### U.S. Department ofTransportation Office ofthe Secretary ofTransportation 

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### Docket OST 95-236 

# AGREEMENT 

# ·--------------· The undersigned carriers (hereinafter referred to as "the Carriers") hereby agree as follows: 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 itselfofthe 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 atThe Hague September 28th, 1955. However, in accordance with Article 22(1) ofsaid Convention, or said Conventton as amended by said Protocol, the Carrier agrees that, as to all international transportation bythe Carrieras defined in the said Convention orsaid 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 ofliabilityfor each passenger for death, wounding, orother bodily injuryshall bethe sum of US $75,000 inclusive of legal fees and costs, except that. in case ofa claim brought in a State where provision is madefor separate award of legal fees and costs, the limit shalt be the sum of US $58,000 exclusive of legal fees and costs. 

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

### 2. Each Carrier shall, 

### at the time ofdelivery ofthe ticket, furnish to each passengerwhose transportation is governed bythe Convention, orthe 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 feast 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) onthe ticket envelope: ''ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY Passengers on 

## ajourney involving an ultimate destination or

## a stop in a country otherthan the country of origin are advised that the provisions ofa treaty known as the Warsaw Convention may be applicable to the entire journey, including any portion entirety within the country of origin or destination. For such passengers on ajourney to, from. or with an agreed stopping place in the United States of America, the Convention and special contracts of carriage embodied ir\ applicable tariffs provide that the liability of (certain ]' [(name of carrier) and certain other) carriers parties to such special contracts for death ofor pensonal injury to passengens is limited in most cases to proven damages not to exceed US $75,000 per passenger, and that this liability upto such limit shall not depend on negligence on the part ofthe carrier. For such passengers traveling by a carrier not a partyto such special contracts or on ajourney not to, from, or having an agreed stopping place in the United State$ ofAmerica, liability ofthe carrierfor death 

### or personal injury to passengers is limited in most cases to approximately US $10,000 or US $20.000. The names ofCarriers parties to such special contracts are available 

### atall ticket offices ofsuch carriers and may be examined on request. Additional protection can usually be obtained by purchasing insurancefrom a private company. Such insurance is not affected by any limitation of the carrier's liabifity under the Warsaw Convention or such special co.ntracts of carriage. Forfurther information please consult your airline or insurance company representative." 3. [This Agreementwas filed with the Civil Aeronautics Board 

### of the United Slates. The Board approved it by Order E-23680, adopted May 13, 1966. The Agreement (Agreement 18900) became effective May 16, 1966. On January 1. 1985, this Agreement became the responsibility ofthe Department ofTransportation (DOT) by operation of law.] 

### 4. This Agreement may be signed in any number ofcounterparts, all ofwhich shall constitute one Agreement. Any Carrier may become a partyto this Agreement by signing a counterpart hereofand depositing it witt), DOT. 

### 5. Any Carrier party hereto maywithdraw from this Agreement by giving twelv

### }~)mont ,written noticeofwithdrawal to DOT and the other Carriers parties to the Agreement. · ' / _.. 

## L3'
'F.itheralternative may be used.

OST Form 4523 (FormerlyCAB Form 263) (Signature and Date)-

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