Airlines of each Party designated under this Annex shall, in accordance with the terms
of their designation, have the right to carry international charter traffic of passengers
(and their accompanying baggage) and/or cargo (including, but not limited to, freight
forwarder, split, and combination (passenger/cargo) charters):
Between any point or points in the territory of the Party that has designated the
airline and any point or points in the territory of the other Party; and
Between any point or points in the territory of the other Party and any point or points
in a third country or countries, provided that, except with respect to cargo charters,
such service constitutes part of a continuous operation, with or without a change
of aircraft, that includes service to the homeland for the purpose of carrying local
traffic between the homeland and the territory of the other Party.
In the performance of services covered by this Annex, airlines of each Party designated
under this Annex shall also have the right: (1) to make stopovers at any points whether
within or outside of the territory of either Party; (2) to carry transit traffic through
the other Party's territory; (3) to combine on the same aircraft traffic originating
in one Party's territory, traffic originating in the other Party's territory, and
traffic originating in third countries; and (4) to 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, except with respect to cargo charters, in the
outbound direction, the transportation beyond such point is a continuation of the
transportation from the territory of the Party that has designated the airline and
in the inbound direction, the transportation to the territory of the Party that has
designated the airline is a continuation of the transportation from beyond such point.
Each Party shall extend favorable consideration to applications by airlines of the
other Party to carry traffic not covered by this Annex on the basis of comity and
reciprocity.
Any airline designated by either Party performing international charter 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 either
of its homeland or of the other 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 designated airline shall be subject to the least restrictive
of such criteria.
However, nothing contained in the above paragraph shall limit the rights of either
Party to require airlines designated under this Annex by either Party 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 the preceding
paragraph above, neither Party shall require an airline designated under this Annex
by 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 declaration of conformity with the applicable laws, regulations and rules referred
to under section 2 of this Annex or of a waiver of these laws, regulations, or rules
granted by the applicable aeronautical authorities.