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1). The designated airlines of the two Contracting Parties shall be afforded fair and equitable treatment in order that they may enjoy equal opportunity in the operation of agreed services. They shall take into account their mutual interests so as not to affect unduly their respective services.
2). The operation of the agreed services between the Republic of Kenya and the Kingdom of the Netherlands in both directions along the specified routes constitutes a basic and primary right of the two Contracting Parties.
3). For the operation of Agreed Services:
(a) the total capacity provided on each of the routes shall be adapted to reasonably anticipated traffic requirements;
(b) the designated airlines of both Contracting Parties shall be entitled to an equal share of the capacity referred to in sub-paragraph 3 (a) of this Article;
(c) in order to meet seasonal fluctuations or unexpected traffic demands of a temporary character, the designated airlines of the two Contracting Parties shall agree between themselves on suitable measures to meet the temporary increase in traffic. Any agreement concluded between the airlines and any amendments thereto shall be submitted for approval to the aeronautical authorities of the two Contracting Parties;
(d) if either Contracting Party does not wish to use, on one or more routes, part or all of the capacity to which it is entitled, it may consult the other Contracting Party with a view to transferring to the latter, for a fixed period, the whole or part of the capacity at its disposal within the agreed limits. The Contracting Party which has transferred all or part of its rights may recover them at the end of the above period.