### Application of 

### BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

BLUE JET SP. Z 0.0. Docket DOT-OST-2014-0026 for an exemptionunder 49 U.S.C. § 40109 and a foreign air carrierpermitunder 49 U.S.C. §41301


### APPLICATION OF BLUE JET SP. Z 0.0. FOR REISSUANCE OF FOREIGN AIR CARRIERPERMIT AND EXEMPTION AUTHORITY Communications withrespectto this document should be addressed to:

May 28,2015 Gary B. Garofalo Erin Tallardy Katz Jason E. Maddux Garofalo Goerlich Hainbach PC 1200NewHampshire Avenue NW Suite 590 Washington, D.C. 20036-6802 Tel: 202-776-3970 Fax: 202-776-3975 ggarofalo@ggh-airlaw.com ekatz@ggh-airlaw.com jmaddux@ggh-airlaw.com Counsel for BlueJet Sp. z o. o.

### Application of 

### BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

BLUE JET SP. Z 0.0. Docket DOT-OST-2014-0026 for an exemptionunder 49 U.S.C. 

### §40109 and a foreign air carrier permitunder 49 U.S.C. 

### §41301


### APPLICATION OF BLUE JET SP. Z 0.0. FORREISSUANCE OF FOREIGN AIR CARRIERPERMIT AND EXEMPTION AUTHORITY In accordance with Part 215 of the Department's Economic Regulations, Blue Jet Sp. z o.o. ("Blue Jet") hereby requests registration with the Department ofBlue Jet's new corporate name, Jet Story Sp. z o.o., and reissuance of Blue Jet's foreign air carrier permit in its new corporate name. Blue Jet further requests exemption authority under 49 U.S.C. 

### § 40109 to the extent necessary to enable it to continue to provide the services described below in its new name pending reissuance of the foreign air carrier permit and such additional or other relief as the Departmentmay deem necessary or appropriate. In support ofits application, Blue Jet states as follows: 1. Blue Jet is a Polish air carrier holding an Air Operator Certificate from the Polish Civil Aviation Office. That office has been notified ofthe name change and, upon information and belief, is in the process ofreissuing the Air Operator Certificate in the new name. Once the AOC has been issued, it will be submittedto the Department.

## 2. Blue Jet holds a foreign air carrier permit issued by Order 2014-11-16 (Nov. 25, 2014) inthis docket. Atthattime, the Departmentfound it inthe public interestto grant Blue Jet a foreign air carrier permit. Pursuant to this authority, Blue Jet operates ad hoc and ondemand foreign charter air transportation with businessjet size aircraft, primarily between points in Europe andpoints in the United States. 3. Pursuant to the trademark litigation settlement agreement between Blue Jet and JetBlue, Blue Jet is changing its corporate name to Jet Story Sp. z o.o. ("Jet Story"). An extract from the Polish National Court Register showing the company's name is Jet Story Sp. z o.o. is attached as ExhibitA. 4. This name change is a change ofthe corporate name only; there is no change to the carrier's operations, ownership, or management. As such, the carrier is only requesting reissuance ofthe foreign air carrierpermitwiththe updated corporate name, exemption authority in its new name pending reissuance ofthe foreign air carrier permit, and such additional or other reliefas the Departmentmay deem necessary or appropriate. 5. Based on information and belief, Jet Story Sp. z o.o. is not identical or similar to the name ofany other certificated, commuter, or foreign air carrier. 6. A signed OST Form4523 inthe carrier'supdated name is attached as Exhibit B. WHEREFORE, Blue Jet Sp. z o.o. requests thatthe Departmentregisterthe name change to Jet Story Sp. z o.o. and reissue its foreign air carrier permit in that name, issue exemption authority in its new name to the extent necessary pending reissuance ofthe foreign air carrier 2

## permit, and issue such additional or other relief as the Department may deem necessary or appropriate. Oral action is requested at the earliest possible time with written**confirrilatio~** 

## to follow indue course.

# ~ly,bnll~~.**d,~**

# J~ 

# ./ .**~h~** Gary B. Garofalo ErinTallardyKatz JasonE. Maddux 

## Counsel forBlueJetSp. z o. o.

3

### CERTIFICATE OF SERVICE Ihereby certifythat a copy ofthe foregoing application, including all exhibits, has been providedby email onMay 28, 2015, to each ofthe following persons: J. Parker Erkmann, Esq. perkmann@cooley.com Michael Jessie, FAANew York International Field Office michael.jessie@faa.gov

## EXHIBITA BLUEJET SP. Z 0.0.Warsaw/ May26 1 2015
To Customers/Contractors Blue Jet Sp. zo.o. ul. 17 Stycznia 47 Statistical Number (REGON): 013095163 Tax Identification Number (NIP): 5272150584 KRS:187101 Re: information on the change ofthe Company's corporate name
Dear Sirs, the Management Board of Blue Jet Sp. zo.o. with its registered office in Warsaw at ul. 17 Stycznia 47 ("the Company") kindly informs that as of May 25, 2015, the Company changed its corporate name to: Jet Story Sp6tka zograniczonct odpowiedzialnoscict. The change ofthe corporate name was registered by the decision ofthe District Court for the capital city ofWarsaw in Warsaw, 13th Commercial Division in case number23391/15/836. Atthe same time, we would like to informthat onlythe corporate name has been changed. All ofthe most important data, including NIP (Tax Identification Number), KRS (National Court Register), number ofthe bank account, the address ofthe registered office as well as mobile and fixed phone numbers, remain the same. However, the e-mail address has been changed - new general e-mail address is: 

### office@jetstory.com, and the personal addresses were created according to the following pattern:

### name@jetstory.com. The change ofthe Companyls corporate name does not affect the relations with its Customers and Contractors - we simply ask you to take the new name into consideration while addressing any correspondence tothe Company and use it in all documents that are issued forthe Company. The current Companyls details are as follows: Jet Story Sp. zo.o. ul. 17 Stycznia 47 Statistical Number (REGON): 013095163 Tax Identification Number (NIP): 5272150584, KRS:l87101 Appendix:

- recent extractfrom the National Court Register as of May 25, 2015 Yours faithfully,Print-out reference number: RP/1871 01/26/20150525162246 

### CENTRAL INFORMATION DIVISION OF THE NATIONAL COURT REGISTER NATIONAL COURT REGISTER Status as of May 25, 2015, time: 16:22:46 

### KRS No.: 0000187101 Information corresponding to the current excerpt FROM THE REGISTER OF ENTREPRENEURS Page 1 of 1



### collected pursuant to Article 4 section 4aa of the Act of August 20, 1997 on the National Court Register (Journal of Laws of 2007, No. 168, item 1186, as amended) January 12, 2004 2015



### .,,...,.., ....··. DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, 13TH 

### COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER 

### Section 1

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### JUNE 10, 1998, ASSISTANT NOTARY JAKUB SZYMCZAK, DEPUTY OF ANNA CHEt.STOWSKA, NOTARY IN WARSAW, REP. A 4199/98 DECEMBER 17, 2003, NOTARY ANNA CHEt.STOWSKA IN WARSAW, AMENDMENT TO §: 6, 7, 8, 9, 11, 12, 13, 15, 16 19 22 24 25 28 29 30 DELETION OF : 31 32 FEBRUARY 2, 2006, NOTARY DARIUSZ WIERZCHUCKI IN WARSAW, REP. A 595/2006 AMENDMENT TO §§ 6, 8, 9, 22, 26, § 11 SHALL BECOME § 11 SECTION 1 AND SECTIONS 2 3 SHALL BE ADDED JANUARY 20, 2009, ASSISTANT NOTARY KAROLINA PIETKIEWICZ-MURAWSKA, DEPUTY OF NOTARY DARIUSZ WIERZCHUCKI, NOTARIAL OFFICE IN WARSAW, REP. A NO. 251/2009, AMENDMENT TO§ 2; § 8 JULY 15, 2009, DARIUSZ WIERZCHUCKI, NOTARY IN WARSAW, REP. A NO. 4573/2009, AMENDMENT TO: § 8, § 11 DECEMBER 15, 2009, NOTARIAL DEED REP. A NO. 8966/2009, NOTARIAL OFFICE IN WARSAW, NOTARY DARIUSZ WIERZCHUCKI AMENDMENT TO 

### 6 MAY 15, 2015, TRAINEE NOTARY MILENA GA_SIORKIEWICZ, DEPUTY OF NOTARY DARIUSZ WIERZCHUCKI, NOTARIAL OFFICE IN WARSAW, REP. A NO. 3140/2015, AMENDMENT TO 2 OF THE ARTICLES OF ASSOCIATION

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51,000 SHARES WITH TOTAL VALUE OF PLN 25 500 000 NO



### Section 2

IFTHE MANAGEMENT BOARD IS COMPOSED OF ONE MEMBER- A MEMBER OF THE MANAGEMENT BOARD ACTING AS THE PRESIDENT OF THE MANAGEMENT BOARD AND A PROXY, EACH OF THEM BEING AUTHORIZED TO SOLE AND INDEPENDENT REPRESENTATION. IF THE MANAGEMENT BOARD IS COMPOSED OF SEVERAL MEMBERS- TWO MEMBERS OF THE MANAGEMENT BOARD JOINTLY OR A MEMBER OF THE MANAGEMENT BOARD JOINTLY WITH A PROXY.Print-out reference number: RP/187101/26/20150525162246 Page 4 of4



### Section 3
77 1 35 1 Z, RENTAL AND LEASING OF AIR TRANSPORT EQUIPMENT 28, 99, Z, MANUFACTURE OF OTHER SPECIAL-PURPOSE MACHINERY NOT ELSEWHERE CLASSIFIED 30, 30, Z, MANUFACTURE OF AIR AND SPACECRAFT AND RELATED MACHINERY 33, 16, Z, REPAIR AND MAINTENANCE OF AIRCRAFT AND SPACECRAFT 46, 14, Z, AGENTS INVOLVED IN THE SALE OF MACHINERY, INDUSTRIAL UIPMENT SHIPS AND AIRCRAFT

FROM 01.01.2003 TO 31.12.2003 12.04.2005 01.01.2004 31.12.2004Print-out reference number: RP/1871 01/26/20150525162246 Page 5 of5 

### 16.08.2006 01.01.2005
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print-out date: May 25, 2015 website which sets out all the information from the register: https:/ /ems.ms.gov.pl

## EXHIBIT B BLUEJET SP. Z 0.0.

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

### AGREEMENT DocketOST 95-236

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 anygovernment: "The Carrier shall avail itselfofthe limitation ofliability provided in the Convention for the Unification ofCertain Rules Relating to International Carriage byAirsigned atWarsaw October 12th, 1929, or provided in the said 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 Carrier agreesthat, as to all international transportation bythe Carrier as defined in the said Convention orsaid Convention as amended by said Protocol, which, according to the contract ofCarriage, includes a point in the United States ofAmerica as a point oforigin, point ofdestination, oragreed stopping place (1) The limit ofliabilityfor each passengerfor death, wounding, orother bodily injury shall be the sum ofUS $75,000 inclusive oflegal fees and costs, except that, in case ofa claim brought in a State where provision is made for separate award of legal fees and costs, the limit shall bethe sum ofUS $58,000 exclusive oflegal fees and costs. (2) The Carrier shall not, with respect to any claim arising out ofthe death, wounding, orother bodily injury ofa passenger, avail itselfofanydefense underArticle 20(1) ofsaid Convention orsaid Convention as amended by said Protocol. Nothing herein shall be deemed to affectthe rights and liabilities ofthe Carrierwith 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, orother bodily injury ofa passenger." 2. Each Carrier shall, atthe time ofdeliveryofthe ticket, furnish to each passengerwhosetransportation is governed by the Convention, or the Convention as amended bythe Hague Protocol, and bythe 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 ofpaper either placed in the ticket envelope with the ticket orattached tothe ticket; or (iii) on the ticket envelope: "ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY Passengers on ajourney involving an ultimate destination or a stop in a country other than the country of origin are advised thatthe provisions ofa treaty known as the Warsaw Convention may be applicable to the entirejourney, including any portion entirelywithin the country oforigin ordestination. For such passengers on ajourneyto, from, orwith an agreed stopping place in the United States ofAmerica, the Convention and special contracts ofcarriage embodied in applicable tariffs provide thatthe liability of JET STORY SP. Z 0.0. [certatn 

### ]* [(name ofcarrier) and certain other] carriers parties to such special contracts for death ofor personal injuryto 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. Forsuch passengers traveling by a carrier not a partyto such special contracts or on ajourney notto, from, or having an agreed stopping place in the United States ofAmerica, liability ofthe carrierfor death or personal injuryto passengers is limited in mostcases 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 underthe Warsaw Convention or such special contracts ofcarriage. Forfurther information please consult yourairline orinsurance 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 ofTransportation (DOT) by operation oflaw.] 4. ThisAgreement may be signed in any numberofcounterparts, all ofwhich shall constitute one Agreement. Any Carrier may become a partyto this Agreement by signing a counterpart hereofand depositing itwith DOT. 5. Any Carrier party hereto maywithdrawfrom this Agreement by giving twelve

# y/J)

**mon(h~'f,vrijtteef'** noticeAf'¢JhdJi1walJo DOT and the other Garners parttes to the Agreement. i 

# U- \; \._(:/ 'b

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## 5.

**~0**

### f.s;"" (Signature and Date) ' - ' JAKUB BENKE CEO (Printed Name and Title) ------------------- *Either alternative may be used. (Name and Address ofCarrier)

**--~J~et_s_to_ry.:....s...:p~._z_o_.o_._17_S_ty:_c_z_n_la_4_7**___ _ OST Form4523 (Formerly CAB Form 263) 02-146 Warsaw, Poland