Airlines of each Party operating under a permit issued by its Aeronautical authority
in accordance with the terms of Article 4, paragraph 2, and Article 5 of the Agreement shall 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 operating
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 favourable 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 operating under this Annex 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 airline shall be subject to the least restrictive of such
criteria.
Except with respect to the consumer protection rules of its homeland, neither Party
shall require an airline designated by the other Party and operating under this Annex,
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.