Common use of Commercial Activities Clause in Contracts

Commercial Activities. 1. In accordance with the laws and regulations of the other Contracting Parties, the designated airline of a Contracting Party shall have the right: a. in relation to entry, residence and employment, to bring in and maintain in the territory of the other Contracting Parties managerial and other specialist staff, office equipment and other related equipment and promotional materials required for the operation of international air services; b. to establish offices in the territory of the other Contracting Party for the purposes of provision, promotion and sale of air services; c. to engage in the sale of air services in the territory of the other Contracting Party directly and, at its discretion, through its agents; to sell such air services, and any person shall be free to purchase such services in local currency of that territory or, subject to the national laws and regulations, in freely convertible currencies of other countries; d. to convert and remit to the territory of its incorporation, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the airline makes the initial application for remittance. Such conversion and remittance shall be made in accordance with the foreign exchange regulations of the Contracting Party concerned; and e. to pay for local expenses, including purchases of fuel, in the territories of the other Contracting Parties in local currency. At their discretion, the airlines of each Contracting Party may pay for such expenses in the territory of the other Contracting Parties in freely convertible currencies according to local currency regulation. 2. In operating or holding out the authorised services on the agreed routes, the designated airline(s) may, subject to national laws and regulations and policies, enter into cooperative marketing arrangements which may include but are not limited to code-sharing or block-space with: a. an airline or airlines of the same Contracting Party; and b. an airline or airlines of the other Contracting Parties. provided that all participants in such arrangements hold the underlying traffic rights and appropriate authorisation and meet the requirements applied to such arrangements. 3. The marketing airline may be required to file for approval to the aeronautical authority of each Contracting Party of any cooperative marketing arrangements entered into with an operating airline, in accordance with paragraph 2 of this Article, before its proposed introduction. 4. When holding out air services for sale, the marketing airline will make it clear to the purchaser of tickets for such services, at the point of sale, which airline will be the operating airline on each sector of the services and with which airline or airlines the purchaser is entering into a contractual relationship.

Appears in 4 contracts

Sources: Asean Multilateral Agreement on Air Services, Asean Multilateral Agreement on Air Services, Asean Multilateral Agreement on Air Services

Commercial Activities. 1. In accordance with the laws and regulations The Designated Airlines of the other Contracting Parties, the designated airline of a Contracting each Party shall have the right:right to establish in the Territory of the other Party offices for the purpose of promotion of air transportation and sale of transport documents as well as for other ancillary products and facilities required for the provision of air transportation. a. in relation to entry, residence and employment, 2. The Designated Airlines of each Party shall be entitled to bring in into and maintain in the territory Territory of the other Contracting Parties managerial Party those of their own managerial, commercial, operational, sales, technical and other specialist staffpersonnel and representatives as it may require in connection with the provision of air transportation. 3. Such representatives and staff requirements mentioned in paragraph 2 of this Article may, office equipment and at the option of the Designated Airline, be satisfied by its own personnel of any nationality or by using the services of any other related equipment and promotional materials required for the operation of international air services; b. to establish offices airline, organization or company operating in the territory Territory of the other Contracting Party for and authorized to perform such services in the purposes Territory of provisionsuch other Party. 4. The Designated Airlines of each Party shall, promotion either directly and sale of air services; c. at their discretion, through agents, have the right to engage in the sale of air services transportation and its ancillary products and facilities in the territory Territory of the other Contracting Party. For this purpose, the Designated Airlines shall have the right to use its own transportation documents. The Designated Airline of each Party directly and, at its discretion, through its agents; shall have the right to sell such air servicessell, and any person shall be free to purchase purchase, such services transportation and its ancillary products and facilities in local currency or in any other freely convertible currency. 5. The Designated Airlines of one Party shall have the right to pay for local expenses in the Territory of the other Party in local currency or provided that territory orthis is in accordance with local currency regulations, in any freely convertible currencies. 6. Notwithstanding any other provision of this Agreement, the Designated Airlines and indirect providers of air cargo transportation of both Parties shall be permitted, without restriction, to employ any surface transportation for air cargo to or from points in the Territories 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 air cargo in bond under applicable laws and regulations. Such air cargo, whether moving by surface or by air, shall have access to airport customs and processing facilities. The Designated Airlines may elect 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 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. 7. In connection with international air transportation, the Designated Airlines of each Party shall be permitted to hold out passenger services under their own name, through cooperative arrangements with surface transportation providers holding the appropriate authority to provide such surface transportation to and from any points in the Territories of the Parties and beyond. Surface transportation providers shall not be subject to the national laws and regulationsregulations governing air transportation on the sole basis that such surface transportation is held out by an airline under its own name. Such intermodal services may be offered at a single through price for the air and surface transportation combined, in freely convertible currencies of other countries; d. to convert and remit provided that passengers are not misled as to the territory of its incorporationfacts concerning such transportation. Surface transportation providers have the discretion to decide whether to enter into the cooperative arrangements referred to above. In deciding on any particular arrangement, on demandsurface transportation providers may consider, local revenues among other things, consumer interest and technical, economic, space or capacity constraints. 8. All the above activities in excess of sums locally disbursed. Conversion and remittance this Article shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the airline makes the initial application for remittance. Such conversion and remittance shall be made carried out in accordance with the foreign exchange applicable laws and regulations of the Contracting Party concerned; and e. to pay for local expenses, including purchases of fuel, in force in the territories Territory of the other Contracting Parties in local currency. At their discretion, the airlines of each Contracting Party may pay for such expenses in the territory of the other Contracting Parties in freely convertible currencies according to local currency regulationParty. 2. In operating or holding out the authorised services on the agreed routes, the designated airline(s) may, subject to national laws and regulations and policies, enter into cooperative marketing arrangements which may include but are not limited to code-sharing or block-space with: a. an airline or airlines of the same Contracting Party; and b. an airline or airlines of the other Contracting Parties. provided that all participants in such arrangements hold the underlying traffic rights and appropriate authorisation and meet the requirements applied to such arrangements. 3. The marketing airline may be required to file for approval to the aeronautical authority of each Contracting Party of any cooperative marketing arrangements entered into with an operating airline, in accordance with paragraph 2 of this Article, before its proposed introduction. 4. When holding out air services for sale, the marketing airline will make it clear to the purchaser of tickets for such services, at the point of sale, which airline will be the operating airline on each sector of the services and with which airline or airlines the purchaser is entering into a contractual relationship.

Appears in 4 contracts

Sources: Air Services Agreement, Air Services Agreement, Air Services Agreement

Commercial Activities. 1. In accordance with the laws and regulations The designated airlines of the other Contracting Parties, the designated airline of a each Contracting Party shall have the right:right to establish in the territory of the other Contracting Party offices for the purpose of promotion of air transportation and sale of transport documents as well as for other ancillary products and facilities required for the provision of air transportation. a. in relation to entry, residence and employment, 2. The designated airlines of each Contracting Party shall be entitled to bring in into and maintain in the territory of the other Contracting Parties managerial Party those of their own managerial, commercial, operational, sales, technical and other specialist staffpersonnel and representatives as it may require in connection with the provision of air transportation. 3. Such representatives and staff requirements mentioned in paragraph (2) of this Article may, office equipment and at the option of the designated airline, be satisfied by its own personnel of any nationality or by using the services of any other related equipment and promotional materials required for the operation of international air services; b. to establish offices airline, organization or company operating in the territory of the other Contracting Party and authorized to perform such services in the territory of such other Contracting Party. 4. The representatives and staff shall be subject to the laws and regulations in force of the other Contracting Party, and consistent with such laws and regulations: a) each Contracting Party shall, on the basis of reciprocity and with the minimum of delay, grant the necessary employment authorizations, visitor visas or other similar documents to the representatives and staff referred to in paragraph (3) of this Article; and b) both Contracting Parties shall facilitate and expedite the requirement of employment authorizations for personnel performing certain temporary duties not exceeding ninety (90) days. 5. The designated airlines of each Contracting Party shall, either directly and at their discretion, through agents, have the purposes of provision, promotion and sale of air services; c. right to engage in the sale of air services transportation and its ancillary products and facilities in the territory of the other Contracting Party. For this purpose, the designated airlines shall have the right to use its own transportation documents. The designated airlines of each Contracting Party shall have the right to sell, and any person shall be free to purchase, such transportation and its ancillary products and facilities required for the provision of air transportation in local currency or in any other freely convertible currency. 6. The designated airlines of one Contracting Party shall have the right to pay for local expenses in the territory of the other Contracting Party directly and, at its discretion, through its agents; to sell such air services, and any person shall be free to purchase such services in local currency of or provided that territory or, subject to the national laws and this is in accordance with local currency regulations, in any freely convertible currencies of other countries;currencies. d. to convert and remit to the territory of its incorporation, on demand, local revenues in excess of sums locally disbursed7. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the airline makes the initial application for remittance. Such conversion and remittance shall be made in accordance with the foreign exchange regulations of the Each Contracting Party concerned; andshall apply the Code of Conduct formulated by the International Civil Aviation Organization for the regulation and operation of Computer Reservation Systems within its territory, consistent with other applicable regulations and obligations concerning Computer Reservation Systems. e. 8. The designated airlines shall have the right to pay for local expenses, including purchases of fuel, perform its own ground handling with respect to passenger check-in the territories of the other Contracting Parties in local currency. At their discretion, the airlines of each Contracting Party may pay for such expenses operations in the territory of the other Contracting Parties Party. This right does not include airside ground handling services and will only be subject to constraints resulting from requirements of airport safety, security and airport infrastructure. Where safety and security considerations preclude the exercise of the right mentioned in freely convertible currencies according this paragraph, such ground handling services shall be made available without preference or discrimination to local currency regulationany airline engaged in similar international air services. 29. In operating or holding out On the authorised services on basis of reciprocity and in addition to the agreed routesright granted by paragraph (8) of this Article, each designated airline of one Contracting Party shall have the designated airline(s) may, subject right to national laws and regulations and policies, enter into cooperative marketing arrangements which may include but are not limited to code-sharing or block-space with: a. an airline or airlines of select in the same Contracting Party; and b. an airline or airlines territory of the other Contracting PartiesParty, any agent from competing handling agents authorized by the competent authorities of that other Contracting Party, for the provision, in whole or in part, of handling services. 10. The designated airlines of one Contracting Party may also be permitted to provide ground handling services envisaged by paragraph (8) of this Article, in whole or in part, for other airlines serving the same airport in the territory of the other Contracting Party. 11. Designated Airlines and indirect providers of Cargo transportation of both Contracting Parties shall be permitted, without restriction, to employ in connection with International Air Transportation any surface transportation for Cargo to or from any points in the territories of the Contracting Parties or in third countries, including to and from all airports with customs facilities and to transport Cargo in bond under applicable laws and regulations. Such Cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Designated Airlines may elect 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 Cargo air transportation. Such intermodal Cargo services may be offered at a single, through price for the air and surface transportation combined, provided that all participants in shippers are not misled as to the facts concerning such arrangements hold the underlying traffic rights and appropriate authorisation and meet the requirements applied to such arrangementstransportation. 312. The marketing airline may be required to file for approval to In connection with international air transport, the aeronautical authority Designated Airlines of each Contracting Party shall be permitted to hold out passenger services under their own name, through cooperative arrangements with surface transportation providers holding the appropriate authority to provide such surface transportation to and from any points in the Territories of the Contracting Parties and beyond. Surface transportation providers shall not be subject to the laws and regulations governing air transportation on the sole basis that such surface transportation is held out by an airline under its own name. Such intermodal services may be offered at a single through price for air and surface transportation combined, provided that passengers are not misled as to the facts concerning such transportation. Surface transportation providers shall have the discretion to decide whether to enter into the cooperative arrangements referred to above. In deciding on any cooperative marketing arrangements entered into particular arrangement, surface transportation providers may consider, among other things, consumer interest and technical, economic, space or capacity constraints. 13. Each airline may, in operating services under this Agreement, use its own aircraft or aircraft that have been leased ("dry lease"), subleased, rented by the hour ("interchange" or "lease for hours"), or leased with an operating airlinecrew, insurance and maintenance ("wet lease"), through a contract between airlines of either Contracting Party or third countries, observing the laws and regulations of each Contracting Party and the Protocol on the Amendment to the Convention (Article 83 bis). In the case of interchange, the Aeronautical Authorities of the Contracting Parties shall conclude a specific agreement establishing the conditions of transfer of responsibility for safety, as provided by the International Civil Aviation Organization. 14. All the above activities shall be carried out in accordance with paragraph 2 of this Article, before its proposed introduction. 4. When holding out air services for sale, the marketing airline will make it clear to applicable laws and regulations in force in the purchaser of tickets for such services, at the point of sale, which airline will be the operating airline on each sector territory of the services and with which airline or airlines the purchaser is entering into a contractual relationshipother Contracting Party.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Activities. 1. In accordance with the laws and regulations The Designated Airlines of the other Contracting Parties, the designated airline of a each Contracting Party shall have the right: a. in relation right to entry, residence and employment, to bring in and maintain establish in the territory of the other Contracting Parties managerial and other specialist staff, office equipment and other related equipment and promotional materials required for the operation of international air services; b. to establish offices in the territory Territory of the other Contracting Party offices for the purposes purpose of provision, promotion of air transportation and sale of transport documents as well as for other ancillary products and facilities required for the provision of air services;transportation. c. 2. The Designated Airlines of each Contracting Party shall be entitled, to bring into and maintain in the Territory of the other Contracting Party those of their own managerial, commercial, operational, sales, technical and other personnel and representatives as it may require in connection with the provision of air transportation. 3. Such representatives and staff requirements mentioned in paragraph 2 of this Article may, at the option of the Designated Airline, be satisfied by its own personnel of any nationality or by using the services of any other airline, organization or company operating in the Territory of the other Contracting Party and authorized to perform such services in the Territory of such other Contracting Party. 4. The Designated Airlines of each Contracting Party shall, either directly and at their discretion, through agents, have the right to engage in the sale of air services transportation and its ancillary products and facilities in the territory Territory of the other Contracting Party. For this purpose, the Designated Airlines shall have the right to use its own transportation documents. The Designated Airline of each Contracting Party directly and, at its discretion, through its agents; shall have the right to sell such air servicessell, and any person shall be free to purchase purchase, such services transportation and its ancillary products and facilities in local currency of that territory or, subject to the national laws and regulations, or in any other freely convertible currencies currency. 5. The Designated Airlines of other countries; d. to convert and remit to the territory of its incorporation, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the airline makes the initial application for remittance. Such conversion and remittance shall be made in accordance with the foreign exchange regulations of the one Contracting Party concerned; and e. shall have the right to pay for local expensesexpenses in the Territory of the other Contracting Party in local currency or provided that this is in accordance with local currency regulations, including purchases in any freely convertible currencies. 6. Notwithstanding any other provision of fuelthis Agreement, Designated Airlines and indirect providers of air cargo transportation of both Contracting Parties shall be permitted, without restriction, to employ any surface transportation for air cargo to or from points in the territories of the other Contracting Parties or in local currency. At their discretionthird countries including transport to and from all airports with customs facilities, and including, where applicable, the right to transport air cargo in bond under applicable laws and regulations. Such air cargo, whether moving by surface or by air, shall have access to airport customs and processing facilities. The Designated Airlines may elect 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 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. 7. In connection with international air transportation, Designated Airlines of each Contracting Party may pay for shall be permitted to hold out passenger services under their own name, through cooperative arrangements with surface transportation providers holding the appropriate authority to provide such expenses surface transportation to and from any points in the territory territories of the Contracting Parties and beyond. Surface transportation providers shall not be subject to the laws and regulations governing air transportation on the sole basis that such surface transportation is held out by an airline under its own name. Such intermodal services may be offered at a single through price for the air and surface transportation combined, provided that passengers are not misled as to the facts concerning such transportation. Surface transportation providers have the discretion to decide whether to enter into the cooperative arrangements referred to above. In deciding on any particular arrangement, surface transportation providers may consider, among other things, consumer interest and technical, economic, space or capacity constraints. 8. All the above activities shall be carried out in accordance with the applicable laws and regulations in force in the Territory of the other Contracting Parties in freely convertible currencies according to local currency regulationParty. 2. In operating or holding out the authorised services on the agreed routes, the designated airline(s) may, subject to national laws and regulations and policies, enter into cooperative marketing arrangements which may include but are not limited to code-sharing or block-space with: a. an airline or airlines of the same Contracting Party; and b. an airline or airlines of the other Contracting Parties. provided that all participants in such arrangements hold the underlying traffic rights and appropriate authorisation and meet the requirements applied to such arrangements. 3. The marketing airline may be required to file for approval to the aeronautical authority of each Contracting Party of any cooperative marketing arrangements entered into with an operating airline, in accordance with paragraph 2 of this Article, before its proposed introduction. 4. When holding out air services for sale, the marketing airline will make it clear to the purchaser of tickets for such services, at the point of sale, which airline will be the operating airline on each sector of the services and with which airline or airlines the purchaser is entering into a contractual relationship.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Activities. 1. In accordance with the laws and regulations The Designated Airline of the other Contracting Parties, the designated airline of a each Contracting Party shall have the right: a. in relation right to entry, residence and employment, to bring in and maintain establish in the territory of the other Contracting Parties managerial and other specialist staff, office equipment and other related equipment and promotional materials required for the operation of international air services; b. to establish offices in the territory Territory of the other Contracting Party offices for the purposes purpose of provision, promotion of air transportation and sale of transport documents as well as for ( other facilities required for the provision of air services;transportat ion. c. 2. The Designated A irline of each Contracting Party sha ll be entitled, to engage bring into and maintain in the sale of air services in the territory Territory of the other Contracting Party directly andthose of their own managerial, commercial, operational, sales, technical and other specialist staff and representat ives who are required in connection with the provision of air transportation. 3. Such representatives and staff requirements may, at the option of the Designated Airline, be satisfied by its own personnel of any nationality or by using the services of any other airline, organization or company operating in the Territory of the other Contracting Party and authorized to perform such services in the Territory of such other Contracting Party. 4. The Designated Airline of each Contracting Party shall, either direct ly and at their discretion, through agents, have the right to engage inthe sale of air transportation in the Territory of the other Contracting Party. Each Designated Airline shall have the right to use for this purpose its agents; own transportation documents. The Designated Airline of each Contracting Party shall have the right to sell such air servicessell, and any person shall be free to purchase purchase, such services transportation in local currency of that territory or, subject to the national laws and regulations, or in any other freely convertible currencies currency. The Designated Airline of other countries; d. to convert and remit to the territory of its incorporation, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the airline makes the initial application for remittance. Such conversion and remittance shall be made in accordance with the foreign exchange regulations of the one Contracting Party concerned; and e. shall have the right to pay for local expenses, including purchases of fuel, expenses in the territories Terr itory of the other Contracting Parties Party in local currency. 5. At their discretion, the airlines of each Each Contracting Party may pay shall apply the ICAO Code of Conduct for such expenses the regulation and operation of Computer Reservation Systems within its Territory, consistent with other applicable regulations and obligat ions concerning Computer Reservation Systems. 6. On the basis of reciprocity, each Designated Airline of one Contracting Party shall have the right to select in the territory Territory of the other Contracting Parties Party, any agent from competing handling agents authorized by the competent authorities of that other Contracting Party, for the provision, inwhole or in freely convertible currencies according to local currency regulationpart, of handling services. 27. In operating or holding out Inaddition to the authorised services on right granted by paragraph (6) of this Article, each Designated Airline shall have the agreed routes, right to perform its own ground handling with respect to passenger check-in operat ions in the designated airline(s) may, subject to national laws and regulations and policies, enter into cooperative marketing arrangements which may include but are not limited to code-sharing or block-space with: a. an airline or airlines of the same Contracting Party; and b. an airline or airlines Territory of the other Contracting PartiesParty. provided that all participants This right does not include airsideground handling services and will only be subject to constraints resulting from requirements of airport safety, security and airport infrastructure. Where safety and security considerat ions preclude the exercise of the right mentioned in this paragraph, such arrangements hold the underlying traffic rights and appropriate authorisation and meet the requirements applied ground handling services shall be made available without preference or discrimination to such arrangementsany airline engaged in similar internationa l air services. 38. The marketing airline may be required to file for approval to Theaboveactivities shall becarriedoutsubjecttothelaws and regulationsin forcein the aeronautical authority of each Contracting Party of any cooperative marketing arrangements entered into with an operating airline, in accordance with paragraph 2 of this Article, before its proposed introduction. 4. When holding out air services for sale, the marketing airline will make it clear to the purchaser of tickets for such services, at the point of sale, which airline will be the operating airline on each sector Territory of the services and with which airline or airlines the purchaser is entering into a contractual relationshipother Contracting Party.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Activities. 1. In The designated airline or airlines of each Contracting Party shall have the right to establish in the territory of the other Contracting Party offices for the promotion of air transportation and sale of air services as well as for other matters incidental to the provision of air transportation. 2. The designated airline or airlines of each Contracting Party shall have the right, in accordance with the laws and regulations of the other Contracting Parties, the designated airline of a Contracting Party shall have the right: a. in relation relating to entry, residence and employment, to bring in into and maintain in the territory of the that other Contracting Parties managerial Party those of their own managerial, commercial, operational, sales, technical and other specialist staff, office equipment staff and other related equipment and promotional materials representatives who are required for in connection with the operation of international air the agreed services;. b. to establish offices 3. These representative staff requirements may, at the option of a designated airline, be satisfied by its own personnel by using the services of any other airline, organization or company operating in the territory of the other Contracting Party for and authorized to perform such services in the purposes territory of provisionsuch other Contracting Party. 4. Consistent with the laws and regulations in force, promotion each Contracting Party shall, on the basis of reciprocity and sale with the minimum of air services;delay, grant the necessary work permits, employment visas or other similar documents to the representatives and staff referred to in paragraph (2) of this Article. c. 5. The designated airlines of each Contracting Party shall, at their discretion, either directly and/or through agents, have the right to engage in the sale of air transportation and related services in the territory of the other Contracting Party directly andand/or, at its the airline's discretion, through its sales agents; , other intermediaries appointed by the airline, through another airline or through the internet. Each designated airline shall have the right to sell such air servicesuse for this purpose its own transportation documents. The designated airline of each Contracting Party shall have the right to sell, and any person shall be free to purchase purchase, such transportation and services in local currency or in any freely convertible other currencies according to national laws and regulations of that the other Contracting Party. The designated airline or airlines of one Contracting Party shall have the right to pay for local expenses including airport charges and purchase of fuel in the territory or, subject to of the national other Contracting Party in local currency or provided these accords with local laws and regulations, in freely convertible currencies of other countries; d. to convert and remit to the territory of its incorporation, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the airline makes the initial application for remittance. Such conversion and remittance shall be made in accordance with the foreign exchange regulations of the Contracting Party concerned; and e. to pay for local expenses, including purchases of fuel, in the territories of the other Contracting Parties in local currency. At their discretion, the airlines of each Contracting Party may pay for such expenses in the territory of the other Contracting Parties in freely convertible currencies according to local currency regulationcurrencies. 2. In operating or holding out the authorised services on the agreed routes, the designated airline(s) may, subject to national laws and regulations and policies, enter into cooperative marketing arrangements which may include but are not limited to code-sharing or block-space with: a. an airline or airlines of the same Contracting Party; and b. an airline or airlines of the other Contracting Parties. provided that all participants in such arrangements hold the underlying traffic rights and appropriate authorisation and meet the requirements applied to such arrangements. 3. The marketing airline may be required to file for approval to the aeronautical authority of each Contracting Party of any cooperative marketing arrangements entered into with an operating airline, in accordance with paragraph 2 of this Article, before its proposed introduction. 4. When holding out air services for sale, the marketing airline will make it clear to the purchaser of tickets for such services, at the point of sale, which airline will be the operating airline on each sector of the services and with which airline or airlines the purchaser is entering into a contractual relationship.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Activities. β€Œ 1. In The designated airline or airlines of each Contracting Party shall have the right to establish in the territory of the other Contracting Party offices for the promotion of air transportation and sale of air services as well as for other matters incidental to the provision of air transportation. 2. The designated airline or airlines of each Contracting Party shall have the right, in accordance with the laws and regulations of the other Contracting Parties, the designated airline of a Contracting Party shall have the right: a. in relation relating to entry, residence and employment, to bring in into and maintain in the territory of the that other Contracting Parties managerial Party those of their own managerial, commercial, operational, sales, technical and other specialist staff, office equipment staff and other related equipment and promotional materials representatives who are required for in connection with the operation of international air the agreed services;. b. to establish offices 3. These representative staff requirements may, at the option of a designated airline, be satisfied by its own personnel by using the services of any other airline, organization or company operating in the territory of the other Contracting Party for and authorized to perform such services in the purposes territory of provisionsuch other Contracting Party. 4. Consistent with the laws and regulations in force, promotion each Contracting Party shall, on the basis of reciprocity and sale with the minimum of air services;delay, grant the necessary work permits, employment visas or other similar documents to the representatives and staff referred to in paragraph (2) of this Article. c. 5. The designated airlines of each Contracting Party shall, at their discretion, either directly and/or through agents, have the right to engage in the sale of air transportation and related services in the territory of the other Contracting Party directly andand/or, at its the airline's discretion, through its sales agents; , other intermediaries appointed by the airline, through another airline or through the internet. Each designated airline shall have the right to sell such air servicesuse for this purpose its own transportation documents. The designated airline of each Contracting Party shall have the right to sell, and any person shall be free to purchase purchase, such transportation and services in local currency or in any freely convertible other currencies according to national laws and regulations of that the other Contracting Party. The designated airline or airlines of one Contracting Party shall have the right to pay for local expenses including airport charges and purchase of fuel in the territory or, subject to of the national other Contracting Party in local currency or provided these accords with local laws and regulations, in freely convertible currencies of other countries; d. to convert and remit to the territory of its incorporation, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the airline makes the initial application for remittance. Such conversion and remittance shall be made in accordance with the foreign exchange regulations of the Contracting Party concerned; and e. to pay for local expenses, including purchases of fuel, in the territories of the other Contracting Parties in local currency. At their discretion, the airlines of each Contracting Party may pay for such expenses in the territory of the other Contracting Parties in freely convertible currencies according to local currency regulationcurrencies. 2. In operating or holding out the authorised services on the agreed routes, the designated airline(s) may, subject to national laws and regulations and policies, enter into cooperative marketing arrangements which may include but are not limited to code-sharing or block-space with: a. an airline or airlines of the same Contracting Party; and b. an airline or airlines of the other Contracting Parties. provided that all participants in such arrangements hold the underlying traffic rights and appropriate authorisation and meet the requirements applied to such arrangements. 3. The marketing airline may be required to file for approval to the aeronautical authority of each Contracting Party of any cooperative marketing arrangements entered into with an operating airline, in accordance with paragraph 2 of this Article, before its proposed introduction. 4. When holding out air services for sale, the marketing airline will make it clear to the purchaser of tickets for such services, at the point of sale, which airline will be the operating airline on each sector of the services and with which airline or airlines the purchaser is entering into a contractual relationship.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Activities. 1. In accordance with the laws and regulations The Designated Airlines of the other Contracting Parties, the designated airline of a each Contracting Party shall have the right: a. in relation right to entry, residence and employment, to bring in and maintain establish in the territory of the other Contracting Parties managerial and other specialist staff, office equipment and other related equipment and promotional materials required for the operation of international air services; b. to establish offices in the territory Territory of the other Contracting Party offices for the purposes purpose of provision, promotion of air transportation and sale of transport documents as well as for other ancillary products and facilities required for the provision of air services;transportation. c. 2. The Designated Airlines of each Contracting Party shall be entitled, to bring into and maintain in the Territory of the other Contracting Party those of their own managerial, commercial, operational, sales, technical and other personnel and representatives as it may require in connection with the provision of air transportation. 3. Such representatives and staff requirements mentioned in paragraph 2 of this Article may, at the option of the Designated Airline, be satisfied by its own personnel of any nationality or by using the services of any other airline, organization or company operating in the Territory of the other Contracting Party and authorized to perform such services in the Territory of such other Contracting Party. The representatives and staff of a designated airline shall be subject to the laws and regulations in force of the other Contracting Party. Consistent with such laws and regulations, the other Contracting Party shall, on the basis of reciprocity and with a minimum of delay, grant the necessary employment authorizations, visas or other similar documents to the representatives and staff of a designated airline. 4. The Designated Airlines of each Contracting Party shall, either directly and at their discretion, through agents, have the right to engage in the sale of air services transportation and its ancillary products and facilities in the territory Territory of the other Contracting Party. For this purpose, the Designated Airlines shall have the right to use its own transportation documents. The Designated Airline of each Contracting Party directly and, at its discretion, through its agents; shall have the right to sell such air servicessell, and any person shall be free to purchase purchase, such services transportation and its ancillary products and facilities in local currency or in any other freely convertible currency.β€Œ 5. The Designated Airlines of one Contracting Party shall have the right to pay for local expenses in the Territory of the other Contracting Party in local currency or provided that territory orthis is in accordance with local currency regulations, in any freely convertible currencies. 6. Notwithstanding any other provision of this Agreement, Designated Airlines and indirect providers of air cargo transportation of both Contracting Parties shall be permitted, without restriction, to employ any surface transportation for air cargo to or from points in the Territories of the Contracting Parties or in third countries including transport to and from all airports with customs facilities, and including, where applicable, the right to transport air cargo in bond under applicable laws and regulations. Such air cargo, whether moving by surface or by air, shall have access to airport customs and processing facilities. The Designated Airlines may elect 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 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. 7. In connection with international air transportation, Designated Airlines of each Contracting Party shall be permitted to hold out passenger services under their own name, through cooperative arrangements with surface transportation providers holding the appropriate authority to provide such surface transportation to and from any points in the Territories of the Contracting Parties and beyond. Surface transportation providers shall not be subject to the national laws and regulationsregulations governing air transportation on the sole basis that such surface transportation is held out by an airline under its own name. Such intermodal services may be offered at a single through price for the air and surface transportation combined, in freely convertible currencies of other countries; d. to convert and remit provided that passengers are not misled as to the territory of its incorporationfacts concerning such transportation. Surface transportation providers have the discretion to decide whether to enter into the cooperative arrangements referred to above. In deciding on any particular arrangement, on demandsurface transportation providers may consider, local revenues in excess of sums locally disbursedamong other things, consumer interest and technical, economic, space or capacity constraints. 8. Conversion and remittance All the above activities shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the airline makes the initial application for remittance. Such conversion and remittance shall be made carried out in accordance with the foreign exchange applicable laws and regulations of the Contracting Party concerned; and e. to pay for local expenses, including purchases of fuel, in force in the territories Territory of the other Contracting Parties in local currency. At their discretion, the airlines of each Contracting Party may pay for such expenses in the territory of the other Contracting Parties in freely convertible currencies according to local currency regulationParty. 2. In operating or holding out the authorised services on the agreed routes, the designated airline(s) may, subject to national laws and regulations and policies, enter into cooperative marketing arrangements which may include but are not limited to code-sharing or block-space with: a. an airline or airlines of the same Contracting Party; and b. an airline or airlines of the other Contracting Parties. provided that all participants in such arrangements hold the underlying traffic rights and appropriate authorisation and meet the requirements applied to such arrangements. 3. The marketing airline may be required to file for approval to the aeronautical authority of each Contracting Party of any cooperative marketing arrangements entered into with an operating airline, in accordance with paragraph 2 of this Article, before its proposed introduction. 4. When holding out air services for sale, the marketing airline will make it clear to the purchaser of tickets for such services, at the point of sale, which airline will be the operating airline on each sector of the services and with which airline or airlines the purchaser is entering into a contractual relationship.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Activities. 1. In accordance with the laws and regulations of the other Contracting Parties, the designated airline of a Contracting Party shall have the right: a. in relation to entry, residence and employment, to bring in and maintain force in the territory of the other Contracting Parties managerial and other specialist staff, office equipment and other related equipment and promotional materials required for Party: (a) The designated airline of each Contracting Party shall have the operation of international air services; b. right to establish offices in the territory of the other Contracting Party offices for the purposes purpose of provision, promotion provision and sale of air services;services as well as for other matters incidental to the provision of air transportation. c. (b) The designated airline of each Contracting Party shall have the right, to engage bring into and maintain in the sale territory of air that other Contracting Party those of their own mana- gerial, commercial, operational, sales, technical and other specialist staff and representa- tives who are required in connection with the operation of agreed services. These representative staff requirements may, at the option of the designated airline, be satisfied by its own personnel of any nationality or by using the services of any other air- line, organization or company operating in the territory of the other Contracting Party and authorized to perform such services in the territory of such other Contracting Party. (c) Each Contracting Party shall, on the basis of reciprocity and with the minimum of delay, grant the necessary work permits, employment visas or other similar documents to the representatives and staff referred to in paragraph 1 (b) of this Article. To the extent permitted under national laws, both Contracting Parties shall dispense with the requirement of work permits or employment visas or other similar documents for personnel performing such temporary services and duties. (d) The designated airline of each Contracting Party shall, either directly and, and at its discretion, through agents, have the right to engage in the sale of air transportation in the territory of the other Contracting Party. Each designated airline shall have the right to use for this purpose its agents; own transportation documents. The designated airline of each Contract- ing Party shall have the right to sell such air servicessell, and any person shall be free to purchase purchase, such services trans- portation in local currency of that territory or, subject to the national laws and regulations, or in any freely convertible currencies other currency. The designated airline of other countries; d. to convert and remit to the territory of its incorporation, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the airline makes the initial application for remittance. Such conversion and remittance shall be made in accordance with the foreign exchange regulations of the one Contracting Party concerned; and e. shall have the right to pay for local expenses, including purchases of fuel, in the territories of the other Contracting Parties in local currency. At their discretion, the airlines of each Contracting Party may pay for such expenses in the territory of the other Contracting Parties Party in local currency or provided this accords with local currency regulations, in freely convertible currencies according to local currency regulationcurrencies. 2. In operating or holding out Each Contracting Party shall apply the authorised services on ICAO Code of Conduct for the agreed routes, regulation and operation of Computer Reservation Systems within its territory consistent with other applicable regulations and obligations concerning Computer Reservation Systems. 3. Each Contracting Party shall grant to the designated airline(s) mayairline of the other Contract- ing Party the right of free transfer of the excess of receipts over expenditure earned by such airline in its territory in connection with the carriage of passengers, subject baggage, and cargo, as well as from any other activity relating to air transport which may be permitted under na- tional regulations. Such transfers shall be effected at the rate of exchange in accordance with the respective applicable national laws and regulations and policiesgoverning current payments, enter into cooperative marketing arrangements which may include but are not limited to code-sharing or block-space with: a. an airline or airlines where there is no official exchange rate, such transfers shall be effected on the basis of the same prevailing foreign exchange market rates for current payments. 4. If a Contracting Party; and b. an Party imposes restrictions on the transfer of excess of receipts over expenditure by the designated airline or airlines of the other Contracting Parties. provided that all participants in such arrangements hold the underlying traffic rights and appropriate authorisation and meet the requirements applied to such arrangements. 3. The marketing airline may be required to file for approval to the aeronautical authority of each Contracting Party of any cooperative marketing arrangements entered into with an operating airline, in accordance with paragraph 2 of this Article, before its proposed introduction. 4. When holding out air services for saleParty, the marketing latter shall have a right to impose reciprocal restrictions on the designated airline will make it clear to the purchaser of tickets for such services, at the point of sale, which airline will be the operating airline on each sector of the services and with which airline or airlines the purchaser is entering into a contractual relationshipfirst Contract- ing Party.

Appears in 1 contract

Sources: Air Transport Agreement