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

# AGREEMENT Docket OST 95-236

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The undersigned carriers (hereinafter referred to as "the Carriers") hereby;agree as.fo\IOW!>:-; 

# !: L;. !.:::< 1. Each of the Carriers Shall, effective May 16, 1966, include the

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### ~s conditions of carriage, Including tariffs embodying conditions of carriage filed by it with any government: "The Carrier shall avail itself ofthe limitation of liability provided in the Convention forthe Unification of Certain Rules Relating to International Carriage by Air signed atWarsaw October 12th, 1929, orprovided in the sa.id Convention as amended by the Protocol signed atThe Hague September28th, 1955. However, In accordance with Article 22(1) ofsaid Convention, or said Convention as amended by said Protocol, the Carrieragrees that, as to all international transportation by the Carrieras 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 aclaim brought ill 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 oflegal fees and costs

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

. 2. Each Carrier shall, atthe time of delivery ofthe ticket, furnish to each passengerwhose transportation is governed bythe Convention, orthe Convention as amended by the Hague Protocol, arid bythe**sp~cial** contract described In paragraph 1, the following notice, which shall be printed in type at least as large as 10 point modem 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 ajoumey involving an ultimate destination orastop in a country otherthan the.country of origin are advised thatthe provisions ofatreaty known as the Warsaw Convention may be applicable to the entire journey, including any portion entirely within the country of origin or destination. Forsuch passengers on ajoumeyto, from, or with an agreed stopping place in the United States ofAmerica, the Convention and special contracts of carriage embodied in applicable tariffs provide thatthe liability of [certain ]* [(name of carrier) and certain other] carriers parties to such special contracts for death ofor personal injury to passengers is limited in most cases to proven damages notto exceed US $75,000 per passenger, and thatthis liability up to such limit shall not depend on negligence on the part ofthe carrier. For such passengers traveling byacarrier not aparty to such special contracts or on ajoumey not to, from, or having an agreed stopping place in the United States 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 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 aprivate company. Such insurance is not affected by any limitation·ofthe carrier's liability underthe Warsaw·convention or such special contracts ofcarriage. Forfurther

· 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, 1985, this Agreement became the responsibility ofthe Department of Transportation (DOT) by operation of Jaw.) 4. This Agreement may be signed in any number ofcounterparts, all ofwhich shall constitute one Agreement Any Carrier may become a party to this Agreement by signing a counterpart hereof and depositi • · DOT. · 5. Any Carrier party hereto may withdraw from this Agreement by giving e (1 ) m s'

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