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Article V

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Article V

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  • In operating or holding out the Air Services on the Agreed Routes, any Designated Airline of one Contracting Party may enter into commercial and/or cooperative marketing arrangements including but not limited to blocked-space, code sharing and leasing arrangements, with an airline of the other Contracting Party. This is applicable too on domestic routes operated with the designated airline of the Contracting Party concerned, provided (a) that the operating carrier in such arrangements holds the appropriate operating authorization and (b) that tickets make it clear to the purchaser at the point of sale which Airline will actually operate each sector of the service and with which Airline or Airlines the purchaser is entering into a contractual relationship. The code-sharing services of the marketing carrier will not be counted as a frequency.
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  • The designated airline(s) of each Contracting Party will be permitted subject to national laws to employ surface and/or sea transportation for cargo in connection with international air transportation, to be provided by companies officially recognized and licensed by the authorities of the other Contracting Party to or from any point in the territory of the one Contracting Party concerned or in third countries, including transport to and from all airports with customs facilities, under the applicable law and regulations. Such cargo, whether moving by surface or by air will have access to airport customs processing and facilities.
  • Such intermodal cargo services may be offered at a single through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation.
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  • The designated airline(s) of each Contracting Party shall be allowed subject to national laws;
    • 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 airway bill, both its own tickets and/or airway bills and of any other carrier) as well as other facilities required for the provision of air transportation;
    • 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;
    • to sell such transportation and ancillary or supplemental services and any person shall be free to purchase such transportation or services in any currency.
    • 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;
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  • 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 for such services in whole or in part. This right shall be subject only to physical constraints resulting from considerations of airport safety. Where such considerations preclude self handling, ground services shall be available on an equal basis to all airlines.
  • 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 Netherlands this includes applicable European Community law.

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