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

### AGREEMENT Docket OST**95~36**



# -. ;,.• The undersigned carriers (hereinafter referred to as "the Carriers") hereby agree as follows: , ---, 1. Each ofthe Carriers shall, effective May 16, 1966, include the following in its conditions of carriage, inch.lding tariffs embodying '

. ' conditions ofcarriage filed by itwith any government: "The Carriershall avail itself ofthe limitation of liability provided in the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw October 12th, 1929, or provided in the said Convention as amended by the Protocol signed atThe 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 of America as apoint oforigin, point ofdestination, or agreed stopping place (1) The limit of liability for each passengerfordeath, wounding, or other bodily injury shall be the sum of US $75,000 inclusive of legal fees and costs, except that, in case ofaclaim broughtin 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 oflegal fees and costs. (2) The Carrier shall not, with respect to any claim arising out ofthe death, wounding, or other bodily injury of apassenger, avail itself ofany defense underArticle 20(1) of said Convention orsaid Convention as amended by said Protocol. Nothing herein shall be deemed to affect the rights and liabilities ofthe Carrierwith regard to any claim brought by, on behalf of, or in respect ofany person who has willfully caused damage which resulted in death, wounding, or other bodily injury of a passenger." 2. Each Carrier shall, at the time of delivery of the ticket, furnish to each passengerwhose transportation is governed bythe Convention, orthe Convention as amended by the Hague Protocol, and bythe 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 inkcontrasting with the stock on (i) each ticket; (ii) apiece of papereither placed in the ticket envelope with the ticket or attached 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 astop in a country otherthan the country of origin are advised that the provisions ofatreaty known as the Warsaw Convention may be applicable to the entire journey, including any portion entirelywithin the country oforigin or destination. Forsuch passengers on ajourney to, from, or with an agreed stopping place in the United States of America, the Convention and special contracts of carriage embodied in applicable tariffs provide that the liability of [certain ]* [(name ofcarrier) and certain other] carriers parties to such special contracts for death ofor personal injuryto passengers is limited in most cases to proven damages notto exceed US $75,000 per passenger, and that this liability up to such limit shall not depend on negligence on the part ofthe carrier. Forsuch passengers traveling by acarrier not aparty to such special contracts or on ajourney notto, from, or having an agreed stopping place in the United States ofAmerica, liability ofthe carrierfordeath or personal injuryto passengers is limited in most cases to approximately US $10,000 or US $20,000. The names of Carriers 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 aprivate company. Such insurance is not affected by any limitation ofthe carrier's liability under the Warsaw Convention orsuch special contracts of carriage. 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 of the Department ofTransportation (DOT) by operation of law.] 4. This Agreement may.be signed in any number ofcounterparts, all ofwhich shall constitute one Agreement. Any Carriermay become a partyto this Agreement by signing a counterpart hereof and depositing it with DOT. 5. Any Carrier party hereto may withdraw from this Agreement by giving twelve (12) months' wr" en and the other Carriers parties to the Agreement.

*Either alternative may be used.

OST Form 4523 (Formerly CAB Form 263) (Printed Name and 1itle)**~.llli2..l~Wlr:w:r::.t:_,_!!l.CJe.J...l£ll~!ZU:W.4tf/R/.!~::..12!** (Name and Address of Carrier)

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