Art. 12 Luchtvaartverdrag tussen de Regering van het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Federale Regering van Oostenrijk, Commercial opportunities

Luchtvaartverdrag tussen de Regering van het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Federale Regering van Oostenrijk

1. Ground Handling Each designated airline shall have the right to provide its own ground handling services (“self-handling”) in the territory of the other Contracting Party or otherwise to contract these services out (“third party-handling”), in full or in part, at its option, with any of the suppliers authorized for the provision of such services. Where or as long as the laws and regulations applicable to ground handling in the territory of one Contracting Party prevent or limit either the freedom to contract these services out or self-handling, 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. “Self-handling” means a situation in which the airport user directly provides for himself one or more categories of ground handling services and concludes no contract of any description with a third party for the provision of such services; for the purpose of this definition, among themselves airport users shall not be deemed to be third parties where:

a) one holds the majority in the other; or

b) a single body has a majority holding in each.

2. Leasing

a) The airlines of each Contracting Party shall be entitled to provide the agreed services using aircraft with or without crew leased from any airline, including from third states, provided that all participants in such arrangements meet the conditions prescribed under the laws and regulations normally applied by the Contracting Parties to such arrangements;

b) Neither Contracting Party shall require the airlines leasing out their equipment to hold traffic rights under this Agreement;

с) The leasing with crew (wet-leasing) by an airline of Curaçao of an aircraft of an airline of a third state, or by an airline of Austria of an aircraft of an airline of a third state, in order to exploit the rights set out in this Agreement, shall remain exceptional or meet temporary needs. It shall be submitted for prior approval to the licensing authority of the airline which is lessee of the wet-leased aircraft and to the competent authority of the other Contracting Party.

3. Code Share In operating or holding out services under this Agreement, any airline of a Contracting Party may enter into cooperative marketing arrangements, such as blocked-space agreements, code-sharing arrangements with:

a) any airline or airlines of the Contracting Parties;

b) any airline or airlines of a third state; and

c) any surface (land or maritime) transport provider; provided that

(i) the operating airline holds the appropriate traffic rights and

(ii) the marketing airlines hold the appropriate underlying route rights and

(iii) the arrangements meet the requirements relating to safety and competition normally applied to such arrangements. In respect of passenger transport sold involving codeshares, the purchaser shall be informed at the point of sale, or in any case before boarding, which transport providers will operate each sector of the service.