**1.** The term “tariff" means:
the price to be charged for the carriage of passengers, baggage or cargo (excluding mail);
the additional goods, services or other benefits to be furnished or made available in conjunction with such carriage or as a matter which is incidental thereto or consequential thereon; and
the prices to be charged for such additional goods, services or benefits;
and includes the conditions that are to govern the applicability of any such price and the furnishing or availability of any such goods, services or benefits.
the rate of commission paid by an airline to an agent in respect of tickets sold or air waybills completed by that agent for carriage on scheduled air services.
Where fares or rates differ according to the season, day of the week or time of the day on which a flight is operated, the direction of travel or according to some other factor, each different fare or rate shall be regarded as a separate tariff whether or not it has been filed separately with the related conditions with the relevant authorities.
**2.** The tariffs to be charged by the designated airlines of the Contracting Parties for carriage between their territories shall be those approved by the aeronautical authorities of both Contracting Parties and shall be established at reasonable levels, due regard being paid to all relevant factors, including the cost of operating the agreed services, the interests of users, reasonable profit and market considerations.
**3.** The aeronautical authorities of both Contracting Parties shall not require their airlines to consult other airlines before filing for approval tariffs for services covered by the following provisions.
**4.** Each proposed tariff for carriage between the territories of the Contracting Parties shall be filed by the designated airline seeking approval for it with the aeronautical authorities of both Contracting Parties in such form as the aeronautical authority of each Contracting Party may require to disclose the particulars referred to in paragraph 1 of this Article. It shall be filed not less than 30 days (or such shorter period as the aeronautical authorities of both Contracting Parties may agree) before the proposed effective date. Each proposed tariff shall be treated as having been filed with a Contracting Party on the date on which it is received by the aeronautical authority of that Contracting Party.
**5.** Each proposed tariff may be approved by the aeronautical authority of either Contracting Party at any time. In the absence of such approval and provided it has been filed in accordance with paragraph 4 of this Article, it will be treated as having been approved by the aeronautical authority of a Contracting Party 21 days after the date of filing unless within 20 days after the date of filing the aeronautical authority of that Contracting Party has served on the aeronautical authority of the other Contracting Party written notice of disapproval of the proposed tariff.
Each proposed tariff which has been filed in the form required by paragraph 4 of this Article, but not in conformity with the minimum filing period therein specified, shall nevertheless be treated as having been approved by the aeronautical authority of a Contracting Party 21 days after the date of filing unless the aeronautical authority of that Contracting Party has either:
notified the airline filing the proposed tariff within 15 days after the date of filing that the proposed tariff must be refiled in conformity with the minimum filing period, or
served on the aeronautical authority of the other Contracting Party within 20 days after the date of filing written notice of disapproval of the proposed tariff.
**6.** In approving each tariff the aeronautical authority of a Contracting Party may attach to its approval such expiry date as it considers appropriate.
**7.** If a notice of disapproval is given in accordance with the provisions of paragraph 5 of this Article, the aeronautical authorities of the two Contracting Parties may determine the tariff by mutual agreement. Either Contracting Party may, within 30 days of the service of a notice of disapproval, request consultations which shall be held within 30 days of the request.
**8.** If a tariff has been disapproved by one of the aeronautical authorities in accordance with paragraph 5 of this Article, and the aeronautical authorities have been unable to determine the tariff by agreement in accordance with paragraph 7 of this Article, the dispute may be settled in accordance with the provisions of Article 15 of this Agreement.
**9.** Subject to paragraph 10 of this Article a tariff established in accordance with the provisions of this Article shall remain in force unless withdrawn by the designated airline concerned or until a replacement tariff has been established.
**10.** Except with the agreement of the aeronautical authorities of both Contracting Parties, and for such period as they may agree, a tariff shall not be prolonged by virtue of paragraph (9) of this Article:
where a tariff has an expiry date, for more than 12 months after that date;
where a tariff has no expiry date, for more than 12 months after the date on which the designated airline or airlines of one Contracting Party or both, file a replacement tariff with the aeronautical authorities of the Contracting Parties.
**11.** Notwithstanding paragraphs 4–10 above, the aeronautical authority of the United Kingdom does not require the filing for its approval of tariffs for the carriage of cargo between points in the territories of the two Contracting Parties. In such cases, references in paragraphs 4–10 above to receipt of filings shall be deemed to refer to the receipt of such filings by the Netherlands Antilles Government.
**12.** The tariffs to be charged by a designated airline of one Contracting Party for carriage between the territory of the other Contracting Party and a third State shall be filed for the approval of the aeronautical authority of the other Contracting Party. Each tariff filed shall be given approval if it is identical in level, conditions and date of expiry to a tariff currently approved by that aeronautical authority and applied by a designated airline of that other Contracting Party for carriage between its territory and that of the third State, provided that the aeronautical authority may withdraw its approval if the tariff being matched is discontinued for any reason, or may vary the terms of the approval to correspond to any approved variation in the tariff being matched.
Notwithstanding sub-paragraph a) above, the aeronautical authority of the United Kingdom does not require the filing for its approval of tariffs to be charged by the designated airline or airlines of the Netherlands Antilles for the carriage of cargo between the territory of the United Kingdom and the third State.
Artikel 7
Tariffs
Deze tekst geldt sinds 1 december 2000