o Docket OST 15-236

u.s. OePMtmant of Transportation

Office of the Secretary of Transportlllion AGREEMENT

The undersigned camers (hereinafter referred 10 as "the Carriers") hereby agree as follows:

1. Each of the C8niers snail, effective May 18. 1968. ineJude the following in its conditions of carriage. including 1aritJs embodying

conditions of caniage filed by It with any govemment

"The Carrier shall avail itself of the limitation of lieblHty provided in the Convention for the Unilication of Certain Rules

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

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

Convention as amended by said ProIIOcaI, the Canier agrees that. as to all international transportation by the C8nier as defined in

the said Convention or said Convention as amended by said Protocol. ~, according to the contract of Carriage, indudes a

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

(1) The limit of IlabiUty for each passenger for death. wounding. or other bodily injury ahallbe the sum of US $75.000

inclusive of legal fees and costs. except that. In case of a daim brooghlln a State whenJ provision IImade for separate

award of IegIII fees and coals. the limit shall be the sum of US .$58.000 exclusive of legal fees and COISls.

(2) The Carrier shall not. with respect to any claim arising out of the death, 'Mlunding. or other bodily injury of 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 to .treet the rlghlll and liabilities of the C8nier with regard to any claim brought by. on behalf

Of. or in respect of any person who has willfully caused damage which resulted in death, V«lunding. or other bodily injury of 8

passenger:

2. Each Carrier shall. at the time of delivery of the ticket. fumish to each passenger ~ transportation is governed by the

Convention. or the Convention as amended by the Hague Protocx>l. and by the special contract described in paragraph 1. the roIlowing

notice, ..mich shell be printed in type alleaal as large as 10 point modem type and in ink contrasting with the s10ck 0/'\ (I) each tickel; (ii)

a piece of paper either placed in the ticket envelope with the ticket or a~hed to the ticket; or (ill) on the ticket 8f1velope:

"ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY

Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin 8f8 advised

that the provisionS of a treaty known as the Warsaw Convention may be applicable to the entire journey. including any portion

entirely within the CCUltry of ongln or destination. For auch passengers on a journey to, from, or with an agread stopping place in

the United Slates of America. the Convenlion and special contracts of caniage embodied In applicable tariffs provide tl'!at the

liability of

(certain ).

f(name of canier) and certain other} carriers patties 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 liabiUty up to such limit shall not

depend on negligence on the part of the carrier. For such passengers traveling by a carrier not •• party to such &pecial contrllCts or

on a journey not to, from. or haVIng an agreed stopping place In the United Statea of America, liability of the carrier for death or

personal injury to passengers is limited in most cases to apprOXimately US $10,000 or US $20.000.

The names of Carriers partias to such special contracts a,. available at all ticket offices of such carriers and may be

examined on I9qUe5l

Additional protection can uaua/ly be obtained by purchasing Insurance from a private company. Such insurance Ia not

affected by any limitation of the carrier's liability under the Warsaw Convention or auch specl8I contracts of carriage. For further

infoonatlon please consult ~ airline or insurance 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 189(0) became effective May 18, 1966. On January 1, 1985. this Agreement

became the reaponsibUity of the Department of Transportation (DOT) by operation of law.}

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

become a party to this Agreement by signing a counterpart hereof and depositing it with DOT.

5. Any Carrier party hereto may withdraw from this Agreement by giving twelve

and the other carners parties to the Agreement.

"Either alternative may be UMd.

(Signature and Date) '/ """VI \I ~I .

OST Form 4SU (Fo",*,yCAS F_ 213)

(Printed Name and TIlle) Michel Mendez President &: coo

(NatN and AddIeMotc.m.r) 2=I_A_ir.:..' _L.::LC...:.... _

Centerport n

202 CentrePort Drive

Suite 310

Greensboro, NC 27409