Commercial Opportunities. 1. The designated airline(s) of each Party shall have the following rights in the territory of the other Party: (a) to establish offices for the promotion, sale and management of air transportation; (b) 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) 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 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. 3. The 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. 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 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. 5. 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, the airlines of each Party shall have the right over any part of their Route in the Annex to enter into code – sharing, blocked space or other marketing agreements with; (a) a designated airline(s) of the same Party; or (b) one or more designated airline(s) of the other Party; or (c) 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 designated airline(s) of the other 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 be offered by the designated airline(s) by the United Mexican States on code-share services on flights operated by an airline(s) of Australia, the United Mexican States and/or of any third country. There shall be no limit imposed by the Aeronautical Authorities of the United Mexican States on the 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 marketing airlines offering their services on a code-sharing basis, shall guarantee that the passengers be informed at the point of the sale, the airlines that shall operate each leg of the route; (d) as marketing airlines exercise third and fourth freedom traffic rights and may exercise own international or domestic stop–over rights at any point; (e) 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) 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. 9. The designated airline(s) 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 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. 10. The designated airline(s) of each Party shall be permitted to conduct international air transportation using aircraft owned, dry leased (aircraft only) or under any ownership title, provided only that the operating aircraft meets the applicable operating and safety standards and requirements. 11. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the 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. 12. In respect of the allocation and grant of time slots to 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 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 in relation to the grant of slots to the airlines of that Party or is otherwise permitted for a particular foreign international airline(s) such opportunities are extended to the airlines of the other Party. 13. The terms of paragraph 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
Samples: Air Services Agreement, Air Services Agreement
Commercial Opportunities. 1. The designated airline(s) airlines of each Party shall have the following rights in the territory of the other Party:
(a) the right to establish offices 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 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 designated airline(s) 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 designated airline(s) 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. The designated airline(s) 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 airline(s) 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.
5. Upon operating or offering the agreed services on the specified Routes in the Annex, the designated airline(s(a) 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 – sharingshare, blocked space or other cooperative marketing agreements with;
(a) a designated airline(s) arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party; orParty 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) one or more designated airline(s) Unless otherwise mutually determined by the aeronautical authorities of the other Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party; or, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement.
(c) one or more airline(s) Unless otherwise mutually determined by the aeronautical authorities of a third countrythe Parties, the airlines of each Party, when code sharing as the marketing airline, may exercise unrestricted traffic rights.
6. With respect to subparagraph 5(c(d) neither The aeronautical authority of the Parties shall, one Party shall not withhold code sharing permission for the code-sharing services to be effectively operated by the designated airline(s) an airline of the other 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 Party to be offered by the designated airline(s) by the United Mexican States on code-market code share services on flights operated by an airline(s) airlines of Australia, third parties on the United Mexican States and/or of any basis that the third country. There shall be no limit imposed by party airlines concerned do not have the Aeronautical Authorities right from the first Party to carry traffic under the code of the United Mexican States on the 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 countrymarketing airline.
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 marketing airlines offering their services on a code-sharing basis, shall guarantee that the passengers be informed at the point of the sale, the airlines that shall operate each leg of the route;
(d) as marketing airlines exercise third and fourth freedom traffic rights and may exercise own international or domestic stop–over rights at any point;
(e) be able to 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.
(f) ensure that The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the designated airline(s) purchaser at the point of sale which airline will be the operating airline on each sector of the Party journey and with which airline or airlines the purchaser is 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 Partya contractual relationship.
96. The designated airline(s) 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 a designated airline(s) 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.
107. The designated airline(s) airlines of each Party shall be permitted to conduct international air transportation using aircraft owned(or aircraft and crew) leased from any company, dry leased (aircraft only) or under any ownership titleincluding other airlines, provided only that the operating aircraft meets and crew meet the applicable operating and safety standards and requirements.
118. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the designated airline(s) airlines 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.
129. In respect of the allocation and grant of time slots to designated airline(s) 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 designated airline(s) 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(s) airline or airlines, such opportunities are extended to the airlines of the other Party.
1310. The terms of paragraph 12 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
Samples: Agreement Between the Government of Australia and the Government of Solomon Islands Relating to Air Services, Air Services Agreement
Commercial Opportunities. 1. The designated airline(s) airlines of each Party shall have the following rights right to establish offices in the territory of the other Party:
(a) to establish offices Party for the promotion, promotion and sale and management of air transportation;.
(b) to engage in the sale and marketing 2. The airlines of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and
(c) to use the services and personnel of any organisation, company or designated airline operating in the territory of the other Partyeach Party shall be entitled, in accordance with the laws and regulations of the other Party where the services operate.
2. In accordance with the laws and regulations relating to entry, residence residence, and employment of the other Partyemployment, the 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 operational, and other specialist staff which the airline reasonably considers necessary required for the provision of air transportation.
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 designated airline(s) 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. The designated airline(s) 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 designated airline(s) 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 or, provided this accords with local currency regulations, in freely convertible currencies.
5currency. 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 At 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 transportationdiscretion, the airlines of each Party shall have the right over any part of their Route in the Annex to enter into code – sharing, blocked space or other marketing agreements with;
(a) a designated airline(s) of the same Party; or
(b) one or more designated airline(s) of the other Party; or
(c) 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 designated airline(s) of the other 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 be offered by the designated airline(s) by the United Mexican States on code-share services on flights operated by an airline(s) of Australia, the United Mexican States and/or of any third country. There shall be no limit imposed by the Aeronautical Authorities of the United Mexican States on the 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 marketing airlines offering their services on a code-sharing basis, shall guarantee that the passengers be informed at the point of the sale, the airlines that shall operate each leg of the route;
(d) as marketing airlines exercise third and fourth freedom traffic rights and may exercise own international or domestic stop–over rights at any point;
(e) 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) 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.
9. The designated airline(s) 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 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.
10. The designated airline(s) of each Party shall be permitted to conduct international air transportation using aircraft owned, dry leased (aircraft only) or under any ownership title, provided only that the operating aircraft meets the applicable operating and safety standards and requirements.
11. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the designated airline(s) of each Party must have the opportunity to access airports expenses 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 operatefreely convertible currencies according to local currency regulation.
127. In respect operating or holding out the authorized services under this Agreement, any airline of the allocation and grant one Party may enter into cooperative marketing arrangements such as blocked-space, code- sharing, or leasing arrangements, with
a. an airline or airlines of time slots to designated airline(s) at their national airports, each Party will:either Party;
(a) b. an airline or airlines of a third country; [and
c. a surface transportation provider of any country;] provided that all participants in accordance with local slot allocation rules, procedures or practices which are in effect or otherwise permitted, ensure that the designated airline(s) of the other Party:
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(s) facts concerning such opportunities are extended to the airlines of the other Partytransportation.
13. The terms of paragraph 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
Commercial Opportunities. (1. ) The designated airline(s) 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) to establish offices for the promotion, sale and management The airlines of air transportation;
(b) 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) to use the services and personnel of any organisation, company or designated airline operating in the territory of the other Partyeach Party shall be entitled, in accordance with the laws and regulations of the other Party where the services operate.
2. In accordance with the laws and regulations relating to entry, residence residence, and employment of the other Partyemployment, the 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 operational, and other specialist staff which the airline reasonably considers necessary required for the provision of air transportationtransport.
(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 designated airline(s) 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. The designated airline(s.
(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 designated airline(s) 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.
5. Upon operating or offering the agreed services on the specified Routes in the Annex, the designated airline(s(6) 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 transportationtransport pursuant to this Agreement, any designated airline may enter into cooperative arrangements, including but not limited to code-sharing, with any other airline, including airlines of third countries, provided that all airlines in such arrangements hold the appropriate authority and meet the requirements normally applied to such arrangements.
(7) In addition to the rights granted in paragraph (6) of this Article, the designated airlines of each Party shall have may, in operating or holding out international air transport pursuant to this Agreement, use aircraft (or aircraft and crew) leased from any company, including other airlines, provided all participants in such arrangements hold the right over any part of their Route in appropriate authority and meet the Annex requirements applied to enter into code – sharing, blocked space or other marketing agreements with;such arrangements.
(a) a 8) Each designated airline(s) of the same Party; or
(b) one or more designated airline(s) of the other Party; or
(c) 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 designated airline(s) of the other 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 be offered by the designated airline(s) by the United Mexican States on code-share services on flights operated by an airline(s) of Australia, the United Mexican States and/or of any third country. There shall be no limit imposed by the Aeronautical Authorities of the United Mexican States on the 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 marketing airlines offering their services on a code-sharing basis, shall guarantee that the passengers be informed at the point of the sale, the airlines that shall operate each leg of the route;
(d) as marketing airlines exercise third and fourth freedom traffic rights and may exercise own international or domestic stop–over rights at any point;
(e) 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) 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.
9. The designated airline(s) of each Party airline shall have the right to perform their its 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 groundParty ("self-handling") or, at its option, select among competing agents 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 The rights shall be subject only to restrictions physical constraints resulting from considerations of airport safety. Where such considerations preclude a designated airline(s) from performing its own self-handling, ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available on an equal basis to that airline on a basis all airlines, and shall be comparable to the kind and quality of equality with all other airlinesservices which would be available if self- handling were possible.
10. The designated airline(s(9) Notwithstanding any other provision of each Party this Agreement, airlines and indirect providers of transport for passengers and cargo of the Parties shall be permitted permitted, without restriction, to conduct employ in connection with international air transportation using aircraft ownedtransport any surface transport for passengers and cargo to or from any points in the territories of the Parties or in third countries, dry leased (aircraft only) 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 under any ownership titleby air. Airlines may elect to perform their own surface transport or to provide it through arrangements with other 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 only that the operating aircraft meets the applicable operating and safety standards and requirements.
11. The Parties recognise that to give effect transporters are not misled as to the rights and entitlements embodied in the Agreement the 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 operatefacts concerning such transport.
12. In respect of the allocation and grant of time slots to 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 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 in relation to the grant of slots to the airlines of that Party or is otherwise permitted for a particular foreign international airline(s) such opportunities are extended to the airlines of the other Party.
13. The terms of paragraph 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 1 contract
Samples: Air Services Agreement
Commercial Opportunities.
1. The designated airline(s) airlines of each Party shall have the following rights in the territory of the other Party:
(a) the right to establish offices 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 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 designated airline(s) 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 designated airline(s) 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. The designated airline(s.
(b) shall have 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 designated airline(s) 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.
5. Upon operating or offering the agreed services on the specified Routes in the Annex, the designated airline(s(a) 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 to enter into code – sharingshare, blocked space or other cooperative marketing agreements with;
(a) a designated airline(s) arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party; orParty and of third parties.
(b) one or more designated airline(s) Unless otherwise mutually determined by the aeronautical authorities of the other Party; or
(c) one Parties, the volume of capacity 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 service frequencies which may be effectively operated held out and sold by the designated airline(s) of the other each Party, require when code sharing as the existence of a code-marketing airline, except for code sharing agreement with the third countryparty airlines, shall not be subject to limitations under this Agreement.
7. There shall be no limit imposed by the Aeronautical Authorities of Australia on the capacity to be offered by the designated airline(s) by the United Mexican States on code-share services on flights operated by an airline(s) of Australia, the United Mexican States and/or of any third country. There shall be no limit imposed by the Aeronautical Authorities of the United Mexican States on the 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 airlines participating in such arrangements must hold the marketing appropriate authority or authorities to conduct international air transportation on the routes or segments concerned.
(d) In case of arrangements involving an airline of a third country, such third country code share rights should have already been exchanged between the other Party and the third country concerned.
(e) The airlines offering their services on a code-sharing basisof each Party shall, shall guarantee that when holding out international air transportation for sale, make it clear to the passengers be informed purchaser at the point of sale which airline will be the sale, the airlines that shall operate operating airline on each leg sector of the route;journey and with which airline or airlines the purchaser is entering into a contractual relationship.
(df) as marketing The airlines exercise third and fourth freedom traffic rights and of each Party may exercise own international or domestic stop–over rights at any point;
(e) 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) 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.
96. The designated airline(s) 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 a designated airline(s) 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.
107. The designated airline(s) airlines of each Party shall be permitted to conduct international air transportation using aircraft owneddry-leased from any company, dry leased (aircraft only) or under any ownership titleincluding other airlines, provided only that the operating aircraft meets meet the applicable operating and safety standards and requirements.
118. 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 designated airline(s) 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, in accordance with the laws and regulations of the Party where the services operate.
1210. In respect of the allocation and grant of time slots (slots) to designated airline(s) 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 designated airline(s) 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(s) airline or airlines, such opportunities are extended to the airlines of the other Party.
1311. The terms of paragraph 12 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
Samples: Air Services Agreement
Commercial Opportunities. 1. The designated airline(s) airlines of each Party shall have the following rights in the territory of the other Party:
(a) the right to establish offices 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 designated airline operating in the territory of the other Party, authorised to perform such services in accordance with the laws and regulations territory of the Party where the services operatethat Party.
2. In accordance with the laws and regulations relating to entry, residence and employment of the other Party, the designated airline(s) 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 designated airline(s) 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. The designated airline(s) 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 airline(s) 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.
5. Upon operating or offering the agreed services on the specified Routes in the Annex, the Each 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, the airlines of each Party airline shall have the right over any part of to provide their Route in the Annex to enter into code – sharing, blocked space or other marketing agreements with;
(a) a designated airline(s) of the same Party; or
(b) one or more designated airline(s) of the other Party; or
(c) 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 designated airline(s) of the other 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 be offered by the designated airline(s) by the United Mexican States on code-share services on flights operated by an airline(s) of Australia, the United Mexican States and/or of any third country. There shall be no limit imposed by the Aeronautical Authorities of the United Mexican States on the 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 own ground- handling 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 marketing airlines offering their services on a code-sharing basis, shall guarantee that the passengers be informed at the point of the sale, the airlines that shall operate each leg of the route;
(d) as marketing airlines exercise third and fourth freedom traffic rights and may exercise own international or domestic stop–over rights at any point;
(e) be able to market code share services on domestic flights operated within the territory of the other Party provided that such or otherwise to contract these services form part of a through international journey; and
(f) ensure that the designated airline(s) out, in full or in part, at its option, with any of the Party entering into code-sharing agreements shall submit suppliers authorised for the consideration of, and, if applicable, for provision of such services. Where or as long as the approval regulations applicable to the provision of the Aeronautical Authorities of the other Party the schedules and timetables, to meet the respective requirements of each Party.
9. The designated airline(s) of each Party shall have the right to perform their own 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 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 airlinessuppliers.
106. The Subject to applicable laws and regulations, the designated airline(s) airlines of each Party shall be permitted to conduct international air transportation using aircraft owned(or aircraft and crew) leased from any company, dry leased (aircraft only) or under any ownership titleincluding other airlines, provided only that the operating aircraft meets and crew meet the applicable operating and safety standards standards, and requirements.
11. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the 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.
127. In respect of the allocation and grant of time slots to designated airline(s) 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 designated airline(s) of the other Party:
(i) slots 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(s) such opportunities are extended 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.
13. The terms of paragraph 12 of this Article will be subject to , in conformity with 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
Samples: Air Services Agreement
Commercial Opportunities. 1. The designated airline(s) airlines of each Party shall have the following rights in the territory of the other Party:
(a) the right to establish offices 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 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 designated airline(s) 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 designated airline(s) 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. The designated Each Party shall permit airline(s) shall have 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 designated airline(s) 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.
5. 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, the airlines of each Party shall have the right over any part of their Route in the Annex to enter into code – sharing, blocked space or other marketing agreements with;
(a) a designated airline(s) of the same Party; or
(b) one or more designated airline(s) of the other Party; or
(c) 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 designated airline(s) of the other 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 be offered by the designated airline(s) by the United Mexican States on code-share services on flights operated by an airline(s) of Australia, the United Mexican States and/or of any third country. There shall be no limit imposed by the Aeronautical Authorities of the United Mexican States on the 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 marketing airlines offering their services on a code-sharing basis, shall guarantee that the passengers be informed at the point of the sale, the airlines that shall operate each leg of the route;
(d) as marketing airlines exercise third and fourth freedom traffic rights and may exercise own international or domestic stop–over rights at any point;
(e) 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) 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.
9. The designated airline(s) 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 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.
10. The designated airline(s) of each Party shall be permitted to conduct international air transportation using aircraft owned, dry leased (aircraft only) or under any ownership title, provided only that the operating aircraft meets the applicable operating and safety standards and requirements.
11. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the designated airline(s) 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, in accordance with the laws and regulations of the Party where the services operate.
12. In respect of the allocation and grant of time slots to 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 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 in relation to the grant of slots to the airlines of that Party or is otherwise permitted for a particular foreign international airline(s) such opportunities are extended to the airlines of the other Party.
13. The terms of paragraph 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 1 contract
Samples: Air Services Agreement
Commercial Opportunities. 1. The designated airline(s) airlines of each Party shall have the following rights in the territory of the other Party:
(a) the right to establish offices 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 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 designated airline(s) 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 designated airline(s) 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. The designated airline(s) 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 airline(s) 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.
5. Upon operating or offering the agreed services on the specified Routes in the Annex, the designated airline(s(a) 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 – sharingshare, blocked space or other cooperative marketing agreements with;
(a) a designated airline(s) arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party; orParty and of third parties. Subject to 5 (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) one or more designated airline(s) Unless otherwise mutually determined by the aeronautical authorities of the other Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party; or, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement.
(c) The aeronautical authority of one or more airline(s) of a third country.
6. With respect to subparagraph 5(c) neither of the Parties shall, Party shall not withhold code sharing permission for the code-sharing services to be effectively operated by the designated airline(s) an airline of the other 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 Party to be offered by the designated airline(s) by the United Mexican States on code-market code share services on flights operated by an airline(s) airlines of Australia, third parties on the United Mexican States and/or of any basis that the third country. There shall be no limit imposed by party airlines concerned do not have the Aeronautical Authorities right from the first Party to carry traffic under the code of the United Mexican States on the 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 countrymarketing airline.
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 marketing airlines offering their services on a code-sharing basis, shall guarantee that the passengers be informed at the point of the sale, the airlines that shall operate each leg of the route;
(d) as marketing The airlines exercise third and fourth freedom traffic rights and of each Party may exercise own international or domestic stop–over rights at any point;
(e) 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.
(fe) ensure that The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the designated airline(s) purchaser at the point of sale which airline will be the operating airline on each sector of the Party journey and with which airline or airlines the purchaser is 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 Partya contractual relationship.
96. The designated airline(s) 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 a designated airline(s) 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.
107. The designated airline(s) airlines of each Party shall be permitted to conduct international air transportation using aircraft owned(or aircraft and crew) leased from any company, dry leased (aircraft only) or under any ownership titleincluding other airlines, provided only that the operating aircraft meets and crew meet the applicable operating and safety standards and requirements.
118. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the designated airline(s) airlines 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.
129. In respect of the allocation and grant of time slots (slots) to designated airline(s) 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 designated airline(s) 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(s) airline or airlines, such opportunities are extended to the airlines of the other Party.
1310. The terms of paragraph 12 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
Samples: Air Services Agreement
Commercial Opportunities. 1. The designated airline(s) airlines of each Party shall have the following rights in the territory of the other Party:
(a) the right to establish offices 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 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 designated airline(s) 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 designated airline(s) 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. The designated airline(s) 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 airline(s) 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.
5. Upon operating or offering the agreed services on the specified Routes in the Annex, the designated airline(s(a) 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 – sharingshare, blocked space or other cooperative marketing agreements with;
arrangements, as the marketing and/or operating airline, with any airline of the other Party. Subject to 5 (a) a designated airline(sc) of this Article, the same Party; orairlines participating in such arrangements must hold the appropriate authority or authorities to conduct international air transportation on the routes or segments concerned.
(b) one or more designated airline(s) Unless otherwise mutually determined by the aeronautical authorities of the other Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party; or, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement.
(c) one or more airline(s) The airlines 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 designated airline(s) of the other 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 be offered by the designated airline(s) by the United Mexican States on code-share services on flights operated by an airline(s) of Australia, the United Mexican States and/or of any third country. There shall be no limit imposed by the Aeronautical Authorities of the United Mexican States on the 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 each Party 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 marketing airlines offering their services on a code-sharing basis, shall guarantee that the passengers be informed at the point of the sale, the airlines that shall operate each leg of the route;
(d) as marketing airlines exercise third and fourth freedom traffic rights and may exercise own international or domestic stop–over rights at any point;
(e) 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.
(fd) ensure that The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the designated airline(s) purchaser at the point of sale which airline will be the operating airline on each sector of the Party journey and with which airline or airlines the purchaser is 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 Partya contractual relationship.
96. The designated airline(s) 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 a designated airline(s) 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.
10. (a) The designated airline(s) 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 owned, dry leased giving the lessor airline access to traffic rights not otherwise available to that airline;
(aircraft onlyii) or under any ownership title, 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 meets will not be linked so as to provide through services by the applicable 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 the 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.
11(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 designated airline(s) airlines 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.
129. In respect of the allocation and grant of time slots to designated airline(s) 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 designated airline(s) 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(s) airline or airlines, such opportunities are extended to the airlines of the other Party.
1310. The terms of paragraph 12 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
Samples: Air Services Agreement
Commercial Opportunities. 1. The designated airline(s) airlines of each Party shall have the following rights in the territory of the other Party:
(a) the right to establish offices 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 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 designated airline(s) 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 designated airline(s) 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. The designated airline(s) 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 airline(s) 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.
5. Upon operating or offering the agreed services on the specified Routes in the Annex, the designated airline(s(a) 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 – sharingshare, blocked space or other cooperative marketing agreements with;
(a) a designated airline(s) arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party; orParty and of third parties. Subject to paragraph 5 (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) one or more designated airline(s) Unless otherwise mutually determined by the aeronautical authorities of the other Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party; or, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement.
(c) The aeronautical authority of one or more airline(s) of a third country.
6. With respect to subparagraph 5(c) neither of the Parties shall, Party shall not withhold code sharing permission for the code-sharing services to be effectively operated by the designated airline(s) an airline of the other 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 Party to be offered by the designated airline(s) by the United Mexican States on code-market code share services on flights operated by an airline(s) airlines of Australia, third parties on the United Mexican States and/or of any basis that the third country. There shall be no limit imposed by party airlines concerned do not have the Aeronautical Authorities right from the first Party to carry traffic under the code of the United Mexican States on the 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 countrymarketing airline.
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 marketing airlines offering their services on a code-sharing basis, shall guarantee that the passengers be informed at the point of the sale, the airlines that shall operate each leg of the route;
(d) as marketing The airlines exercise third and fourth freedom traffic rights and of each Party may exercise own international or domestic stop–over rights at any point;
(e) 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.
(e) 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) ensure that Code share services provided by a designated airline of either Party as a marketing airline shall not be counted against the designated airline(scapacity entitlements(s) of the Party entering into code-sharing agreements designating that marketing airline.
(a) The designated airline or airlines of one Party shall submit for be permitted, on the consideration of, and, if applicable, for the approval basis of the Aeronautical Authorities of the other Party the schedules and timetablesreciprocity, to meet the respective requirements of each Party.
9. The designated airline(s) of each Party shall have the right 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 a designated airline(s) 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.
107. The designated airline(s) airlines of each Party shall be permitted to conduct international air transportation using aircraft owned(or aircraft and crew) leased from any company, dry leased (aircraft only) or under any ownership titleincluding other airlines, provided only that the operating aircraft meets and crew meet the applicable operating and safety standards and requirementsrequirements and after the approval of the competent authorities of both Parties.
118. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the designated airline(s) 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, in accordance with the laws and regulations of the Party where the services operate.
129. In respect of the allocation and grant of time slots (slots) to designated airline(s) 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 designated airline(s) 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(s) airline or airlines, such opportunities are extended to the airlines of the other Party.
1310. The terms of paragraph 12 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
Samples: Air Services Agreement
Commercial Opportunities. 1. The designated airline(s) airlines of each Party shall have the following rights in the territory of the other Party:
(a) the right to establish offices 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 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 designated airline(s) 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 designated airline(s) 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. The designated airline(s) 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 airline(s) 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.
5. Upon operating or offering the agreed services on the specified Routes in the Annex, the designated airline(s(a) 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 – sharingshare, blocked space or other cooperative marketing agreements with;
(a) a designated airline(s) arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party; orParty and of third parties. Subject to 5 (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) one or more designated airline(s) Unless otherwise mutually determined by the aeronautical authorities of the other Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party; or, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement.
(c) The aeronautical authority of one or more airline(s) of a third country.
6. With respect to subparagraph 5(c) neither of the Parties shall, Party shall not withhold code sharing permission for the code-sharing services to be effectively operated by the designated airline(s) an airline of the other 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 Party to be offered by the designated airline(s) by the United Mexican States on code-market code share services on flights operated by an airline(s) airlines of Australia, third parties on the United Mexican States and/or of any basis that the third country. There shall be no limit imposed by party airlines concerned do not have the Aeronautical Authorities right from the first Party to carry traffic under the code of the United Mexican States on the 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 countrymarketing airline.
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 marketing airlines offering their services on a code-sharing basis, shall guarantee that the passengers be informed at the point of the sale, the airlines that shall operate each leg of the route;
(d) as marketing The airlines exercise third and fourth freedom traffic rights and of each Party may exercise own international or domestic stop–over rights at any point;
(e) 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.
(fe) ensure that The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the designated airline(s) purchaser at the point of sale which airline will be the operating airline on each sector of the Party journey and with which airline or airlines the purchaser is 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 Partya contractual relationship.
96. The designated airline(s) airlines of each Party shall have the right to perform in accordance with national laws and regulations 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 a designated airline(s) 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.
107. The designated airline(s) airlines of each Party shall be permitted to conduct international air transportation using aircraft owned(or aircraft and crew) leased from any company, dry leased (aircraft only) or under any ownership titleincluding other airlines, provided only that the operating aircraft meets and crew meet the applicable operating and safety standards and requirements.
118. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the designated airline(s) airlines 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.
129. In respect of the allocation and grant of time slots to designated airline(s) 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 designated airline(s) 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(s) airline or airlines, such opportunities are extended to the airlines of the other Party.
1310. The terms of paragraph 12 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
Commercial Opportunities. 1. The designated airline(s) airlines of each Party shall have the following rights right to establish offices in the territory of the other Party:
(a) to establish offices Party for the promotion, promotion and sale and management of air transportation;services.
(b) to engage in the sale and marketing 2. The designated airlines of air transportation to any person directly and, at its discretion, through its agents or intermediaries, using its own transportation documents; and
(c) to use the services and personnel of any organisation, company or designated airline operating in the territory of the other Partyeach Party shall be entitled, in accordance with the laws and regulations of the other Party where the services operate.
2. In accordance with the laws and regulations relating to entry, residence and employment of the other Partyemployment, the 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 required for the provision of air transportationservices.
3. The designated airline(s) 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. The designated airline(s) 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 designated airline(s) 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 or, provided this accords with local currency regulations, in freely convertible currencies.
5currency. 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 At 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 transportationdiscretion, the airlines of each Party shall have the right over any part of their Route in the Annex to enter into code – sharing, blocked space or other marketing agreements with;
(a) a designated airline(s) of the same Party; or
(b) one or more designated airline(s) of the other Party; or
(c) 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 designated airline(s) of the other 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 be offered by the designated airline(s) by the United Mexican States on code-share services on flights operated by an airline(s) of Australia, the United Mexican States and/or of any third country. There shall be no limit imposed by the Aeronautical Authorities of the United Mexican States on the 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 marketing airlines offering their services on a code-sharing basis, shall guarantee that the passengers be informed at the point of the sale, the airlines that shall operate each leg of the route;
(d) as marketing airlines exercise third and fourth freedom traffic rights and may exercise own international or domestic stop–over rights at any point;
(e) 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) 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.
9. The designated airline(s) 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 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.
10. The designated airline(s) of each Party shall be permitted to conduct international air transportation using aircraft owned, dry leased (aircraft only) or under any ownership title, provided only that the operating aircraft meets the applicable operating and safety standards and requirements.
11. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the designated airline(s) 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.
6. Notwithstanding anything contained in this Article, the exercise of rights under this Article shall be in accordance with the laws applicable domestic rules and regulations, and the Parties stipulate that the rules and regulations shall be administered in a non- discriminatory fashion and consistent with the purposes of the Party where the services operateAgreement.
12. In respect of the allocation and grant of time slots to 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 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 in relation to the grant of slots to the airlines of that Party or is otherwise permitted for a particular foreign international airline(s) such opportunities are extended to the airlines of the other Party.
13. The terms of paragraph 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 1 contract
Samples: Air Services Agreement
Commercial Opportunities. 1. The designated airline(s) airlines of each Contracting Party shall have the following rights in the territory of the other Contracting Party:
(a) the right to establish offices 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 designated airline operating in the territory of the other Contracting 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 Contracting Party, the designated airline(s) 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 designated airline(s) 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. The designated airline(s) 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 designated airline(s) 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.
5. 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, the The airlines of each Party shall have the right over any part of their Route in the Annex to enter into code – sharing, blocked space or other marketing agreements with;
(a) a designated airline(s) of the same Party; or
(b) one or more designated airline(s) of the other Party; or
(c) 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 designated airline(s) of the other 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 be offered by the designated airline(s) by the United Mexican States on code-share services on flights operated by an airline(s) of Australia, the United Mexican States and/or of any third country. There shall be no limit imposed by the Aeronautical Authorities of the United Mexican States on the 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 marketing airlines offering their services on a code-sharing basis, shall guarantee that the passengers be informed at the point of the sale, the airlines that shall operate each leg of the route;
(d) as marketing airlines exercise third and fourth freedom traffic rights and may exercise own international or domestic stop–over rights at any point;
(e) 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) 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.
9. The designated airline(s) 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 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.
10. The designated airline(s) of each Contracting Party shall be permitted to conduct international air transportation using aircraft owned(or aircraft and crew) leased from any company, dry leased (aircraft only) or under any ownership titleincluding other airlines, provided only that the operating aircraft meets and crew meet the applicable operating and safety standards and requirements.
11. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the 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.
12. In respect of the allocation and grant of time slots to 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 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 in relation to the grant of slots to the airlines of that Party or is otherwise permitted for a particular foreign international airline(s) such opportunities are extended to the airlines of the other Party.
13. The terms of paragraph 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 1 contract
Samples: Air Services Agreement
Commercial Opportunities. 1. The designated airline(s) airlines of each Party shall have the following rights in the territory of the other Party:
(a) the right to establish offices 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 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 designated airline(s) 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 designated airline(s) 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. The designated airline(s) 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 airline(s) 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.
5. Upon operating or offering the agreed services on the specified Routes in the Annex, the designated airline(s(a) 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 – sharingshare, blocked space or other cooperative marketing agreements with;
(a) a designated airline(s) arrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party; orParty and of third parties. Subject to 5 (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) one or more designated airline(s) Unless otherwise mutually determined by the aeronautical authorities of the other Parties, the volume of capacity or service frequencies which may be held out and sold by the airlines of each Party; or, when code sharing as the marketing airline, shall not be subject to limitations under this Agreement.
(c) The aeronautical authority of one or more airline(s) of a third country.
6. With respect to subparagraph 5(c) neither of the Parties shall, Party shall not withhold code sharing permission for the code-sharing services to be effectively operated by the designated airline(s) an airline of the other 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 Party to be offered by the designated airline(s) by the United Mexican States on code-market code share services on flights operated by an airline(s) airlines of Australia, third parties on the United Mexican States and/or of any basis that the third country. There shall be no limit imposed by Party airlines concerned do not have the Aeronautical Authorities right from the first Party to carry traffic under the code of the United Mexican States on the 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 countrymarketing airline.
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 marketing airlines offering their services on a code-sharing basis, shall guarantee that the passengers be informed at the point of the sale, the airlines that shall operate each leg of the route;
(d) as marketing The airlines exercise third and fourth freedom traffic rights and of each Party may exercise own international or domestic stop–over rights at any point;
(e) 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.
(fe) ensure that The airlines of each Party shall, when holding out international air transportation for sale, make it clear to the designated airline(s) purchaser at the point of sale which airline will be the operating airline on each sector of the Party journey and with which airline or airlines the purchaser is 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 Partya contractual relationship.
96. The designated airline(s) 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 a designated airline(s) 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.
107. The designated airline(s) airlines of each Party shall be permitted to conduct international air transportation using aircraft owned(or aircraft and crew) leased from any company, dry leased (aircraft only) or under any ownership titleincluding other airlines, provided only that the operating aircraft meets and crew meet the applicable operating and safety standards and requirements.
118. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the designated airline(s) airlines 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.
129. In respect of the allocation and grant of time slots to designated airline(s) 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 designated airline(s) 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(s) airline or airlines, such opportunities are extended to the airlines of the other Party.
1310. The terms of paragraph 12 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
Samples: Air Services Agreement
Commercial Opportunities. 1. The designated airline(s) airlines of each Party shall have the following rights in the territory of the other Party:
(a) the right to establish offices 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 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 designated airline(s) 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 designated airline(s) 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. The designated airline(s) 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 airline(s) 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.
5. Upon (a) In operating or offering the agreed services on the specified Routes in the Annex, holding out international air transportation the designated airline(s) airlines of each Party acting as operating airlines shall have the right, over all or offering any part of their services as marketing airlinesroute in Annex 1, by placing their code on flights operated by other airlines, may Section 1 to enter into code-sharingcode share, blocked space or other cooperative marketing agreementsarrangements, as the marketing and/or operating airline, with any other airline, including airlines of the same Party and of third parties. In operating Subject to 5 (c) of this Article, the designated airlines participating in such arrangements must hold the appropriate authority or holding out authorities to conduct international air transportationtransportation 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 Party, when code sharing as the marketing airline, shall have the right over any part of their Route in the Annex not be subject to enter into code – sharing, blocked space or other marketing agreements with;
(a) a designated airline(s) of the same Party; or
(b) one or more designated airline(s) of the other Party; orlimitations under this Agreement.
(c) one or more airline(s) The absence of an understanding between either Party and a third country.
6. With respect country relating to subparagraph 5(c) neither third country code share arrangements shall not preclude the exercise of the Parties shall, for the code-sharing services to be effectively operated this entitlement by the designated airline(s) airlines of the other either 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 be offered by the designated airline(s) by the United Mexican States on code-share services on flights operated by an airline(s) of Australia, the United Mexican States and/or of any third country. There shall be no limit imposed by the Aeronautical Authorities of the United Mexican States on the 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 marketing airlines offering their services on a code-sharing basis, shall guarantee that the passengers be informed at the point of the sale, the airlines that shall operate each leg of the route;
(d) as marketing The airlines exercise third and fourth freedom traffic rights and of each Party may exercise own international or domestic stop–over rights at any point;
(e) 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.
(fe) 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.
9. The designated airline(s) airlines of each Party shall have shall, when holding out international air transportation for sale, make it clear to the right to perform their own ground-handling in purchaser at the territory point of sale which airline will be the operating airline on each sector of the other Party, journey and with which airline or contract with airlines the purchaser is entering into 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 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 airlinescontractual relationship.
106. The designated airline(s) airlines of each Party shall be permitted to conduct international air transportation using aircraft owned(or aircraft and crew) leased from any company, dry leased (aircraft only) or under any ownership titleincluding other airlines, provided only that the operating aircraft meets and crew meet the applicable operating and safety standards and requirements.
117. The Parties recognise that to give effect to the rights and entitlements embodied in the Agreement the designated airline(s) airlines 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.
128. In respect of the allocation and grant of time slots (slots) to designated airline(s) 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 designated airline(s) 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(s) airline or airlines, such opportunities are extended to the airlines of the other Party.
13. The terms of paragraph 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 1 contract
Samples: Air Services Agreement
Commercial Opportunities. (1. ) The designated airline(s) 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) to establish offices for the promotion, sale and management The airlines of air transportation;
(b) 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) to use the services and personnel of any organisation, company or designated airline operating in the territory of the other Partyeach Party shall be entitled, in accordance with the laws and regulations of the other Party where the services operate.
2. In accordance with the laws and regulations relating to entry, residence residence, and employment of the other Partyemployment, the 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 operational, and other specialist staff which the airline reasonably considers necessary required for the provision of air transportationtransport.
(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 designated airline(s) 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. The designated airline(s.
(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 designated airline(s) 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.
5. Upon operating or offering the agreed services on the specified Routes in the Annex, the designated airline(s(7) 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 transportationtransport pursuant to this Agreement, any designated airline may enter into cooperative arrangements, including but not limited to code-sharing, with any other airline, including airlines of third countries, provided that all airlines in such arrangements hold the appropriate authority and meet the requirements normally applied to such arrangements.
(8) In addition to the rights granted in paragraph (7) of this Article, the designated airlines of each Party shall have may, in operating or holding out international air transport pursuant to this Agreement, use aircraft (or aircraft and crew) leased from any company, including other airlines, provided all participants in such arrangements hold the right over any part of their Route in appropriate authority and meet the Annex requirements applied to enter into code – sharing, blocked space or other marketing agreements with;such arrangements.
(a9) a Each designated airline(s) of the same Party; or
(b) one or more designated airline(s) of the other Party; or
(c) 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 designated airline(s) of the other 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 be offered by the designated airline(s) by the United Mexican States on code-share services on flights operated by an airline(s) of Australia, the United Mexican States and/or of any third country. There shall be no limit imposed by the Aeronautical Authorities of the United Mexican States on the 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 marketing airlines offering their services on a code-sharing basis, shall guarantee that the passengers be informed at the point of the sale, the airlines that shall operate each leg of the route;
(d) as marketing airlines exercise third and fourth freedom traffic rights and may exercise own international or domestic stop–over rights at any point;
(e) 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) 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.
9. The designated airline(s) of each Party airline shall have the right to perform their its 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 groundParty ("self-handling") or, at its option, select among competing agents 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 The rights shall be subject only to restrictions physical constraints resulting from considerations of airport safety. Where such considerations preclude a designated airline(s) from performing its own self- handling, ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available on an equal basis to that airline on a basis all airlines, and shall be comparable to the kind and quality of equality with all other airlinesservices which would be available if self-handling were possible.
(10. The designated airline(s) Notwithstanding any other provision of each Party this Agreement, airlines and indirect providers of cargo transport of the Parties shall be permitted permitted, without restriction, to conduct employ in connection with international air transportation using aircraft ownedtransport any surface transport for cargo to or from any points in the territories of the Parties or in third countries, dry leased (aircraft only) 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 under any ownership titleby air. Airlines may elect to perform their own surface transport or to provide it through arrangements with other 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 only that the operating aircraft meets the applicable operating and safety standards and requirements.
11. The Parties recognise that to give effect shippers are not misled as to the rights and entitlements embodied in the Agreement the 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 operatefacts concerning such transport.
12. In respect of the allocation and grant of time slots to 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 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 in relation to the grant of slots to the airlines of that Party or is otherwise permitted for a particular foreign international airline(s) such opportunities are extended to the airlines of the other Party.
13. The terms of paragraph 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 1 contract
Samples: Air Services Agreement
Commercial Opportunities. (1. ) The designated airline(s) airlines of each Contracting Party shall have the following rights in the territory of the other Contracting Party:
(a) the right to establish offices 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 designated airline operating in the territory of the other Contracting 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 Contracting Party, the designated airline(s) 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 designated airline(s) 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. The designated airline(s) 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 designated airline(s) 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.
5. Upon (a) In operating or offering holding out international air transportation the agreed services on airlines of each Contracting Party shall have the specified Routes right, over all or any part of their routes in the Annex, the designated airline(sArticle 3(2) 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 this Agreement to enter into code-sharingcode share, blocked space or other cooperative marketing agreementsarrangements, 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. In operating Subject to sub-paragraph (5)(c) of this Article, the airlines participating in such arrangements must hold the appropriate authority or holding out authorities to conduct international air transportationtransportation 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 Party Contracting Party, when code sharing as the marketing airline, shall have the right over any part of their Route in the Annex not be subject to enter into code – sharing, blocked space or other marketing agreements with;
(a) a designated airline(s) of the same Party; or
(b) one or more designated airline(s) of the other Party; orlimitations under this Agreement.
(c) For the avoidance of doubt, the aeronautical authority of one or more airline(s) of a third country.
6. With respect to subparagraph 5(c) neither of the Parties shall, Contracting Party shall not withhold code sharing permission for the code-sharing services to be effectively operated by the designated airline(s) an airline of the other 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 Contracting Party to be offered by the designated airline(s) by the United Mexican States on code-market code share services on flights operated by an airline(s) airlines of Australia, third parties on the United Mexican States and/or of any basis that the third country. There shall be no limit imposed by party airlines concerned do not have the Aeronautical Authorities right from the first Contracting Party to carry traffic under the code of the United Mexican States on the 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 countrymarketing airline.
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 marketing airlines offering their services on a code-sharing basis, shall guarantee that the passengers be informed at the point of the sale, the airlines that shall operate each leg of the route;
(d) as marketing The airlines exercise third and fourth freedom traffic rights and of each Contracting Party may exercise own international or domestic stop–over rights at any point;
(e) be able to 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; and.
(fe) ensure that The airlines of each Contracting Party shall, when holding out international air transportation for sale, make it clear to the designated airline(s) purchaser at the point of sale which airline will be the operating airline on each sector of the Party journey and with which airline or airlines the purchaser is entering into code-sharing agreements shall submit for a contractual relationship.
(a) Subject to the consideration oflaws and regulations of each Contracting Party including, and, if applicable, for in the approval case of the Aeronautical Authorities of the other Party the schedules and timetablesUnited Kingdom, to meet the respective requirements of European Community law, each Party.
9. The designated airline(s) of each Party 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 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.
10. (7) The designated airline(s) airlines of each Contracting Party shall be permitted to conduct international air transportation using aircraft owned(or aircraft and crew) leased from any company, dry leased (aircraft only) or under any ownership titleincluding other airlines, provided only that the operating aircraft meets and crew meet the applicable operating and safety standards and requirements.
11(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 designated airlines of each Contracting Party shall be permitted to employ, in connection with air transport, any intermodal transport to or from any points in the territories of the Contracting Parties or third countries. The Parties recognise Airlines may elect to perform their own intermodal transport or to provide it through arrangements, including code share, with other carriers. Such intermodal services may be offered as a through service and at a single price for the air and intermodal transport combined, provided that to give effect passengers and shippers are informed as to the rights and entitlements embodied in the Agreement the designated airline(s) of each Party must have the opportunity to access airports in the territory providers of the other Party on a non-discriminatory basis, in accordance with the laws and regulations of the Party where the services operatetransport involved.
12. In respect of the allocation and grant of time slots to 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 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 in relation to the grant of slots to the airlines of that Party or is otherwise permitted for a particular foreign international airline(s) such opportunities are extended to the airlines of the other Party.
13. The terms of paragraph 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 1 contract
Samples: Agreement Concerning Air Services
