agreements, so there will be no question on this point. Do airlines today make all their fares available through all retail channels?

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