## •• THOMPSON 

# r COBURN LLP

June 10,2014



### VIA ELECTRONIC FILING Chief, Docket Management Facility U.S. Department of Transportation 1200 New Jersey Avenue, S.E. West Building

- Grouhd Floor Room W12-f40 Washington, 

## bc 20590
Re: AirTran Airways, Inc. 's Agreement Relating to International Air Carrier Liabilitv Limits, Docket OST-2005-226l7
Dear Sir or Madam: WlllTCnL. Dean. Jr

. P 202.585.6908 F 202.508.10 IJ wdcan@thompsoncoburn.com

Attached for filing in the above-referenced docket, please fmd AirTran Airways, Inc.' s executed 2006 Implementing Provisions Agreement, as amended. If you have any questions regarding the attached, please do not hesitate to contact me. Very truly yours, Thompson Coburn LLP



### By Warren L. Dean, Jr. Enclosure

cc: Donald H. Hom, Esq. Assistant General Counsel for International Law U.S. Department of Transportation (via e-mail)

5911656.1
Thompson Coburn UP 1Attorneys at low 

### I 1909 KStreet, N.W. 1 Suite 6001 Washington, D.C. 20006 P 202.585.6900 

### I F 202.585.6969 

### I www.thampsoncoburn.comIMPLEMENTING PROVISIONS AGREEMENT UNDER THE WARSAW AND MONTREAL CONVENTIONS.

TO BE INCLUDED IN CONDmONS OF CARRIAGE AND TARIFI"S CONCERNING CARRIER LIABILITY TO PASSENGERS

I. Pursuant to the Warsaw Convention, 1929, the Warsaw Convention as amended atthe Hague, 1955 and by Protocol NO.4 ofMontreal, 1975 (collectively the Warsaw Convention); and the Montreal Convention, 1999, each ofthe undersigned carriers ("the Carrier") shall include the following in its conditions ofcarriage, including tariffs embodying conditions ofcarriage filed by itwith any government for all international carriage or transportation, as defined inthe Warsaw Convention orthe Montreal Convention, whichever may apply to such transportation: "A. The Carrier shall be liable under Article 17ofthe Warsaw Convention or Montreal Convention, whichever may apply, for recoverable compensatory damages sustained inthe case ofdeath or bodily injury ofa passenger, as provided inthe following paragraphs: (I) The Carrier shall not be ableto exclude or limit its liability for damages not exceeding 113,I00 Special Drawing Rights for each passenger. (2) The Carrier shall not be liable for damages to the extentthat they exceed 113,100 Special Drawing Rights for each passenger ifthe Carrier proves that: (a) such damage was not due to the negligence or other wrongful act or omission ofthe Carrier or its servants or agents; or (b) such damage was solely due to the negligence or other wrongful act or omission of athird party. (3) The Carrier reserves all other defenses and limitations available under the Warsaw Convention orthe Montreal Convention, whichever may apply, to such claims including, but not limited to, the exoneration defense ofArticle 21 ofthe Warsaw Convention and Article 20 ofthe Montreal Convention, except thatthe Carrier shall not invoke Articles 20 and 22(1) ofthe Warsaw Convention ina manner inconsistent with paragraphs (1) and (2) hereof. (4) With respect to third parties, the Carrier reserves allrights ofrecoutse against any other person, including, without limitation, rights ofcontribution and indemnity. (5) The Carrier agrees that, subject to applicable law, recoverable compensatory damages for such claims may be determined by reference to the laws ofthe country ofthe domicile or country ofpermanent residence ofthe passenger.B. In cases ofbodily injury or death, the Carrier shall make an advance payment where the Carrier determines itis necessary to meet the immediate economic needs ot; and hardship suffered by, a passenger as provided inthe following paragraphs: (I) Unless a dispute arises over the identity ofthe person to whom an advance payment shall bemade, the Carrier shall, without delay, make the advance payment to the passenger in an amount or amounts determined by the Carrier in its sole discretion. Inthe event of death ofa passenger, the amount ofthe advance payment shall not be lessthan 16,000 Special Drawing Rights, which shall be paid to a representative ofthe passenger's next ofkin eligible to receive such advance payment as determined by the Carrier in its sole discretion. (2) The Carrier shall make the advance payment as an advance against the Carrier's liability under the Warsaw Convention, or the Montreal Convention, whichever may apply. An advance payment shall not constitute recognition of liability. An advance payment shall be offset against, or deducted fromthe payment ot; any settlement orjudgment with respect to any claim for compensation on behalf of the passenger. (3) The Carrier, inmaking an advance payment, does not waive any rights, defenses, or limitations available under the Warsaw Convention, orthe Montreal Convention, whichever may apply, to any claim, nor shall acceptance of an advance payment constitute arelease of any claim, whatsoever, by any person. (4) The Carrier, inmaking an advance payment, preserves itsright to seek contribution or indemnity from any other person for such payment, which shall not be deemed to be a voluntary contribution or contractual payment on the part ofthe Carrier. (5) The Carrier may recover an advance payment from any person where it isproven that the Carrier isnot liable for any damage sustained by the passenger, or where it isproven that the person was not entitled to receive the payment, or where and to the extent that it isproven that the person who received the advance payment caused, or contributed to, the damage. C. The Carrier shall be liable for damage occasioned by delay inthe carriage of passengers by air, as provided inthe following paragraphs: (1) The Carrier shall not be liable ifit proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage, or that itwas impossible for it orthem to take such measures. (2) Airport, airtraffic contro~ security, and other facilities or personnel, whether public or private, not under the control and direction ofthe Carrier are not

- 2-servants or agents ofthe Carrier, and the Carrier is not liableto the extent the delay is caused by these kinds offacilities or personnel. (3) Damages occasioned by delay are subject to the tenns, limitations and defenses set forth inthe Warsaw Convention andthe Montreal Convention, whichever may apply. They include foreseeable compensatory damages sustained by apassenger and do not include mental injury damages. (4) The Carrier reserves all defenses and limitations available under the Warsaw Convention orthe Montreal Convention, whichever may apply to claims for damage occasioned by delay, including, but not limited to, the exoneration defense ofArticle 21 ofthe Warsaw Convention and Article 20 ofthe Montreal Convention. Under the Montreal Convention, the liability ofthe Carrier for damage caused by delay is limitedto 4,694 SDR per passenger. The limits of liability shall not apply incases described in Article 25 ofthe Warsaw Convention or Article 22 (5) ofthe Montreal Convention, whichever may apply. D. The Carrier is liable for damages sustained inthe case of destruction or loss of; damage to, or delay of checked and unchecked baggage, as provided inthe following paragraphs: (1) Except as provided below, the liability ofthe Carrier is limitedto 1,131 Special Drawing Rights for each passenger inthe case ofdestruction, loss, damage, or delay ofbaggage, whether checked or unchecked, under the Warsaw Convention orthe Montreal Convention, whichever may apply. Unless the passenger proves otherwise: (a) all baggage checked by a passenger shallbe considered to bethe property ofthat passenger; (b) a particular piece ofbaggage, checked or unchecked, shall not be considered to bethe property ofmore than one passenger; and (c) unchecked baggage, including personal items, shall be considered to bethe property ofthe passenger inpossession ofthe baggage at the time of embarkation. (2) Ifapassenger makes, atthe time checked baggage is handed to the Carrier, a special declaration of interest and has paid a supplementary sum, ifapplicable, the Carrier will be liable for destruction, loss, damage, or delay of such checked baggage in an amount not exceeding the declared amount, unless the Carrier proves that the declared amount is greater than the passenger's actual interest in delivery at destination. The declared amount, andthe Carrier's liability, shallnot exceed the total amount ofdeclaration pennissible under the Carrier's regulations, inclusive ofthe limitation ofparagraph D.(1) hereof. Inthe case oftransportation under the Warsaw Convention, no supplementary sum shall apply unless the .3.declared amount exceeds 19 Special Drawing Rights per kilogram ofthe total recorded weight ofthe checked baggage at the time the baggage ishanded tothe Carrier. Nevertheless, the Carrier may impose charges for pieces ofbaggage in excess of any free allowance the Carrier mayprovide. (3) In the case ofunchecked baggage, the Carrier isliable only to the extent the damage resulted from its mult, or that of its servants or agents. (4) The Carrier is not liable fur destruction, loss, damage, or delay ofbaggage not in the charge ofthe Carrier, including baggage undergoing security inspections or measures not under the control and direction ofthe Carrier. (5) The Carrier reserves all defenses and limitations available under the Warsaw Convention and the Montreal Convention, whichever may apply to such claims including, but not limitedto, the defense ofArticle 20 ofthe Warsaw Convention and Article 19ofthe Montreal Convention, andthe exoneration defense of Article 21 ofthe Warsaw Convention and Article 20 ofthe Montreal Convention, except that the Carrier shall not invoke Article 22(2) and (3) ofthe Warsaw Convention in a manner inconsistent with paragraph (I) hereof. The limits of liability shall not apply in cases described inArticle 25 ofthe Warsaw Convention or Article 22 (5) ofthe Montreal Convention, whichever may apply. E. Under the Warsaw Convention andthe Montreal Convention, whichever may apply, an action for damages must bebrought within two years, and a complaint must be made to the carrier within seven calendar days inthe case ofdamage to baggage, and 21 calendar days inthe case of delay thereof." II. The Carrier may provide each passenger whose transportation is governed by the Warsaw Convention or the Montreal Convention with the following notice:

"ADVICE TO INTERNATIONAL PASSENGERS ON CARRIER LIABILITY Passengers on ajourney involving an ultimate destination or a stop ina country other than the country of departure are advised that international treaties known as the Montreal Convention, or itspredecessor, the Warsaw Convention, including its amendments, may apply to the entirejourney, including any portion thereof within a country. For such passengers, the treaty, including special contracts of carriage embodied in applicable tariffs, governs and may limitthe liability ofthe Carrier inrespect ofdeath or injuryto passengers, and fur destruction or loss of, or damage to, baggage, and for delay ofpassengers and baggage." For services provided inthe EU, the Carrier mayuse the following Notice inaddition tothe preceding notice:

- 4.

### ''Limits ofLiability: The applicable limits ofliability for yourjourney on aflight

ticketed bythis carrier are: I. There are no fmanciallimits fordeath or bodily injury and the air carrier may make an advancepayment to meet immediate economic needs ofthe person entitled to claimcompensation; 2. Inthe case ofdestruction, loss of, or damage ordelayto baggage, 1,131 Special Drawing Rights per passenger inmost cases. You may benefit from a higher limitofliability for loss of, damage or delayto baggage by making at check-in a special declaration ofthe value ofyour baggage and paying any supplementary feethat may apply. Alternatively, ifthe value ofyour baggage exceeds the applicable limit ofliability, you should fully insure itbefore youtravel; 3. Inthe case of delayto yourjoumey, 4,694 Special Drawing Rights per passenger. Ifyourjourney also involves carriage by other airlines, you shouldcontact them for information on their limitsof liability." III. Any amount mentioned interms 0

### fSpecial Drawing Rights shallbe converted into national currency according to the value ofsuch currency atthe date ofjudgment or settlement, as the case may be, or atthe time ofpayment inthe absence of anyjudgment or settlement. The amount ofthe limits of liability set forth inthis Agreement shallbe amended to reflect any revision ofthe limits ofliability ofthe Montreal Convention under Article 24 thereof, and notice ofthe amended amounts shallbe filedwith the U.S. Department ofTransportation. The effective date ofthe amended amounts shallbe the date the revised limits come into force underthe Montreal Convention. IV. This Agreement shall apply to carriage/travel to and from all countries, except Canada. As ofthe execution date ofthis Agreement, the Canadian Transportation Agency ("CTA") has not approved or implemented this Agreement for use inCanada. Upon approval ofthis Agreement by the CTA, the Carriers shall apply this Agreement to carriage/travel to and from all countries, including Canada. The execution and implementation ofthis Agreement shall constitute a withdrawal bythe Carrier from the lATA Intercarrier Agreement andthe ATA's Provisions Implementing the lATA Carrier Agreement, which were approved byDOT Order 97-1-2, relating to the liability limits ofthe Convention forthe Unification ofCertain Rules Relating to International Transportation byAir signed at Warsaw October 12, 1929;however, said withdrawal shallnot become effective until, andto the extent that, theprovisions inthe Carrier's conditions ofcarriage adopted pursuant to Paragraph I ofthis Agreement take effect.as provided inParagraph VIII. V. Nothing inthis Agreement shallbe deemed to affect the rights ofthe passenger, the claimant and/or the Carrier under the Montreal Convention orthe Warsaw Convention, whichever maybe applicable, other than as provided inParagraph I herein. Ifanyprovision ofthis Agreement is

- 5

-determined by a court ofcompetent authority to be prohibited or unenforceable, it sball as to that

jurisdiction be ineffective only to the extent of such probibition or unenforceability without invalidating the remaining provisions ofthis Agreement. Any such prohibition or unenforceability inone jurisdiction shall not invalidate or render unenforceable that provision in any otherjurisdiction. VI. The Carrier may encourage other carriers engaged in international carriage or transportation as defined inthe Convention to become party to this Agreement or any other satisfactory implementation ofthe Montreal Convention. VII. This Agreement shall be filed with the U.S. Department ofTransportation for approval pursuant to 49 U.S.C. sections 41308 and 41309 and filed with other governments as required. This Agreement shall become effective upon approval by that Department under 49 U.S.C. section 41309. Action by that Department to provide that the adherence to, and the implementation of, this Agreement by the Carrier shall constitute compliance with allregulations ofthat Department that incorporate the liability rules ofthe Warsaw Convention or the Montreal Convention. ' 

## vm. This Agreement may be signed in any numherQfcounterparts, all ofwhich shall constitute one agreement. Any carrier may become aparty to this Agreement by signing a counterpart hereof and depositing itwith the U.S. Department ofTransportation inDocket OST-2005-226l1. Within 60 days ofdeposit ofthe Agreement, the Carrier will file amendments to its tariff, ifany, reflecting the new conditions of carriage as set forth inthe Agreement. In addition, each Carrier wiU deposit inDocket OST.2005.22611 anotice ofthe effectiveness ofthe new tariffand/or conditions of carriage.

•

4730641.11

-6-