## 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 EMAIL:PMURPHY@LOPMURPHY

.COM TELEPHONE:(202) 776-3980 TELECOPIER:(202) 778

-3975 SUITE 800 1200 NEWHAMPSHIREAVENUE, N.W. WASHINGTON,D

.C. 20038-6802 

# PIERRE MURPHY

LAW OFFICESThe 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 

### atWarsaw 

### 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 bysaid 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_ 

### ofAmerica .. 

### a point of origin, point of destination. or agreed stopping place (1) 

### The limit 

### ofliability for each 

### pauenger for death, 

### wounding, or other bodily injury shaJJ 

### be 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)GCIusive 

### of 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. 

### atthe time of delivery of 

### the tiCket. fumish to each passenger ~ transportation 

### is governed by

### the Convention, or 

### the Convention

# .samended 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) 

### apiece 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 

### involvingan ultimate 

### destiMtion or 8 

### stop in a country other than 

### the country of origin are advised that the 

### proviIionsof 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 ofor personal injury 

### to puaenger& is limited in most C8I88

### to proven damIIgea 

### not to ~ US $75,000 per 

### pauenger. andthat 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 

### ofthe 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 tiledwHh 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 

### tothe 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. Departmentof 

### Tra....portation Office 

### ofthe 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 Pmyjdc::nc:j"es OST Fonn 4123 CFormerty CABForm 213) 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:ontractaor on a

### journey 

### notto, 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 

### atWarsaw 

### 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 81

### amended 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 C8I8of 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 1hetime 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 Pmvjdcnci.les OSTForm4a3 (FOfIMIty CAlI Form 213) 

### ofYAlhdrawal to DOT (Signature Ind Dftt) ~..--~;..__--t.o __ 

## l_l/_2_5_/_2_0_13__ Passengers on ajourney 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 ajourney 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 

### caeeato proven damageI not to 

### exceed US 

### $75.000 per 

### pauenger. and 

### that this liability 

### up to IUCh limit ahaDnot depend 

### on negligence 

### onthe part of 

### the carrier

. For such

### paaengera traveling by _ 

### cam. not 

### aparty 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 dCarriers 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 .. filedwith 

### 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 

### tothe 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 

### atThe Hague September 28th, 1955. 

### However, in accordance with 

### Article 22(1) 

### of said Convention, or said 

### Convention 81 

### amended bysaid Protocof. the Carrier agrees 

### that, .. to aU

### international transportation 

### bythe 

### 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 

### ahaIlbe 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. Each

### C8rrier shall. 

### at the time of delivery of the tiCket. fumish to 

### eacn passenger whose transporUItion 

### isgoverned by

### the Convention. or 

### the Convention as amended by the 

### Hague Protocol, 8nd by the 

### speci81 contract described in 

### paragnlPh 1. the 

### following notice, which shall be printed in 

### type 

### at least _large as 10 point 

### modem type 

### and in inkcontrasting 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--

-------