Decision No. 49-A-2011

February 23, 2011

February 23, 2011

APPLICATION by Sunwing Airlines Inc. and TUI Airlines Nederland B.V. for an approval pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended.

File No. M4835-82-1

Sunwing Airlines Inc. (Sunwing) and TUI Airlines Nederland B.V. (TUI) have applied to the Canadian Transportation Agency (Agency) for an approval topermitSunwingto provide its scheduled international service betweenCanadaandthe Netherlandsby selling transportation in its own name on flightsoperated by TUI between Canada and the Netherlands,for an indefinite period, commencing on June 26,2011.

Sunwing is licensed to operate a scheduled international service in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States, signed on December 18, 2009 (Agreement).

The Agency has considered the application and the material in support and is satisfied that it meets the requirementsof section 8.2 of the Air Transportation Regulations(ATR).

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the Canada Transportation Act and section 8.2 of the ATR, approves the use by Sunwing of aircraft and flight crew provided by TUI, and the provision by TUI of such aircraft and flight crew to Sunwing, to permit Sunwing to provide its scheduled international service on licensed routes between Canada and the Netherlands by selling transportation in its own name on flights operated by TUI between Canada and the Netherlands, for an indefinite period, commencing June 26, 2011.

This approval is subject to the following conditions:

  1. Sunwing shall continue to hold the valid licence authority.
  2. Sunwing shall apply its published tariffs, in effect, to the carriage of its traffic. Nothing in any commercial agreement between the air carriers relating to limits of liability shall diminish the rights of passengers as stated in such tariffs.
  3. The air service approved shall only be provided as long as acode-sharing agreementproviding for such service remains in effect.
  4. SunwingandTUIshall continue to comply with the insurance requirements set out in subsections 8.2(4), 8.2(5) and 8.2(6) of the ATR.
  5. Sunwing shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  6. Sunwing and TUI shall provide the Agency with a copy of any new agreement or amendments to theircode‑sharing agreement, including any new or amended annex, without delay.

This approval does not exempt Sunwing and TUI from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

  • Raymon J. Kaduck
  • J. Mark MacKeigan

Member(s)

Raymon J. Kaduck
J. Mark MacKeigan
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