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- For the purpose of this Agreement, unless otherwise stated:
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- a)the term “Aeronautical Authorities” means for the Kingdom of the Netherlands, the Ministry of Infrastructure and Water Management; for the Federative Republic of Brazil, the civil aviation authority represented by the National Civil Aviation Agency (ANAC); or, in either case, any other person or body authorized to perform any functions exercised by the said Authorities;
- b)the terms “Agreed Service” and “Specified Route” mean International Air Service pursuant to this Agreement and the Route Specified in the Annex to this Agreement respectively;
- c)the term “Agreement” means this Agreement, its Annex, as well as any amendment to the Agreement or to its Annex;
- d)the terms “Air Service”, “International Air Service”, “Airline” and “Stop for non-traffic purposes” shall have the meaning respectively assigned to them in Article 96 of the Convention;
- e)the term “Change of Aircraft” means the operation of one of the Agreed Services by a Designated Airline in such a way that one or more sectors of the Specified Route are flown by different aircraft;
- f)the term “the Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and includes any Annex adopted under Article 90 of the Convention and any amendment of the Annexes or the Convention under Articles 90 and 94 thereof, insofar as those Annexes and amendments have become effective for, or have been ratified by both Contracting Parties;
- g)the term “Designated Airline” means an Airline which has been designated and authorized in accordance with Article 3 (Designation and Authorization) of this Agreement;
- h)the term “Stores” means items of a readily consumable nature for use or sale on board an aircraft during flight including commissary supplies;
- i)the term “Tariff” means any amount, fare, rate or charge charged or to be charged by Airlines, directly or through their agents, to any person or entity for the carriage of passengers (and their baggage) and/or cargo (excluding mail) in air transportation, including:
- (i)the conditions governing the availability and applicability of a Tariff; and
- (ii)the charges and conditions for any services ancillary to such carriage as well as any other mode(s) of transportation in connection therewith which are offered by Airlines;
- j)the term “Territory” in relation to either Contracting Party has the meaning assigned to it in Article 2 of the Convention;
- k)the term “User Charge” means a charge imposed by the competent authorities or permitted by them to be made on Airlines for the provision of appropriate airport, air navigation and/or aviation security property, facilities and/or services at the airport or within the airport system, including related services and facilities for aircraft, their crews, passengers and cargo;
- l)the term “Capacity” means the amount(s) of services provided under this Agreement, usually measured in the number of flights (frequencies) or seats or tons of cargo offered in a market (city pair or country-to-country) or on a Specified Route during a specific period, such as daily, weekly, seasonally or annually;
- m)the term “European Union Member State” means a state that is now or in the future a party to the Treaty on the European Union and the Treaty on the Functioning of the European Union;
- n)
- (i)References in this Agreement to nationals of the Kingdom of the Netherlands shall be understood as referring to nationals of European Union Member States;
- (ii)References in this Agreement to Airlines of the Kingdom of the Netherlands shall be understood as referring to Airlines designated by the Kingdom of the Netherlands;
- (iii)References in this Agreement to the “European Union Treaties” shall be understood as referring to the Treaty on the European Union and the Treaty on the Functioning of the European Union;
- o)the term “the Netherlands” means
- (i)the European part of the Netherlands, and
- (ii)the Caribbean part of the Netherlands;
- p)the term “European part of the Netherlands” means the part of the Territory of the Kingdom of the Netherlands that is geographically situated in Europe;
- q)the term “Caribbean part of the Netherlands” means the islands of Bonaire, Sint Eustatius and Saba;
- r)the term “residents of the Caribbean part of the Netherlands” means residents with the nationality of the Kingdom of the Netherlands originating from the Caribbean part of the Netherlands; and
- s)an Airport Slot (or “Slot”) is the permission given by a coordinator to use the full range of airport infrastructure necessary to operate a planned Air Service at a coordinated airport on a specific date and time for the purpose of landing or take-off.
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- The applicable legislation for the European part of the Netherlands includes applicable legislation of the European Union.
