cc: Lyndon Gardiner (InterCaribbean) (via email)

(

Sincerely,

------T .>:

rre~~/

orney for InterCaribbean Airways, Ltd.

Should you have any question or comment, please do not hesitate to contact me.

On behalf of InterCaribbean Airways, Ltd., d/b/a InterCaribbean ("InterCaribbean") we

respectfully submit the attached three copies of the executed OST Form 4523.

Dear Ms. Hairston:

Re: InterCaribbean Airways, Ltd.

Warsaw Convention Waiver; Docket OST-95-236

Attn: Barbara Hairston

Dockets Facility

U.S. Department of Transportation

1200New Jersey Avenue, SE

West Building Ground Floor

Room W12-140

Washington, DC 20590

VIA ELECTRONIC SUBMISSION

November 26, 2013

TELEPHONE:(202) 776-3980 EMAIL:PMURPHY@LOPMURPHY.COM

TELECOPIER:(202) 778-3975

SUITE 800

1200 NEWHAMPSHIREAVENUE, N.W.

WASHINGTON,D.C. 20038-6802

PIERRE MURPHY

LAW OFFICES
The undersigned carriers (heretnafter referred to as "the came,..") hereby agree as follows:

1. Each of the Camera shall, effective May 16, 1966, include the following in its conditions of carriage, including tariffs embodying

conditions of carriage fited by it with any government:

"The Carrier shall avait itself of the ~mitation of liability provided in the Convention for the Unification of Certain Rutea

Relating to International Carriage by Air signed at Warsaw October 12th, 1929. or provided in the said Convention .. amended by

the Protocol signed 8t The Hague September 28th, 1955. However, in accordance with Article 22(1) of said Convention, or said

Convention as amended by said Protocol, the Carrier agreea that. as to 811international transportation by the carrier as defined in

the said Convention or said Convention as amended by said Protocol, ""'ich, aocording to the contract of Carriage, includes a

point in the United Stat_ of America .. a point of origin, point of destination. or agreed stopping place

(1) The limit of liability for each pauenger for death, wounding, or other bodily injury shaJJbe the sum of US $75.000

inctusive of legal fees and costa, except that. in cae of a claim brought in a State where provision is made for separate

award of legal fee. and coats, the limit shall be the sum of US $58.000 e)GCIusiveof legal fees and costs.

(2) The Carrier ahall not. with raped to any claim arising out of the death, wounding. or other bodily injury of a paaaenger.

avail itself of any defense under Article 20(1) of said Convention or said Convention as amended by said Protocol.

Nothing herein shall be deemed to affect the rights and liabilities of the Carrier with regard to any claim brought by. on behalf

of. or in respect of any person who has willfully caused damage which resulted in death. wounding. or other bodily injury of a

passenger.-

2. EachC8rrier shall. at the time of delivery of the tiCket. fumish to each passenger ~ transportation is governed by the

Convention, or the Convention .s amended by the Hague Protocol, and by the speci8I contract described in paragraph 1. the following

notice, ~id1 shall be printed in type at .... t as large as 10 point modem 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 or attached to the ticket; or (iii) on the ticket envelope:

"ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY

Pauengers on a journey involving an ultimate destiMtion or 8 stop in a country other than the country of origin are advised

that the proviIions of a n.ty known as the Warsaw Convention may be applicable to the entire journey. including MY portion

entirety \Wthin the country of origin or destination. For such paSMngerS on a joumey to, from. or with an agreed stopping place in

the United S... of America. the Convention and special contracts of carriage embodied in applicable taritfa provide that the

liability of

[certain ]'"

[(name of canier) and certain other] carriers parties to such special contracts for death of or personal injury to puaenger& is

limited in most C8I88 to proven damIIgea not to ~ US $75,000 per pauenger. and that this liabilty up to such limit IhaU not

depend on negligence on the pert of the carrier_ For such paMengeI'I traveling by • carrier not a party to such special oontr-=ts or

on a journey not to, from. or having an agreed stopping piece in the United States of America. liabiJity of the carrier for duth or

personal injury to paaaengers is limited in moat cues to appro_mately US $10.000 or US $20.000.

The names of Carriers parties to such special contracts .re availilble at all ticket offices of such carriers and may be

examined on request.

Additional Plotec:tion can uaueIy be obtained by purcn.ing inauranc:e from a prtvate company. Such insurance is not

affected by any limitation of the canier'sliability under the W.raaw Convention or such special contracts of carriage_ For further

information ..... consult your airline or insurance company representative."

3. [This Agteement was tiled wHh the Civil Aeronautics Board of the United States. The Board approved it by Order E-23880.

adopted May 13. 1888. The Agreement (Agreement 18800) became effective MIIy 16.1966. On January 1. 1985. this Agreement

became the responaibiIity of the Department of Transportdon (DOT) by operation of 1aw·1

4. Thil Agreement may be signed In any number of counterparts. all of which ahaIl constitute one Agreement. Any Carrier may

become a party to this Agreement by signing a counterpart hereof and depositing it YAth DOT.

5. My c.m.r lIMY ~ III8y withdraw from this AQrMment by giving - (12m-~· n . of Withdrawal to DOT

and the ott.Carriers parties to the Agreement. (Signabn and 0.) ~ 11/25/2013

-Either ~ NY be UNd.

(PrintedN.,.,. and Title) ~.~~~

(Name and Add~ of Carrier) ~4!bI~,...I...ntcrCl6If&i'&IIIIJ""·l.I!-b_...,.~~ _

one ntcr-rslancf AViation Way

OST Fonn 4123 (Formerty CAB Form 213) .c:;PrUlQlltY.widc:n... c.i.Lli·Ullel:'Olls~ _

Turks & Caicos Islands

Briti~h West Indies

AGREEMENT

u.s. Department of Tra....portation

Office of the Secretary of Transportation

Docket OST 15-231

F----------
Turks & Caicos Islands

British Westlndics

(Printed N.... and Title) ~.~~~

(Name and Add,.... of Carrier) --!!dIb!~a....I_D'IIl!tcrC~an-y"!·b~~..-y,--;;~ _

One InterISland AViation Way

OST Fonn 4123 CFormerty CAB Form 213) Pmyjdc::nc:j"es

of withdrawal to DOT

(Signature and 0.) ~~L---;...-...-11-/-2-5-/-2-01-3--

pauengers on a jOurney invohring an ultimate destination or a atop in a country other than the c:ountJy of origin are advised

that the provisions of a treaty ~ as the Warsaw Convention may be applicable to the entire journey, including .,y portion

entirely within the country of origin or destination. For such passengers on a joumey to, from, or ~ 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 of carrier) and certain other) carriers parties to such special contracts for death of or personal injury to pusengers is

limited in molt C8I8I to proven damages not to exceed US 515,000 per paaenger, and that this liability up to such limit ahan not

depend on negligence on the part of the carrier. For IUCh paMengetS traveling by a carrier not a party to such special c:ontracta or

on a journey not to, from, or having an agreed stopping piece in the United States of America, liability of the carrier for death or

personal injury to pauengers is limited in most cues to approlCimately US $10,000 or US $20,000.

The names of Carriers parties to such special contracts are available at all ticket offices of such carriers and may be

examined on request.

Additional Plotection can usually be obtained by purd\aaing insurance from a private company. Such iMU1'8nC8is not

affec:ted by any limitaon of the carrier'sliabUity under the Warsaw Convention or such special contracts of carriage. For further

infolmation __ consult your air1ine or insurance company representative.-

3. [Thil Agreement v.u tiled with the Civil Aeronautics Board of the United States. The Board approved it by Order E-23680,

adopted May 13,1888. The Agreement (Agreement 188(0) became effective May 16,1966. On January 1. 1985, this Agreement

became the responsibility of the Department of Transportation (DOT) by operation of law.]

4. This Agreement may be signed in any number of counterparts, ai, of which .naI'COMtitute one Agreement. Any Carrier may

become a party to this Agt'Mf1l8l1t by signing a counterpart hereof and depositing it \Wh DOT.

5. Any C8rrier party hereto may withdraw from this Agreement by giving twelve (121Q'\<)Jtn1lf\

and the '** Carriers parties to the Agreement.

The undersigned carriera (hereinafter referred to as "the carriers-) hereby agree as foUows:

1. Each of the Carriers shall, effective May 16. 1966, include the following in its conditions of carriage, including tariffs embodying

conditions of carriage filed by it with any government:

"The Carrier shall avail itHtf of the 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 .. amended by

the Protocol signed at The Hague September 28th, 1955. However, in accordance \Mth Article 22(1) of said Convention, or said

Convention 81amended by said Protoc:cM, the Carrier agrees that, as to all international transportation by the C8rrier as defined in

the said Convention or said Convention as amended by said Protocol, ~ich, according to the contract of Carriage, includes a

point in the United Stat_ of America .. a point of origin, point of destination, or agreed stopping place

(1) The limit of liability for each passenger for death, wounding, or other bodily injury aha" be the sum of US 515,000

inclusive of legal fees and costa, except that, in C8I8 of a claim brought in a State where provision i.made for separate

award of legal fees and costs, the limit shall be the sum of US $58,000 e)CIusive of legal fees and costa.

(2) The C8rrier ahall not, with respect to any claim arising out of the death, wounding, or other bodily injury of a pauenger,

avail itaetf of any defense under Article 20(1) of said Convention or said Convention as amended by said Protocol.

Nothing herein shall be deemed to affect the rights and liabilitie. of the Carrier v.ith regard to any claim brought by. on behalf

of, or an respect of any person who has willfully caused damage which resulted in death, wounding. or other bodily injury of a

pauenger.·

2. Each C8rrier shall, at 1he time of delivery of the ticket, fumish to each passenger \\fto88 transportation is governed by the

Convention, or the Convention al amended by the Hague Protocol, and by the special contract described in paragraph 1, the following

notice, which at.J1 be printed in type at .... t .. large as 10 point modem type and in ink contrasting with the ltock on (i) each ticket; (ii)

a piece of peper either 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

AGREEMENT

u.s. Department of Tranaportatlon

Office of the Secretary of Tran.portation

Docket OST 15-231
Turks & Caicos Islands

British We~llndics

(Printed NMW Ind TiUe) ~.~~~

(Nlmeand Add,... ofClrrier) -Jd!bI[UIl-I,,..li:"ID...terC~IO~·bfl'''~I.....-.;,,,,,-_--- _

one nter"Tsiind AViation Way

OSTForm 4a3 Pmvjdcnci.les (FOfIMIty CAlI Form 213)

of YAlhdrawal to DOT

(Signature Ind Dftt) ~..--~;..__--t.o __ l_l/_2_5_/_2_0_13__

Passengers on a journey involving an ultimate deltin8tion or a atop in a country other than the country of origin are advised

that the proviliona of a truly known • the Waruw Convention may be applicable to the entire journey. including .. y portion

entirely within the country of origin or datination. For such peuengers on a journey to. from, or with an agreed stopping place in

the United StMes of America. the Convention and special contracts of carriage embodied in applicable tariffs provide that the

liability of

(certllin ].

(name of carrier) and certain other] carriers parties to such apeciaj contracts for death of or personal injury to pauengera is

limited in moet caeea to proven damageI not to exceed US $75.000 per pauenger. and that this liability up to IUCh limit ahaDnot

depend on negligence on the part of the carrier. For such paaengera traveling by _ cam. not a party to such special COIItr8cts or

on • journey not to, from, or having an agreed stopping place in the United States of America. liability of the carrier for death or

personal injury to paaHngers is limited in moat caaes to appro_mat.ly US $10,000 or US $20,000.

The names d Carriers parties to such special contracts are available at all ticket offices of such carriers and may be

examined on request.

Additional protection can usually be obtained by purchaaing inaurance from a private company. Such inaur.nce is not

affected by any limitation of the carrier's liability under the Waruw Convention or such special contracts of carriage. For further

information ... consult your _iltine or insurance company representative.·

3. [This Agreement .. filed with the Civil Aeronautica 80eId of the United States. The Board approved it by Order E-23880.

adopted May 13.1 •. The Agreement (Agreement 188(0) beceme effective MIIy 16.1966. On January 1. 1985. this Agreement

became the respoMibiIity of the 0epar1ment of Transportation (DOT) by operation of law.]

4. This Agreement may be signed in any number of counterparts. all of which ahall con.titute one Agreement. Any carrier may

become a petty to this Agreement by signing a counterpart hereOf and depositing it ~ DOT.

5. Any carrier party hereto may \Whdraw from this Agreement by giving twelve (12

and the other Carriers parties to the Agreement.

The undersigned carriers (hereinafter referred to as "the carriers") hereby agree as follows:

1. Each of the Caniers shall. effective May 16. 1966. include the following in its conditions of carriage, including tariffs embodying

conditions of carriage lied by it with any government:

"The Carrier shall ava;' itself of the 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 .. amended by

the ProtocoI8igned at The Hague September 28th, 1955. However, in accordance with Article 22(1) of said Convention, or said

Convention 81amended by said Protocof. the Carrier agrees that, .. to aUinternational transportation by the C8rrier as defined in

the said Convention or said Convention as amended by said Protocol, ~ich, aocording to the contract of Carriage. includes a

point in the United States of America as a point of origin. point of destination, or agreed stopping place

(1) The limit of liability for each pauenger for death. wounding, or other bodily injury ahaIl be the sum of US $75,000

inclusive of legal fees and costa, exatpl that. in ca. of a 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 558.000 e)CCIusiveof legal fees and coata.

(2) The Carrier ahall not, with re.pect to any dam arising out of the death. wounding, or other bodily injury of a pauenger.

avail itMff of any defense under Article 20(1) of said Convention or said Convention 88 amended by said Protocol.

Nothing herein sh8l1be deemed to affect the rights and 1i8bititieaof the Carrier with regard to any claim brought by, on behalf

of, or in reIP8d of any person who has willfully caueed de,.,. which resulted in death. wounding. or other bodily injury of a

pauenger.-

2. EachC8rrier shall. at the time of delivery of the tiCket. fumish to eacn passenger whose transporUItion is governed by the

Convention. or the Convention as amended by the Hague Protocol, 8nd by the speci81contract described in paragnlPh 1. the following

notice, which shall be printed in type at least _large as 10 point modem type and in ink contrasting with the stock on (i) each ticket; (ii)

a piece of peper either 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

AGREEMENT

u.s. Department of Tranaportation

Office of the Secretary of Tranaportation

Docket OST 15-231

F---------