•• 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:

WlllTCn L. Dean. Jr.

P 202.585.6908

F 202.508.10 I J

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 K Street, N.W. 1 Suite 6001 Washington, D.C. 20006

P 202.585.6900 I F 202.585.6969 I www.thampsoncoburn.com
IMPLEMENTING 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 at the

Hague, 1955 and by Protocol NO.4 of Montreal, 1975 (collectively the Warsaw Convention); and

the Montreal Convention, 1999, each of the undersigned carriers ("the Carrier") shall include the

following in its conditions of carriage, including tariffs embodying conditions of carriage filed by

it with any government for all international carriage or transportation, as defined in the Warsaw

Convention or the Montreal Convention, whichever may apply to such transportation:

"A. The Carrier shall be liable under Article 17 of the Warsaw Convention or

Montreal Convention, whichever may apply, for recoverable compensatory

damages sustained in the case of death or bodily injury ofa passenger, as

provided in the following paragraphs:

(I) The Carrier shall not be able to 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 extent that they exceed 113,100

Special Drawing Rights for each passenger if the Carrier proves that:

(a) such damage was not due to the negligence or other wrongful act or

omission of the Carrier or its servants or agents; or

(b) such damage was solely due to the negligence or other wrongful act or

omission of a third party.

(3) The Carrier reserves all other defenses and limitations available under the

Warsaw Convention or the Montreal Convention, whichever may apply, to such

claims including, but not limited to, the exoneration defense of Article 21 of the

Warsaw Convention and Article 20 of the Montreal Convention, except that the

Carrier shall not invoke Articles 20 and 22(1) of the Warsaw Convention in a

manner inconsistent with paragraphs (1) and (2) hereof.

(4) With respect to third parties, the Carrier reserves all rights ofrecoutse against any

other person, including, without limitation, rights of contribution 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 of permanent residence ofthe passenger.
B. In cases of bodily injury or death, the Carrier shall make an advance payment

where the Carrier determines it is necessary to meet the immediate economic

needs ot; and hardship suffered by, a passenger as provided in the following

paragraphs:

(I) Unless a dispute arises over the identity ofthe person to whom an advance

payment shall be made, 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. In the event of death ofa passenger, the amount of the advance

payment shall not be less than 16,000 Special Drawing Rights, which shall be

paid to a representative ofthe passenger's next of kin 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 from the payment ot; any

settlement or judgment with respect to any claim for compensation on behalf of

the passenger.

(3) The Carrier, in making an advance payment, does not waive any rights, defenses,

or limitations available under the Warsaw Convention, or the Montreal

Convention, whichever may apply, to any claim, nor shall acceptance of an

advance payment constitute a release of any claim, whatsoever, by any person.

(4) The Carrier, in making an advance payment, preserves its right 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

of the Carrier.

(5) The Carrier may recover an advance payment from any person where it is proven

that the Carrier is not liable for any damage sustained by the passenger, or where

it is proven that the person was not entitled to receive the payment, or where and

to the extent that it is proven 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 in the carriage of

passengers by air, as provided in the 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 it was

impossible for it or them to take such measures.

(2) Airport, air traffic contro~ security, and other facilities or personnel, whether

public or private, not under the control and direction ofthe Carrier are not

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servants or agents of the Carrier, and the Carrier is not liable to the extent the

delay is caused by these kinds of facilities or personnel.

(3) Damages occasioned by delay are subject to the tenns, limitations and defenses

set forth in the Warsaw Convention and the Montreal Convention, whichever may

apply. They include foreseeable compensatory damages sustained by a passenger

and do not include mental injury damages.

(4) The Carrier reserves all defenses and limitations available under the Warsaw

Convention or the Montreal Convention, whichever may apply to claims for

damage occasioned by delay, including, but not limited to, the exoneration

defense of Article 21 ofthe Warsaw Convention and Article 20 of the Montreal

Convention. Under the Montreal Convention, the liability ofthe Carrier for

damage caused by delay is limited to 4,694 SDR per passenger. The limits of

liability shall not apply in cases described in Article 25 of the Warsaw

Convention or Article 22 (5) of the Montreal Convention, whichever may apply.

D. The Carrier is liable for damages sustained in the case of destruction or loss of;

damage to, or delay of checked and unchecked baggage, as provided in the

following paragraphs:

(1) Except as provided below, the liability ofthe Carrier is limited to 1,131 Special

Drawing Rights for each passenger in the case of destruction, loss, damage, or

delay of baggage, whether checked or unchecked, under the Warsaw Convention

or the Montreal Convention, whichever may apply. Unless the passenger proves

otherwise:

(a) all baggage checked by a passenger shall be considered to be the

property of that passenger;

(b) a particular piece of baggage, checked or unchecked, shall not be

considered to be the property of more than one passenger; and

(c) unchecked baggage, including personal items, shall be considered

to be the property ofthe passenger in possession ofthe baggage at

the time of embarkation.

(2) If a passenger makes, at the time checked baggage is handed to the Carrier, a

special declaration of interest and has paid a supplementary sum, if applicable, 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, and the Carrier's liability, shall not

exceed the total amount of declaration pennissible under the Carrier's regulations,

inclusive ofthe limitation of paragraph D.(1) hereof. In the case of transportation

under the Warsaw Convention, no supplementary sum shall apply unless the

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declared amount exceeds 19 Special Drawing Rights per kilogram ofthe total

recorded weight ofthe checked baggage at the time the baggage is handed to the

Carrier. Nevertheless, the Carrier may impose charges for pieces of baggage in

excess of any free allowance the Carrier may provide.

(3) In the case of unchecked baggage, the Carrier is liable 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 of baggage not in

the charge ofthe Carrier, including baggage undergoing security inspections or

measures not under the control and direction of the 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 limited to, the defense of Article 20 of the Warsaw Convention

and Article 19 ofthe Montreal Convention, and the exoneration defense of

Article 21 ofthe Warsaw Convention and Article 20 of the 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 in Article 25 ofthe Warsaw

Convention or Article 22 (5) ofthe Montreal Convention, whichever may apply.

E. Under the Warsaw Convention and the Montreal Convention, whichever may

apply, an action for damages must be brought within two years, and a complaint

must be made to the carrier within seven calendar days in the case of damage to

baggage, and 21 calendar days in the 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 a journey involving an ultimate destination or a stop in a country

other than the country of departure are advised that international treaties known as

the Montreal Convention, or its predecessor, the Warsaw Convention, including

its amendments, may apply to the entire journey, including any portion thereof

within a country. For such passengers, the treaty, including special contracts of

carriage embodied in applicable tariffs, governs and may limit the liability of the

Carrier in respect of death or injury to passengers, and fur destruction or loss of,

or damage to, baggage, and for delay of passengers and baggage."

For services provided in the EU, the Carrier may use the following Notice in addition

to the preceding notice:

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''Limits of Liability: The applicable limits ofliability for yourjourney on a flight

ticketed by this carrier are:

I. There are no fmanciallimits for death or bodily injury and the air carrier

may make an advance payment to meet immediate economic needs ofthe

person entitled to claim compensation;

2. In the case of destruction, loss of, or damage or delay to baggage, 1,131

Special Drawing Rights per passenger in most cases. You may benefit

from a higher limit of liability for loss of, damage or delay to baggage by

making at check-in a special declaration of the value of your baggage and

paying any supplementary fee that may apply. Alternatively, ifthe value

of your baggage exceeds the applicable limit of liability, you should fully

insure it before you travel;

3. In the case of delay to your joumey, 4,694 Special Drawing Rights per

passenger.

If your journey also involves carriage by other airlines, you should contact them

for information on their limits of liability."

III. Any amount mentioned in terms 0 f Special Drawing Rights shall be converted into national

currency according to the value of such currency at the date ofjudgment or settlement, as the

case may be, or at the time of payment in the absence of any judgment or settlement. The

amount of the limits of liability set forth in this Agreement shall be amended to reflect any

revision ofthe limits ofliability of the Montreal Convention under Article 24 thereof, and notice

of the amended amounts shall be filed with the U.S. Department of Transportation. The effective

date of the amended amounts shall be the date the revised limits come into force under the

Montreal Convention.

IV. This Agreement shall apply to carriage/travel to and from all countries, except Canada. As

of the execution date ofthis Agreement, the Canadian Transportation Agency ("CTA") has not

approved or implemented this Agreement for use in Canada. Upon approval of this Agreement

by the CTA, the Carriers shall apply this Agreement to carriage/travel to and from all countries,

including Canada. The execution and implementation of this Agreement shall constitute a

withdrawal by the Carrier from the lATA Intercarrier Agreement and the ATA's Provisions

Implementing the lATA Carrier Agreement, which were approved by DOT Order 97-1-2,

relating to the liability limits of the Convention for the Unification of Certain Rules Relating to

International Transportation by Air signed at Warsaw October 12, 1929; however, said

withdrawal shall not become effective until, and to the extent that, the provisions in the Carrier's

conditions of carriage adopted pursuant to Paragraph I ofthis Agreement take effect.as provided

in Paragraph VIII.

V. Nothing in this Agreement shall be deemed to affect the rights ofthe passenger, the claimant

and/or the Carrier under the Montreal Convention or the Warsaw Convention, whichever may be

applicable, other than as provided in Paragraph I herein. If any provision of this Agreement is

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determined by a court of competent 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 of this Agreement. Any such prohibition or

unenforceability in one jurisdiction shall not invalidate or render unenforceable that provision in

any other jurisdiction.

VI. The Carrier may encourage other carriers engaged in international carriage or transportation

as defined in the Convention to become party to this Agreement or any other satisfactory

implementation of the Montreal Convention.

VII. This Agreement shall be filed with the U.S. Department of Transportation 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 all regulations

of that Department that incorporate the liability rules ofthe Warsaw Convention or the Montreal

Convention. '

vm. This Agreement may be signed in any numherQfcounterparts, all of which shall constitute

one agreement. Any carrier may become a party to this Agreement by signing a counterpart

hereof and depositing it with the U.S. Department of Transportation in Docket OST-2005-226l1.

Within 60 days of deposit of the Agreement, the Carrier will file amendments to its tariff, if any,

reflecting the new conditions of carriage as set forth in the Agreement. In addition, each Carrier

wiU deposit in Docket OST.2005.22611 a notice of the effectiveness of the new tariffand/or

conditions of carriage.

•

4730641.11

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