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Definitions For the purposes of this Regulation:

(a) ‘air carrier’means an air transport undertaking with a valid operating licence;

(b) ‘Community air carrier’means an air carrier with a valid operating licence granted by a Member State in accordance with Regulation (EEC) No 2407/92;

(c) ‘aircraft operator’means the person or entity, not being an air carrier, who has continual effective disposal of the use or operation of the aircraft; the natural or legal person in whose name the aircraft is registered shall be presumed to be the operator, unless that person can prove that another person is the operator;

(d) ‘flight’ means:

— with regard to passengers and unchecked baggage, the period of transport of the passengers by aircraft including their boarding and disembarkation,

— with regard to cargo and checked baggage, the period of transport of baggage and cargo from the moment the baggage or cargo is handed to the air carrier until the moment of delivery to the entitled recipient,

— with regard to third parties, the use of an aircraft from the moment when power is applied to its engines for the purpose of taxiing or actual take-off until the moment when it is on the surface and its engines have come to a complete stop; additionally, it shall mean the moving of an aircraft by towing and push-back vehicles or by powers which are typical for the drive and the lift of aircraft, particularly air streams;

(e) ‘SDR’means a Special Drawing Right as defined by the International Monetary Fund;

(f) ‘MTOM’means the Maximum Take Off Mass, which corresponds to a certified amount specific to all aircraft types, as stated in the certificate of airworthiness of the aircraft;

(g) ‘passenger’means any person who is on a flight with the consent of the air carrier or the aircraft operator, excluding on-duty members of both the flight crew and the cabin crew;

(h) ‘third party’means any legal or natural person, excluding passengers and on-duty members of both the flight crew and the cabin crew;

(i) ‘commercial operation’means an operation for remuneration and/or hire.