Law Offices 


JAMES W. TELLO 


P.O. Box 66824, Washington Square Station 

Washington, D.C. 20035 

Messengers and Deliveries: Telephone: 202-399-1918 

Suite 1000. Cell Phone: 202-262-3168 

1025 Connecticut Avenue, NW e-mail: jamestellocw.earthlink.net 

Washington, D.C. 20036 Web: www.telloaviationlaw.com 

July 30, 2010 

Dockets Section 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, D.C. 20590 

Re: 	 MAl International, Inc.­

Agreement Relating to International Air Carrier 

Liability Limits, Docket OST-2005-22617 

Dear Sir or Madam: 

By its filing in this docket on this date, MAl International, Inc. (MAl) has become 

a party to the Implementing Provisions Agreement Under the Warsaw and Montreal 

Conventions to be Included in Conditions of Carriage and Tariffs Concerning Carrier 

Liability to Passengers sponsored by the Air Transport Association of America 

Agreement ("2010 ATA -IP A"), as amended and approved by Order 2009-12-20 

(December 23, 2009). (A signed copy oflPA Agreement is attached). MAl is a charter 

carrier that does not file tariffs with the Department. However, in accordance with the 

2010 ATA-IPA (Par. VIII) and the Department's approval order, MAl will apply the 

provisions ofthe IP A with respect to its passengers, and will include the following 

provisions in its charter contracts: 

"A. MAl shall be liable under Article 17 of the Warsaw Convention or Montreal 

Convention, whichever may apply, for recoverable compensatory damages sustained in the 

case ofdeath or bodily injury of a passenger, as provided in the following paragraphs: 

(1) 	 MAl shall not be able to exclude or limit its liability for damages not exceeding 

113,100 Special Drawing Rights for each passenger. 

(2) 	 MAl shall not be liable for damages to the extent that they exceed 113,100 

Special Drawing Rights for each passenger ifMAl proves that: 

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

omission ofMAl 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. 
Docket Section, U.S. Department of Transportation 

July 30, 2010 

Page 2 of5 

(3) 	 MAl 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 

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

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

(4) 	 With respect to third parties, MAl reserves all rights of recourse against any 

other person, including, without limitation, rights of contribution and 

indemnity. 

(5) 	 MAl 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 of bodily injury or death, MAl shall make an advance payment where MAl 

determines it is necessary to meet the immediate economic needs of, and hardship suffered 

by, a passenger as provided in the following paragraphs: 

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

payment shall be made, MAl shall, without delay, make the advance payment 

to the passenger in an amount or amounts determined by MAl in its sole 

discretion. In the event of death of a passenger, the amount of the advance 

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

be paid to a representative of the passenger's next of kin eligible to receive 

such advance payment as determined by MAl in its sole discretion. 

(2) 	 MAl shall make the advance payment as an advance against MAl'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 of, 

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

behalf of the passenger. 

(3) 	 MAl, 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. 
Docket Section, U.S. Department ofTransportation 

July 30,2010 

Page 3 of5 

(4) 	 MAl, 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 

MAL 

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

that MAl 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. MAl shall be liable for damage occasioned by delay in the carriage of passengers by 

air, as provided in the following paragraphs: 

(1) 	 MAl shall not be liable if it 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 control, security, and other facilities or personnel, whether 

public or private, not under the control and direction of MAl are not servants 

or agents of MAl, and MAl is not liable to the extent the delay is caused by 

these kinds offacilities or personnel. 

(3) 	 Damages occasioned by delay are subject to the terms, 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) 	 MAl 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 of the Warsaw Convention and Article 20 of the 

Montreal Convention. Under the Montreal Convention, the liability of MAl 

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. MAl is liable for damages sustained in the case ofdestruction 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 of MAl 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 
Docket Section, U.S. Department of Transportation 

July 30, 2010 

Page 4 of5 

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 of the passenger in possession of the baggage at the 

time of embarkation. 

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

special declaration ofinterest and has paid a supplementary sum, if applicable, 

MAl will be liable for destruction, loss, damage, or delay of such checked 

baggage in an amount not exceeding the declared amount, unless MAl proves 

that the declared amount is greater than the passenger's actual interest in 

delivery at destination. The declared amount, and MAI's liability, shall not 

exceed the total amount of declaration permissible under MAl's regulations, 

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

transportation under the Warsaw Convention, no supplementary sum. shall 

apply unless the declared amount exceeds 19 Special Drawing Rights per 

kilogram of the total recorded weight of the checked baggage at the time the 

baggage is handed to MAl. Nevertheless, MAl may impose charges for pieces 

ofbaggage in excess of any free allowance MAl may provide. 

(3) 	 In the case of unchecked baggage, MAl is liable only to the extent the damage 

resulted from its fault, or that ofits servants or agents. 

(4) 	 MAl is not liable for destruction, loss, damage, or delay of baggage not in the 

charge of MAl, including baggage undergoing security inspections or 

measures not under the control and direction ofMAl. 

(5) 	 MAl 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 of the Montreal Convention, and the exoneration 

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

Convention, except that MAl shall not invoke Article 22(2) and (3) of the 

Warsaw Convention in a manner inconsistent with paragraph (1) hereof 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. 
Docket Section, U.S. Department of Transportation 

July 30, 20 10 

Page 5 of5 

"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 

MAl within seven calendar days in the case of damage to baggage, and 21 calendar days in the 

case ofdelay thereof" 

Please place a copy ofthis letter and attachment in the above-referenced docket. If 

there should be any questions regarding this matter, please contact me at the address and 

phone number on this letter head. 

Thank you. 

s~e:etli 

~W.Tel~ Counsel for: 


MIAMI AIR INTERNATIONAL, INC. 


cc: 	 James L. Casey, Esq. 

Deputy General Counsel 

Air Transport Association ofAmerica 

1301 Pennsylvania Ave., N.W.; Suite 1100 

Washington, D.C. 2004-1707 
lMPttMENTING PROwSlONS AGREEMENT 

UNllEJl/l'HEW.\R$l\W AN.D ~QN'l'q~ CO.N~NTIONS 

'rOBE INctUDEDIN' 

CONDITIONS OF CARlUAGE·:AND'i'ARIFFS 


CONCERNING CARRmRLIABR,ITYTO PASSENGERS
 " '.. '. . .....' ". . . '. ." ..... ' . 

L Pursuant to the Warsaw Convention, 1929; the. W~aW CO!lventionas amended at the 

f{ague. t9SS 8i\d by :Protocol :No.4 QfM9ntreal, 1915 (9Qlleqtively theWar&lwC~mvet1tion);and 

theMontr¢alConv«mtioJl, )999, *_Ch (ifthe ~d¢t$ign¢(;l patric;>.ts C"t1,1e cilriier") sba.U include the 

foUowingin its ccmdftio,nsofcatriage, including tariffsem:bodylng condltions ofcarriage tIled by . 

it withatiy gOVtii'ti:rn~rit f()rall irit~inatioilal c8mage Or ~$po.rt~~io[lj as defined indie W~w 

Convention drtheMontteal Convention, whichever may apply to. such ttansportation: 

"A. 	 The Carrier shall be liable under Article 17 anhe WarsaW Conveflti6hor 

Montreal Convention, whichever may apply, forrecoverablec~mpensatory 

~g~$ ~U$~iil~in the ~aseof (ic:atll QrbPdiJy injW:YQf ~pa$$@,ger, as 

provided in the following paragraphs: 

(1) 	 TheCWrierShall not be ~ble to excl~ae (:If liliiitits liabilitY for daInagesnot. 

ex:ceeding: 10b~ooo. $peciat·DraWing Rights for·eadh passenger. . . 

(2) 	 The Gatrier shall not be liable for damages to the e:identthatthey exceed 100,000 

Spe<;,ial OJ,'awmgJ,Ughtsfor ~ch passe.ngeriftheCtqrie.r .pI;Qvesth~t: 

$uchdamase was not due to·the:negligence oroth~wrongfUJ act or 

p,n:d~siohoftli¢ Carr.ier or its·~1Vll.u;S ()r.~~n~; pI 

(b) 	 s,Q.ch ~e wassolcly due. to the negl,ig~~e.Q.rother wrongfidact or 

oinis$lllnm'a thitdpaity. . . . 

(3) 	 1'1le. Carrie.r J:'es.er:vesall other d~fe~e$ ..ap.4 lii:iJ.it~ti,ollS· ~v~l~t>l,e tmder the WaiSawCGnv~tion or the Montreal Convt'tttioi\ whichever may apply, (osuch 

cUlirnslneluding, but not limited to, tb.eexoneI'itiondeiense.oIkticle21 ofthe W~aY(G():nv~tion~c;I ,Article2Q oftbe¥o:n~l(lqQn.vention, ~ceptthat the' 

Cattier sfiaUnot invoke Articles 20and22(I)of,the.WarsawConventiort in a 

m/ciml,er inco~Is~en~ with paragraphs (1) and :(,2)nereo(. 

(4) 	 With respect to thitdparties, ·the Carrier reserves all rights ofreCO'utse again$tany 

oth~iperS9n,j.hcluding, withQut 1,~:tAtion.l:i.ght$of.~~flXtti0l1 andiQder:l::t.t!ity. 

(5) 	 The Car.dera~.·tha~. subject tQapp1i~ble law; re,coverahl~comp(lDSa(ory 

d ", .. es fat 'such claims...Ylfia·be determined '," b' reference. to the .,. a,rnag , .' '.. .. .y... ..... ." laws ...... ofthe,

country ofthe domicile or country ofpetlitaneiltresidence ofthe. passenger. 
.B. 

(1) 

(2) 

(3) 

(4) 

(5) 

c. 

(1) 

(2,) 

In cases olbodily iJ1Jury or·death. th~.Carrier shall make an advance payment 

where .the C~rrj.erdetert.:nin~~ itjsl).;e(:esaaryto meet theinmtediete econQmtc; 

needs 0; and hardSltip suffeted by~ a passenger as provided in the following para.grap~; . 

Un:l~S$ a dispute arises over the identity ofthe person to whom an advanc;c 

paymef!t shidl ne nutd~J theC~ersn~I, withOutdelay,l1l.8ke Uieadval)ce 

paymellt.tothepassenger in an amoUilt'Ot amouilts determined brthe'Cattier in 

its sole dis.cretion. Irt. (be event oftleathQf'a passenger. theamo,unt Qfthea4van~ 

~yrt1:e.rtt $b:all l1ot.Qe less than 16J900'SjJe¢ial Drawing Rlghts. wblchshaJI be 

peliQ to a representative of'the, passen,get"s next ofkin eligible to receive such 

adviltlCe,payt'nettt as. deteimined by the Cartier in its sole discretion. 

The GarriershaUmMethe:adyancePAymentas.an advlUl9C~inst the Carrier's. liabiliU1~nderthe W8l'sawconvention, or the MontreaI Cpn'Vention, Whichever 

mayapply. An advance payment shaUnotconstltute recognitionofliabUlty. An 

adv&l1ce payri,leQt ~hall be. offset ~gainst, or ded.ucted from thy 'p~yment 9~ t\IlY . settlement orjudgment with respect to any claim for compensation Oil behalfof 

the ~~l!~r, . 

The Carrier, in making an advance payment, does not waive any rights, defenses. 

()f lillli~tioi1$ available undertl:1,~ W~ltW :Co~v~ntion, or·the Mp.lltI'eal 

Convention, whichever may ~:ply, to any clail1\ nOT shall acceptilhc::e ofan 

ac.Iv~pay.ment cpnstitq~ t)~lease .ofany claim, whatsoever, by anY.person. 

The ClUTier, in tnaldns 8D f,ldvance payment, preserves its clgh~ to s~k 

contrib~ti9n or mdcmmi~ froiD @,y otp,er.peJ:SriD. fQr suchpayl;lient, which :$MU 

nOt beqeemed to be a voluntary contribution or contractual payment on the part 

of the C.mer. .. 

lheCmiermayrecover an advance payment front any person where it Is pr:oven 

thaHhe C,atriet is not liable fqr afly<4trn~e s~pedqyth~ p~nger, or wh~ 

it isproyen tha~the person ·was not entitled to receive thepayment,or Where and 

to theex~nt thatltis PrQ:ven that the per~onWho· received. the advance. payment 

caused. or.contributed. tO~ the dttmage. . 

The Carriersw.ll liable for,dmp,age oc.casion,ed by delay in the carriage Qf 

pp$seiige~ by Mt~a&pro.vided ihthefoUowiqg paragraphs: 

T'{le C.ner sh~U not .beliaJ:jl~ifit provcS thatitartdits s~rvants and agents tool< 

aU meas\lresthatcould t~sonably be req,uired to avoid the d~e, or that it was 

itn;po$$ible for it or them to Wee $uch measures. 

Ahpot4 ~rtraffic control,.security. and other facilities otpersonnel, whether 

pqblic or private, nQt under ~he ~ontr()l aru;iC;l4:eetion Qf th~ Carriet' ~not 
servants or agents ofthe carrier, and the Camerisnol liable to the extent the 

delay is ca\lsed by th.esekinds offacilities()f p~$ollIlel; 

(3) 	 DamfJ,ges occasioned by delay ~e~l:>jecttP.the tenns, limitations and defenses 

s¢t f()~ in the WatsawCortvention and the Mo~tr~1 Convention, whichevetmayapply. they include Ioreseeable compensatory damages sustairted by a passenger 

~ddo not include mehtalirijury damages. -- . 

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


Gonvention qr the MOlj.trea,l Convention. whicihever may apply toolaims for 


damageocc.asioned by delay, including; but notJimited 'to, the exonerati'on 


defe~e ofArticle 21 ofthe WarsawConventi()rt and Article 20 ofthe Montrea.l 


Convention. Under the MontteaICortvefitioll, the Ilabilityofthe Cartier for 


damage caused by delay is limited to 4,150 SD}tper passenger. The limits of 


liability shall not apply in c,flSes de$ct~bed i.I:1Atticl~ 25 ofthe Warsaw 


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


D. 	 The Catrieris liable for damages sustained in the case ofdestruction or loss of, 

da,mageto,or delay ofchecked and uncheclce<ihaggage.as provided in the 

followingpBragntphs:' - ­

(1) 	 Except'as provided below, the liability ofthe C,lUtil'r is liiri.ited to 1,000 Special 

Drawing Rights fOr each passe~ger in Ule case ofdestruction, loss, damage, or 

d¢iay of baggage. whether checked or unchecked, under the Warsaw Convention 

or ti.t,e MOiltteal Convention, whichever tnayapply. Unl~ss t1:w passenger proves 

otheiWise: 

(a) 	 all ba,ggage checked 1:>Y a,.passeng~ $t(~Ube COnSidered to. ~e the 

property offuatp.assen,ger; 

(b) 	 a partiCUlar piece ofbaggage.. checked or unchecked, shall not be 

considered to ~. the property ofmore thano1'l.e passenger; and 

(c) 	 unchecked baggage; including per.sonalitems; shall be considered 

to be the property oftbe passenger ill pO$S~sionof the baggage at 

the. time of embarkation. 

(2) 	 If ~ p~senget makes. a~ the-tillle ¢Jie'ck¢4 bM811ge is hanCl¢d to the Camer,a 

special declaration ofinterest and has paid a supplementary sum, ifapplicabJe, the 

Carrier will be -liable for- destruc(jon, ioss,:d~age,oJ' delay ofsuch check~ 

baggage in an 8Iirourttnotexceeding the declflfedamount; unless the Carrier 

proves that-the declatedamount is greater than the passenger's actual interest in 

delive.ryat dest4J.ation. Thedecla~damolU1t, 'an~,weCairier's liability, shall not 

exceed the total amount of declatati()ripemriasibl~ under the Carner's regUlations, 

inc)u.sive-.o.fthe limitation ofparagraphD.(f) here.of; Iii. the o~seo.ftransportation 

\ln4ertheWa.rsaw Convention, nO:SltPplerrientm.Y sum shalLapply unless the· 

-3 ­
decl~ei;i apiollnt exceeds 17 SPecial Dra:wj~gR.ight$perkilogram QfthetoW 

recorded. Weight ofthe checked baggage at the time theb~ggage is handed to the 

C$,\rrier, N(;tverthel,,~s, the Carrier may UnPQSe cht:U'ges (or pi~e$ ofbaggage in 

excess ofany free alloWance the cartier may provide. . 

(3) 	 In the c~se ofunch~lced baggage, the Cturier is liable only to the extent the 

dama~e resulted from it~rfault, or that ofits servarttsor agents. 

(4) 	 The Catti¢r is notliable for destruction, loss.&.mage. ()r (iel~y ofbaggage not in 

thechafge ofthe Carrier, including baggage'.Ulider80ing· security inspections or 

m • .,u-eS notu,nderthe control and direeu9n ofthe carrier. . 

(5) 	 The CQll'it~r.reserves aU defenses and limitations avail~.e under (heWar;;aw 

ConVention angtbe MOIitreal Convention, wWcheve.r may .Pp~y to suCh claims 

inChld,in.g, but not Hmitedto, the:defense of ArtiCle ZO ofthe Warsaw Convention 

aQQ Article 19 ofthe MOlJtreal Co.nventiQD. a;nd Ule eX9neratjon d~fe~ of 

Article 21'ofthe V/e,rs8.W Convention and Article 20 ofthe MOiltteai 

C;:()IJ;venti911, except that the Carrier shall not ·invoke. Article ;t2(2) and (3) ofthe 

W~awCQnventi~n iii a 11U1i1fter incoilslS,tent wjth pamgraph (I) h~reot: The 

lhnits of JiablHty shall not apply in cases described' in Article 25 of'the Warsaw 

Conyenti9n.or ArtiCle 22 (5) ofthe Monf;tem Conve1;ltion, Whichever may apply, 

Ufid¢r .tbe Wars.aw CQlwentio.n and the MQn~ C(:mvention. whichever m.ay 

apply, an action (or dattulges ~ust be brought within two yeats, and complaint 

must be made to the carrier within sevcncatendar days in the case ofdamage. to 

baggage, and 21 calendard(lYs in the QaSeo{Qelay thereof," 	 .' 

II. The Canier-may provide eaen, passen~r whose tranSJ)ortaUon is governed by the Warsaw 

Conventionar the ~on:~lilC(}nvention With. the folloWing notice.: . 

"ADVICE TO INTERNATIONAL PASSENGERS ONCA:RRIElt LIABILITY 

PafilSenSt}ts 9n.a,jaUli\eyinyolying an ultimate de;;tin.ation orasjQP in a QQUllt.Iy 

other than the countryofcleparture are adviSed that international treaties known as 

tbeMontreal Cc)Ovention. or its predecessor, the Warsaw Canvention, including 

it$ amendmcp,ts, ·rilay apply to the entire jolirney, includil1g any ppi1:ion thereof 

within a country. For stich passengers, the treaty, including ~pecialcoritracts of 

Qani~ge¢ntbQqied, in applicable taiiff~~ gov¢rns aIld m~y Iimitthe liability "ftlle 

Cametin reSpect of.deatb: or ifijury to pl;\ssengers,artd for d~truction or Ios~ ot 

or damage to, baggage. and for deiayof passensers and baggage.'? 

Fotservices. provided in the BU, the Carrier may use the follOwing Notice iii addition 


to the preced.ing notlee: . 


- 4 ­
"L.imits ofLi~bility: The ~ppIicable limits ofljabiJity for your jOUl1ley ona flight 

ticketed by this carrier are: 

I. 	 There are no financial limits fOf death or bodily injury and the air carrier 

may make an advance paytmlnt to meet immediate economic needs ofthe 

person entitled to claim cpmpe~sation; 

2. 	 In the. case ofdestnlction. loss pi; or dtlmage or delay to baggage, 1,000· 

Special Drawing Ri~hts pet paSsenger in niost cases. YO\J may benefit 

frott) a highc:r limit ofliability· for loss of, damage or delay to baggage by 

~ng a.tQheck"i~a lipecial dc»laraf.ion oCtile Va,lue ofyour baggage and 

paymg any suppiementaFy fee-that may apply. Altentatively~ ifthe value 

ofyour ~ggageexcee<ls the applicable Iintit ofliability. you should fuJIy 

insure it before yon travel; 

3. 	 In the case Qfdelay to yourjQUni<:y, 4,150 Special Drawing Rightspt::r 

passenger. 

If your Joumey also involves carri48e by other ilitliileSt you should contact them 

fot. .inforttlatianon their tirnitsof Habifity. ?t 

III. Any amount mentioned inteinis of Special .DraWing Rights shall be converted into national 

cQrrency aQcording to the va.lueofsucb 9urren~y at the d.ate ofjuc;igment or s-:ttlement, as the 

caSe rttay be,ar at the time of payment in the absence ofany judgment or settlement. The 

amount of the limitsofliabjlity set forth in this Agreement shali be amended to. reflect any 

teyis,ion ofthe limits oflis,J:,ility Qfthe Mqntt~ donventionund~t Arti¢le24 thereof,-and notice 

ofthcamended amounts shaH befHed with the U.S.· Department ofTtanspottati6n. The effective 

dat!': orthearnended. ~ou~ shall be the dQtetbel'evised'limitscome into force ~er the 

Montreal ConVeJition. . 

IV. this Agr<:ement ~l apply tQ c.arJ;iage/travel to an~ from all countries, except Ciulada. As 

ofthe execution date ofthis Agi¢efnent~ th~·Canadian TtiP.1sPOrtatiOtl Agency ("CTA")has not 

approved or implemented this A~ement for use in Canada. Upon approval ofthis Agreement 

bY the CT A, ~he Carriers shall apply this Agr~elllent to cattiageltravel to andfroni all countries, 

inclUding Canada. The execution and implementation ofthis Agreement shall constitute a 

withdn~wall>Y tite O,u-rier irOI:Q the lATA Inter(;;m;rier Agreement and the ATA's Provisions 

Implementing the IATAcame~ AgreeIl1('in~ which·were approved by DOT Ordec97-1.,2, 

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

International Transpq.t'Wtion -by Air $igIie(l at Wa,rsaw Octo\?er 12, 1929; however, said 

WithdraWal shall not become effective Ulltn~- and to the extenttha~ the proVisions in the Cattier; s 

conditions ofcarriage adopted pursuant to Paragraph I QfthisAgreemenUake et'fectas provide4 

in Paragraph VIII. . 

V. Nothiilgm tlris Agreem.ent shall bedeem(!d to affect t.he rights of'Utepassenger. the cblUnaIlt 

lIlldlor the Cartier under the Montreal Convention qr~ W.tU's@:w Conven(i(>n. wtdchevet JI!llY be 

applicable, othetthan as provided in Paragraph I herein..Ifany provision ofthis Agreement is 

-5­
d¢tenninedllY a court of competent authority be prohibited or \itlenforeeable, it shall as to thttt 

jurisdiction be ineffeqtiveonly to the extent otsueh prohibition or Unel1for6eabili~y withQut 

invalidl;iting tlle I'~rnailiing prOvision~ ofthis Agreement. Any suelt prohibition or· 

unenforceabiIity in oile jurisdiction shall not invalidate 01' render UIiE:rifo:rceable that provisidn in 

any otherjurisdictfon. 

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

as defiIled ill the .Convention to b,ecome to this Agreement or any .other sa~sfactory 

iniplementationofthe Montreal Convention. ' 

VII. This Agteeme,nt shall be filed with the U.~. Department ofTranspeqation fot approval 

pursuant tb 49 U.S.C. seCtions 41308 and 41309 and filed with other govemments,as required. 

This i\greement 8~1l ~me effective upqn approval bytha:t De~ent under 49 U~S.C. 

section 41 S09. Action by that Department to proVide that the adherenceto,and the 

implementaticm ot: thi~ Agreement by the Carrlershall consti~teoompliance with all regulations 

()ftllat ])epartment,tbilt lncotp()rate tbeliabiJity tule!l9f~he WarS!iwCOnvennon or th~ :Montreal 

Convention. 

VIII. This Agreement may be sigIled in arty number ofcounterpartsr all ofWhich shall constitute 

one~greement. Any iCarrier may become a party ro. this Agteement by signing a counterpart 

he~of4fi.d depositing it with the u.s. Department QfTr~rtation in DQcket OST.;2Q05.:22617. 

Within: 60 days of deposit of the Agreemen:4 the Carri~ will file amendments to its tariff, ifany, 

reflecting th<: qew conditions ofcarriage as set forthin the Agreerp.en,i. In addition, each Carrier 

will deposit in DOcket OST -2005-22617 a notice oftheetfecuveness ofthe ne.w tariffand/or 

conditions ofcarriage. 

. 

V.f. 

!. ~ r " I\. ,. (signature and title) 

fI"'. \ rl.fV'..' r "\ ,a..T\ol ~~(l..U~ V;.,.tl1\L 

'C)~ [,0df1i> ~A",,~am1:tfC· _ci1u 

(address ofCatrier) 

4730641.10 

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