Common use of Commercial Opportunities Clause in Contracts

Commercial Opportunities. 1. The airlines of each Party shall have the following rights in the territory of the other Party: (a) the right to establish offices, including offline offices, for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Party. 2. In accordance with the laws and regulations relating to entry, residence and employment of the other Party, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraph. 3. The airlines of each Party shall have the right to sell air transportation, and any person shall be free to purchase such transportation, in local or freely convertible currencies. Each airline shall have the right to convert their funds into any freely convertible currency and to transfer them from the territory of the other Party at will. Subject to the national laws and regulations and policy of the other Party, conversion and transfer of funds obtained in the ordinary course of their operations shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactions. 4. The airlines of each Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency or, provided this accords with local currency regulations, in freely convertible currencies. (a) In operating or holding out international air transportation the airlines of each Party shall have the right, over all or any part of their route in Annex 1 to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party and of third parties. Subject to paragraph 5 (d) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (e) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. (f) The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 6. The airlines of each Party shall have the right to perform their own ground- handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which perform ground-handling, for such services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlines. 7. The airlines of each Party shall be permitted to conduct international air transportation using aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that the operating aircraft and crew meet the applicable operating and safety standards and requirements. 8. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must have the opportunity to access airports in the territory of the other Party on a non-discriminatory basis. 9. In respect of the allocation and grant of slots to airlines at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, ensure that the airlines of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party in relation to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, such opportunities are extended to the airlines of the other Party. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 2 contracts

Sources: Air Services Agreement, Agreement Between the Government of Australia and the Government of Solomon Islands Relating to Air Services

Commercial Opportunities. 1. The airlines of each Party shall have the following rights right to establish offices in the territory of the other Party: (a) the right to establish offices, including offline offices, Party for the promotion, promotion and sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Party. 2. In The airlines of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence residence, and employment of the other Partyemployment, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational operational, and other specialist staff which the airline reasonably considers necessary required for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraph. 3. Each airline shall have the right to perform its own ground-handling in the territory of the other Party ("self-handling") or, at the airline’s option, select among competing agents for such services in whole or in part. The airlines rights shall be subject only to physical constraints resulting from considerations of each airport safety. Where such considerations preclude self-handling, ground services shall be available on an equal basis to all airlines; charges shall be based on the costs of services provided; and such services shall be comparable to the kind and quality of services as if self-handling were possible. 4. An airline of a Party may engage in the sale of air transportation in the territory of the other Party directly and, at the airline's discretion, through its agents, except as may be specifically provided by the charter regulations of the country in which the charter originates that relate to the protection of passenger funds, and passenger cancellation and refund rights. Each airline shall have the right to sell air such transportation, and any person shall be free to purchase such transportation, in local the currency of that territory or in freely convertible currencies. 5. Each airline shall have the right to convert their funds into and remit to its country and, except where inconsistent with generally applicable law or regulation, any freely convertible currency other country or countries of its choice, on demand, local revenues in excess of sums locally disbursed. Conversion and to transfer them from the territory of the other Party at will. Subject to the national laws and regulations and policy of the other Party, conversion and transfer of funds obtained in the ordinary course of their operations remittance shall be permitted promptly without restrictions or taxation in respect thereof at the foreign rate of exchange market rates applicable to current transactions and remittance on the date the carrier makes the initial application for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactionsremittance. 46. The airlines of each Party shall have the right at their discretion be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency orcurrency. At their discretion, provided this accords with local currency regulations, in freely convertible currencies. (a) In operating or holding out international air transportation the airlines of each Party shall have the right, over all or any part of their route in Annex 1 to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party and of third parties. Subject to paragraph 5 (d) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (e) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. (f) The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 6. The airlines of each Party shall have the right to perform their own ground- handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which perform ground-handling, pay for such services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlines. 7. The airlines of each Party shall be permitted to conduct international air transportation using aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that the operating aircraft and crew meet the applicable operating and safety standards and requirements. 8. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must have the opportunity to access airports expenses in the territory of the other Party on a non-discriminatory basisin freely convertible currencies according to local currency regulation. 97. In respect operating or holding out the authorized services under this Agreement, any airline of the allocation and grant of slots to airlines at their national airportsone Party may enter into cooperative marketing arrangements such as blocked-space, each Party will:code- sharing, or leasing arrangements, with (a) in accordance with local slot allocation rules, procedures a. an airline or practices which are in effect or otherwise permitted, ensure that the airlines of the other either Party:; b. an airline or airlines of a third country; [and c. a surface transportation provider of any country;] provided that all participants in such arrangements (i) are permitted fair hold the appropriate authority and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than meet the requirements normally applied to such arrangements. 8. Airlines and indirect providers of cargo transportation of both Parties shall be permitted, without restriction, to employ in connection with international air transportation any other airline in securing slots; and (b) ensure that surface transportation for cargo to or from any points in the event territories of any arrangementthe Parties or in third countries, procedure 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 practice which is either established by air, shall have access to airport customs processing and facilities. Airlines may elect to perform their own surface transportation or to provide it through arrangements with any third party in relation 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 shippers are not misled as to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, facts concerning such opportunities are extended to the airlines of the other Partytransportation. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 2 contracts

Sources: Air Transport Agreement, Air Transport Agreement

Commercial Opportunities. 1. The airlines designated airline(s) of each Party shall have the following rights in the territory of the other Party: (a) the right to establish offices, including offline offices, offices for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or designated airline operating in the territory of the other Party, in accordance with the laws and regulations of the Party where the services operate. 2. In accordance with the laws and regulations relating to entry, residence and employment of the other Party, the airlines designated airline(s) of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraph. 3. The airlines designated airline(s) of each Party shall have the right to sell air transportation, and any person shall be free to purchase such transportation, in local or freely convertible currencies. Each airline The designated airline(s) shall have the right to convert their funds into any freely convertible currency and to transfer them from the territory of the other Party at will. Subject to the national laws and regulations and policy of the other Party, conversion and transfer of funds obtained in the ordinary course of their operations shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactions. 4. The airlines designated airline(s) of each Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency or, provided this accords with local currency regulations, in freely convertible currencies. (a5. Upon operating or offering the agreed services on the specified Routes in the Annex, the designated airline(s) of each Party acting as operating airlines or offering their services as marketing airlines, by placing their code on flights operated by other airlines, may enter into code-sharing, blocked space or other cooperative marketing agreements. In operating or holding out international air transportation transportation, the airlines of each Party shall have the right, right over all or any part of their route Route in the Annex 1 to enter into code share– sharing, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines agreements with; (a) a designated airline(s) of the same Party and of third parties. Subject to paragraph 5 (d) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned.Party; or (b) Unless otherwise mutually determined by the aeronautical authorities one or more designated airline(s) of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each other Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement.; or (c) Unless otherwise mutually determined one or more airline(s) of a third country. 6. With respect to subparagraph 5(c) neither of the Parties shall, for the code-sharing services to be effectively operated by the aeronautical authorities of the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (ddesignated airline(s) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party Party, require the existence of a code-sharing agreement with the third country. 7. There shall be no limit imposed by the Aeronautical Authorities of Australia on the capacity to market code be offered by the designated airline(s) by the United Mexican States on code-share services on flights operated by airlines an airline(s) of Australia, the United Mexican States and/or of any third parties country. There shall be no limit imposed by the Aeronautical Authorities of the United Mexican States on the basis capacity to be offered by the designated airline(s) by Australia on code-share services on flights operated by an airline(s) of the United Mexican States, Australia, and/or of any third country. 8. Airline(s) operating services in accordance with subparagraphs 5(a) to 5(c) shall: (a) obtain the respective rights to use the concerned route or leg of route; (b) comply with the requirements which may be routinely applied to code-sharing agreements and services, particularly those related to passenger information and protection, as well as those related to air operation safety and security; (c) ensure that the third party marketing airlines concerned do not have offering their services on a code-sharing basis, shall guarantee that the right from passengers be informed at the first Party to carry traffic under the code point of the sale, the airlines that shall operate each leg of the route; (d) as marketing airline.airlines exercise third and fourth freedom traffic rights and may exercise own international or domestic stop–over rights at any point; (e) The airlines of each Party may be able to market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey.; and (f) The airlines ensure that the designated airline(s) of the Party entering into code-sharing agreements shall submit for the consideration of, and, if applicable, for the approval of the Aeronautical Authorities of the other Party the schedules and timetables, to meet the respective requirements of each Party shall, when holding out international air transportation for sale, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationshipParty. 69. The airlines designated airline(s) of each Party shall have the right to perform their own ground- ground-handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which perform ground-handling, for such services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline a designated airline(s) from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlines. 710. The airlines designated airline(s) of each Party shall be permitted to conduct international air transportation using aircraft owned, dry leased (aircraft only) or aircraft and crew) leased from under any company, including other airlinesownership title, provided only that the operating aircraft and crew meet meets the applicable operating and safety standards and requirements. 811. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines designated airline(s) of each Party must have the opportunity to access airports in the territory of the other Party on a non-discriminatory basis, in accordance with the laws and regulations of the Party where the services operate. 912. In respect of the allocation and grant of time slots to airlines designated airline(s) at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, ensure that the airlines designated airline(s) of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party Party in relation to the grant of slots to the airlines of that party Party or is otherwise permitted for a particular foreign international airline or airlines, airline(s) such opportunities are extended to the airlines of the other Party. 1013. The terms of paragraph 9 12 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 2 contracts

Sources: Air Services Agreement, Air Services Agreement

Commercial Opportunities. 1. The airlines of each Party shall have the following rights in the territory of the other Party: (a) the right to establish offices, including offline offices, for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Party. 2. In accordance with the laws and regulations relating to entry, residence and employment of the other Party, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraph. 3. The airlines of each Party shall have the right to sell air transportation, and any person shall be free to purchase such transportation, in local or freely convertible usable currencies. Each airline Party shall have permit airline(s) of the right other Party to convert their funds into any freely convertible usable currency and to transfer them from the territory of the other Party at will. Subject to the national laws and regulations and policy of the other Party, conversion and transfer of funds obtained in the ordinary course of their operations shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactions. 4. The airlines of each Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency or, provided this accords with local currency regulations, in freely convertible usable currencies. (a) In operating or holding out international air transportation the airlines of each Party shall have the right, over all or any part of their route in Annex 1 to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party and of third parties. Subject to paragraph 5 (d) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (e) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. (f) The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 6. The airlines of each Party shall have the right to perform their own ground- handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which perform ground-handling, for such services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlines. 7. The airlines of each Party shall be permitted to conduct international air transportation using aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that the operating aircraft and crew meet the applicable operating and safety standards and requirements. 85. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must have the opportunity to access airports airports, including airport facilities and slots, in the territory of the other Party on a non-discriminatory basis. 9. In respect of the allocation and grant of slots to airlines at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, ensure that the airlines of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party in relation to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, such opportunities are extended to the airlines of the other Party. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Opportunities. 1. The airlines of each Party shall have the following rights in the territory of the other Party: (a) the right to establish offices, including offline offices, for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Party. 2. In accordance with the laws and regulations relating to entry, residence and employment of the other Party, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraph. 3. The airlines of each Party shall have the right to sell air transportation, and any person shall be free to purchase such transportation, in local or freely convertible currencies. Each airline shall have the right to convert their funds into any freely convertible currency and to transfer them from the territory of the other Party at will. Subject to the national laws and regulations and policy of the other Party, conversion and transfer of funds obtained in the ordinary course of their operations shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactions. 4. The airlines of each Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency or, provided this accords with local currency regulations, in freely convertible currencies. (a) In operating or holding out international air transportation the airlines of each Party shall have the right, over all or any part of their route in Annex 1 to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party and of third parties. Subject to paragraph 5 (dc) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (ed) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. (fe) The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 6. The airlines of each Party shall have the right to perform their own ground- handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which perform ground-handling, for such services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an a airline from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlines. 7. The airlines of each Party shall be permitted to conduct international air transportation using aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that the operating aircraft and crew meet the applicable operating and safety standards and requirements. 8. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must have the opportunity to access airports in the territory of the other Party on a non-discriminatory basis. 9. In respect of the allocation and grant of time slots (slots) to airlines at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, ensure that the airlines of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party in relation to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, such opportunities are extended to the airlines of the other Party. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Opportunities. (1. ) The airlines of each Party shall have the following rights right to establish offices in the territory of the other Party:Party for the promotion and sale of air transport. (a2) the right to establish officesThe airlines of each Party shall be entitled, including offline offices, for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Party. 2. In accordance with the laws and regulations of the other Party relating to entry, residence residence, and employment of the other Partyemployment, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational operational, and other specialist staff which the airline reasonably considers necessary required for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraphtransport. (3) Any airline of either Party may engage in the sale of air transport in the territory of the other Party directly and, at the airline's discretion, through its agents. The airlines of each Party Each airline shall have the right to sell air transportation, such transport and any person shall be free to purchase such transportationtransport, in local the currency of that territory or in freely convertible currencies. . (4) Each airline shall have the right to convert their funds into any freely convertible currency and to transfer them from the territory remit abroad, on demand, local revenues in excess of the other Party at willsums locally disbursed. Subject to the national laws Conversion and regulations and policy of the other Party, conversion and transfer of funds obtained in the ordinary course of their operations remittance shall be permitted promptly without restrictions or taxation in respect thereof at the foreign rate of exchange market rates applicable to current transactions and remittance on the date the carrier makes the initial application for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactionsremittance. 4. (5) The airlines of each Party shall have the right at their discretion be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency orcurrency. At their discretion, provided this accords with local currency regulations, the airlines of each Party may pay for such expenses in the territory of the other Party in freely convertible currenciescurrencies according to local currency regulation. (a6) In operating or holding out international air transportation the airlines of each Party shall have the righttransport pursuant to this Agreement, over all or any part of their route in Annex 1 to designated airline may enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airlineincluding but not limited to code-sharing, with any other airline, including airlines of third countries, provided that all airlines in such arrangements hold the same Party appropriate authority and of third parties. Subject meet the requirements normally applied to such arrangements. (7) In addition to the rights granted in paragraph 5 (d6) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (e) The designated airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. (f) The airlines of each Party shallmay, when in operating or holding out international air transportation for saletransport pursuant to this Agreement, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 6. The airlines of each Party shall have the right to perform their own ground- handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which perform ground-handling, for such services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlines. 7. The airlines of each Party shall be permitted to conduct international air transportation using use aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that all participants in such arrangements hold the operating aircraft appropriate authority and crew meet the applicable operating and safety standards and requirementsrequirements applied to such arrangements. 8. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must (8) Each designated airline shall have the opportunity right to access airports perform its own ground- handling in the territory of the other Party ("self-handling") or, at its option, select among competing agents for such services in whole or in part. The rights shall be subject only to physical constraints resulting from considerations of airport safety. Where such considerations preclude self-handling, ground-handling services shall be available on a non-discriminatory basisan equal basis to all airlines, and shall be comparable to the kind and quality of services which would be available if self- handling were possible. (9. In respect ) Notwithstanding any other provision of this Agreement, airlines and indirect providers of transport for passengers and cargo of the allocation and grant of slots to airlines at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise Parties shall be permitted, ensure that without restriction, to employ in connection with international air transport any surface transport for passengers and cargo to or from any points in the airlines territories of the Parties or in third countries, including transport to and from all airports with border processing capabilities and facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Access to airport border processing capabilities and facilities shall be provided for such passengers and cargo, whether moving by surface or by air. Airlines may elect to perform their own surface transport or to provide it through arrangements with other Party: (i) surface carriers, including surface transport operated by other airlines and indirect providers of transport for passengers and cargo. Such intermodal services for passengers and cargo may be offered at a single, through price for the air and surface transport combined, provided that transporters are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party in relation not misled as to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, facts concerning such opportunities are extended to the airlines of the other Partytransport. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Opportunities. 1. The designated airlines of each Party shall have the following rights in the territory of the other Party: (a) the right to establish officesoffices and representatives, including offline offices, for the promotion, sale and management of air transportation;; and (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Party, authorised to perform such services in the territory of that Party. 2. In accordance with the laws and regulations relating to entry, residence and employment of the other Party, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraph. 3. The airlines of each Party shall have the right to sell air transportation, and any person shall be free to purchase such transportation, in local or freely convertible currencies. Each airline shall have the right to convert their funds into any freely convertible currency and to transfer them from the territory of the other Party at will. Subject to the national laws and regulations and policy of the other Party, conversion and transfer of funds obtained in the ordinary course of their operations shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactions. 4. The designated airlines of each Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency or, provided this accords with local currency regulations, in freely convertible currencies. (a) In operating or holding out international air transportation the airlines of each Party 5. Each designated airline shall have the right, over all or any part of right to provide their route own ground- handling services in Annex 1 to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party and of third parties. Subject to paragraph 5 (d) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (e) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that or otherwise to contract these services out, in full or in part, at its option, with any of the suppliers authorised for the provision of such services form part of a through international journey. (f) The airlines of each Party shall, when holding out international air transportation for sale, make it clear services. Where or as long as the regulations applicable to the purchaser at the point provision of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 6. The airlines of each Party shall have the right to perform their own ground- ground-handling in the territory of one Party prevent or limit either the other Party, freedom to contract these services out or contract with a competing agent of their choice, including any other airlines which perform groundself-handling, for such services in whole or in part. Each each designated airline shall also have the right, in the territory of the other Party, be treated on a non-discriminatory basis as regards their access to offer its services as a self-handling and ground-handling agent, in whole services provided by a supplier or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlinessuppliers. 76. The Subject to applicable laws and regulations, the designated airlines of each Party shall be permitted to conduct international air transportation using aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that the operating aircraft and crew meet the applicable operating and safety standards standards, and requirements. 8. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must have the opportunity to access airports in the territory of the other Party on a non-discriminatory basis. 97. In respect of the allocation and grant of slots to airlines at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, will ensure that the slots are allocated to the airlines of the other Party on a transparent, neutral and non-discriminatory basis, as for all other airlines, including the airlines of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline , in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established conformity with any third party in relation to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, such opportunities are extended to the airlines of the other Party. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or and regulations introduced by in force in the Parties for territory of the allocation respective Party, and in the case of slots at their national airportsthe Kingdom of Spain in conformity with European Community law.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Opportunities. 1. The airlines of each Party shall have the following rights in the territory of the other Party: (a) the right to establish offices, including offline offices, for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Party. 2. In accordance with the relevant laws and regulations relating to entry, residence and employment of the other Party, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisationsauthorizations, visas or other similar documents to the representatives and staff referred to in this paragraph. 3. The airlines of each Party shall have the right to sell air transportation, and any person shall be free to purchase such transportation, in local or freely convertible currencies. Each airline shall have the right to convert their funds into any freely convertible currency and to transfer them from the territory of the other Party at will. Subject to the national laws and regulations and policy of the other Party, conversion and transfer of funds obtained in the ordinary course of their operations shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactions. 4. The airlines of each Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency or, provided this accords with local currency regulations, in freely convertible currencies. (a) In operating or holding out international air transportation the authorized services on the route(s) specified in the Route Schedule of the Annex to this Agreement, any designated airline of one Party may enter into cooperative marketing arrangements such as blocked-space or code-share arrangements, with: i) an airline or airlines of each Party shall have the right, over all either Party; or ii) an airline or any part of their route in Annex 1 to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party and of a third parties. Subject to paragraph 5 (d) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concernedparty. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (e) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. (fc) The In operating code share services on the routes specified in the Annex of the Agreement, as a marketing carrier, the airlines of each Party shall, when holding out international air transportation may exercise unrestricted capacity for sale, make it clear third and fourth freedom traffic rights and own stop over rights. (d) The above provisions are subject to the conditions that all airlines in such arrangements: i) hold the appropriate authority; ii) meet the requirements normally applied to such arrangements; and iii) in respect of each ticket sold, the purchaser is informed at the point of sale which airline will be the operating airline on operate each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationshipservice. 6. The airlines of each Party shall have the right to perform their own ground- handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which perform ground-handling, for such services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlines. 7. The airlines of each Party shall be permitted to conduct international air transportation using aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that the operating aircraft and crew meet the applicable operating and safety standards and requirements. 8. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must have the opportunity to access airports in the territory of the other Party on a non-discriminatory basis. 9. In respect of the allocation and grant of slots to airlines at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, ensure that the airlines of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party in relation to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, such opportunities are extended to the airlines of the other Party. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Opportunities. 1. The airlines of each Party shall have the following rights in the territory of the other Party: (a) the right to establish offices, including offline offices, for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Party. 2. In accordance with the laws and regulations relating to entry, residence and employment of the other Party, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraph. 3. The airlines of each Party shall have the right to sell air transportation, and any person shall be free to purchase such transportation, in local or freely convertible currencies. Each airline shall have the right to convert their funds into any freely convertible currency and to transfer them from the territory of the other Party at will. Subject to the national laws and regulations and policy of the other Party, conversion and transfer of funds obtained in the ordinary course of their operations shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactions. 4. The airlines of each Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency or, provided this accords with local currency regulations, in freely convertible currencies. (a) In operating or holding out international air transportation the airlines of each Party shall have the right, over all or any part of their route in Annex 1 to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party and of third parties. Subject to paragraph 5 (dc) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (ed) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. (fe) The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 6. The airlines of each Party shall have the right to perform in accordance with national laws and regulations their own ground- ground-handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which perform ground-handling, for such services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline from performing its own ground-ground- handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlines. 7. The airlines of each Party shall be permitted to conduct international air transportation using aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that the operating aircraft and crew meet the applicable operating and safety standards and requirements. 8. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must have the opportunity to access airports in the territory of the other Party on a non-discriminatory basis. 9. In respect of the allocation and grant of slots to airlines at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, ensure that the airlines of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party in relation to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, such opportunities are extended to the airlines of the other Party. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 1 contract

Sources: Agreement Between the Government of Australia and the Government of the Republic of Croatia Relating to Air Services

Commercial Opportunities. 1. The airlines of each Contracting Party shall have the following rights in the territory of the other Contracting Party: (a) the right to establish offices, including offline offices, for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Contracting Party. 2. In accordance with the laws and regulations relating to entry, residence and employment of the other Contracting Party, the airlines of each Contracting Party shall be entitled to bring in and maintain in the territory of the other Contracting Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air transportation. Consistent with such laws and regulations, each Contracting Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraph. 3. The airlines of each Contracting Party shall have the right to sell air transportation, and any person shall be free to purchase such transportation, in local or freely convertible currencies. Each airline shall have the right to convert their funds into any freely convertible currency and to transfer them from the territory of the other Contracting Party at will. Subject to the national laws and regulations and policy of the other Contracting Party, conversion and transfer of funds obtained in the ordinary course of their operations shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactions. 4. The airlines of each Contracting Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Contracting Party in local currency or, provided this accords with local currency regulations, in freely convertible currencies. (a) In operating or holding out international air transportation the airlines of each Party shall have the right, over all or any part of their route in Annex 1 to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party and of third parties. Subject to paragraph 5 (d) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (e) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. (f) The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 65. The airlines of each Party shall have the right to perform their own ground- handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which perform ground-handling, for such services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlines. 7. The airlines of each Contracting Party shall be permitted to conduct international air transportation using aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that the operating aircraft and crew meet the applicable operating and safety standards and requirements. 8. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must have the opportunity to access airports in the territory of the other Party on a non-discriminatory basis. 9. In respect of the allocation and grant of slots to airlines at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, ensure that the airlines of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party in relation to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, such opportunities are extended to the airlines of the other Party. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Opportunities. (1. ) The airlines of each Contracting Party shall have the following rights in the territory of the other Contracting Party: (a) the right to establish offices, including offline offices, for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Contracting Party. (2. ) In accordance with the laws and regulations relating to entry, residence and employment of the other Contracting Party, the airlines of each Contracting Party shall be entitled to bring in and maintain in the territory of the other Contracting Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air transportation. Consistent with such laws and regulations, each Contracting Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraph. (3. ) The airlines of each Contracting Party shall have the right to sell air transportation, and any person shall be free to purchase such transportation, in local or freely convertible currencies. Each airline shall have the right to convert their funds into any freely convertible currency and to transfer them from the territory of the other Contracting Party at will. Subject to the national laws and regulations and policy of the other Party, conversion Conversion and transfer of funds obtained in the ordinary course of their operations shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactions. (4. ) The airlines of each Contracting Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Contracting Party in local currency or, provided this accords with local currency regulations, in freely convertible currencies. (a) In operating or holding out international air transportation the airlines of each Contracting Party shall have the right, over all or any part of their route routes in Annex 1 Article 3(2) of this Agreement to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Contracting Party, the other Contracting Party and of third parties. Subject to sub-paragraph 5 (d5)(c) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Contracting Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Contracting Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by For the aeronautical authorities avoidance of the Partiesdoubt, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Contracting Party shall not withhold code sharing permission for an airline of the other Contracting Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Contracting Party to carry traffic under the code of the marketing airline. (ed) The airlines of each Contracting Party may market code share services on domestic flights operated within the territory of the other Contracting Party provided that such services form part of a through international journey. (fe) The airlines of each Contracting Party shall, when holding out international air transportation for sale, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 6. The airlines (a) Subject to the laws and regulations of each Contracting Party including, in the case of the United Kingdom, European Community law, each designated airline shall have the right to perform their own ground- handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which Contracting Party the right to perform groundits own ground handling (“self-handling”) or, for such at its option, the right to select among competing suppliers that provide ground handling services in whole or in part. Each Where such laws and regulations limit or preclude self-handling and where there is no effective competition between suppliers that provide ground 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. (b) Subject to the laws and regulations of each Contracting Party including, in the case of the United Kingdom, European Community law, each airline shall also have the right, in the territory of the other Contracting Party, to offer its services as a ground-ground handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlines. (7. ) The airlines of each Contracting Party shall be permitted to conduct international air transportation using aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that the operating aircraft and crew meet the applicable operating and safety standards and requirements. 8. (8) On any segment or segments of the routes above, any designated airline may perform international air transport, including under code share arrangements, without any limitation as to change in type, size or number of aircraft operated at any point on the route. (9) The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the designated airlines of each Contracting Party must have the opportunity shall be permitted to access airports employ, in connection with air transport, any intermodal transport to or from any points in the territory territories of the Contracting Parties or third countries. Airlines may elect to perform their own intermodal transport or to provide it through arrangements, including code share, with other Party on carriers. Such intermodal services may be offered as a non-discriminatory basis. 9. In respect through service and at a single price for the air and intermodal transport combined, provided that passengers and shippers are informed as to the providers of the allocation and grant of slots to airlines at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, ensure that the airlines of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party in relation to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, such opportunities are extended to the airlines of the other Partytransport involved. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 1 contract

Sources: Agreement Concerning Air Services

Commercial Opportunities. 1. The airlines of each Party shall have the following rights in the territory of the other Party: (a) the right to establish offices, including offline offices, for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Party. 2. In accordance with the laws and regulations relating to entry, residence and employment of the other Party, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraph. 3. The airlines of each Party shall have the right to sell air transportation, and any person shall be free to purchase such transportation, in local or freely convertible currencies. Each airline shall have the right to convert their funds into any freely convertible currency and to transfer them from the territory of the other Party at will. Subject to the national laws and regulations and policy of the other Party, conversion and transfer of funds obtained in the ordinary course of their operations shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactions. 4. The airlines of each Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency or, provided this accords with local currency regulations, in freely convertible currencies. (a) In operating or holding out international air transportation the airlines of each Party shall have the right, over all or any part of their route in Annex 1 to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party and of third parties. Subject to paragraph 5 (dc) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined . The capacity offered by the aeronautical authorities of the Partiesa designated airline, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rightson services operated by other airlines will not be counted against any capacity entitlements of the Party designating the marketing airline. (dc) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (ed) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey, and provided such services are performed on flights operated by an airline(s) of the other Party. (fe) The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 6. The airlines Subject to the laws and regulations of each Party Party, each designated airline shall have the right to perform their its own ground- ground handling (“self-handling”) in the territory of the other Party. Where self-handling is precluded by laws and regulations or current policy, or contract with a each designated airline shall have the right to select among competing agent of their choice, including any other airlines which perform ground-handling, for such suppliers that provide ground handling services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline from performing its own ground-handling or contracting with an agent of its choice for ground-there is no effective competition between suppliers that provide ground handling services, these services each designated airline shall be made available to that airline treated on a nondiscriminatory basis of equality with all other airlinesas regards their access to self-handling, if applicable, and ground handling services provided by a supplier or suppliers. 7. The designated airlines of each Party shall be permitted to conduct international air transportation using aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that the operating aircraft and crew meet the applicable operating and safety standards and requirements. 8. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the designated airlines of each Party must have the opportunity to access airports in the territory of the other Party on a non-discriminatory basis. 9. In respect of the allocation and grant of time slots (slots) to airlines at their national airports, each Party will: (a) in the case of designated airlines, in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, use its best efforts to ensure that the airlines of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party in relation to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, such opportunities are extended to the airlines of the other Party. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Opportunities. 1. The airlines of each Party shall have the following rights in the territory of the other Party: (a) the right to establish offices, including offline offices, for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Party. 2. In accordance with the laws and regulations relating to entry, residence and employment of the other Party, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraph. 3. The airlines of each Party shall have the right to sell air transportation, and any person shall be free to purchase such transportation, in local or freely convertible currencies. Each airline shall have the right to convert their funds into any freely convertible currency and to transfer them from the territory of the other Party at willsubject to national laws and regulations. Subject to the national laws and regulations and policy of the other Party, conversion and transfer of funds obtained in the ordinary course of their operations shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactions. 4. The airlines of each Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency or, provided this accords with local currency regulations, in freely convertible currencies. (a) In operating or holding out international air transportation the airlines of each Party shall have the right, over all or any part of their route in Annex 1 to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party and of third parties. Subject to paragraph 5 (d) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (e) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. (f) The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 65. The airlines of each Party shall have the right to perform their own ground- ground-handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which perform ground-handling, for such services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlines. 76. The airlines of each Party shall be permitted to conduct international air transportation using aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that the operating aircraft and crew meet the applicable operating and safety standards and requirements. 87. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must have the opportunity to access airports in the territory of the other Party on a non-discriminatory basis. 98. In respect of the allocation and grant of slots to airlines at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, ensure that the airlines of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party in relation to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, such opportunities are extended to the airlines of the other Party. 109. The terms of paragraph 9 8 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Opportunities. (1. ) The airlines of each Party shall have the following rights right to establish offices in the territory of the other Party:Party for the promotion and sale of air transport. (a2) the right to establish officesThe airlines of each Party shall be entitled, including offline offices, for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Party. 2. In accordance with the laws and regulations of the other Party relating to entry, residence residence, and employment of the other Partyemployment, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational operational, and other specialist staff which the airline reasonably considers necessary required for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraphtransport. (3) Any airline of either Party may engage in the sale of air transport in the territory of the other Party directly and, at the airline's discretion, through its agents. The airlines of each Party Each airline shall have the right to sell air transportation, such transport and any person shall be free to purchase such transportationtransport, in local the currency of that territory or in freely convertible currencies. . (4) Each airline shall have the right to convert their funds into any freely convertible currency and remit abroad, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions in respect thereof at the rate of exchange applicable to transfer them from current transactions and remittance on the territory of date the other Party at will. Subject to carrier makes the national laws and regulations and policy of the other Party, conversion and initial application for remittance. (5) The transfer of funds obtained in and the ordinary course conversion of their operations foreign currency shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactionsthe tax legislation of each Party. If there is an agreement between the Parties to avoid double taxation, the provisions of that agreement shall prevail. 4. (6) The airlines of each Party shall have the right at their discretion be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency orcurrency. At their discretion, provided this accords with local currency regulations, the airlines of each Party may pay for such expenses in the territory of the other Party in freely convertible currenciescurrencies according to local currency regulation. (a7) In operating or holding out international air transportation the airlines of each Party shall have the righttransport pursuant to this Agreement, over all or any part of their route in Annex 1 to designated airline may enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airlineincluding but not limited to code-sharing, with any other airline, including airlines of third countries, provided that all airlines in such arrangements hold the same Party appropriate authority and of third parties. Subject meet the requirements normally applied to such arrangements. (8) In addition to the rights granted in paragraph 5 (d7) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (e) The designated airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. (f) The airlines of each Party shallmay, when in operating or holding out international air transportation for saletransport pursuant to this Agreement, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 6. The airlines of each Party shall have the right to perform their own ground- handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which perform ground-handling, for such services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlines. 7. The airlines of each Party shall be permitted to conduct international air transportation using use aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that all participants in such arrangements hold the operating aircraft appropriate authority and crew meet the applicable operating and safety standards and requirementsrequirements applied to such arrangements. 8. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must (9) Each designated airline shall have the opportunity right to access airports perform its own ground- handling in the territory of the other Party ("self-handling") or, at its option, select among competing agents for such services in whole or in part. The rights shall be subject only to physical constraints resulting from considerations of airport safety. Where such considerations preclude self- handling, ground-handling services shall be available on a nonan equal basis to all airlines, and shall be comparable to the kind and quality of services which would be available if self-discriminatory basishandling were possible. 9. In respect (10) Notwithstanding any other provision of this Agreement, airlines and indirect providers of cargo transport of the allocation and grant of slots to airlines at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise Parties shall be permitted, ensure that without restriction, to employ in connection with international air transport any surface transport for cargo to or from any points in the airlines 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 cargo in bond under applicable laws and regulations. Access to airport customs processing and facilities shall be provided for such cargo, whether moving by surface or by air. Airlines may elect to perform their own surface transport or to provide it through arrangements with other Party: (i) surface carriers, including surface transport operated by other airlines and indirect providers of cargo air transport. Such intermodal cargo services may be offered at a single, through price for the air and surface transport combined, provided that shippers are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party in relation not misled as to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, facts concerning such opportunities are extended to the airlines of the other Partytransport. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Opportunities. 1. The airlines of each Party shall have the following rights in the territory of the other Party: (a) the right to establish offices, including offline offices, for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Party. 2. In accordance with the laws and regulations relating to entry, residence and employment of the other Party, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraph. 3. The airlines of each Party shall have the right to sell air transportation, and any person shall be free to purchase such transportation, in local or freely convertible currencies. Each airline shall have the right to convert their funds into any freely convertible currency and to transfer them from the territory of the other Party at will. Subject to the national laws and regulations and policy of the other Party, conversion and transfer of funds obtained in the ordinary course of their operations shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactions. 4. The airlines of each Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency or, provided this accords with local currency regulations, in freely convertible currencies. (a) In operating or holding out international air transportation the airlines of each Party shall have the right, over all or any part of their route in Annex 1 to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party and of third parties. Subject to paragraph 5 (dc) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (ed) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. (fe) The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 6. (f) Code share services provided by a designated airline of either Party as a marketing airline shall not be counted against the capacity entitlements(s) of the Party designating that marketing airline. (a) The designated airline or airlines of each one Party shall have be permitted, on the right basis of reciprocity, to perform their its own ground- specified ground handling services in the territory of the other Party in accordance with the other Party, or contract with a competing agent 's domestic laws and regulations. Ground handling services in the territory of their choice, including any other airlines which perform ground-handling, for such services one Party may be provided in whole or in part. Each airline shall also have the rightpart by any agent authorized by that Party to provide such services, in the territory if required by domestic laws and regulations. (b) The exercise of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights set forth above shall be subject only to restrictions physical or operational constraints resulting from considerations of airport safetysafety or security. Where such considerations preclude an airline from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services Any constraints shall be made applied uniformly and on terms no less favourable than the most favourable terms available to that any airline on a basis of equality with all other airlinesengaged in similar international air services at the time the constraints are imposed. 7. The airlines of each Party shall be permitted to conduct international air transportation using aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that the operating aircraft and crew meet the applicable operating and safety standards and requirementsrequirements and after the approval of the competent authorities of both Parties. 8. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must have the opportunity to access airports mutually determined in the territory of the other Party on a non-discriminatory basis. 9. In respect of the allocation and grant of time slots (slots) to airlines at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, ensure that the airlines of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party in relation to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, such opportunities are extended to the airlines of the other Party. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Opportunities. 1. The airlines of each Party shall have the following rights in the territory of the other Party: (a) the right to establish offices, including offline offices, for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Party. 2. In accordance with the laws and regulations relating to entry, residence and employment of the other Party, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraph. 3. The airlines of each Party shall have the right to sell air transportation, and any person shall be free to purchase such transportation, in local or freely convertible currencies. Each airline shall have the right to convert their funds into any freely convertible currency and to transfer them from the territory of the other Party at will. Subject to the national laws and regulations and policy of the other Party, conversion and transfer of funds obtained in the ordinary course of their operations shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactions. 4. The airlines of each Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency or, provided this accords with local currency regulations, in freely convertible currencies. (a) In operating or holding out international air transportation the airlines of each Party shall have the right, over all or any part of their route in Annex 1 to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party and of third parties. Subject to paragraph 5 (dc) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party Party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (ed) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. (fe) The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 6. The airlines of each Party shall have the right to perform their own ground- ground-handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which perform ground-handling, for such services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlines. 7. The airlines of each Party shall be permitted to conduct international air transportation using aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that the operating aircraft and crew meet the applicable operating and safety standards and requirements. 8. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must have the opportunity to access airports in the territory of the other Party on a non-discriminatory basis. 9. In respect of the allocation and grant of slots to airlines at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, ensure that the airlines of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party Party in relation to the grant of slots to the airlines of that party Party or is otherwise permitted for a particular foreign international airline or airlines, such opportunities are extended to the airlines of the other Party. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Opportunities. 1. The airlines of each Party shall have the following rights in the territory of the other Party: (a) the right to establish offices, including offline offices, for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Party. 2. In accordance with the laws and regulations relating to entry, residence and employment of the other Party, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraph. 3. (a) The airlines of each Party shall have the right to sell air transportation, and any person shall be free to purchase such transportation, in local or freely convertible currencies. Each airline shall have . (b) Subject to domestic rules and regulations of the right to other Party, each airline: (i) may convert their funds into any freely convertible currency and to currency, (ii) may transfer them their funds from the territory of the other Party at will. Subject to the national laws and regulations and policy of the other Party, conversion and (iii) may convert and transfer of funds obtained in the ordinary course of their operations shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer. Such conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactions. (c) In implementing domestic rules and regulations that affect the exercise of rights under this Article 13.3, each Party shall ensure that it accords to the airline of the other Party treatment no less favourable than it accords to its own airlines and to airlines of a non-Party. 4. The airlines of each Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency or, provided this accords with local currency regulations, in freely convertible currencies. (a) In operating or holding out international air transportation the airlines of each Party shall have the right, over all or any part of their route in the Annex 1 to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party and of third parties. Subject to paragraph 5 (d) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines designated airline(s) of each Party, when code sharing as the marketing airline, except for code sharing with third party airlines, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by The airlines participating in such arrangements must hold the aeronautical appropriate authority or authorities of to conduct international air transportation on the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rightsroutes or segments concerned. (d) The aeronautical authority In case of one Party shall not withhold code sharing permission for arrangements involving an airline of a third country, such third country code share rights should have already been exchanged between the other Party to market code share services on flights operated by airlines of third parties on the basis that and the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airlinecountry concerned. (e) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. (f) The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. (f) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. 6. The airlines of each Party shall have the right to perform their own ground- handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which perform ground-handling, for such services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an a airline from performing its own ground-handling or contracting with an agent of its choice for ground-ground- handling services, these services shall be made available to that airline on a basis of equality with all other airlines. 7. The airlines of each Party shall be permitted to conduct international air transportation using aircraft (or aircraft and crew) dry-leased from any company, including other airlines, provided only that the operating aircraft and crew meet the applicable operating and safety standards and requirements. 8. The aeronautical authorities agreed to give favourable consideration to the designated airlines of each Party conducting international air transportation using aircraft and crew leased from any company, including other airlines, provided that the operating aircraft and crew meet the applicable operating and safety standards and requirements of the Parties. 9. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must have the opportunity to access use facilities and services provided by airports in the territory of the other Party on a non-discriminatory basis. 910. In respect of the allocation and grant of time slots (slots) to airlines at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, ensure that the airlines of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party in relation to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, such opportunities are extended to the airlines of the other Party. 1011. The terms of paragraph 9 10 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Opportunities. 1. The airlines of each Party shall have the following rights right to establish offices in the territory of the other Party: (a) the right to establish offices, including offline offices, Party for the promotion, promotion and sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Partyservices. 2. In The designated airlines of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence and employment of the other Partyemployment, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary required for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraphservices. 3. The airlines Any airline of each Party may engage in the sale of air services in the territory of the other Party directly and, at the airline's discretion, through its agents, except as may be specifically provided by the charter regulations of the country in which the charter originates that relate to the protection of passenger funds, passenger cancellation and refund rights. Each airline shall have the right to sell air such transportation, and any person shall be free to purchase such transportation, in local the currency of that territory or in freely convertible currencies. 4. Each airline shall have the right to convert their funds into any freely convertible currency and remit to transfer them from the territory its country, on demand, local revenues in excess of the other Party at willsums locally disbursed. Subject to the national laws Conversion and regulations and policy of the other Party, conversion and transfer of funds obtained in the ordinary course of their operations remittance shall be permitted promptly without restrictions or taxation in respect thereof at the foreign rate of exchange market rates applicable to current transactions and remittance on the date the carrier makes the initial application for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactionsremittance. 45. The airlines of each Party shall have the right at their discretion be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency orcurrency. At their discretion, provided this accords with local currency regulations, in freely convertible currencies. (a) In operating or holding out international air transportation the airlines of each Party shall have the right, over all or any part of their route in Annex 1 to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party and of third parties. Subject to paragraph 5 (d) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (e) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. (f) The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 6. The airlines of each Party shall have the right to perform their own ground- handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which perform ground-handling, pay for such services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlines. 7. The airlines of each Party shall be permitted to conduct international air transportation using aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that the operating aircraft and crew meet the applicable operating and safety standards and requirements. 8. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must have the opportunity to access airports expenses in the territory of the other Party on a non-discriminatory basisin freely convertible currencies according to local currency regulation. 96. In respect Notwithstanding anything contained in this Article, the exercise of the allocation and grant of slots to airlines at their national airports, each Party will: (a) rights under this Article shall be in accordance with local slot allocation rulesthe applicable domestic rules and regulations, procedures or practices which are in effect or otherwise permitted, ensure and the Parties stipulate that the airlines rules and regulations shall be administered in a non- discriminatory fashion and consistent with the purposes of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party in relation to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, such opportunities are extended to the airlines of the other PartyAgreement. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Opportunities. 1. The airlines of each Party shall have the following rights in the territory of the other Party: (a) the right to establish offices, including offline offices, for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Party. 2. In accordance with the laws and regulations relating to entry, residence and employment of the other Party, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraph. 3. The airlines of each Party shall have the right to sell air transportation, and any person shall be free to purchase such transportation, in local or freely convertible currencies. Each airline shall have the right to convert their funds into any freely convertible currency and to transfer them from the territory of the other Party at will. Subject to the national laws and regulations and policy of the other Party, conversion and transfer of funds obtained in the ordinary course of their operations shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactions. 4. The airlines of each Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency or, provided this accords with local currency regulations, in freely convertible currencies. (a) In operating or holding out international air transportation the airlines of each Party shall have the right, over all or any part of their route in Annex 1 to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines airline of the same Party and of third partiesother Party. Subject to paragraph 5 (dc) of this Article, the airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (e) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. (fd) The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 6. The airlines of each Party shall have the right to perform their own ground- ground-handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which perform ground-handling, for such services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlines. 7. (a) The airlines of each Party shall party may use an aircraft on the agreed services other than one owned by it only under the following conditions : - (i) that such arrangements will not be permitted equivalent to conduct international air transportation using aircraft giving the lessor airline access to traffic rights not otherwise available to that airline; (or aircraft and crewii) leased from any company, including other airlines, provided only that the operating financial benefit to be obtained by the lessor airline through such arrangements will not be related to the financial success of the operation of the designated airline concerned; (iii) that the agreed services by the designated airline using the leased aircraft will not be linked so as to provide through services by the same aircraft to or from the services of the lessor airline on its own route or routes; (iv) that the standard of continued airworthiness and crew meet the applicable adequacy of operating and safety maintenance standards and requirementsinsurance cover of any leased aircraft operation by an airline designated by one side have to satisfy all reasonable requirements imposed from time to time by the aeronautical authorities of the other side; and (v) that the responsibility for the matters referred to in paragraph (iv) above will be established to the satisfaction of the aeronautical authorities of both sides. (b) A designated airline may be required to give not less than 60 days’ written notification to the aeronautical authorities of the other side of any leasing of aircraft together with the terms of such arrangements and other relevant information, and obtain prior approval of the said authorities before using any leased aircraft. Approval will be given by the said authorities provided that notification was duly given under this paragraph and the lease arrangement in question satisfies all the conditions listed in paragraph 1 above. (c) Furthermore, where the leasing of aircraft becomes necessary for emergency reasons and the lease does not exceed 90 days, approval will not be withheld by the aeronautical authorities of the other side solely for the reason that less than 60 days’ notice was given, so long as reasonable prior notification was given to the said authorities. 8. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must have the opportunity to access airports in the territory of the other Party on a non-discriminatory basis. 9. In respect of the allocation and grant of slots to airlines at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, ensure that the airlines of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party in relation to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, such opportunities are extended to the airlines of the other Party. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 1 contract

Sources: Air Services Agreement

Commercial Opportunities. 1. The airlines of each Party shall have the following rights in the territory of the other Party: (a) the right to establish offices, including offline offices, for the promotion, sale and management of air transportation; (b) the right to engage in the sale and marketing of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and (c) the right to use the services and personnel of any organisation, company or airline operating in the territory of the other Party. 2. In accordance with the laws and regulations relating to entry, residence and employment of the other Party, the airlines of each Party shall be entitled to bring in and maintain in the territory of the other Party those of their own managerial, sales, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air transportation. Consistent with such laws and regulations, each Party shall, with the minimum of delay, grant the necessary employment authorisations, visas or other similar documents to the representatives and staff referred to in this paragraph. 3. The airlines of each Party shall have the right to sell air transportation, and any person shall be free to purchase such transportation, in local or freely convertible currencies. Each airline shall have the right to convert their funds into any freely convertible currency and to transfer them from the territory of the other Party at will. Subject to the national laws and regulations and policy of the other Party, conversion and transfer of funds obtained in the ordinary course of their operations shall be permitted at the foreign exchange market rates for payments prevailing at the time of submission of the requests for conversion or transfer and shall not be subject to any charges except normal service charges levied for such transactions. 4. The airlines of each Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency or, provided this accords with local currency regulations, in freely convertible currencies. (a) In operating or holding out international air transportation the designated airlines of each Party shall have the right, over all or any part of their route in Annex 1, Section 1 to enter into code share, blocked space or other cooperative marketing arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party and of third parties. Subject to paragraph 5 (dc) of this Article, the designated airlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned. (b) Unless otherwise mutually determined by the aeronautical authorities of the Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement. (c) Unless otherwise mutually determined The absence of an understanding between either Party and a third country relating to third country code share arrangements shall not preclude the exercise of this entitlement by the aeronautical authorities of the Parties, the designated airlines of each either Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights. (d) The aeronautical authority of one Party shall not withhold code sharing permission for an airline of the other Party to market code share services on flights operated by airlines of third parties on the basis that the third party airlines concerned do not have the right from the first Party to carry traffic under the code of the marketing airline. (e) The airlines of each Party may market code share services on domestic flights operated within the territory of the other Party provided that such services form part of a through international journey. (fe) The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the purchaser at the point of sale which airline will be the operating airline on each sector of the journey and with which airline or airlines the purchaser is entering into a contractual relationship. 6. The airlines of each Party shall have the right to perform their own ground- handling in the territory of the other Party, or contract with a competing agent of their choice, including any other airlines which perform ground-handling, for such services in whole or in part. Each airline shall also have the right, in the territory of the other Party, to offer its services as a ground-handling agent, in whole or part, to any other airline. These rights shall be subject only to restrictions resulting from considerations of airport safety. Where such considerations preclude an airline from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that airline on a basis of equality with all other airlines. 7. The airlines of each Party shall be permitted to conduct international air transportation using aircraft (or aircraft and crew) leased from any company, including other airlines, provided only that the operating aircraft and crew meet the applicable operating and safety standards and requirements. 87. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the airlines of each Party must have the opportunity to access airports in the territory of the other Party on a non-discriminatory basis. 98. In respect of the allocation and grant of time slots (slots) to airlines at their national airports and subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports, each Party will: (a) in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, ensure that the airlines of the other Party: (i) are permitted fair and equal opportunity to secure slots; and (ii) are afforded no less favourable treatment than any other airline in securing slots; and (b) ensure that in the event of any arrangement, procedure or practice which is either established with any third party in relation to the grant of slots to the airlines of that party or is otherwise permitted for a particular foreign international airline or airlines, such opportunities are extended to the airlines of the other Party. 10. The terms of paragraph 9 of this Article will be subject to the provisions of any laws or regulations introduced by the Parties for the allocation of slots at their national airports.

Appears in 1 contract

Sources: Air Services Agreement