Art. 2 Luchtvaartverdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Verenigde Staten van Amerika inzake het luchtvervoer tussen Curaçao en de Verenigde Staten van Amerika

1. Each Party grants to the other Party the following rights for the conduct of international air transportation by the airlines of the other Party: the right to fly across its territory without landing; the right to make stops in its territory for non-traffic purposes; the right to perform international air transportation between points on the following routes: for airlines of the United States, from points behind the United States via the United States and intermediate points to any point or points in Curaçao and beyond; and for all-cargo service, between Curaçao and any point or points; for airlines of Curaçao, from points behind Curaçao, via Curaçao, and intermediate points to any point or points in the United States and beyond; and for all-cargo service, between the United States and any point or points; and the rights otherwise specified in this Agreement. 2. Each airline of a Party may, on any or all flights and at its option: operate flights in either or both directions; combine different flight numbers within one aircraft operation; serve points on their respective routes in any combination and in any order; omit stops at any point or points; transfer traffic from any of its aircraft to any of its other aircraft at any point; serve points behind any point in its territory with or without change of aircraft or flight number and hold out and advertise such services to the public as through services; make stopovers at any points whether within or outside the territory of either Party; carry transit traffic through the other Party’s territory; and combine traffic on the same aircraft regardless of where such traffic originates; without directional or geographic limitation and without loss of any right to carry traffic otherwise permissible under this Agreement, provided that, with the exception of all-cargo services, the transportation is part of a service that serves a point in the homeland of the airline. 3. On any segment or segments of the routes above, any airline of a Party may perform international air transportation without any limitation as to change, at any point on the route, in type or number of aircraft operated, provided that, with the exception of all-cargo services, in the outbound direction, the transportation beyond such point is a continuation of the transportation from the homeland of the airline and, in the inbound direction, the transportation to the homeland of the airline is a continuation of the transportation from beyond such point. 4. Nothing in this Article shall be deemed to confer on the airline or airlines of one Party the rights to take on board, in the territory of the other Party, passengers, baggage, cargo, or mail carried for compensation and destined for another point in the territory of that other Party. In respect of the United States, nothing in this Article shall be deemed to confer on its airlines the right to take on board, in Curaçao, passengers, baggage, cargo or mail carried for compensation and destined for a point in Sint Maarten or the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), or such traffic originating in Sint Maarten or the Caribbean part of the Netherlands and destined for Curaçao. 5. Any airline of a Party performing charter international air transportation originating in the territory of either Party, whether on a one-way or round-trip basis, shall have the option of complying with the charter laws, regulations, and rules of either Party. If a Party applies different rules, regulations, terms, conditions, or limitations to one or more of its airlines, or to airlines of different countries, each airline of the other Party shall be subject to the least restrictive of such criteria. Nothing in this paragraph shall limit the rights of a Party to require airlines of both Parties to adhere to requirements relating to the protection of passenger funds and passenger cancellation and refund rights. Except with respect to the consumer protection rules referred to in this paragraph, neither Party shall require an airline of the other Party, in respect of the carriage of traffic from the territory of that other Party or of a third country on a one-way or round-trip basis, to submit more than a notice that it is complying with the applicable laws, regulations, and rules referred to in this paragraph or of a waiver of these laws, regulations, or rules granted by the applicable aeronautical authorities.

Grant of Rights

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