Common use of Commercial Opportunities Clause in Contracts

Commercial Opportunities. 1. The airlines of each Party shall have the right to establish offices in the territory of the other Party for the promotion and sale of air transportation and related activities. 2. The airlines of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence, and employment, to bring in and maintain in the ter- ritory of the other Party managerial, sales, technical, operational, and other specialist staff who are required to support the provi- sion of air transportation. (a) Without prejudice to subparagraph (b) below, each air- line shall have in relation to ground handling in the territory of the other Party: (i) the right to perform its own ground-handling (self-handling) or, at its option (ii) the right to select among competing suppliers that provide ground-handling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. (b) The rights under (i) and (ii) in subparagraph (a) above shall be subject only to specific constraints of avail- able space or capacity arising from the need to main- tain safe operation of the airport. Where such constraints preclude self-handling and where there is no effective competition between suppliers that pro- vide ground-handling services, all such services shall be available on both an equal and an adequate basis to all airlines; prices of such services shall not exceed their full cost including a reasonable return on assets, after depreciation. 4. Any airline of each Party may engage in the sale of air trans- portation in the territory of the other Party directly and/or, at the airline’s discretion, through its sales agents or other interme- diaries appointed by the airline. Each airline shall have the right to sell such transportation, and any person shall be free to pur- chase such transportation, in the currency of that territory or in freely convertible currencies. 5. Each airline shall have the right to convert and remit from the territory of the other Party to its home territory and, except where inconsistent with generally applicable law or regulation, the country or countries of its choice, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current trans- actions and remittance on the date the carrier makes the initial application for remittance. 6. The airlines of each Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency. At their discretion, the airlines of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies according to local currency regulation. 7. In operating or holding out services under the Agreement, any airline of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrange- ments, with: (a) any airline or airlines of the Parties; (b) any airline or airlines of a third country; and (c) a surface (land or maritime) transportation provider of any country; provided that (i) all participants in such arrangements hold the appropriate authority and (ii) the arrangements meet the condi- tions prescribed under the laws and regulations normally applied by the Parties to the operation or holding out of international air transportation. 8. The airlines of each Party shall be entitled to enter into franchising or branding arrangements with companies, includ- ing airlines, of either Party or third countries, provided that the airlines hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements. Annex 5 shall apply to such arrangements. 9. The airlines of each Party may enter into arrangements for the provision of aircraft with crew for international air transpor- tation with: (a) any airlines or airlines of the Parties; and (b) any airlines or airlines of a third country; provided that all participants in such arrangements hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements. Neither Party shall require an airline of either Party providing the aircraft to hold traffic rights under this Agreement for the routes on which the aircraft will be operated. 10. Notwithstanding any other provision of this Agreement, airlines and indirect providers of cargo transportation of the Par- ties shall be permitted, without restriction, to employ in connec- tion with international air transportation any surface transportation for cargo to or from any points in the territories of the Parties, or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facili- ties. Airlines may elect to perform their own surface transporta- tion or to provide it through arrangements with other surface carriers, including surface transportation operated by other air- lines and indirect providers of cargo air transportation. Such inter-modal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation.

Commercial Opportunities. Air carrier representatives 1. The airlines air carriers of each Party shall have the right to establish offices in the territory of the other Party for the promotion and sale of air transportation transport and related activities. 2. The airlines air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence, and employment, to bring in and maintain in the ter- ritory territory of the other Party managerial, sales, technical, operational, and other specialist staff who are required to support the provi- sion provision of air transportationtransport. (a) Without prejudice to subparagraph point (b) below, each air- line air carrier shall have in relation to ground handling in the territory of the other Party: (i) the right to perform its own ground-ground handling (‘self-handling) ’); or, at its option (ii) the right to select among competing suppliers that provide ground-ground handling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. (b) The For the following categories of ground handling services, i.e. baggage handling, ramp handling, fuel and oil handling, freight and mail handling as regards the physical handling of freight and mail between the air terminal and the aircraft, the rights under point (ia)(i) and (ii) in subparagraph (a) above shall be subject only to specific physical or operational constraints of avail- able space or capacity arising from according to the need to main- tain safe operation laws and regulations applicable in the territory of the airportother Party. Where such constraints preclude self-handling and where there is no effective competition between suppliers that pro- vide ground-provide ground handling services, all such services shall be available on both an equal and an adequate non discriminatory basis to all airlinesair carriers; prices of such services shall not exceed their full cost including a reasonable return on assets, after depreciation. 4. Any airline air carrier of each Party may engage in the sale of air trans- portation transport in the territory of the other Party directly and/or, at the airlineair carrier’s discretion, through its sales agents or agents, other interme- diaries inter­ mediaries appointed by the airlineair carrier or through internet. Each airline air carrier shall have the right to sell such transportation, and any person shall be free to pur- chase purchase such transportation, transportation in the currency of that territory or in freely convertible currenciescurrencies in accordance with the local currency legislation. 5. Each airline air carrier shall have the right to convert and remit from the territory of the other Party to its home territory and, except where inconsistent with generally applicable law or regulationregu­ lation, to the country or countries of its choice, on demand, local revenues in excess of sums locally disbursedrevenues. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current trans- actions transactions and remittance on the date the carrier makes the initial application for remittance. 6. The airlines air carriers of each Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency. At their discretion, the airlines air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies according to in accordance with local currency regulationlegislation. 7. In operating or holding out services under the this Agreement, any airline air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space agreements or code-code- sharing arrange- mentsarrangements, with: (a) any airline air carrier or airlines carriers of the Parties;; and (b) any airline air carrier or airlines carriers of a third country; and (c) a surface (any surface, land or maritime) transportation provider of any countrymaritime carriers; provided that (i) all participants in such arrangements hold the appropriate authority underlying route authority; and (ii) the arrangements meet the condi- tions prescribed under the laws requirements relating to safety and regulations competition normally applied by the Parties to the operation or holding out of international air transportation. 8. The airlines of each Party shall be entitled to enter into franchising or branding arrangements with companies, includ- ing airlines, of either Party or third countries, provided that the airlines hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements. Annex 5 In respect of passenger transport sold involving code-shares, the purchaser shall apply to such arrangementsbe informed at the point of sale, or in any case before boarding, which transportation providers will operate each sector of the service. 9. The airlines of each Party may enter into arrangements for the provision of aircraft with crew for international air transpor- tation with: (a) In relation to the transport of passengers, surface transportation providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transportation is held out by an air carrier under its own name. Surface transpor­ tation providers have the discretion to decide whether to enter into cooperative arrangements. In deciding on any airlines or airlines of the Parties; andparticular arrangement, surface transportation providers may consider, among other things, consumer interests and technical, economic, space, and capacity constraints. (b) any airlines or airlines of a third country; provided that all participants in such arrangements hold the appropriate authority Moreover, and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements. Neither Party shall require an airline of either Party providing the aircraft to hold traffic rights under this Agreement for the routes on which the aircraft will be operated. 10. Notwithstanding notwithstanding any other provision of this Agreement, airlines air carriers and indirect providers of cargo transportation of the Par- ties Parties shall be permitted, without restriction, to employ in connec- tion connection with international air transportation transport any surface transportation for cargo to or from any points in the territories of Georgia and the PartiesEuropean Union, or in third countries, including transport to and from all airports with customs facilitiesfacil­ ities, and including, where applicable, the right right[s] to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facili- tiesfacilities. Airlines Air carriers may elect to perform their own surface transporta- tion transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other air- lines air carriers and indirect providers of cargo air transportationtransport. Such inter-modal intermodal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation.

Commercial Opportunities. 1. The airlines of each Party shall have the right to establish offices in the territory of the other Party for the promotion and sale of air transportation and related activities. 2. The airlines of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence, and employment, to bring in and maintain in the ter- ritory of the other Party managerial, sales, technical, operational, and other specialist staff who are required arerequired to support the provi- sion of air transportation. (a) Without prejudice to subparagraph (b) below, each air- line shall have in relation to ground handling in the territory of the other Party: (i) the right to perform its own ground-handling (self-handling) or, at its option (ii) the right to select among competing suppliers that suppliersthat provide ground-handling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. (b) The rights under (i) and (ii) in subparagraph (a) above shall be subject only to specific constraints of avail- able space or capacity arising from the need to main- tain safe operation of the airport. Where such constraints preclude self-handling and where there is no effective competition between suppliers that pro- vide ground-handling services, all such services shall be available on both an equal and an adequate basis to all airlines; prices of such services shall not exceed their full cost including a reasonable return reasonablereturn on assets, after depreciation. 4. Any airline Anyairline of each Party may engage in the sale of air trans- portation in the territory of the other Party directly and/or, at the airline’s discretion, through its sales agents or other interme- diaries appointed by the airline. Each airline shall have the right to sell such transportation, and any person shall be free to pur- chase such transportation, in the currency of that territory or in freely convertible currencies. 5. Each airline shall have the right to convert and remit from the territory of the other Party to its home territory and, except where inconsistent with generally applicable law or regulation, the country or countries of its choice, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current trans- actions and remittance on the date the carrier makes the initial application for remittance. 6. The airlines of each Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency. At their discretion, the airlines of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies according to local currency regulation. 7. In operating or holding out services under the Agreement, any airline of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrange- ments, with: (a) any airline or airlines of the Parties; (b) any airline or airlines of a third country; and (c) a surface (land or maritime) transportation provider of any country; provided that (i) all participants in such arrangements hold the appropriate authority and (ii) the arrangements meet the condi- tions prescribed under the laws and regulations normally applied by the Parties to the operation or holding out of international air transportation. 8. The airlines of each Party shall be entitled to enter into franchising or branding arrangements with companies, includ- ing airlines, of either Party or third countries, provided that the airlines hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements. Annex 5 shall apply to such arrangements. 9. The airlines of each Party may enter into arrangements for the provision of aircraft with crew for international air transpor- tation with: (a) any airlines or airlines of the Parties; and (b) any airlines or airlines of a third country; provided that all participants in such arrangements hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements. Neither Party shall require an airline of either Party providing the aircraft to hold traffic rights under this Agreement for the routes on which the aircraft will be operated. 10. Notwithstanding any other provision of this Agreement, airlines and indirect providers of cargo transportation of the Par- ties shall be permitted, without restriction, to employ in connec- tion with international air transportation any surface transportation for cargo to or from any points in the territories of the Parties, or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facili- ties. Airlines may elect to perform their own surface transporta- tion or to provide it through arrangements with other surface carriers, including surface transportation operated by other air- lines and indirect providers of cargo air transportation. Such inter-modal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation.EN

Commercial Opportunities. Air carrier representatives 1. The airlines air carriers of each Party shall have the right to establish offices in the territory of the other Party for the promotion and sale of air transportation transport and related activities. 2. The airlines air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence, and employment, to bring in and maintain in the ter- ritory territory of the other Party managerial, sales, technical, operational, and other specialist staff who are required to support the provi- sion provision of air transportationtransport. (a) Without prejudice to subparagraph point (b) below, each air- line air carrier shall have in relation to ground handling in the territory of the other Party: (i) the right to perform its own ground-ground handling (self-‘self- handling) ’); or, at its option (ii) the right to select among competing suppliers that provide ground-ground handling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. (b) The For the following categories of ground handling services, i.e. baggage handling, ramp handling, fuel and oil handling, freight and mail handling as regards the physical handling of freight and mail between the air terminal and the aircraft, the rights under point (ia)(i) and (ii) in subparagraph (a) above shall be subject only to specific physical or operational constraints of avail- able space or capacity arising from according to the need to main- tain safe operation laws and regulations applicable in the territory of the airportother Party. Where such constraints preclude self-handling and where there is no effective competition between suppliers that pro- vide ground-provide ground handling services, all such services shall be available on both an equal and an adequate non discriminatory basis to all airlinesair carriers; prices of such services shall not exceed their full cost including a reasonable return on assets, after depreciation. 4. Any airline air carrier of each Party may engage in the sale of air trans- portation transport in the territory of the other Party directly and/or, at the airlineair carrier’s discretion, through its sales agents or agents, other interme- diaries intermediaries appointed by the airlineair carrier or through internet. Each airline air carrier shall have the right to sell such transportation, and any person shall be free to pur- chase purchase such transportation, transportation in the currency of that territory or in freely convertible currenciescurrencies in accordance with the local currency legislation. 5. Each airline air carrier shall have the right to convert and remit from the territory of the other Party to its home territory and, except where inconsistent with generally applicable law or regulation, to the country or countries of its choice, on demand, local revenues in excess of sums locally disbursedrevenues. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current trans- actions transactions and remittance on the date the carrier makes the initial application for remittance. 6. The airlines air carriers of each Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency. At their discretion, the airlines air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies according to in accordance with local currency regulationlegislation. 7. In operating or holding out services under the this Agreement, any airline air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space agreements or code-sharing arrange- mentsarrangements, with: (a) any airline air carrier or airlines carriers of the Parties;; and (b) any airline air carrier or airlines carriers of a third country; and (c) a surface (any surface, land or maritime) transportation provider of any countrymaritime carriers; provided that (i) all participants in such arrangements hold the appropriate authority appro­ priate underlying route authority; and (ii) the arrangements meet the condi- tions prescribed under the laws requirements relating to safety and regulations competition normally applied by the Parties to the operation or holding out of international air transportation. 8. The airlines of each Party shall be entitled to enter into franchising or branding arrangements with companies, includ- ing airlines, of either Party or third countries, provided that the airlines hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements. Annex 5 In respect of passenger transport sold involving code-shares, the purchaser shall apply to such arrangementsbe informed at the point of sale, or in any case before boarding, which transportation providers will operate each sector of the service. 9. The airlines of each Party may enter into arrangements for the provision of aircraft with crew for international air transpor- tation with: (a) In relation to the transport of passengers, surface transportation providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transportation is held out by an air carrier under its own name. Surface transportation providers have the discretion to decide whether to enter into cooperative arrangements. In deciding on any airlines or airlines of the Parties; andparticular arrangement, surface transportation providers may consider, among other things, consumer interests and technical, economic, space, and capacity constraints. (b) any airlines or airlines of a third country; provided that all participants in such arrangements hold the appropriate authority Moreover, and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements. Neither Party shall require an airline of either Party providing the aircraft to hold traffic rights under this Agreement for the routes on which the aircraft will be operated. 10. Notwithstanding notwithstanding any other provision of this Agreement, airlines air carriers and indirect providers of cargo transportation trans­ portation of the Par- ties Parties shall be permitted, without restriction, to employ in connec- tion connection with international air transportation transport any surface transportation trans­ portation for cargo to or from any points in the territories of Georgia and the PartiesEuropean Union, or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right right[s] to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facili- tiesfacilities. Airlines Air carriers may elect to perform their own surface transporta- tion transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other air- lines air carriers and indirect providers of cargo air transportationtransport. Such inter-modal intermodal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation.