- 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 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)to engage, in the Territory of the other Party, 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 Air Services and ancillary or supplemental services, and any person shall be free to purchase such transportation or services in any currency.
- 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 transportation and ancillary or supplemental services.
- 3
- These staff requirements may, at the option of the Designated Airline, be met 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
- Subject to the laws and regulations of each Party, and the Standards and Recommended Practices (SARPs) contained in ICAO Annex 6 and 17 and including, in the case of the European part of the Netherlands, European Union law, each Designated Airline shall have the right to perform its own ground-handling in the Territory of the other Party (“self-handling”) or, at its option, select among competing agents or Airlines, for such services in whole or in part. The right shall be subject to physical and other constraints resulting from considerations of airport safety. When the laws, regulations, internal rules, contractual rules or obligations of a Party, impede self-handling, ground services shall be available on an equal basis to all Designated Airlines; charges shall be based on the costs of services provided; and such services shall be comparable to the kind and quality of services as if self-handling were possible.
- 5
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- a)In operating or holding out the Air Services on the Specified Routes, each Designated Airline of one Party may enter into commercial and/or cooperative marketing arrangements including, but not limited to blocked-space, codesharing and leasing arrangements, with:
- (i)the Designated Airline(s) of the same Party;
- (ii)the Designated Airline(s) of the other Party, including domestic codeshare;
- (iii)the Designated Airline(s) of a third country;
- (iv)a cargo surface transportation provider of any country.
- b)The operating Airline(s) involved in the cooperative 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 cooperative 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 concerned Airline or its agent shall make clear to the purchaser, at the point of sale, 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.
- 6
- Notwithstanding any other provision of this Agreement, the Designated Airline(s) and indirect providers of air transportation of either of the Parties shall be permitted, without restriction, to employ, in connection with international air transportation, any surface transportation for passengers, baggage, cargo and mail to or from any points in the Territory of either of the 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, baggage, cargo and mail, whether moving by surface or by air, shall have access to airport customs processing and facilities. The Designated Airline(s) may choose 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 Party. In the case of the European part of the Netherlands this includes applicable European Union law.
