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

# AGREEMENT

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 of carriage, fr\cluciing tatiffs:embbbying conditions ofcarriage filed by it with any government: "The Carrier shall avail itselfofthe limitation of liability provided in the Convention forthe Unification of Certain Rules Relating to International Carriage byAir signed atWarsaw 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 bythe 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, or agreed stopping place (1) The limit of liabilityfor each passengerfor death, wounding, or other 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, or other bodily injury ofa passenger, avail itself ofanydefense underArticle 20(1) of said Convention or said Convention as amended by said Protocol. Nothing herein shall be deemed to affectthe 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 ofa passenger." 2. Each Carrier shall, at the time of delivery ofthe 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 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 Passengers on ajourney involving an ultimate destination or a stop in a country otherthan the country oforigin are advised that the provisions of a treaty known as theWarsaw Convention may be applicable to the entire journey, including any portion entirely within the country oforigin ordestination. For such passengers on ajourneyto, from, or with 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 for death 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 notto, 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 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 a private company. Such insurance is not affected by any limitation ofthe carrier's liability underthe Warsaw Convention or such special contracts ofcarriage. For further 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 oflaw.] 4. This Agreement may be signed in any numberofcounterparts, all ofwhich shall constitute one Agreement. Any Carrier may become a partyto this Agreement by signing a counterpart hereof and depositing itwi DOT. 5. Any Carrier party hereto maywithdrawfrom this Agreement by giving twelv and the other Carriers parties to the Agreement.
*Eitheralternative may be used.

OST Form 4523 (FormerlyCAB Form 263)