BWBV0005825
Geldig vanaf 01-02-1994
Artikel 5
Overeenkomst inzake luchtvervoer tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Indonesië
1. The tariffs in respect of the agreed services operated by the designated airline(s) of each Contracting Party shall be established by each designated airline individually based upon its commercial considerations in the market place at reasonable levels, due regard being paid to all relevant factors, including the cost of operation and reasonable profit.
2. The tariffs established under paragraph 1 shall be notified by the designated airline(s) of one Contracting Party with aeronautical authorities of the other Contracting Party.
3. Notwithstanding the foregoing, each Contracting Part shall have the right to intervene so as to:
a) prevent tariffs whose application constitutes anti-competitive behaviour which has or is likely to or intended to have effect of crippling a competitor or excluding a competitor from a route;
b) protect consumers from tariffs that are excessive or restrictive due to the abuse of a dominant position; and
c) protect airlines form tariffs that are predatory or artificially low.
4. The aeronautical authorities of one Contracting Party may require the designated airline(s) of the other Contracting Party to provide relevant information relating to the establishment of tariffs.
5. If such requesting Contracting Party believes that the tariff notified by the designated airline(s) of the other Contracting Party is inconsistent with the considerations set forth in paragraph 3 or published tariffs considerations of the requesting Contracting Party, it shall notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible and request consultation which shall be held no later than thirty (30) calendar days after receipt of the request.
6. If the Contracting Parties are unable to settle the matter through consultations, it shall be settled in accordance with the provisions of Article 17 of the Agreement.
7. Pending resolution of the matter in accordance with paragraph 5 and 6, the tariff in question shall be put on hold and the present tariff shall continue to be in place.
2. The tariffs established under paragraph 1 shall be notified by the designated airline(s) of one Contracting Party with aeronautical authorities of the other Contracting Party.
3. Notwithstanding the foregoing, each Contracting Part shall have the right to intervene so as to:
a) prevent tariffs whose application constitutes anti-competitive behaviour which has or is likely to or intended to have effect of crippling a competitor or excluding a competitor from a route;
b) protect consumers from tariffs that are excessive or restrictive due to the abuse of a dominant position; and
c) protect airlines form tariffs that are predatory or artificially low.
4. The aeronautical authorities of one Contracting Party may require the designated airline(s) of the other Contracting Party to provide relevant information relating to the establishment of tariffs.
5. If such requesting Contracting Party believes that the tariff notified by the designated airline(s) of the other Contracting Party is inconsistent with the considerations set forth in paragraph 3 or published tariffs considerations of the requesting Contracting Party, it shall notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible and request consultation which shall be held no later than thirty (30) calendar days after receipt of the request.
6. If the Contracting Parties are unable to settle the matter through consultations, it shall be settled in accordance with the provisions of Article 17 of the Agreement.
7. Pending resolution of the matter in accordance with paragraph 5 and 6, the tariff in question shall be put on hold and the present tariff shall continue to be in place.
- Citeren als
- Art. 5
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0005825
- Officiële bron
- wetten.overheid.nl