Art. 6 Verdrag tussen het Koninkrijk der Nederlanden en de Staat Koeweit inzake luchtdiensten tussen en via hun onderscheiden grondgebieden, Commercial Activities

Verdrag tussen het Koninkrijk der Nederlanden en de Staat Koeweit inzake luchtdiensten tussen en via hun onderscheiden grondgebieden

1. The Designated Airline(s) of each Contracting Party shall be allowed:

a) to establish in the Territory of the other Contracting Party offices for the promotion and sale of air transportation and ancillary or supplemental services (including the right to sell and to issue any ticket and/or air waybill, both its own tickets and/or air waybills of any other Airline) as well as other facilities required for the provision of air transportation;

b) to engage, in the Territory of the other Contracting Party and subject to the laws and regulations of that Contracting Party, in the sale of air transportation and ancillary or supplementary services directly or, at its discretion, through its agents. Any person shall be able to purchase such transportation in accordance with the relevant applicable laws and regulations;

c) to sell such transportation and ancillary or supplemental services and any person shall be free to purchase such transportation or services in any currency.

2. The Designated Airline(s) of each Contracting Party shall be allowed to bring in and maintain in the Territory of the other Contracting Party its managerial, commercial, operational and technical staff as it may require in connection with the provision of air transportation and ancillary or supplemental services.

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

4. Each Designated Airline shall have the right to perform its own ground handling (“self-handling”) in the Territory of the other Contracting Party, or, at its option, the right to select among competing suppliers that provide ground handling services in whole or in part. This right may be subject to the laws and regulations applied by each Contracting Party and the restrictions justified by specific constraints of available space or Capacity. 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. Ground handling activities shall be carried out in accordance with the laws and regulations of each Contracting Party, including, in the case of the Netherlands, European Union law.

5. In operating or holding out the Air Services on the Specified Routes, each Designated Airline of one Contracting Party may enter into commercial and/or cooperative marketing arrangements including but not limited to blocked-space, and code-sharing, with: provided that all Airlines in such arrangements: Each code-sharing frequency operated by the Designated Airlines of either country will count as one (1) frequency, whereas the code-sharing services of the marketing carrier will not be counted as a frequency. All code-sharing arrangements need prior approval of the appropriate Aeronautical Authorities before implementation.

– an Airline(s) of the same Contracting Party;

– an Airline(s) of the other Contracting Party;

– an Airline(s) of a third country, provided that such third country authorizes or allows comparable arrangements between the Airline(s) of the one Contracting Party and Designated Airline(s) of the third country involved on services to, from and via such third country;

– a cargo surface transportation provider of any country,

– hold the appropriate operating authorization;

– meet the requirements normally applied to such arrangements; and

– must, in respect of any ticket sold by it, make it clear to the purchaser at the point of sale which Airline or Airlines will actually operate each sector of the service and with which Airline or Airlines the purchaser is entering into a contractual relationship.

6. In operating or holding out the Air Services on the Specified Routes, all wet-lease arrangements by a Designated Airline of either Contracting Party shall have the prior approval of the appropriate Aeronautical Authorities of both Contracting Parties.

7. The activities mentioned in this Article shall be carried out in accordance with the laws and regulations of the other Contracting Party. In case of the European part of the Netherlands, this includes applicable European Union law.