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Article 6 Commercial Activities

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Article 6 Commercial Activities

    1
  • The Designated Airline(s) of each Contracting Party shall be allowed:
    • 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 any currency.
    2
  • The Designated Airline(s) of each Contracting Party 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
  • Subject to the laws and regulations of each Contracting Party including, in the case of the European part of the Netherlands, European Union Law, each Designated Airline shall have in the Territory of the other Contracting Party the right to perform its own ground handling (“self-handling”) or, at its option, the right to select among competing suppliers that provide ground handling services in whole or in part. Where such laws and regulations limit or preclude self-handling services, 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.
    5
  • In operating or holding out the Air Services on the Specified Routes of the Annex of this Agreement, each Designated Airline of each Contracting Party may enter into commercial or cooperative marketing arrangements such as blocked-space, or code-sharing arrangements with:
    • a)the Designated Airline(s) of the same Contracting Party;
    • b)the Designated Airline(s) of the other Contracting Party, including domestic code share;
    • c)the Designated Airline(s) of a third country; provided that:
    • (i)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;
    • (ii)all marketing Airlines involved in the cooperating arrangements shall hold the underlying route rights and meet the requirements normally applied to such arrangements;
    • (iii)all tickets sold by the Airline at its point of sale clearly specify to the purchaser which Airline will effectively operate each sector of the route and with which Airline(s) the purchaser will be entering into a contractual relationship.
  • When a Designated Airline performs the Agreed Services under code share arrangements as the operating Airline, the total Capacity operated shall be counted against the Capacity entitlement of the Contracting Party designating the operating Airline. The Capacity offered by the marketing Airline on code share services operated by other Airlines shall not be counted against the Capacity entitlement of the Contracting Party designating that Airline.
    6
  • Each Designated Airline may employ surface transportation in connection with air international transportation for passengers and cargo. The above mentioned activities shall be performed in conformity with the laws and regulations in effect in the Territory of the other Contracting Party.

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