For the purposes of this Agreement, unless otherwise stated:
- a)the term “Aeronautical Authorities” means, in the case of the Republic of the Union of Myanmar, the Department of Civil Aviation of the Ministry of Transport and Communications; in the case of the Kingdom of the Netherlands, the Minister of Infrastructure and the Environment; or in both cases any other authority or person empowered to perform the functions now 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 drawn up in application thereof, and any amendments to the Agreement or the Annex;
- d)the terms “Air Service”, “International Air Service”, and “Airline” shall have the meaning respectively assigned to them in Article 96 of the Convention;
- e)the term “Air Transportation” means the public carriage by aircraft of passengers, baggage, cargo and mail, separately or in combination, for remuneration or hire;
- f)the term “Capacity” (i) in relation to an aircraft, means the payload of that aircraft available on a route or section of a route; (ii) in relation to an Air Service, means the capacity of the aircraft used on such service multiplied by the frequency operated by such aircraft over a given period on a route or section of a route;
- g)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;
- h)the term “Contracting Party” means a State which has formally agreed to be bound by this Agreement;
- i)the term “the Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on the seventh day of December, 1944, and includes any Annex adopted under Article 90 of that Convention, and any amendment of the Annexes or Convention under Articles 90 and 94 thereof, insofar as such Annexes and amendments have become effective for both Contracting Parties;
- j)the term “Designated Airline” means an Airline which has been designated and authorized in accordance with Article 3 of this Agreement (Designation and Authorization);
- k)the term “EU 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;
- l)the term “ICAO” means the International Civil Aviation Organization;
- m)the term “International Air Transportation” means air transportation in which the passengers, baggage, cargo and mail which are taken on board in the Territory of one State are destined for another State;
- n)the term “Price” means any amount, excluding governmental levies, charged or to be charged by the Airline, directly or through its 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 price;
- ii.the charges and conditions for any services ancillary to such carriage whichare offered by the Airline.
- o)the term “Stores” means articles of a readily consumable nature for use or sale on board an aircraft during flight including commissary supplies;
- p)the term “Territory” in relation to either Contracting Party shall be deemed to be the land areas and territorial waters adjacent thereto and airspace there above under the sovereignty, suzerainty, protection or mandate of the Contracting Party;
- q)the term “User Charge” means a charge made to Airlines by the competent authorities, or permitted by them to be made, for the provision of airport property or facilities or of air navigation facilities, or aviation security facilities or services, including related services and facilities, for aircraft, their crews, passengers and cargo.
