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1. “aeronautical authorities” means, in the case of the United States, the Department
of Transportation and, in the case of the Kingdom of the Netherlands, in respect of
Sint Maarten, the Sint Maarten Civil Aviation Authority, and any person or agency
authorized to perform functions exercised by the Department of Transportation or the
Sint Maarten Civil Aviation Authority;
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2. “Agreement” means this Agreement and any amendments thereto;
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3. “air transportation” means the public carriage by aircraft of passengers, baggage,
cargo, and mail, separately or in combination, scheduled or charter, for remuneration
or hire;
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4. “airline of a Party” means, in the case of the United States, an airline that has
received its Air Operator’s Certificate (AOC) from the aeronautical authorities of
the United States and has its principal place of business in the United States, hereinafter
referred to as an airline of the United States; and in the case of the Kingdom of
the Netherlands, in respect of Sint Maarten, an airline that has received its AOC
from the aeronautical authorities of Sint Maarten and has its principal place of business
in Sint Maarten, hereinafter referred to as an airline of Sint Maarten;
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5. “Convention” means the Convention on International Civil Aviation, done at Chicago on December 7, 1944, and includes:
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6. “full cost” means the cost of providing service plus a reasonable charge for administrative
overhead;
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7. “international air transportation” means air transportation that passes through the
airspace over the territory of more than one State;
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8. “nationals”, in the case of the United States, means nationals of the United States
and, in the case of the Kingdom of the Netherlands, in respect of Sint Maarten, means
nationals of the Kingdom of the Netherlands who are formally registered as local citizens
with Dutch nationality in the municipal registry of Sint Maarten;
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9. “price” means any fare, rate, or charge for the carriage of passengers, baggage, or
cargo (excluding mail) in air transportation, including surface transportation in
connection with international air transportation, charged by airlines, including their
agents, and the conditions governing the availability of such fare, rate, or charge;
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10. “stop for non-traffic purposes” means a landing for any purpose other than taking
on or discharging passengers, baggage, cargo, or mail in air transportation;
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11. “territory”, in the case of the United States, means the land areas, internal waters,
and territorial sea under the sovereignty of the United States and, in the case of
the Kingdom of the Netherlands, in respect of Sint Maarten, means the land areas,
internal waters, and territorial sea under the sovereignty of the Kingdom of the Netherlands,
in respect of Sint Maarten, in accordance with international law; and
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12. “user charge” means a charge imposed on airlines for the provision of airport, airport
environmental, air navigation, or aviation security facilities or services including
related services and facilities.