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- For the purpose of this Agreement:
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- a)the term “Aeronautical Authorities” means for the Kingdom of the Netherlands, the Minister of Infrastructure and Water Management; and, for the Dominican Republic, the Civil Aviation Board;
- 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 this Agreement or the 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 that 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 been ratified by both Parties;
- g)the term “Designated Airline” means the Airline which has been designated and authorized in accordance with Article 3 (Designation and Authorization) of this Agreement;
- h)the term “Stores” means articles, 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, excluding governmental levies, charged or to be charged by the Airline, directly or through their agents, to any person or entity for the carriage of passengers (and their baggage) and cargo (excluding mail) in air transportation, including:
- (i)the conditions governing the availability and applicability of a Tariff; and
- (ii)he charges and conditions for any services ancillary to such carriage which are offered by the Airline;
- j)in the case of the Kingdom of the Netherlands, the terms “Sovereignty” and “Territory”, in relation to a Party, shall have the meaning respectively assigned to them in Article 1 and Article 2 of the Convention;in the case of the Dominican Republic, the terms “Sovereignty” and “Territory”, in relation to a State, have the meaning in accordance with the stipulations of Article 1 and Article 2 of the Convention; Sovereignty: “The Contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory.”; Territory: “In relation to a State means the land areas and territorial waters adjacent thereto and the airspace above them under the sovereignty of that State.”;
- k)the term “User Charge” means a charge imposed on Airlines for the provision of airport, air navigation, or aviation security facilities or services including related services and facilities;
- l)the term “Capacity” means the combination of frequency per week and (the configuration of) the type of aircraft used on the route offered to the public by the Designated Airline;
- m)the term “European Union Member State” means a state that is now or in the future a contracting party to the Treaty on the European Union and the Treaty on the functioning of the European Union;
- n)the term “Caribbean part of the Netherlands” means the islands of Bonaire, Sint Eustatius and Saba;
- o)the term “the Netherlands” means:
- (i)the European part of the Netherlands; and
- (ii)the Caribbean part of the Netherlands;
- p)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.
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- The applicable legislation for the European part of the Netherlands includes applicable legislation of the European Union.
