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Docket OST 95-236 U.S. Department of Transportation Office of the Secretary of Transportati on 

## AGREEMENT The u ndersigned carriers (hereinafter referred to as "the Carriers " ) hereby agree as follows : 1
. Each of the Carriers shall , effective May 16 , 1966 , include the following i n its conditions of carriage , incl u d i ng tariffs embodyi ng conditions of carriage filed by it with any government :

"The Carrier shall avail itself of the lim itati on of l i ability p rovided in the Convention for the Unifi cation of Certain Ru l es Relating to I nternati onal Carri age by Air signed at Warsaw October 12th , 1929 , or provided i n the said Conventi on as amended by the Protocol signed at The Hague September 28th , 1955. However, i n accordance with Article 22(1) of said Convention , or sa i d Convention as amended by sa i d Protocol, the Ca rri er agrees that , as to all international transportation by the Carrier as defined in the said Convention or said Convention as amended by said Protocol , which , according to the contract of Carri age , i ncludes a po i nt in the United States of Ameri ca as a po i nt of o ri gin , point of desti nation , or agreed stopp i ng p l ace (1) The limit of liability fo r each passenger for death , wounding , or other bodi ly i njury shall be the sum of US $75 , 000 inclusive of legal fees and costs , except that, in case of a claim brought i n a State where p rovision is made for separate award of legal fees and costs , the limit shal l be the sum of US $58,000 exclusive of legal fees and costs. (2) The Carrier sha l l not , with respect to any claim arising out of the death , wounding , or other bod i ly injury of a passenger, ava i l itself of any defense under Article 20(1) of said Convention or said Convention as amended by said Protocol. Nothing here i n shall be deemed to affect the rights and l i abil ities of the Carrier with regard to any claim brought by , on behalf of
. or i n respect of any person who has willfully caused damage wh i ch resulted in death, wounding , or other bodily injury of a passenger. " 2
. Each Carrier shall , at the time of del ivery of the ticket , furnish to each passenger whose t ransportati on is governed by the Conventi on , or the Convention as amended by the Hague Protocol , and by the speci al contract descri bed in parag raph 1 , the followi ng notice , which shall be pri nted in type at least as large as 10 po i nt modern type and in ink contrasti ng with the stock on (i) each ti cket ; ( ii ) a piece of pape r either placed in the ticket envelope with the ti cket or attached to the ti cket ; or (iii) on the ti cket enve l ope :

"ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY Passengers on a journey i nvolving an u lti mate destinati on or a stop i n a count ry other than the country of origin are advi sed that the provisions of a treaty known as the Warsaw Conventi on may be applicable to the entire journey , incl ud i ng any porti on entirely within the country of origin o r destination
. For such passengers on a journey to , f rom , or with an agreed stopping place i n the United States of America , the Conventi on and special contracts of carri age embodied in applicable tariffs provide that the l i ability of [certain ] * [(name of carrier) and certain other] carriers parties to such special contracts for death of or personal inju ry 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 l i mit shall not depend on negligence on the part of the ca rri er. For such passengers traveling by a carri er 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 , l i ability of the carrier for death or personal injury to passenge rs is limited in most cases to approximately US $10 , 000 or US $20 , 000
. The names of Carriers parties to such speci al contracts are available at all ticket offices of such carriers and may be examined on request. Additi onal protection can usually be obtained by purchasing insurance from a private company . Such insurance is not affected by any limitation of the carrier' s liabi l ity under the Warsaw Convention or such speci a l contracts of carriage
. Fo r further info rmation please consult your airline or insurance company representative ." 3
. [Th i s Agreement was filed with the Civil Aeronautics Board of the United States
. The Board approved it by Orde r E-23680 , adopted May 13 , 1966. The Agreement (Agreement 18900) became effective May 16 , 1966

_ On January 1 , 1985 , th i s Agreement became the respons i bility of the Department of T ransportati on (DOT) by operati on of l aw . ] 4
. This Agreement may be s i gned in any number of counterparts , all of wh i ch shall constitute one Agreement
. Any Ca rri e r may become a party to this Agreement by sign i ng a counterpart hereof and depositing it with DOT. 5
. Any Carrie r party hereto may withdraw from this Agreement by givi ng twelve ( 1 2) onths ' itten noti ce of withdrawal to DOT and the other Carriers parties to the Agreement. ~ 0 '7 ? /1 '
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OST Form 4523 (Formerly CAB Form 263)