Art. 1 Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Dominicaanse Republiek, Definitions

Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Dominicaanse Republiek

For the purpose of this Agreement, unless otherwise defined, the term:

1) “Aeronautical Authorities” means, in the case of the Dominican Republic, the Civil Aviation Board; in the case of the Kingdom of the Netherlands, in respect of Curaçao, the Minister responsible for Civil Aviation; or, in both cases, any person or body authorized to perform the functions at present exercised by said authorities;

2) “Agreed Services” means Air Services on the specified routes for the carriage of passengers, cargo and mail, separately or in combination;

3) “Agreement” means this Agreement, its Annexes, and any amendments thereto;

4) “Air Service”, “International Air Service”, “Airline” and “stop for non-traffic purposes” shall have the meaning respectively assigned to them in Article 96 of the Convention;

5) “Designated Airline” means an Airline or Airlines designated and authorized in accordance with Article 3 (Designation and Authorization) of this Agreement;

6) “the Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December, 1944, and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or the Convention under Articles 90 and 94 thereof, insofar as those Annexes and amendments have become effective for, or been ratified by both Parties;

7) “National”, in the case of the Dominican Republic, means nationals of the Dominican Republic and, in the case of the Kingdom of the Netherlands, in respect of Curaçao, means nationals of the Kingdom of the Netherlands who are born in Curaçao or are formally registered as local citizens in the municipal registry of Curaçao;

8) “Price” means any fare, rate or charge for the carriage of passengers, baggage and/or cargo in Air Services, including any other mode of transportation in connection therewith, charged by Airlines, including their agents, and the conditions governing the availability of such fare, rate or charge;

9) in the case of the Kingdom of the Netherlands, in respect of Curaçao, the terms “Sovereignty” and “Territory”, in relation to a Party, shall have the meaning respectively assigned to them in Article 1 and Article 2 of the Convention; in the case of the Dominican Republic, the terms “Sovereignty” and “Territory”, in relation to a State, have the meaning in accordance with the stipulations of Article 1 and Article 2 of the Convention; Sovereignty: “The Contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory.” Territory: “In relation to a State means the land areas and territorial waters adjacent thereto and the airspace above them under the sovereignty of such State.”;

10) “User Charge” means a charge imposed on Airlines for the provision of airport, air navigation, or aviation security facilities or services including related services and facilities;

11) “Capacity” is the amount of services provided under the Agreement, usually measured by the number of flights, seats and tons of cargo offered at a market, weekly or for another specified period;

12) “ICAO” means the International Civil Aviation Organization.