- 1
- The Designated Airline(s) of each Party shall be allowed:
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- a)to establish in the Territory of the other Party offices for the promotion and sale of Air Services 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 Services;
- b)in the Territory of the other Party to engage directly and, at its discretion, through its agents, and/or other Airlines in the sale of Air Services and ancillary or supplemental services,
- 2
- The Designated Airline(s) of each Party shall be allowed to bring in and maintain in the Territory of the other Party its managerial, commercial, operational and technical staff as it may require in connection with the provision of Air Services and ancillary or supplemental services, in accordance with the entry, residence and employment rules and regulations of the other Party.
- 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 Party, authorized to perform such services in the Territory of that Party.
- 4
- Ground handling activities shall be carried out in accordance with the laws and regulations of each Party, including, in the case of the European part of the Netherlands, European Union law. Each Designated Airline shall be treated on a non-discriminatory basis.
- 5
- In operating or holding out the Air Services on the Specified Routes, each Designated Airline of a 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 Airline(s) of the same Party;
- (ii)the Airline(s) of the other Party;
- (iii)the Airline(s) of a third country;
- b)the operating Airline(s) 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 Party designating the operating Airline(s). The Capacity offered by the marketing Airline(s) on such services shall not be counted against the Capacity entitlement of the 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 Airline(s) the purchaser is entering into a contractual relationship;
- f)these provisions shall be applicable to passenger, combination and all-cargo services.
