e Docket OST 95-236

U.S. Department of Transportation

Office of the SecretalY of Transportation AGREEMENT

The undersigned carriers (hereinafter referred to as "the Caniel'8") 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 govemment:

"The carrier shall avail Itself of the limitation of liability provided In the Convention for the Unification of CertaIn Rules

Relating to Intemational Carriage by Air signed at Warsaw October 12th, 1929, or provided in the said Convention as amended by

the Protoeoi signed at The Hague September 28th, 1955. However, in accordance with Artlcle 22(1) of said Convention, or said

Convention as amended by said Protocol, the Carrier agrees thIIt, as to aUinternational 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 of America as a point of origin, point of destination, or agreed stopping place

(1) The limit of liability for each passenger for death, v.Qundlng, 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 v.nere provision is made for separate

award of legal fees ~nd costs, the limit shall be the sum of US $58,000 elCClusiveof 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,

avsllitself 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 v.no has willfully caused damage which resulted in death. wounding, or other bodily injury of a

passenger."

2. Each Carrier shall, at the time of dellv8lY of the ticket, fumish to each passenger v.nose transportation is governed by the

Convention, or the Convention as amended by the Hague Protocol, and by the special con1raCtdescribed in paragraph 1, the following

notice. v.nlch shall be printed In type et laast as large as 10 point modem type and in Ink contrasting with the stock 00 (i) each ticket; (iI)

a piece of 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 L1ASILITY

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 knOY.1'l as the Waraaw Convention may be applicable to the entire Joumey, Induding any portion

entirely within the country of origin or destination. For such passengers on a joumey 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 r

{(name of carrier) and certain other) catriel'8 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 to such limit shan not

depend on negligence on the part of the 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 of America. liability of the carrier for death or

personallnjulY to passengers is limited in most casas to approximately 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 company. Such insuranca Is not

affected by any limitation of the camer's Uability under the Warsaw Convention or such special contracts of carriage. For further

information please consult your airline or Insuranca company representative."

3. [This Agreement was filed with the Civil Aeronautics Board of the United States. The Board approved it by Order E-23680,

adopted May 13,1966. The Agreement (Agreement 18900) b&came effective 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 sign6d In any number of counterparts, all of v.nich shall constitute one Agreement. Any Carrier may

become 8 parlyto this Agreement by signing a counterpart hereof and depositing it with DOT.

5. Any Carrier party hereto may 'Nithdrew from this Agreement by giving 41. I ~~Wcll to DOT

and the other Carriers parties to the Agreement. c:-." 2"" VI,!

(Signature and Data} V II

"Either aIlemotivemay be used.

(PrInted Name and TIlle) David C Schembri CEO

•

(Name andAdOress of carrier) USA Jet Airlines, Inc.

CST Form 4523 (Formet1yCAB Form ZU) d/b/a USA Jet

2068 E Street

Belleville, MI 48111