Art. XIV Verdrag tussen het Koninkrijk der Nederlanden, voor Aruba, en de Regering van Canada inzake luchtvervoer

1. For the purpose of this Article, ``Price" means any fare, rate or charge contained in tariffs (including frequent flyer plans or other benefits provided in association with air transportation) for the carriage of passengers (including their baggage) and/or cargo (excluding mail) on scheduled air services and the conditions directly governing the availability or applicability of such fare, rate or charge but excluding general terms and conditions of carriage; ``General Terms and Conditions of Carriage" means those terms and conditions contained in tariffs which are broadly applicable to air transportation and not directly related to any price; and the term ``match" means the continuation or introduction, on a timely basis, of an identical or similar (but not lower) price. 2. Prices for carriage by the designated airline or airlines of one Contracting Party to or from the territory of the other Contracting Party shall be established at reasonable levels due regard being paid to all relevant factors including the interests of users, cost of operation, characteristics of service, reasonable profit, prices of other airlines and other commercial considerations in the marketplace. 3. The prices referred to in paragraph 2 of this Article may be developed individually or, at the option of the designated airline or airlines, through coordination with each other or with other airlines. A designated airline shall be responsible only to its own aeronautical authorities for the justification of its prices. 4. Each Contracting Party may require the filing with its aeronautical authorities by the designated airline or airlines of their prices for carriage between the territories of the Contracting Parties. Such filing, if required, shall be received by the aeronautical authorities at least one (1) day before the proposed effective date. Upon filing of the proposed prices, the designated airline shall be permitted to sell transportation on the agreed services at the filed price provided that all sales are for transportation commencing not earlier than the proposed effective date. A designated airline which has established a price individually shall, at the time of filing, ensure that the filed price is accessible to other designated airlines. 5. If the aeronautical authorities of one Contracting Party are dissatisfied with an existing or proposed price for carriage between the territories of the Contracting Parties, they shall so notify the aeronautical authorities of the other Contracting Party and the airline offering the price. Unless the aeronautical authorities of the other Contracting Party agree that an existing or proposed price is inconsistent with the principles of this Article, the price shall come into effect or continue in effect. 6. With respect to carriage between the territories of the Contracting Parties, the airline or airlines of each Contracting Party shall have the right to match on a basis which would not be necessarily identical but would be broadly equivalent, any publicly available lawful price on scheduled services as well as retail prices charged on charter services. Prices which qualify as matching may be filed on not less than one day's notice. 7. Each Contracting Party may require the filing of prices for carriage between its territory and third countries in accordance with the regulations of its aeronautical authorities. If filing is required, the designated airline or airlines of the other Contracting Party shall not be required to file such prices on any greater period of notice prior to the proposed effective date than that normally applicable to the airline or airlines of the Contracting Party requiring the filing, subject to a minimum of ten (10) days' notice, unless otherwise authorized by the aeronautical authorities. 8. The price to be applied by a designated airline of one Contracting Party for carriage between the territory of the other Contracting Party and a third country shall not come into effect or remain in effect if the aeronautical authorities of that other Contracting Party are dissatisfied with it. In this regard, the price to be applied by a designated airline of one Contracting Party shall not be lower than the lowest price charged for scheduled international air services by the airline(s) of the other Contracting Party in that market, unless otherwise authorized by the aeronautical authorities of the other Contracting Party. 9. Subject to paragraph 8 of this Article, any designated airline of each Contracting Party shall have the right to match any publicly available lawful price on scheduled services between the territory of the other Contracting Party and any third country. Prices which qualify as matching may be filed on not less than one day's notice. The aeronautical authorities of the other Contracting Party may require the designated airline proposing the price to provide satisfactory evidence of the availability of the price being matched. 10. The aeronautical authorities of either Contracting Party may request discussions on prices at any time. Such discussions, which may be conducted orally or in writing, shall be held within fifteen (15) days of receipt of the request, unless otherwise agreed between the aeronautical authorities. 11. When prices have been established in accordance with the provisions of this Article, those prices shall remain in force until new prices have been established in accordance with the provisions of this Article. Nevertheless, a price shall not be prolonged by virtue of this paragraph for more than twelve (12) months after the date on which it would otherwise have expired. 12. Each Contracting Party may require the filing with its aeronautical authorities by the designated airline or airlines of their general terms and conditions of carriage in accordance with its national laws and regulations. Acceptance or approval of such terms and conditions shall be subject to national laws and regulations. The aeronautical authorities of either Contracting Party may at any time withdraw such acceptance or approval upon not less than fifteen (15) days notice to the designated airlines concerned and the term or condition shall cease to have any force or effect thereafter.

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