Maliat site Multilateral Agreement on the Liberalization of International Air Transportation
Multilateral Agreement on the Liberalization of International Air Transportation
The agreementThe protocolsMember countriesOther matters concerning the agreementContact detailsSite map for MaliatReturn to site home page

Agreement

Article 11 - Fair Competition

  1. Each Party shall allow a fair and equal opportunity for the designated airlines of all Parties to compete in providing the international air transportation governed by this Agreement.
  2. Each Party shall allow each designated airline to determine the frequency and capacity of the international air transportation it offers based upon commercial considerations in the marketplace. Consistent with this right, no Party shall act to limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the designated airlines of the other Parties, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention.
  3. No Party shall impose on another Party's designated airlines a first-refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency or traffic.
  4. No Party shall require the filing of schedules, programs for charter flights, or operational plans by airlines of the other Parties for approval, except as may be required on a non-discriminatory basis to enforce the uniform conditions foreseen by paragraph 2 of this Article. If a Party requires filings to enforce the uniform conditions as foreseen by paragraph 2 of this Article or requires filings for informational purposes, it shall minimize the administrative burdens of filing requirements and procedures on air transportation intermediaries and on designated airlines of the other Parties.
  5. Subject to the provisions of this Agreement, no Party may apply its laws, regulations, and rules to restrict the operation or sale of the charter international air transportation provided for in this Agreement, except that the Parties may require compliance with their own requirements relating to the protection of charter passenger funds and charter passenger cancellation and refund rights.
  6. Pursuant to paragraph 1 of this Article, the airlines of each Party shall be entitled to market their services on a fair and nondiscriminatory basis through computer reservations systems (CRSs) used by travel agencies or travel companies in the territories of the Parties. In addition, CRS vendors of each Party that are not in violation of the CRS rules, if any, that apply in the territories of the Parties in which they are operating shall be entitled to non-discriminatory, effective, and unimpaired access to market, maintain, operate and freely make available their CRSs to travel agencies or travel companies in the territories of the Parties. In particular, if any airline of any Party chooses to participate in a CRS offered to travel agents or travel companies in the territory of another Party, that airline shall participate in CRSs of that other Party operated in the territory of its incorporation as fully as it does in any CRS in the territory of that other Party, unless it can show that the fees charged by that CRS for participation in the territory of its incorporation are not commercially reasonable (fees are presumed to be commercially reasonable if the fees charged the airline for participation in the territory of its incorporation by any other CRS that is used by travel agents or travel companies equal or exceed those charged by the CRS of the other Party for such participation). Airlines and CRS vendors of one Party shall not discriminate against travel agencies or travel companies in that Party's territory because of their use of a CRS of another Party.


New Zealand Ministry of Transport
Attention: Air Services
Phone: +64-4-439-9000
Fax: +64-4-439-9004
e-mail: maliat@transport.govt.nz
New Zealand Ministry of Foreign Affairs and Trade
Attention: Treaty Officer
Legal Division
Fax:+64-473-2103
e-mail: lgl@mfat.govt.nz