Art. 5 Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Dominicaanse Republiek, Commercial Activities

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

1. The Designated Airline(s) of each Party shall have the right to establish offices, both on-line and off-line, in the Territory of the other Party for the promotion and sale of Air Services.

2. The Designated Airline(s) 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 Territory of the other Party managerial, sales, technical, operational and other specialist staff required for the provision of Air Services.

3. These staff requirements may, at the option of the Designated Airline or Airlines of one Party, be satisfied by its own personnel or by using the services of any other organization, company or Designated Airline operating in the Territory of the other Party and authorized to perform such services for other Designated Airlines.

4. The representatives and staff shall be subject to the laws and regulations in force of the other Party and consistent with such laws and regulations:

a) each Party shall, on the basis of reciprocity and with the minimum of delay, grant the necessary employment authorizations, visitor visas or other similar documents to the representatives and staff referred to in paragraph 2 of this Article; and

b) each Party shall facilitate and expedite the requirement of employment authorizations for personnel performing certain temporary duties.

5. Subject to the provisions of applicable safety, including the Standards and Recommended Practices (SARPs) contained in ICAO Annex 6 and 17, the Designated Airline(s) shall have the right to perform its own ground-handling in the Territory of the other Party (“self-handling”) or, at its option, select among competing agents for such services in whole or in part. The rights shall be subject only to the internal rules of the Parties and to physical constraints resulting from considerations of airport safety or aviation security. When the laws, regulations, internal rules, contractual rules or obligations of a party impede 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.

6. The Designated Airline(s) 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. Each Designated Airline shall have the right to sell such transportation in the currency of that Territory or in freely convertible currencies.

7. To operate or maintain the authorized services in the specified routes, any Designated Airline of either Party may enter into marketing arrangements such as joint ventures, blocked space or code-share agreements with: provided that: The Designated Airline(s) of each Party may use aircraft leased from another company, with or without crew, subject to the laws and regulations of the Parties.

(i) an Airline or Airlines of either Party;

(ii) an Airline or Airlines of a third country; and

(iii) a provider of surface transportation in any country;

1) all Airlines have the necessary authorization in such arrangements;

2) all Airlines meet the requirements normally applied to such arrangements; and

3) the Parties agree to take the necessary measures to ensure that consumers are fully informed and protected with respect to code-share flights made to or from their Territory, and that at least passengers will be provided with the necessary information in the following ways:

(i) verbally and, if possible, in writing at the time of booking;

(ii) written on the itinerary that accompanies the e-ticket form, or another document that replaces the latter, as written confirmation, including contact information in case of problems. Furthermore, it shall be made clear what Airline can be held responsible for any damages.