December 11, 2013

Attorney for interCaribbean Airways, Ltd.,

fIkIa Air Turks & Caicos (2003) Ltd.

Pierre Murphy

Law Offices of Pierre Murphy

1200 New Hampshire Avenue, NW

Suite 800

Washington, DC 20036

Telephone: (202) 776-3980

Facsimile: (202) 776-3975

Email: pmurphy@lopmurphy.com

Lyndon R. Gardiner

Chairman

interCaribbean Airways, Ltd.,

fIkIa Air Turks & Caicos (2003) Ltd.

One InterIsland Aviation Way

Providenciales

Turks & Caicos Islands

British West Indies

Communications with respect to this document should be sent to:

AMENDMENT #3 TO EXEMPTION OF AIR TURKS & CAICOS (2003) LTD. -

NOTICE OF CORPORATE NAME CHANGE

Docket No. OST-04-19171

)

Application of: )

)

AIR TURKS & CAICOS (2003) LTD., )

d/b/a Air Turks & Caicos )

)

For an Exemption to Engage in Scheduled )

Air Transportation of Persons, Property )

and Mail Pursuant to 49 U.S.C. §40109 )

(U.S.-Turks & Caicos) )

BEFORE THE

OFFICE OF THE SECRETARY

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC
Resolution. Copies of Applicant's re-issued homeland license is also attached at Tab 2.

Attached at Tab 1 please find copies ofinterCaribbean's Certificate of Name Change and Special

Resolution changing its name to: INTERCARIBBEAN AIRWAYS, LTD. ("interCaribbean").

"Applicant") wishes to notify the Department of the Applicant's November 20,2013 Special

By this Amendment #3, Air Turks & Caicos (2003) Ltd. ("Air Turks & Caicos" or

AMENDMENT #3 TO EXEMPTION OF AIR TURKS & CAICOS (2003) LTD. -

NOTICE OF CORPORATE NAME CHANGE

Docket No. OST-04-19171

)

Application of: )

)

AIR TURKS & CAICOS (2003) LTD., )

d/b/a Air Turks & Caicos )

)

For an Exemption to Engage in Scheduled )

Air Transportation of Persons, Property )

and Mail Pursuant to 49 U.S.C. §40109 )

(U.S.-Turks & Caicos) )

BEFORE THE

OFFICE OF THE SECRETARY

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC
3

Attorney for interCaribbean Airways, Ltd.,

fIkIa Air Turks & Caicos (2003) Ltd.

terre Murphy

pshire Avenue, NW

December 11, 2013

"interCaribbean". A copy of Applicant's Form 4523 Part 215 filing is attached hereto at Tab 3.

In addition, Applicant seeks authorization, to the extent necessary, to use the trade name

AMENDMENT #3 TO EXEMPTION OF

AIR TURKS & CAICOS (2003) LTD.
TAB!
INTERCARIBBEAN AIRWAYS, LTD.
Corporate Seal

Lyndon Roosevelt Gardiner

Director/Company Secretary

RECORDEDIN TilE lURKS & GA OS

ISLANDS

COMPANIESnmlSTnV

'.. - _,'

-.-

Certified, Sealed and delivered by me at Providenciales this is". day of November

2013

IT WAS FURTHERRESOLVED,that copies of this Special Resolution be filed with

the Registrar of Companies forthwith and the name change be published in the

Gazette in accordance with the Requirements of the Companies Ordinance.

THAT the name of the Company be changed to "INTERCARIBBEAN

AIRWAYS, LTD." with immediate effect.

IT WAS RESOLVED,pursuant to Section 30 of The Companies ordinance 1981 (as

amended), that the following RESOLUTIONbe adopted and passed as a Special

Resolution:-

I, LYNDON ROOSEVELT GARDINER, being the Sole Member of the Company, at

an Extra-Ordinary meeting held on is". November 2013, do HEREBYResolve,

Declare and Confirm as follows:-

SPECIAL RESOLUTION OF THE SOLE MEMBER

A/R TURKS AND CA/COS (2003) LTD.

Company Number: 5770
TAB 2
Are,CAAII'C£Q)41.4

.... lof2

......... AMys,LlD.Dec2013

December 3, 2013

Dateo'ilne:

~:iinc::sv~~

M.·.... Diredor

CIvil AYiatioB A..tIaority

Telepho.e: 6499464181

Fax: 649 946 4040

EJUiI:

Civil Aviation Authority

This certificate certifies that INTERCARIBBEAN, LTD is authorized toperform Commercial

Air T . 9Perations, as defined inthe attached operations specifications, inaccordance

ual and Air Navigation (OT) Order 2007.

Turks and Caicos Islands

AOCt: Opentor NUl." Add.... : ~--------------~ CAAlfCVOO4/4

Operations Manual

GenlBasic, Chapter 1, 1.2

Opentioaal PoiD. of eo.tact:

AIR OPERATOR'S CERTDlCATE

(approval selledale for air openton)

July 31,2014
AOC' CAAIItIIlJOfI4

,..2ot2

......... Airways, LID. Dec 1013

Othen N nil

M..... N.... tiOII N nil

Perfenlaace

CAMS 145 Repair Station nil

Navlptiola N

SpedfIeadoaa for PBN

O

...

.......-

Mula.. DIY..... n.e: nil

....

ETOPS NJA N

RVSM N/A N

RVR: ..

DB: ft

Low Vilihility N

opentioas

Appneda ... 1........

Ta.... «

CAT: nil

Daqero.. Goods y Within TCI Only

SpedaI Yes No Speciftc Approvals Re.....

A.tIaorizatio .. :

•

RVR:

SpeeIaIIJwltatioDl:

N/A

Ana .fOpentio.:

Turka .... CaieeI, Baham." Cuba, Cayman, Caribbean, Dominican Republic, Haiti, Jamaica, United States

and UDited States Territories.

1'ypeI olepentloa: C_.aerdal AIr Tnuport (CAT) ....... n;X Carp;X 0tIaer:

Co....... opentlou otIaer .... CAT:

No.CHlaaerdal_.... tiou :- I': Caqo; 0tIter:

Airenft Model: BN2A ..27; DHC 6-300; BE-200; EMB-120; CE 401; BE-99...... ~/and.~

AOC##:

CAAlfCIIOO4/4

Openton NallC Date: _. .JIL ~ ~ ~

INTERCARIBBEAN December 3 ,2013 liT~ ~).~

AlRWAY8,LTD ~ ~~~

TeIepIaoae:

(649) 946- 213711597 I

Fas IE.aD:

(649) 946-160712441 ..--.. i\v&y.fc ~na "-.:-cur """

- • AlItIaority Coac.et Detelh

OPERATIONS SPECIFICATIONS

(•• bjeet to tile approved eolldltio_ ba tile Ope...... Maul)
TAB 3
cc: Lyndon Gardiner (InterCaribbean) (via email)

ierre urphy

Attorney 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) 776-3975

SUITE BOO

1200 NEW HAMPSHIREAVENUE. N.W.

WASHINGTON. D.C. 20036-6802

PIERRE MURPHY

LAWOFFICES
Turks &: Caicos Islands

British West Indies

(Printed Name and iltle) ~i'llif~!'fm~

(Name and Address of Carrier) ~dlb~Ia,",I~nlolllterC~ar-,uibplb~~~--;;-;-- _

One Inter"Tsrand Aviation Way

OST Fonn 4123 (Fonn.rty CAB Form 213) Proyjdmci.1es

*Either allematlvemay be used.

Passengers on a journey invotving an ultimate destination or a stop in a country other than the country of origin are advised

that the provisions of 8 treaty known as the Warsaw Convention may be applicable to the entire journey, including any portion

entirely YAthinthe countly of origin or destination. For such passengers on a joumey to, from, or with an agreed stopping place in

the United States of America. the Convention and special contracts of carnage 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 passengers is

limited in most cues to proven damages not to exceed US $75,000 per passenger. and that this liability up to such limit shall not

depend on negligence on the part of the carrier. For such passengers traveling by a carrier not a party to such special contracts or

on a journey not to, from, or having an agreed stopping place in 1he United Stat.. of America, liability of the carrier for death or

personal injury to passengers is limited in most cases to appro)dmately 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 protection can usually be obtained by purchasing insurance from a private company. Such insurance Is not

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

information please consult your airline or insurance company representative.·

3. [This Agreement was filed with the Civil Aeronautics Board of the United States. The Board approved it by Order E-23680.

adopted May 13, 1986. The Agreement (Agreement 189(0) became effective May 16,1966. On January 1.1985, this Agreement

became the responsibility of the Department of Transportation (~OT) by operation of law·1

4. This Agreement may be signed in any number of counterparts, all of which ahall constitute one Agreement. Any Carrier may

become a party to 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

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 Carriers shall, effective May 16. 1966. include the follov.;ng In its conditions of carriage, including tariffs embodying

conditions of carriage filed by it v.1th any government:

"The Carner shall avail 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 as amended by

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

Convention as amended by said Protocol, the Carrier agrees that. as to all international transportation by the Carrier as defined in

the said Convention or said Convention as amended by said Protocol, \\tIich, according to the contrad 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 passenger for death. wounding. or other bodily injury shall be the sum of US $75,000

inclusive of legal fees and cos1s, except that, in case of a claim brought in a State \\tIere provision is made for separate

8Yt8rd of legal fees and costs. the limit shall be the sum of US $58,000 e)GCIusiveof legal fees and costs.

(2) The Carrier shall not, with respect to any claim arising out of the death, wounding. or other bodily injury of a passenger.

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 v.Mh regard to any claim brought by, on behalf

of, or in respect of any person who has 'Nillfully caused damage which resulted in death. wounding, or other bodHy injury of a

passenger.-

2. Each camer shall, at the time of delivery of the ticket, furnish to each passenger whose transportation is governed by the

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

notice, which shall be printed in type at least as large as 10 point modem type and In Ink contrasting Mh 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

AGREEMENT

u.s. Department of Transportation

Office of the Secretary of Transportation

Docket OST 95-231 •
Turks &. Caicos Islands

British West Indies

(Printed Name and Title) ~ltii2HYI~i¥.:M:I~lIlta:W!l~~f¥.'l1&!!':,t:!~!Ii!!h... ~iIfi!P~II.!.--.------

(NameandAddressof Carrier) ~dIb~/aJ....... n,UltcrCJ&iI"_ar':AIibllf-l_u.c-Y---;....- _

onelliter1Si8nd AV18tion Way

OSTForm 4123 (Formerty CAS Fo"" 213) ProYidcnciales

tice of withdrawal to DOT

(Signature and Date) .,._.::ra"".;K.-_......_1_1_1_2_5/_2_O_1_3 __

*Either alternative rTIIY be used.

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

that the provisions of a treaty known as the Warsaw Convention may be applicable to the entire joumey, including any portion

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

limited in moat cases to proven damages not to exceed US $75.000 per passenger, and that this liability up to such limit shall not

depend on negligence on the part of the carrier. For such passengers traveling by a carrier not a party to such spedal contracts or

on a journey not to, from, or having an agI88d stopping place in the United States of America, liability of the carrier for death or

personal injury to pauengers is limited in most cases to approximately US 510,000 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 protection can usually be obtained by purchasing insurance from a private company. Such iMurance is not

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

information please consult your airline or insurance company representative. II

3. [This Agreement was filed v.flh the Civil Aeronautics Board of the United States. The Board approved it by Order E-23680,

adopted May 13, 1986. The Agreement (Agreement 189(0) became effective May 16, 1966. On January 1, 1985, this Agreement

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

4. This Agreement may be signed in any number of counterparts, all of v.41ich shall constitute one Agreement. Any Carrier may

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

5. Any Carrier party hereto may \\flhdraw from this Agreement by giving twelve (12

and the other Carriers p&fties to the Agreement.

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

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

conditions of carriage filed by it \Mth any government:

"The Carrier shall avail 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 as amended by

the Protocolaigned at 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 agrees that. as to all international transportation by the Carrier as defined in

the said Convention or said Convention as amended by said Protocol, which, according 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 passenger for death, wounding, or other bodily injury shall be the sum of US $75,000

inclusive of legal fees and coats, except that, in case of a claim brought in a State where provision is made for separate

av.ard of legal fees and costs, the limit shall be the sum of US $58,000 emusive of legal fees and costs.

(2) The Carrier shall not, with respect to any claim arising out of the death. \Wunding, or other bodily injury of a paasenger,

avail itself of any defense under Mide 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 tMth regard to any claim brought by, on behalf

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

passenger.-

2. Each Carrier Shall, at the time of delivery of the ticket, fumish to each passenger ¥Alose transportation is governed by the

Convention, or the Convention as amended by the Hague ProtOCOl,and by the special contrad described in paragraph 1,the following

notice, \\t1ich shall be printed in type at least 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 YAth 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 Transportation

Office of the Secretary of Transportation

• Docket OST 95-231
Turks & Caicos Islands

British West Indies

OSTFonn 4123 (Fomterty CAS Fonn 213)

(Printed Name and Title) lttte~dADJ&a!'fm~

(Name and Address of Carrier) ,",dIb!U"-llal!-MlnM.1terCf&:'K_an~·b'f-Wb~~..,_--:-:-:-- _

One InterIsland Aviation Way

Proyjdmci,Jes

*Either dernative may be tiled.

tice of withdrawal to DOT

(Signature and Date) ~=-¥_-....._--1-1/-2-5-/-2-0-1-3-

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

that the provilions of a treaty known 88 the Warsaw Convention may be applicable to the entire joumey, including any portion

entirely \Mthin the country of origin or destination. For such passengers on a journey to, from, or Ytflh 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 I·

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

limited in moat cases to proven damages not to exceed US $75,000 per passenger. and that this liability up to such limit shall not

depend on negligence on the part of the carrier. For such panengers traveling by a carrier not a party to such special contracts or

on a joumey not to. from. or having an agreed stopping place in the United States of Ametica, liability of the carrier for death or

personal injury to passengers is limited in most cases to approldmately 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 protection can usually be obtained by purchasing insurance from a private company. Such insurance is not

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

information please consult your airtine or insurance company representative. II

3. [This Agreement was filed Ytflh the Civil Aeronautics Board of the United States. The Board approved it by Order E-23680,

adopted May 13. 1986. The Agreement (Agreement 189(0) beaIme 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, all of which shan constitute one Agreement. Any Carrier may

become a party to 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

and the other Camers parties to the Agreement.

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

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 YAth any government:

"The Carrier shall avail itsetf of the limitation of liability provided in the Convention for the Unification of Certain Rules

Relating to Intemational Carriage by Air signed at Warsaw October 12th. 1929. or provided in the said Convention 88 amended by

the Protocol signed at 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 agrees that. as to all intemational transportation by the Carrier as defined in

the said Convention or said Convention as amended by said Protocol. v.1'lich,according 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 passenger for death. wounding, or other bodily injury shall be the sum of US $75,000

inclusive of legal fees and costs. except that, in case 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 $58,000 exclusive of legal fees and costs.

(2) The Carrier shall not, \Mth respect to any claim arising out of the death, wounding, or other bodily injury of. paesenger,

avail itself of any defense under Mide 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 'lAth 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

paaenger.·

2. Each carrier Shall, at the time of delIVery of the ticket. furnish to each passenger 't\f\ose transportation is governed by the

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

notice. which shall be printed in type at leaat 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 Wth 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 Transportation

Office of the Secretary of Transportation

Docket OST 15-231
httn·//www.reoulations.cov/ 11126/2013

Email

Address:

pmurphy@lop

murphy.com

Phone

Number:

202-776-3980

First Name: City:

Pierre Washington

Last Name: Country:

Murphy United States

Mailing State or

Address: Province:

Law Offices of DC

Pierre Murphy

This information will not appear on

Regulations.gov:

This information will appear on

Regulations.gov:

Uploaded File(s) (Optional)

• Warsaw Filing.pdf: success

Comment:

InterCaribbean Airways, Ltd., d/b/a InterCaribbean Warsaw Convention

Waiver

j.

Your comment:

Your comment will be viewable on

Regulations.gov after the agency has

reviewed it, which may be an

indefinite amount of time. Useyour

tracking number tofind out the status

of your comment.

Your Comment Tracking

Number: 1Jx-88yi-zr2t

L3 I Your Receipt

The Department of Transportation (DOT) Other: Counterpart to Warsaw Agreement Nols, 1 thru 11)

For related information, Open Docket Folder @

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YourVoice in Federal Declslon·M.klnl

I

L' ~+ regu onons.gov

Regulations.gov - Your Receipt Page 1 of2
11 '''£/',\(\1..,

Fax Number:

202-776-3975

ZIP/Postal

Code:

20036

Page 2 of2

httm/zwww.reoulations ocw!

Mailing

Address 2:

1200 New

Hampshire

Avenue, NW,

Suite 800

Regulations.gov - Your Receipt
Billie Jolly

POI

Federal Aviation Administration

Miami International Field Office

2895 SW 145 Avenue, Suite 221

Miramar, FL 33027

Howard Kass

US AIRWAYS

2345 Crystal Drive

Alexandria, VA 22227

howard _kass@usairways.com

Dan Weiss

Stephen Morrissey

CONTINENT ALIUNITED

Dept. HQSGV

P.O. Box 4607

Houston, TX 77210-4607

dan. weiss@united.com

steve.morrissey@united.com

Joanne Young

SPIRIT

1001 Pennsylvania Avenue, N.W.

Suite 600 South

Washington, D.C. 20004

jyoung@yklaw.com

John Richardson

Joan Canny

AMERIJET INTERNATIONAL

John L.Richardson, PLLC

555 13th Street, N.W.

# 420W

Washington, D.C. 20004

jrichardson@johnlrichardson.com

jcanny@amerijet.com

Alexander Vander Bellen

Sametta Barnett

DELTA AIR LINES

1275 K Street, N.W.

Washington, D.C. 20005

sascha. vanderbellen@delta.com

sametta.c.barnett@delta.com

Robert Wirick

Francis Heil

AMERICAN AIRLINES

PO Box 619619, MD 5635

DFW Airport, TX 75261

robert. wirick@aa.com

francis.heil@aa.com

I hereby certify that I have, on December 11,2013, served via email the foregoing

Amendment of interCaribbean on the following persons:

CERTIFICATE OF SERVICE