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Artikel XI

Capacity

Onderdeel van Verdrag tussen het Koninkrijk der Nederlanden, voor Aruba, en de Regering van Canada inzake luchtvervoer· Arbitrage

Deze tekst geldt sinds 19 december 2005

1. There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to operate the agreed services on the specified routes. 2. In operating the agreed services, the designated airlines of each Contracting Party shall take into account the interest of the designated airline or airlines of the other Contracting Party so as not to affect unduly the services which the latter provide on the whole or part of the same routes. 3. The agreed services provided by the designated airlines of the Contracting Parties shall bear reasonable relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to meet the current and reasonably anticipated requirements for the carriage of passengers and cargo, including mail, between the territory of the Contracting Party which has designated the airline and the countries of ultimate destination of the traffic. 4. Provision for the carriage of passengers and cargo, including mail, both taken up and discharged at points on the specified routes in the territories of States other than that designating the airline shall be made in accordance with the general principle that capacity shall be related to: traffic requirements to and from the territory of the Contracting Party which has designated the airline; traffic requirements of the area through which the airline passes after taking account of other transport services established by airlines of the States comprising the area; and the requirements of through airline operation. 5. Each designated airline of a Contracting Party shall be free to use its commercial judgement with respect to the capacity to be provided consistent with the principles set out in this Article. Neither Contracting Party or its aeronautical authorities may unilaterally impose any restrictions on the designated airline or airlines of the other Contracting Party with respect to capacity, frequency or type of aircraft employed in connection with services over any of the routes specified in the Annex to the Agreement.

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