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# ------- U.S. Department ofTransportation Office ofthe Secretary ofTransportation 

# AGREEMENT

• ·:;M The undersigned carriers (hereinafter referred to as "the Carriers") hereby agree as follows: 

### Docket OST 95-236

1. Each ofthe Carriers shall, effective May 16, 1966, include the following in its conditions ofcarriage, including tariffs embodying conditions ofcarriage filed by it with any government: "The Carriershall avail itselfofthe limitation of liability provided in the Convention for the Unification ofCertain Rules Relating to International Carriage by Airsigned at Warsaw October 12th, 1929, or provided in the said Convention as amended by the Protocol signed at The Hague September28th, 1955. However, in accordance with Article 22(1) ofsaid Convention, orsaid Convention as amended by said Protocol, the Carrier agrees that, as to all international transportation by the Carrier as defined in the said Convention orsaid Convention as amended by said Protocol, which, according to the contract of Carriage, includes a point in the United States ofAmerica as a point oforigin, point ofdestination, oragreed stopping place (1) The limit of liabilityfor each passengerfordeath, wounding, orother bodily injury shall be the sum of US $75,000 inclusive of legal fees and costs, except that, in case ofa claim brought in a State where provision is made for separate award of legal fees and costs, the limit shall be the sum of US $58,000 exclusive of legal fees and costs. (2) The Carrier shall not, with respect to any claim arising out ofthe death, wounding, orother bodily injury of a passenger, avail itselfofany defense underArticle 20(1) ofsaid Convention or said Convention as amended by said Protocol. Nothing herein shall be deemed to affectthe rights and liabilities ofthe Carrier with regard to any claim brought by, on behalf of, or in respect ofany person who has willfully caused damage which resulted in death, wounding, orother bodily injury ofa passenger." 2. Each Carrier shall, at the time ofdelivery ofthe ticket, furnish to each passenger whose transportation is governed by the Convention, or the Convention as amended by the Hague Protocol, and by the special contract described in paragraph 1, the following notice, which shall be printed in type at least as large as 10 point modern type and in ink contrasting with the stock on (i) each ticket; (ii) a piece of paper either placed in the ticket envelope with the ticket orattached to the ticket; or (iii) on the ticket envelope: "ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY Passengers on ajourney involving an ultimate destination or a stop in a country otherthan the country oforigin are advised that the provisions ofatreaty known as the Warsaw Convention may be applicable to the entirejourney, including any portion entirely within the country oforigin ordestination. Forsuch passengers on ajourneyto, from, orwith an agreed stopping place in the United States ofAmerica, the Convention and special contracts ofcarriage embodied in applicable tariffs provide thatthe liability of [certain 

### ]* [(name ofcarrier) and certain other] carriers parties to such special contracts fordeath ofor personal injury to passengers is limited in most cases to proven damages not to exceed US $75,000 per passenger, and thatthis liability up to such limit shall not depend on negligence on the part ofthe carrier. For such passengers traveling by a carrier not a party to such special contracts or on ajourney not to, from, or having an agreed stopping place in the United States ofAmerica, liability ofthe carrierfor death or personal injury to passengers is limited in most cases to approximately US $10,000 or US $20,000. The names ofCarriers parties to such special contracts are available at all ticket offices ofsuch carriers and may be examined on request. Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation ofthe carrier's liability underthe Warsaw Convention or such special contracts ofcarriage. Forfurther information please consult your airline or insurance company representative." 3. [This Agreement was filed with the Civil Aeronautics Board ofthe United States. The Board approved it by Order E-23680, adopted May 13, 1966. The Agreement (Agreement 18900) became effective May 16, 1966. On January 1, 1985, this Agreement became the responsibility ofthe Department ofTransportation (DOT) by operation of law.] 4. This Agreement may be signed in any numberofcounterparts, all ofwh· h II onstitute one Agreement. Any Carrier may become a party to this Agreement by signing a counterpart hereof and depositin i wi OT. 5. Any Carrier party hereto may withdrawfrom this Agreement by giving tw and the other Carriers parties to the Agreement.
*Either alternative may be used.

OST Form 4523 (FormerlyCAB Form 263)