Common use of Tariffs Clause in Contracts

Tariffs. (1) The tariffs applicable to the agreed services on the specified route shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation, reasonable profits, characteristics of service (such as speed and standard of accommodation) and tariffs applicable to the services of other airlines on any section of the specified routes. (2) The tariffs referred to in paragraph (1) of this Article shall be agreed upon between the designated airlines of both Contracting Parties, in consultation when necessary and possible with other airlines operating over the same route or section of the route. The tariffs so agreed shall be submitted to their respective aeronautical authorities at least sixty days prior to the proposed date of introduction of these tariffs and become effective after their approval by the aeronautical authorities of both Contracting Parties. If no dissatisfaction of the tariff is notified by the aeronautical authorities of either Contracting Party to the aeronautical authorities of the other Contracting Party thirty days from the date of its submission, the tariff shall be deemed as approved. (3) If the designated airlines of the Contracting Parties fail to agree on the tariffs, the aeronautical authorities of the Contracting Parties shall determine the tariffs through consultation. (4) If the aeronautical authorities of the Contracting Parties fail to agree on the approval of any tariff submitted to them under paragraph (2) of this Article or on the determination of any tariff under paragraph (3) of this Article, the matter shall be referred to the Contracting Parties for settlement in accordance with the provisions of Article 18 and 19 of this Agreement. (5) Pending determination of a new tariff in accordance with the provisions of this Article, the tariffs already in force shall prevail. (6) The aeronautical authorities of each Contracting Party shall ensure that the tariffs charged to and from its territory shall strictly be the ones agreed upon and approved in accordance with the provisions of this Article.

Appears in 2 contracts

Samples: Air Services Agreement, Air Services Agreement

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Tariffs. (1) . The tariffs applicable to be charged by the agreed services on designated airline of one Contracting Party for carriage of traffic between the specified route territories of the two Contracting Parties shall be established at reasonable levels, due regard being paid to all relevant factors factors, including cost of operation, reasonable profits, characteristics of service (such as speed and standard of accommodation) profit and tariffs applicable to the services of other airlines on any section of the specified routesairlines. (2) . The tariffs referred to in paragraph (1) 1 of this Article Article, shall be agreed upon between the designated airlines of both Contracting Parties, in after consultation when necessary and possible with other airlines operating over the same route whole or section part of the route. 3. The tariffs so agreed shall be submitted to their respective aeronautical authorities at least sixty days prior to for the proposed date approval of introduction of these tariffs and become effective after their approval by the aeronautical authorities of both Contracting PartiesParties at least 45 days before the proposed date of their introduction. In special cases, this period may be reduced, subject to the agreement of the said authorities. 4. The approval may be given expressly. If no dissatisfaction neither of the tariff is notified by the aeronautical authorities has expressed disapproval within 30 days from the date of either Contracting Party to submission, in accordance with paragraph 3 of this Article, these tariffs shall be considered approved. In the event of the period for submission being reduced, as provided for in paragraph 3, the aeronautical authorities may agree that the period within which any disapproval must be notified shall be less than 30 days. 5. If a tariff cannot be agreed in accordance with the provisions of paragraph 2 of this Article, or if during the period applicable in accordance with paragraph 4 of this Article, one aeronautical authority gives the other aeronautical authority notice of its disapproval of any tariff agreed upon in accordance with the provisions of paragraph 2 the aeronautical authorities of the other Contracting Party thirty days from the date of its submission, the tariff shall be deemed as approved. (3) If the designated airlines of the Contracting Parties fail to agree on the tariffs, the aeronautical authorities of the two Contracting Parties shall endeavour to determine the tariffs through consultationtariff by mutual agreement. (4) 6. If the aeronautical authorities of the Contracting Parties fail to cannot agree on the approval of any tariff submitted to them under in accordance with paragraph (2) 3 of this Article Article, or on the determination of any tariff under as specified in paragraph (3) 5 of this Article, the matter dispute shall be referred to the Contracting Parties for settlement settled in accordance with the provisions of Article 18 and 19 XVIII of this Agreement. (5) Pending determination of a new 7. A tariff established in accordance with the provisions of this Article, the tariffs already Article shall remain in force until a new tariff has been established. Nevertheless, a tariff shall prevail. (6) The aeronautical authorities of each Contracting Party shall ensure that the tariffs charged to and from its territory shall strictly not be the ones agreed upon and approved in accordance with the provisions prolonged by virtue of this Articleparagraph for more than 12 months after the date on which it otherwise would have expired.

Appears in 2 contracts

Samples: Civil Air Transport Agreement, Civil Air Transport Agreement

Tariffs. (1) . The tariffs applicable to be charged by the designated airline(s) of one Contracting Party for carriage to or from the territory of the other Contracting Party while operating the agreed services on the specified route shall be established at reasonable levels, levels with due regard being paid to all relevant factors factors, including cost of operation, reasonable profits, characteristics of service (such as speed profit and standard of accommodation) and the tariffs applicable to the services of other airlines on any section of the specified routesairlines. (2) . The tariffs referred to in paragraph (1) 1 of this Article shall the present Article, shall, wherever possible, be agreed upon between by the designated airlines of both Contracting PartiesParties and such agreement shall, in consultation when necessary and possible with other airlines operating over wherever possible, be reached by following the same route or section procedures of the routeInternational Air Transport Association for the calculation of tariffs. 3. The tariffs so agreed shall be submitted to their respective aeronautical authorities at least sixty days prior to submitted, for the proposed date approval of introduction of these tariffs and become effective after their approval by the aeronautical authorities of both Contracting Parties, at least sixty (60) days before the proposed date of their introduction (hereinafter referred to as the "period of notice"). In special cases, the period of notice may be reduced, subject to the agreement of the said authorities. 4. The approval referred to in paragraph 3 of the present Article may be given expressly. If no dissatisfaction neither of the tariff is notified by the aeronautical authorities of either Contracting Party to the aeronautical authorities has expressed disapproval of the other Contracting Party tariffs within thirty (30) days from the date of its submissionsubmission in accordance with paragraph 3, the tariff tariffs shall be deemed considered as approved. (3) If . In the designated airlines event of the Contracting Parties fail to agree on the tariffsperiod of notice being reduced as provided for in paragraph 3, the aeronautical authorities of the both Contracting Parties may agree that the period within which any disapproval must be notified shall determine the tariffs through consultationbe less than thirty (30) days. (4) 5. If the aeronautical authorities of the both Contracting Parties fail to cannot agree on the approval of any tariff submitted to them under paragraph (2) of this Article 3 or on the determination of any tariff under paragraph (3) of this Article, the matter 4,the dispute shall be referred to the Contracting Parties for settlement settled in accordance with the provisions of Article 18 and 19 20 (Settlement of Disputes) of this Agreement. 6. A tariff established in accordance with the provisions of this Article shall remain in force until a new tariff has been established. Nevertheless, a tariff shall not be prolonged by virtue of the present paragraph: a) where such tariff has a terminal date, for more than twelve (512) Pending determination months after that date and; b) where such tariff has no terminal date, for more than twelve (12) months after the date on which the designated airline(s) of one Contracting Party, in writing to the aeronautical authorities of the Contracting Parties, proposes a new tariff in accordance with the provisions of this Article, the tariffs already in force shall prevailAgreement. (6) The aeronautical authorities of each 7. Each Contracting Party shall ensure that all the tariffs charged airlines operating services to and or from its territory shall respect strictly be the ones agreed upon and tariffs approved in accordance with the provisions of this the present Article.

Appears in 2 contracts

Samples: Agreement Relating to Civil Air Transport, Agreement Relating to Civil Air Transport

Tariffs. (1) . The tariffs applicable to be charged by the agreed services on airline of one Contracting Party for carriage to or from the specified route territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors factors, including cost of operation, reasonable profits, characteristics of service (such as speed and standard of accommodation) service, reasonable profit and tariffs applicable to the services of other airlines on any section of the specified routesother airlines. (2) . The tariffs referred to in paragraph (1) of this Article shall be agreed upon between the designated airlines of both Contracting Parties, in consultation when necessary and possible with other airlines operating over the same route whole or section part of the that route. 3. The tariffs so agreed shall be subject to the approval of the aeronautical authorities of both Contracting Parties and shall be submitted to their the respective aeronautical authorities at least sixty 60 days prior to the proposed date of introduction of these tariffs and become effective after their approval by tariffs. This period can be reduced in certain cases upon agreement between the aeronautical authorities of both Contracting Parties. If no dissatisfaction of the tariff is notified by the aeronautical authorities of either Contracting Party to the aeronautical authorities of the other Contracting Party thirty days from the date of its submission, the tariff shall be deemed as approvedsaid authorities. (3) 4. If the designated airlines of the Contracting Parties fail to cannot agree on the any of these tariffs, the aeronautical authorities of the Contracting Parties shall try to determine the tariffs through consultationby agreement between themselves. (4) 5. If the aeronautical authorities of the Contracting Parties fail to cannot agree on the approval of any tariff submitted to them under paragraph (2) 3 of this Article or on the determination of any tariff under paragraph (3) of this ArticleParagraph 4, the matter shall be referred to the Contracting Parties for settlement in accordance with the provisions of Article 18 and 19 15 of this Agreement. (5) 6. Pending the determination of a the new tariff in accordance with the provisions provision of this Article, the tariffs already in force shall prevail. (6) The aeronautical authorities of each Contracting Party . Nevertheless, a tariff shall ensure that the tariffs charged to and from its territory shall strictly not be the ones agreed upon and approved in accordance with the provisions prolonged by virtue of this Articleparagraph for more than 12 months after the date on which it otherwise would have expired.

Appears in 2 contracts

Samples: Air Transport Agreement, Air Transport Agreement

Tariffs. (1) . The tariffs applicable to be applied by the agreed designated airline(s) of a Contracting Party for services on the specified route covered by this Agreement shall be established at reasonable levels, due regard being paid to all relevant factors factors, including interests of users, cost of operation, reasonable profits, characteristics of service (such as speed and standard of accommodation) and service, commission rates, reasonable profit, tariffs applicable to the services of other airlines on any section of the specified routesother airlines, and other commercial considerations in the market-place. (2) . The tariffs referred to in paragraph (1) 1 of this Article shall shall, wherever possible, be agreed upon between by the designated airlines of both Contracting Parties, in consultation consultation, when necessary and possible possible, with other airlines airline(s) operating over the same route or section section, and such agreement may be reached by the use of the routeappropriate international tariff coordination mechanism. 3. The tariffs so agreed shall be submitted subject to their respective the approval of the aeronautical authorities of the Contracting Parties at least sixty (60) days prior to before the proposed date of introduction their introduction. In individual cases this period may be reduced, subject to the agreement of these the said authorities. The tariffs and shall become effective after their approval by the aeronautical authorities of both the Contracting Parties. 4. If no dissatisfaction a tariff cannot be agreed in accordance with paragraph 2 of the tariff is notified by the aeronautical authorities of either Contracting Party to the aeronautical authorities of the other Contracting Party thirty days from the date of its submission, the tariff shall be deemed as approved. (3) If the designated airlines of the Contracting Parties fail to agree on the tariffsthis Article, the aeronautical authorities of the Contracting Parties shall endeavor to determine the tariffs through consultationtariff by mutual agreement. (4) 5. If the aeronautical authorities of the Contracting Parties fail to cannot agree on the approval of any tariff submitted to them under paragraph (2) 3 of this Article Article, or on the determination of any tariff under paragraph (3) 4 of this Article, the matter dispute shall be referred to the Contracting Parties for settlement settled in accordance with the provisions of Article 18 and 19 17 of this Agreement. (5) Pending determination of a new 6. A tariff established in accordance with the provisions of this Article, the tariffs already Article shall remain in force shall prevail. (6) until a new tariff has been approved. The applicability of the tariff concerned may be extended beyond the original expiry date with the approval of the aeronautical authorities of each the Contracting Party Parties. However, a tariff shall ensure that the tariffs charged to and from its territory shall strictly not be the ones agreed upon and approved in accordance with the provisions prolonged by virtue of this Articleparagraph for more than twelve (t2) months after the date on which it would otherwise have expired.

Appears in 1 contract

Samples: Air Services Agreement

Tariffs. (1) The tariffs applicable to be charged by the agreed services on designated airlines of the specified route Contracting Parties for carriage between Hong Kong and France shall be those approved by both aeronautical authorities and shall be established at reasonable levels, due regard being paid had to all relevant factors factors, including the cost of operationoperating the agreed services, the interests of users, reasonable profits, characteristics of service (such as speed profit and standard of accommodation) and the tariffs applicable to the services of other airlines on any section of the specified routesother airline(s) operating over the whole or part of the same route. (2) The tariffs referred to in paragraph (1) of this Article shall may be agreed upon between by the designated airlines seeking approval of both Contracting Partiesthe tariff, in after consultation when necessary and possible with other airlines operating over the same route whole or section part of the same route. The tariffs so agreed However, a designated airline shall not be precluded from proposing, nor the aeronautical authorities from approving, any tariff, if that airline shall have failed to obtain the agreement of the other designated airlines to such as tariff, or because no other designated airline is operating on the same route. References in this and the preceding paragraph to “the same route” are to the route operated, not the specified route. (3) Any proposed tariff for carriage between Hong Kong and France shall be submitted to their respective aeronautical authorities at least sixty days prior to the proposed date of introduction of these tariffs and become effective after their approval by filed with the aeronautical authorities of both Contracting PartiesParties in such form as the aeronautical authorities may separately require to disclose the particulars set out in Article 1(g). If no dissatisfaction It shall be filed not less than 60 days (or such shorter period as the aeronautical authorities may agree) before the proposed effective date. The proposed tariff shall be treated as having been filed with a Contracting Party on the date on which it is received by the aeronautical authorities of the that Contracting Party. (4) Any proposed tariff is notified may be approved by the aeronautical authorities of either Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) of this Article, shall be deemed to have been approved by the aeronautical authorities unless, within 30 days (or such shorter period as the aeronautical authorities of both Contracting Parties may agree) after the date of filing, the aeronautical of either Contracting Party have served on the aeronautical authorities of the other Contracting Party thirty days from written notice of disapproval of the date of its submission, the tariff shall be deemed as approvedproposed tariff. (35) If a notice of disapproval is given in accordance with the designated airlines provisions of the Contracting Parties fail to agree on the tariffsparagraph (4) of this Article, the aeronautical authorities of the Contracting two contracting Parties shall may determine the tariffs through consultation. (4) If the aeronautical authorities tariff by mutual agreement. Either Contracting Party may, within 30 days of the Contracting Parties fail to agree on service of the approval notice of any tariff submitted to them under paragraph (2) of this Article or on the determination of any tariff under paragraph (3) of this Articledisapproval, the matter request consultations which shall be referred to held within 30 days of the Contracting Parties for settlement in accordance with the provisions of Article 18 and 19 of this Agreement. (5) Pending determination of a new tariff in accordance with the provisions of this Article, the tariffs already in force shall prevailrequest. (6) The If a tariff has been disapproved by one of the aeronautical authorities of each Contracting Party shall ensure that the tariffs charged to and from its territory shall strictly be the ones agreed upon and approved in accordance with the provisions of this Article.paragraph

Appears in 1 contract

Samples: Air Services Agreement

Tariffs. (1) The tariffs applicable to between the agreed services on territories of the specified route two Contracting Parties shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation, reasonable profitsprofit, characteristics of service (such as speed and standard of accommodation) and tariffs applicable to the services of other airlines on any section of the specified routes). (2) The tariffs referred to in paragraph (1) of this Article shall be agreed upon between the designated airlines of both Contracting Parties, in consultation when necessary and possible with other airlines operating over the same route whole or section part of the same route. The tariffs so agreed shall be submitted to their respective aeronautical authorities at least Least sixty days prior to the proposed date of introduction of these tariffs and become effective after their approval by the aeronautical authorities of both Contracting Parties. If no dissatisfaction of the tariff is notified by the aeronautical authorities of either Contracting Party does not approve the tariff so submitted, it shall give notice of its disapproval to the aeronautical authorities of the other Contracting Party thirty days from before the proposed date of 'for its submission, the tariff shall be deemed as approvedintroduction. (3) If the designated airlines of the Contracting Parties fail to cannot agree on the any these tariffs, the aeronautical authorities of the Contracting Parties shall try to determine the tariffs through consultation. (4) If the aeronautical authorities of the Contracting Parties fail to cannot agree on the approval of any tariff submitted to them under paragraph (2) of this Article or on the determination of any tariff under paragraph (3) of this Article, the matter shall be referred to the Contracting Parties for settlement in accordance with the provisions of Article 18 and 19 of this Agreement. (5) Pending determination of a new tariff in accordance with the provisions of this Article, the tariffs already in force shall prevail. Nevertheless, the term of the validity of any tariff shall not be extended over a period longer than twelve months from the intended date of its expiration. (6) The aeronautical authorities of each Contracting Party shall ensure that the tariffs charged to and from its territory shall strictly be the ones agreed upon and approved in accordance with the provisions of this Article.

Appears in 1 contract

Samples: Civil Air Transport Agreement

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Tariffs. (1) . The Contracting Parties shall allow that a tariff on one of the routes as specified in the annex shall be established by each of the designated airlines, if possible after consultation between those airlines. 2. The tariffs applicable to the for carriage on agreed services on to and from the specified route territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation, reasonable profitsprofit, characteristics of service (such as speed and standard service, the interest of accommodation) and users and, where it is deemed suitable, the tariffs applicable to the services of other airlines on any section over all or part of the specified routessame route. (2) The tariffs referred to in paragraph (1) of this Article shall be agreed upon between the designated airlines of both Contracting Parties, in consultation when necessary and possible with other airlines operating over the same route or section of the route3. The tariffs so agreed shall be submitted to their respective aeronautical authorities at least sixty days prior to the proposed date of introduction of these tariffs and become effective after their approval received by the aeronautical authorities of both the Contracting PartiesParties at least forty-five (45) days before the proposed date of their introduction; in special cases, a shorter period may be accepted by the aeronautical authorities. If no dissatisfaction within thirty (30) days from the date of the tariff is notified by receipt, the aeronautical authorities of either one Contracting Party to have not notified the aeronautical authorities of the other Contracting Party thirty days from that they are dissatisfied with the date of its submissiontariff submitted to them, the such tariff shall be deemed as approvedconsidered to be acceptable and shall come into effect on the date staled in the proposed tariff. In the event that a shorter period for the submission of a tariff is accepted by the aeronautical authorities, they may also agree that the period for giving notice of dissatisfaction be less than thirty (30) days. (3) 4. If the designated airlines a notice of the Contracting Parties fail to agree on the tariffsdissatisfaction has been filed in accordance with paragraph 3 of this article, the aeronautical aeronautcial authorities of the Contracting Parties shall hold consultations in accordance with Article 17 of this Agreement and endeavour to determine the tariffs through consultationtariff by agreement between themselves. (4) 5. If the aeronautical authorities of the Contracting Parties fail to cannot agree on the approval of any tariff submitted to them under paragraph (2) 3 of this Article article or on the determination of any tariff under paragraph (3) 4 of this Articlearticle, the matter dispute shall be referred to the Contracting Parties for settlement settled in accordance with the provisions of Article article 18 and 19 of this Agreement. 6. If the aeronautical authorities of one of the Contracting Parties become dissatisfied with an established tariff, they shall so notify the aeronautical authorities of the other Contracting Party and the designated airlines shall attempt, where required, to reach an agreement. If within the period of ninety (590) Pending determination days from the date of receipt of a notice of dissatisfaction, a new tariff cannot be established, the procedures as set out in paragraphs 4 and 5 of this article shall apply. 7. When tariffs have been established in accordance with the provisions of this Articlearticle, the those tariffs already shall remain in force shall prevail. (6) The aeronautical authorities of each Contracting Party shall ensure that the until new tariffs charged to and from its territory shall strictly be the ones agreed upon and approved have been established in accordance with the provisions of this Articlearticle or article 18 of this Agreement 8. No tariff shall come into force if the aeronautical authorities of either Contracting Party are dissatisfied with it except under the provision of paragraph 4 of article 18 of this Agreement. 9. The aeronautical authorities of both Contracting Parties shall endeavour to ensure that the tariffs charged and collected conform to the tariffs approved by them and are not subject to rebates.

Appears in 1 contract

Samples: Air Transport Agreement

Tariffs. (1) . The tariffs applicable to the on any agreed services on the specified route service shall be established at reasonable levels, due regard being paid to all relevant factors factors, including cost of operation, reasonable profitsprofit, characteristics characteris tics of service (such as standards of speed and standard accommodation), the interests of accommodation) users and the tariffs applicable to the services of other airlines on for any section part of the specified routesroute. These tariffs shall be fixed in accordance with the following provisions of this Article. (2) . The tariffs referred to in paragraph (1) 1 of this Article shall may be agreed upon between the designated airlines concerned in respect of both Contracting Parties, in consultation when necessary and possible with other airlines operating over the same route or section each of the routespecified routes. The tariffs so agreed However, such agreement shall not be a mandatory requirement for the filing and establishment of tariffs. 3. Each tariff shall be submitted to their respective aeronautical authorities at least sixty days prior to filed for the proposed date approval of introduction of these tariffs and become effective after their approval by the aeronautical authorities of both Contracting PartiesParties at least thirty (30) days (or such shorter period as the aeronautical authorities of both Contracting Parties may agree) before the proposed date of its introduction. 4. If no dissatisfaction of the Each proposed tariff is notified may be approved by the aeronautical authorities of either Contracting Party to at any time. In the absence of such approval it will be treated as having been approved by the aeronautical authorities of a Contracting Party unless within twenty (20) days after the date of filing the aeronautical authorities of that Contracting Party have served on the aeronautical authorities of the other Contracting Party thirty days from the date written notice of its submission, the tariff shall be deemed as approved. (3) If the designated airlines disapproval of the Contracting Parties fail to agree on the tariffsproposed tariff. If, however , either of the aeronautical authorities gives such written notice of disapproval the Contracting Parties shall aeronautical authorities may at the request of either try to determine the tariffs through consultationtariff by agreement. (4) 5. If the aeronautical authorities cannot determine a tariff under the pro visions of the Contracting Parties fail to agree on the approval of any tariff submitted to them under paragraph (2) 4 of this Article or on the determination dispute may at the request of any tariff under paragraph (3) of this Article, the matter shall either be referred to the Contracting Parties for settlement settled in accordance with the provisions of Article 18 and 19 17 of this Agreement. (5) Pending determination 6. Each tariff established in accordance with the provisions of this Article shall remain in force until it has been replaced by a new tariff determined in accordance with the provisions of this Article, . Unless otherwise agreed by the tariffs already in force shall prevail. (6) The aeronautical authorities of each both Contracting Party Parties a tariff shall ensure that the tariffs charged to and from not have its territory shall strictly be the ones agreed upon and approved in accordance with the provisions validity extended by virtue of this Articlepa ragraph for more than twelve (12) months after the date on which it would otherwise have expired.

Appears in 1 contract

Samples: Air Services Agreement

Tariffs. (1) . The Contracting Parties shall allow that tariffs on the routes as specified in the Annex shall be established by each of the designated airlines, if possible after consultation between those airlines. 2. The tariffs applicable to the for carriage on agreed services on to and from the specified route territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation, reasonable profitsprofit, characteristics of service (such as speed and standard service, the interest of accommodation) and users and, where it is deemed suitable, the tariffs applicable to the services of other airlines on any section over all or part of the specified routessame route. (2) The tariffs referred to in paragraph (1) of this Article shall be agreed upon between the designated airlines of both Contracting Parties, in consultation when necessary and possible with other airlines operating over the same route or section of the route3. The tariffs so agreed shall be submitted to their respective aeronautical authorities at least sixty days prior to the proposed date of introduction of these tariffs and become effective after their for approval by the aeronautical authorities of both Contracting PartiesParties at least forty-five (45) days before the proposed date of their introduction; in special cases, a shorter period may be accepted by the aeronautical authorities. If no dissatisfaction within thirty (30) days from the date of the tariff is notified by receipt, the aeronautical authorities of either one Contracting Party to have not notified the aeronautical authorities of the other Contracting Party thirty days from that they are dissatisfied with the date of its submissiontariff submitted to them, the such tariff shall be deemed as approvedconsidered to be acceptable and shall come into effect on the date stated in the proposed tariff. In the event that a shorter period for the submission of a tariff is accepted by the aeronautical authorities, they may also agree that the period for giving notice of dissatisfaction be less than thirty (30) days. (3) 4. If the designated airlines a notice of the Contracting Parties fail to agree on the tariffsdissatisfaction has been filed in accordance with paragraph 3 of this Article, the aeronautical authorities of the Contracting Parties shall hold consultations in accordance with Article 17 of this Agreement and endeavour to determine the tariffs through consultationtariff by agreement between themselves. (4) 5. If the aeronautical authorities of the Contracting Parties fail to cannot agree on the approval of any tariff submitted to them under paragraph (2) 3 of this Article or on the determination of any tariff under paragraph (3) 4 of this Article, the matter dispute shall be referred to the Contracting Parties for settlement settled in accordance with the provisions of Article 18 and 19 of this Agreement. 6. If the aeronautical authorities of one of the Contracting Parties become dissatisfied with an established tariff, they shall so notify the aeronautical authorities of the other Contracting Party and the designated airlines shall attempt, where required, to reach an agreement. If within the period of ninety (590) Pending determination days from the date of receipt of a notice of dissatisfaction, a new tariff cannot be established, the procedures as set out in paragraphs 4 and 5 of this Article shall apply. 7. When tariffs have been established in accordance with the provisions of this Article, the those tariffs already shall remain in force shall prevail. (6) The aeronautical authorities of each Contracting Party shall ensure that the until new tariffs charged to and from its territory shall strictly be the ones agreed upon and approved have been established in accordance with the provisions of this ArticleArticle or Article 18 of this Agreement. 8. No tariff shall come into force if the aeronautical authorities of either Contracting Party are dissatisfied with it except under the provision of paragraph 4 of Article 18 of this Agreement. 9. The aeronautical authorities of both Contracting Parties shall endeavour to ensure that the tariffs charged and collected conform to the tariffs approved by them and are not subject to rebates.

Appears in 1 contract

Samples: Air Transport Agreement

Tariffs. (1) The tariffs applicable to between the agreed services on territories of the specified route two Contracting Parties shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation, the interests of users, reasonable profitsprofit, characteristics of service (such as speed and standard of accommodation) ), and when it is deemed suitable, the tariffs applicable to the services of other airlines on any section operating over the whole or part of the specified routesroute. (2) The tariffs referred to in paragraph (1) of this Article shall shall, if possible, be agreed upon between the designated airlines of both Contracting Parties, in consultation when necessary and possible with other airlines operating over the same route whole or section part of the same route. However, a designated airline shall not be precluded form submitting any proposed tariff unilaterally. The tariffs so for an agreed service shall be submitted to their respective the aeronautical authorities of both Contracting Parties for approval at least sixty (60) days prior to the proposed date of introduction of these tariffs, unless those aeronautical authorities permit the filing to be made on shorter notice. (3) The tariffs and shall become effective after their approval by the aeronautical authorities of both the Contracting Partiesparties. If no dissatisfaction neither of the tariff is notified by the aeronautical authorities of either Contracting Party to the aeronautical authorities of the other Contracting Party has expressed disapproval within thirty (30) days from the date of its submission, the tariff in accordance with paragraph (2) of this Article, these tariffs shall be deemed considered as approved. (3) If . In the designated airlines even of the Contracting Parties fail to agree on the tariffsperiod for submission being reduced, as provided for in paragraph (2), the aeronautical authorities of the Contracting Parties may agree that the period within which any disapproval must be notified shall determine the tariffs through consultationbe less than thirty (30) days. (4) If a tariff cannot be established in accordance with the provisions of paragraph (3) of this Article, the aeronautical authorities of the two Contracting Parties fail shall try to determine the tariff by mutual agreement. (5) If the aeronautical authorities cannot agree on the approval of any tariff submitted to them under paragraph (2) of this Article or on the determination of any tariff under paragraph (34) of this Article, the matter shall be referred to the Contracting Parties for settlement in accordance with the provisions of Article 18 and 19 of this Agreement. (56) Pending determination of a new tariff in accordance with the provisions of this Article, the tariffs already in force shall prevail. (6) The aeronautical authorities of each Contracting Party shall ensure that the tariffs charged to and from its territory shall strictly be the ones agreed upon and approved in accordance with the provisions of this Article.

Appears in 1 contract

Samples: Agreement Relating to Civil Air Transport

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