### U.S. Department of Transportation Office ofthe Secretary of Transportation 

## AGREEMENT

The undersigned carriers (hereinafter referred to as "the Carriers") hereby agree as follows : 

### Docket OST 96-236

1

. Each ofthe Carriers shall, effective May 16, 1966, include the following in its conditions ofcarriage , including tariffs embodying conditions ofcarriage filed by it with any government

"The Carrier shall avail itself ofthe limitation of liability provided in the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw October 12th , 1929, or provided in the said Convention as amended by the Protocol signed at The Hague September 28th , 1955

. However, in accordance with Article 22(1) of said Convention, or said Convention as amended by said Protocol , the Carrier agrees that, as to all international transportation by the Carrier as defined in the said Convention or said Convention as amended by said Protocol , which, according to the contract of Carriage, includes a point in the United States ofAmerica as a point oforigin , point ofdestination, or agreed stopping place (1) The limit of liability for each passenger for death , wounding , or other bodily injury shall be the sum of US $75 ,000 inclusive of legal fees and costs, except that, in case of a claim brought in a State where provision is made for separate award of legal fees and costs , the limit shall be the sum of US $58 ,000 exclusive of legal fees and costs

. (2) The Carrier shall not, with respect to any claim arising out of the death , wounding , or other bodily injury of a passenger, avail itself of any defense under Article 20(1) of said Convention or said Convention as amended by said Protocol. Nothing herein shall be deemed to affect the rights and liabilities of the Carrier with regard to any claim brought by, on behalf of, or in respect of any person who has willfully caused damage which resulted in death , wounding, or other bodily injury of a passenger." 2

. Each Carrier shall , at the time ofdelivery ofthe ticket, furnish to each passenger whose transportation is governed by the Convention , or the Convention as amended by the Hague Protocol , and by the special contract described in paragraph 1 , the following notice , which shall be printed in type at least as large as 10 point modern type and in ink contrasting with the stock on (i) each ticket; (ii) a piece of paper either placed in the ticket envelope with the ticket or attached to the ticket; or (iii) on the ticket envelope: "ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin are advised that the provisions of a treaty known as the Warsaw Convention may be applicable to the entire journey, including any portion entirely within the country of origin or destination

. For such passengers on a journey to , from , or with an agreed stopping place in the United States of America, the Convention and special contracts of carriage embodied in applicable tariffs provide that the liability of [certain 

### )* [(name ofcarrier) and certain other] carriers parties to such special contracts fo r death ofor personal inju ry to passengers is limited in most cases to proven damages not to exceed US $75 ,000 per passenger, and that this liability up to such limit shall not depend on negligence on the part ofthe carrier. For such passengers traveling by a carrier not a party to such special contracts or on a journey not to , from , or having an agreed stopping place in the United States ofAmerica, liability ofthe carrier for death or personal injury to passengers is limited in most cases to approximately US $10 ,000 or US $20,000

. The names of Carriers parties to such special contracts are available at all ticket offices ofsuch carriers and may be examined on request. Additional protection can usually be obtained by purchasing insurance from a private company
. Such insurance is not affected by any limitation ofthe carrier's liability under the Warsaw Convention or such special contracts ofcarriage

. For further information please consult your airline or insurance company representative." 3

. [This Agreement was filed with the Civil Aeronautics Board ofthe United States

. The Board approved it by Order E-23680, adopted May 13, 1966

. The Agreement (Agreement 18900) became effective May 16, 1966

. On January 1 , 1 985 , this Agreement became the responsibility ofthe Department ofTransportation (DOT) by operation of law.) 4

. This Agreement may be signed in any number of counterparts, all ofwhich shall constitute one Agreement. Any Carrier may become a party to this Agreement by signing a counterpart hereof and depositing it with DOT

. 5

. Any Carrier party hereto may withdraw from this Agreement by giving twelve (12) and the other Carriers parties to the Agreement. *Either alternative may be used

.

OST Form 4623 (Formerly CAB Form 263)