- 1
- The Designated Airline(s) of each Contracting Party shall be allowed:
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- a)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 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)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;
- c)to sell such transportation and ancillary or supplemental services and any person shall be free to purchase such transportation or services in local currency and in any freely usable currency, provided that the latter is accepted by the Designated Airline(s).
- 2
- The Designated Airline(s) of each Contracting Party, in accordance with the laws and regulations of the other Contracting Party relating to entry, residence and employment, shall be allowed 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.
- 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 Contracting Party, authorized to perform such services in the Territory of that Contracting Party.
- 4
- Each Designated Airline shall have the right to perform its own ground handling (“self handling”) in the Territory of the other Contracting Party, or, at its option, select among competing suppliers that provide ground handling services in whole or in part. This right shall be subject only to constraints justified by specific constraints of available space or capacity. Each Designated Airline shall be treated on a non-discriminatory basis as regards their access to self handling and ground handling services provided by a supplier or suppliers. Ground handling activities shall be carried out in accordance with the laws and regulations of each Contracting Party, including, in the case of the European part of The Netherlands, European Union Law.
- 5
- In operating or holding out the Air Services on the Specified Routes, each Designated Airline of a Contracting 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 and code-sharing arrangements, with:
- (i)the Designated Airline(s) of the same Contracting Party;
- (ii)the Designated Airline(s) of the other Contracting Party, including domestic code-share;
- (iii)the Designated 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 Contracting 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 Contracting Party designating that Airline;
- e)when holding out Air 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 Air 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 Air Services.
- 6
- The activities mentioned in this Article shall be carried out in accordance with the laws and regulations in force of such Contracting Party. In case of the European part of the Netherlands this includes applicable European Union law.
