Docket OST 95-236 

U.S. Department of Transportation 

Offlco of the Secretary ofTransportation AGREEMENT v..~·....r.-N""'''"""''-·~"....w..""'-'"•'"""""'-""·'·''-''"~"'·"'""'""'''""·'",..,.....·"·.,....,,·_.,_...--.....~~......__.'"'-"""..........,.....,..'....,.,'"'"-' ... '·-..·•·•··"'v .. ,.,....--..,.,....,.,,,..,~~· ~-~,_. . ..o...J..._,......,;<;;;;·:~.,....,~~..-:t.::L .............. ,...._.,,,_,.H.c.,,,,..,, .. ..,H,.H,,_,_,_.:,_,. 

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

1. Each of the Carriers shall, effective May 16, 1966, include the following in its conditions of carriage, including tariffs embodying 

conditions of carriage flied by It with any government: 

"The Carrier shall avail itself of the limitation of liability provided in the Convention for the Unification of Certain Rules 

Relating to lntemafional 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 28lh, 1955. However, in accordance with Article 22(1) or said Convenlion, or said 

Convenllon 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 Prolocol, which, according lo the contract or Carriage, includes a 

point In the United States of America as a point of origin, point or destination, or agreed stopping place 

(1) The limit of liability for each passenger ror death, wounding, or other bodily h1jury shall be the sum ofUS $75,000 

inclusive of legal rees and costs, except that, in case of a claim brought in a Stale where provision Is made for separate 

award of legal fees and costs, the limit shall be the sum or US $58,000 exclusive of legal fees anp costs. 

{2) The Carrier shall not, with respect to any claim arising out of the death, wounding, or other bodily Injury or 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 lo affect the rights and liabililies of the Carrier with regard to any clalin brought by, on behalf 

or, or in respect of any person Who has willfully caused damage which resulted In deat!l, woundl'ng, or other bodily'lnjury of a 

passenger." 

2. Each Carrier shall, at the time of delivery of the tlckel, rurnish to each passenger whose transportallon'·ls governed by the 

Convention, or the Convention as amended by the Hague Protocol, end by the speCIW 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 lnk contrasting wllh the slock on (l) each ticket: {II) 

a piece or paper either placed In the ticket envelope with the ticket or attached to the ticket;. or (Ill) on the ticket envelope; 

"ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY 

Passengers on a journey invol~ing an ultimate destination or a stop'ln a country other than the country of origin are advised 

thatlhe provisions of a treaty known as the Warsaw Convention may be applicatll!3 to the enllte 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 Stales of America, the ConvenUon and special contracts of carriage embodied in applicable tariffs provide lt1at the 

liability of 

{certain ]"' 

[(name of carrier) and certain other] carriers parties to such special contracts for death of or personal injury to passengers is 

limited in most cases to proven damages not to exceed US $75,000 per passenger, and that this liability up lo such limit shall not 

• depend on negllgenre on the part or the carrier. For such passengers traveling by a carrier not a party to such spacial contracts or 

on a journey not to, from, or having an agreed slopping place in the United States or America, liability or the carrier for death or 

personal injury lo passengers is limited In most cases to appro.xlmately US $10,000 or US $20,000 .. 

The names of Carriers parties to such special contracts are available at all ticket offices of such carriers and may be 

examined on request. 

Additional protection can usually be obtained by purchasing insurance from a private cornpany. Such insurance Is not 

affected by any limitalion of the carrier's liability under the Warsaw Convention or such special contracts of carriage. For further 

information please consult your alr1ine or insurance company representative," 

3. [This Agreemenl was filed with the Civil Aeronautics Board of tha United Stales. The Board approved it by Order E-23660, 

adopted May 13, 1966. The Agreement (Agreement 18900) became effer:.:Uve May 16, 1966. On January 1,1985, this Agreement 

became the responsibility of the Department of Transportation (DOT) by operation of law.] ' 

4. This Agreement may be signed in any number of counterparts, all of which shall constitute one Agreement. Any Carrier may 

become a party to this Agree.ment by signing a counterpart hereof and deposiiing it lMth D~n. 

nths' written notice of withdrawal to DOT 

(Name and Address of Carrillr) .!..!H~aw!!.!ai!!!li~ale!jl A~i:!!Jrlii!.l'ne~s!L.!!.!In~c. ___________ _ 

OST Form 4523 (FonnerlyCAB Form 263) P.O. Box !30008 I Honolulu, Hawaii 96620-0008 '·.·················································· ···--·-·-···········~....,..,...,.,.~ ... -.~·.·