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a) the term “Aeronautical Authorities“ means for the Kingdom of the Netherlands, the
Minister of Infrastructure and Water Management of the Netherlands; for the Cooperative
Republic of Guyana, the Minister responsible for Transport; or, in either case, any
person or body authorized to perform any functions at present exercised by the said
Authorities;
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b) the terms “Agreed Service” and “Specified Route” mean International Air Service pursuant
to this Agreement and the route specified in the Annex to this Agreement respectively;
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c) the term “Agreement” means this Agreement, its Annex, as well as any amendment to
the Agreement or the Annex;
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d) the terms “Air Service”, “International Air Service”, “Airline” and “Stop for non-traffic
purposes” shall have the meaning respectively assigned to them in Article 96 of the Convention;
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e) the term “Change of Aircraft” means the operation of one of the Agreed Services by
a Designated Airline in such a way that one or more sectors of the Specified Route
are flown by different aircraft;
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f) the term “the Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and includes any Annex adopted
under Article 90 of that Convention and any amendment of the Annexes or the Convention under Articles 90 and 94 thereof, insofar as those Annexes and amendments have become effective for, or have
been ratified by both Contracting Parties;
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g) the term “Designated Airline” means the Airline which has been designated and authorized
in accordance with Article 3 (Designation and Authorization) of this Agreement;
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h) the term “Stores” means articles of a readily consumable nature for use or sale on
board an aircraft during flight including commissary supplies;
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i) the term “Tariff” means any amount, excluding governmental levies, charged or to be
charged by the Airline, directly or through their agents, to any person or entity
for the carriage of passengers (and their baggage) and cargo (excluding mail) in air
transportation, including:
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j) the term “Territory” in relation to either Contracting Party shall be deemed to be
the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty,
protection or mandate of the Contracting Party;
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k) the term “User Charge” means a charge imposed on Airlines for the provision of airport,
air navigation, or aviation security facilities or services including related services
and facilities;
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l) the term “Capacity” means the combination of frequency per week and (the configuration
of) the type of aircraft used on the route offered to the public by the Designated
Airline(s);
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m) the term “Place of Effective Management” means the place where key management and
commercial decisions that are necessary for the conduct of the entity’s business as
a whole are in substance made. All relevant facts and circumstances must be examined
to determine the place of effective management. An entity may have more than one place
of management, but it can have only one place of effective management at any one time;
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n) the term “EU Member State” means a state that is now or in the future a contracting
party to the Treaty on the European Union and the Treaty on the Functioning of the
European Union;
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o) the term “Caribbean part of the Netherlands” means the islands of Bonaire, Sint Eustatius
and Saba;
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p) the term “the Netherlands” means:
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q) the term “residents of the Caribbean part of the Netherlands” means residents with
the nationality of the Kingdom of the Netherlands originating from the Caribbean part
of the Netherlands.
