## •• THOMPSON 

# r COBURNLLP

June 10,2014



### VIA ELECTRONIC fiLING Chief, Docket Management Facility U.S. Department of Transportation 1200 New Jersey Avenue, S.E. West Building

- Ground Floor Room W12-l40 Washington, DC 20590 Re: Southwest Airlines Co.' s Agreement Relating to International Air Carrier Liability Limits, Docket OST-2005-226l7
Dear Sir or Madam: Warren L. Dean,Jr. P 202.585.6908 F 202.508.1011 wdean@thompsoncobum.com

Attached for filing in the above-referenced docket, please find Southwest Airlines Co,' s executed 2006 Implementing Provisions Agreement, as amended. If you have any questions regarding the attached, please do not hesitate to contact me. Very truly yours, Thompson Coburn LLP

Enclosure

cc: Donald H. Hom, Esq. Assistant General Counsel for International Law U.S. Department of Transportation (via e-mail)

5911653.1 Thompson Coburn LLP

### I Attorneys 01 Law 

### I 1909 KSlreel, NW. 

### I Suile 600 

### I Woshinglon, D.C. 20006 P202.585.6900 

### I F202.585.6969 

### I www.lhompsoncobum.comIMPLEMENTING PROVISIONS AGREEMENT UNDER THE WARSAW AND MONTREAL CONVENTIONS

TO BE INCLUDED IN CONDITIONS OF CARRIAGE AND TARIFFS CONCERNING CARRIER LIABILITY TO PASSENGERS

I: Pursuant to the Warsaw Convention, 1929,the Warsaw Convention as amended at the Hague, 1955 and by Protocol No.4 ofMontreal, 1975 (collectively the Warsaw Convention); and the Montreal Convention, 1999, each ofthe undersigned carriers ("the Carrier") shall include the following in its conditions of carriage, including tariffs embodying conditions of carriage filed by itwith any government for all international carriage ortransportation, as defined inthe Warsaw Convention or the Montreal Convention, whichever may apply to such transportation: "A. The Carrier shall ,beliable under Article 17 ofthe Warsaw Convention or Montreal Convention, whichever may apply, for recoverable compensatory damages sustained inthe case ofdeath or bodily injury of a passenger, as provided inthe following paragraphs: (\) The Carrier shall not be able to exclude or limit its liability for damages not exceeding 113,I00 Special Drawing Rights for eachpassenger. (2) The Carrier shall not be liable for damages to the extent that they cxceed 113,100 Special Drawing Rights for each passenger ifthe Carrier proves that: (a) such damage was not due to the negligence or other wrongful act or omission ofthe Carrier 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. (3) The Carrier reserves all other defenses and limitations available under the Warsaw Convention or the Montreal Convention, whichever may apply, to such claims including, but not limitedto, the exoneration defense ofArticle 21 ofthe Warsaw Convention and Article 20 ofthe Montreal Convention, except that the Carrier shall not invoke Articles 20 and 22(1) ofthe Warsaw Convention in a manner inconsistent with paragraphs (I) and (2) hereof. (4) With respect to third parties, the Carrier reserves allrights ofrecourse against any other person, including, without limitation, rights ofcontribution and indemnity. (5) The Carrier agrees that, subject to applicable law, recoverable compensatory damages for such claims may bedetermined byreference to the laws ofthe country ofthe domicile or country ofpermanent residence ofthe passenger.B. 

### In cases ofbodily injury or death, the Carrier shall make an advance payment where the Carrier determines it is necessary to meet the immediate economic needs of, and hardship suffered by, a passenger as provided in the following paragraphs: (1) Unless a dispute arises over the identity ofthe person to whom an advance payment shall bemade, the Carrier shall, without delay, make the advance payment to the passenger inan amount or amounts determined by the Carrier in its sole discretion. In the event of death ofa passenger, the amount ofthe advance payment shall not be lessthan 

### 16,000 Special Drawing Rights, which shall be

.paid to arepresentative ofthe passenger's next ofkin eligible to receive such advance payment as determined by the Carrier in its sole discretion. (2) The Carrier shall make the advance payment as an advance against the Carrier's liability under the Warsaw Convention, or the Montreal Convention, whichever may apply. An advance payment shall not constitute re90gnition of liability. An advance payment shall be offset against, or deducted from the payment of, any settlement orjudgment with respect to any claim for compensation on behalf of the passenger. (3) The Carrier, in making an advance payment, does not waive any rights, defenses, or limitations available under the Warsaw Convention, orthe Montreal Convention, whichever may apply, to any claim, nor shall acceptance of an advance payment constitute a release ofany claim, whatsoever, by any person. (4) The Carrier, in making an advance payment, preserves itsright 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 ofthe Carrier. (5) The Carrier may recover an advance payment from any person where it isproven that the Carrier is not liable for any damage sustained bythe passenger, or where it isproven 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. The Carrier shall be liable for damage occasioned by delay inthe carriage of passengers by air, as provided inthe following paragraphs:

. (I) The Carrier shall not be liable ifitproves that itand its servants and agents took all measures that could reasonably berequired to avoid the damage, or that itwas impossiblefor itor them to take such measures. (2) Airport, airtraffic control, security, and other facilities or personnel, whether public or private, not under the control and direction ofthe Carrier are not

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-servants or agents ofthe Carrier, and the Carrier isnot liable to the extent the delay is caused bythese kinds offacilities or personnel. (3) Damages occasioned by delay are subject to the terms, limitations and defenses set forth inthe 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) The Carrier 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 ofArticle 21 ofthe Warsaw Convention and Article 20 ofthe Montreal Convention. Under the Montreal Convention, the liability ofthe Carrier for damage caused by delay is limited to 4,694 SDR perpassenger. The limits of liability shall not apply incases described in Article 25 ofthe Warsaw Convention or Article 22 (5) ofthe Montreal Convention, whichever may apply. D. The Carrier is liable for damages sustained inthe case of destruction or loss of, damage to, or delay ofchecked and unchecked baggage, as provided inthe

.following paragraphs: (I) Except as provided below, the liability ofthe Carrier is limited to 1,131 Special Drawing Rights for each passenger inthe case of destruction, loss, damage, or delay of baggage, whether checked or unchecked, under the Warsaw Convention or the Montreal Convention, whichever may apply. Unlcss the passenger proves otherwise: (a) all baggage checked by a passenger shall beconsidered to bethe property ofthat passenger; (b) aparticular piece of baggage, checked or unchecked, shall not be considered to bethe property of more than one passenger; and (c) unchecked baggage, including personal items, shall be considered to be the property ofthe passenger inpossession ofthe baggage at the time of embarkation. (2) Ifapassenger makes, atthe time checked baggage is handed to the Carrier, a special declaration ofinterest and has paid a supplementary sum, ifapplicable, the Carrier will be liable for destruction, loss, damage, or delay of such checked baggage inan amount not exceeding the declared amount, unless the Carrier

. proves that the declared amount is greater than the passenger's actual interest in delivery at destination. The declared amount, andthe Carrier's liability, shall not exceed the total amount ofdeclaration permissible under the Carrier's regulations, inclusive of the limitation ofparagraph D.(I) hereof. Inthe case oftransportation under the Warsaw Convention, no supplementary sum shall apply unless the .3-

### declared amount exceeds 19 Special Drawing Rights per kilogram ofthe total recorded weight ofthe checked baggage atthe time the baggage ishanded to the Carrier. Nevertheless, the Carrier may impose charges forpieces ofbaggage in excess ofany free allowance the Carrier mayprovide. (3) Inthe case ofunchecked baggage, the Carrier is liableonly to the extent the damage resulted from its fault, orthat ofits servants or agents. (4) The Carrier isnot liable for destruction, loss, damage, or delay ofbaggage not in the charge ofthe Carrier, including baggage undergoing security inspections or measures not under the control and direction ofthe Carrier. (5) The Carrier reserves all defenses and limitations available under the Warsaw Convention andthe Montreal Convention, whichever may apply to suchclaims including, butnot limited to, the defense ofArticle 20ofthe Warsaw Convention and Article 19ofthe Montreal Convention, andthe exoneration defense of Article 21 ofthe Warsaw Convention and Article 20 ofthe Montreal Convention, except that the Carrier shall not invoke Article 22(2) and (3) ofthe Warsaw Convention ina manner inconsistent with paragraph (I) hereof. The limits of liability shall not apply incases described inArticle 25 ofthe Warsaw Convention or Article 22 (5) ofthe Montreal Convention, whichever may apply. E. Under the Warsaw Convention and the Montreal Convention, whichever may apply, an action for damages must bebrought withintwo years, and acomplaint must be made to the carrier within seven calendar days inthe case ofdamage to baggage, and 21 calendar days inthe case ofdelay thereof." II. The Carrier may provide each passenger whose transportation isgoverned bythe Warsaw Convention orthe Montreal Convention with the following notice:

"ADVICE TO INTERNATIONAL PASSENGERS ON CARRIER LIABILITY 

### Passengers on ajourney involving an ultimate destination Qra stop in acountry other than the country ofdeparture are advised that international treaties known as the Montreal Convention, or itspredecessor, the Warsaw Convention, including itsamendments, may apply to the entirejourney, including any portion thereof within a country. For suchpassengers, thetreaty, including special contracts of carriage embodied inapplicable tariffs, governs and may limitthe liability ofthe Carrier inrespect ofdeath or injuryto passengers, and fordestruction or loss of, or damage to, baggage, and for delay ofpassengers and baggage." For services provided inthe EU, the Carrier mayusethe following Notice inaddition to the preceding notice:

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-"Limits of Liability: The applicable limits ofliability for yourjourney on a flight

ticketed bythis carrier are: I. There are no financial limits for death or bodily injury and the air carrier may make an advance payment to meet immediate economic needs ofthe person entitled to claim compensation; 2. In the case ofdestruction, loss of, or damage or delay to baggage, 1,131 Special Drawing Rights per passenger in most cases. You may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration ofthe value ofyour baggage and paying any supplementary fee that may apply. Alternatively, ifthe value ofyour baggage exceeds the applicable limit of liability, you should fully insure itbefore you travel; 3. In the case ofdelay to yourjourney, 4,694 Special Drawing Rights per passenger. Ifyourjourney also involves carriage by other airlines, you should contact them for information on their limits ofliability." III. Any amount mentioned interms of Special Drawing Rights shall be converted into national currency according to the value ofsuch currency at the date ofjudgment or settlement, asthe case may be, or atthe time of payment inthe absence of anyjudgment or settlement. The amount ofthe limits of liability set forth inthis Agreement shall be amended to reflect any revision ofthe limits of liability ofthe Montreal Convention under Article 24 thereof, and notice ofthe amended amounts shall be filed with the U.S. Department ofTransportation. The effective date ofthe amended amounts shall bethe date the revised limits come into force under the Montreal Convention. IV. This Agreement shall apply to carriage/travel to and from all countries, except Canada. As ofthe execution date ofthis Agreement, the Canadian Transportation Agency ("CTA") has not approved or implemented this Agreement for use inCanada. Upon approval ofthis Agreement bythe CTA, the Carriers shall apply this Agreement to carriage/travel to and from all countries, including Canada. The execution and implementation ofthis Agreement shall constitute a withdrawal by the Carrier from the lATA Intercarrier Agreement and the ATA's Provisions Implementing the lATA Carrier Agreement, which were approved by DOT Order 97-1-2, relating to the liability limits ofthe Convention forthe Unification ofCertain Rules Relating to International Transportation by Air signed at Warsaw October 12, 1929;however, said withdrawal shall not become effective until, and to the extent that, the provisions inthe Carrier's conditions of carriage adopted pursuant to Paragraph I ofthis Agreement take effect as provided inParagraph VIII. V. Nothing inthis Agreement shall be deemed to affect the rights ofthe passenger, the claimant and/or the Carrier under the Montreal Convention or the Warsaw Convention, whichever may be applicable, other than as provided inParagraph I herein. Ifany provision ofthis Agreement is

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-determined by a court ofcompetent authority to be prohibited or unenforceable, it shall as to that

jurisdiction be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions ofthis Agreement. Any suchprohibition or unenforceability inonejurisdiction shall not invalidate or render unenforceable that provision in any otherjurisdiction. VI. The Carrier may encourage other carriers engaged in international carriage or transportation as defined inthe Convention to become party to this Agreement or any other satisfactory implementation ofthe Montreal Convention. VII. This Agreement shall be filed with the U.S. Department ofTransportation for approval pursuant to 49 U.S.C. sections 41308 and 41309 and filed with other governments as required. This Agreement shall become effective upon approval by that Department under 49 U.S.C. section 41309. Action by that Department to provide that the adherence to, andthe implementation of, this Agreement by the Carrier shall constitute compliance with all regulations ofthat Department that incorporate the liability rules ofthe Warsaw Convention or the Montreal Convention. VIII. This Agreement may be signed in any number of counterparts, all ofwhich shall constitute one agreement. Any carrier may become a party to this Agreement by signing a counterpart hereof and depositing itwith the U.S. Department ofTransportation inDocket OST-2005-226 I7. Within 60 days of deposit ofthe Agreement, the Carrier will file amendments to itstariff, ifany, reflecting the new conditions ofcarriage as set forth inthe Agreement. In addition, each Carrier will deposit inDocket OST-2005-22617 anotice ofthe effectiveness ofthe new tariff and/or conditions of carriage.

~ Date

4730641.11

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