Common use of Fair and Equal Opportunity Clause in Contracts

Fair and Equal Opportunity. (1) There shall be a fair and equal opportunity for the designated airlines of both Contracting Parties to participate in the international air transportation covered by this Agreement. (2) Each Contracting Party shall take appropriate action within its jurisdiction to eliminate all forms of discrimination or unfair practices adversely affecting the agreed services of the designated airline of the other Contracting Party. (3) In operating the agreed services the designated airline of each Contracting Party shall take into account the interest of the designated airline of the other contracting Party so as not to affect unduly the services the latter provides on the whole or part of the same route. (4) The agreed services provided by the designated airline of each Contracting Party shall bear a close relationship to the requirements of the public for transportation on the specified route and shall have as their primary objective the provision at a reasonable load factor of capacity adequate to meet the current and reasonably anticipated requirements for the carriage of passengers, cargo and mail. (5) Provision for the carriage of passengers, cargo and mail by the designated airline of each Contracting Party, both taken on board and discharged at points on the specified route other than points in the territory of the Contracting Party designating that airline shall be made in accordance with the general principles that capacity shall be related to: a. traffic requirements to and from the territory of the Contracting Party which has designated the airline; b. traffic requirements of the region through which the agreed service passes, taking account of other air services established by airlines of the States comprising that region; and c. the requirements of through airline operation.

Fair and Equal Opportunity. (1) There shall be a fair and equal opportunity for the designated airlines of both Contracting Parties to participate in the international air transportation covered by this Agreement. (2) Each Contracting Party shall take appropriate action within its jurisdiction to eliminate all forms of discrimination or unfair practices adversely affecting the agreed services of the designated airline of the other Contracting Party. (3) In operating the agreed services the designated airline of each Contracting Party shall take into account the interest of the designated airline of the other contracting Contracting Party so as not to affect unduly the services the latter provides on the whole or part of the same routeprovides. (4) The agreed services provided by the designated airline airlines of each Contracting Party shall bear a close relationship to the requirements of the public for transportation on the specified route and shall have as their primary objective the provision at a reasonable load factor of capacity adequate to meet the current and reasonably reasonable anticipated requirements for the carriage of passengers, cargo and mail. (5) Provision for the carriage of passengers, cargo and mail by the designated airline of each Contracting Party, both taken on board and discharged at points on the specified route other than points in the territory of the Contracting Party designating that airline shall be made in accordance with the general principles that capacity shall be related to: a. (a) traffic requirements to and from the territory of the Contracting Party which has designated the airline; b. (b) traffic requirements of the region through which the agreed service passes, taking account of other air services established by airlines of the States comprising that region; and c. (c) the requirements of through airline operation.