- 1
- The Designated Airline of each Contracting Party shall be allowed:
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- a)to establish in the Territory of the other Contracting Party offices for the promotion and sale of air transportation and ancillary or supplemental services (including the right to sell and to issue any ticket and/or air waybill, both its own tickets and/or air waybills and of any other Airline) as well as other facilities required for the provision of air transportation;
- b)in the Territory of the other Contracting Party to engage directly and, at its discretion, through its agents, and/or other airlines in the sale of air transportation and ancillary or supplemental services;
- c)to sell such transportation and ancillary or supplemental services and any person shall be free to purchase such transportation or services in any currency.
- 2
- The Designated Airline of each Contracting Party shall be allowed to bring in and maintain in the Territory of the other Contracting Party its managerial, commercial, operational and technical staff as it may require in connection with the provision of air transportation and ancillary or supplemental services.
- 3
- These staff requirements may, at the option of the Designated Airline, be satisfied by its own personnel or by using the services of any other organization, company or Airline operating in the Territory of the other Contracting Party, authorized to perform such services in the Territory of that Contracting Party.
- 4
- Subject to the laws and regulations of each Contracting Party, including in the case of the Netherlands EU law, each Designated Airline shall have the right to perform its own ground handling in the Territory of the other Contracting Party (“self-handling”), or, at its option, select among competing agents or airlines, for such services in whole or in part. This right shall be subject to physical and other constraints resulting from considerations of airport safety. Ground handling activities shall be carried out in accordance with the laws, regulations and contractual provisions of the Parties, including, in the case of the Netherlands, European Union law. Where such laws, regulations and contractual provisions limit or preclude self-handling each Designated Airline shall be treated on a non-discriminatory basis as regards their ground handling services provided by one or more duly authorized providers.
- 5
- In operating or holding out the Air Services on the Specified Routes, each Designated Airline of a Contracting Party may enter into commercial and/or cooperative marketing arrangements under the following conditions:
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- a)the commercial and/or cooperative marketing arrangements may include, but shall not be limited to blocked-space, code-sharing and leasing arrangements, with:
- (i)the Designated Airline of the same Contracting Party;
- (ii)the Designated Airline of the other Contracting Party, including domestic code share;
- (iii)the Designated Airline of a third country;
- (iv)a cargo surface transportation provider of any country.
- b)the operating Airlines involved in the co-operative marketing arrangements shall hold the underlying traffic rights including the route rights and the Capacity entitlements and meet the requirements normally applied to such arrangements;
- c)all marketing Airlines involved in the co-operating arrangements shall hold the underlying route rights and meet the requirements normally applied to such arrangements;
- d)the total Capacity operated by the Air Services performed under such arrangements shall be counted only against the Capacity entitlement of the Contracting Party designating the operating Airlines. The Capacity offered by the marketing Airlines on such services shall not be counted against the Capacity entitlement of the Contracting Party designating that Airline;
- e)when holding out services for sale under such arrangements, the Airline concerned or its agent shall make it clear to the purchaser at the point of sale as to which Airline shall be the operating Airline on each sector of the service and with which Airlines the purchaser is entering into a contractual relationship;
- f)these provisions shall be applicable to passenger, combination and all-cargo services.
- 6
- Notwithstanding any other provision of this Agreement, the Designated Airlines and indirect providers of air transportation of either of the Contracting Parties shall be permitted, without restriction, to employ in connection with International Air Services any surface transportation for passengers, cargo and mail to or from any points in the Territories of the Contracting Parties or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo and mail in bond under applicable laws and regulations.
- 7
- Such passengers, cargo and mail, whether moving by surface or by air, shall have access to airport customs processing and facilities. Designated Airlines may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other Airlines and indirect providers of air cargo transportation. Such intermodal services may be offered at a single through price for the air and surface transportation combined, provided that passengers and shippers are not misled as to the facts concerning such transportation.
- 8
- The activities mentioned in this Article shall be carried out in accordance with the laws and regulations of the other Contracting Party. In case of the European part of the Netherlands, this includes applicable European Union law.
