e 

OF 

•,;-.;SPORTATiON 

' ^ 3 OPERATIONS Docket OST 95-236 

U.S. Department of Transportation 

Office of the Secretary of Transportation AGREEMENT , 7 0 P U: I 1 

Tlie undersigned earners (iiereinafter referred to as "the Carriers") hereby agree as follows: 

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

conditions of carriage filed by it with any government: 

'The Gamer shall avail itself 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 as 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 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 limilj 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, vwth 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 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. Each Candler 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 fblloviflng 

notice, which shall be prihted 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 qn a journey involving an ultimate destination or a stop in a country other than the country of origin are advised 

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

entirely vwthin the country of origin or destination. For such passengers on a journey to, from, or with an agreed stopping place in 

the United States qf America, the Convention and special contracts of can-iage 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 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 pariiy to such special contracts or 

on a 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 passengers is limited in most oases to approximately 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 pleaseiconsult your airiine or insurance company representative." 

3. [This Agreemetit vras filed with the Civil Aeronautics Board of the United States. The Board approved it by OnJer E-23680, 

adopted May 13,1966, (The Agreement (Agreement 18900) 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, all of which shall constitute one Agreement. Any Carrier may 

become a party to ttiis Agreement by signing a counterpart hereof and depositing it wnth DOT. 

5. Any Carrier party hereto may withdraw from this Agreement by giving twelve 

and the other Carriers parties to the Agreement. 

(Signature and Date) 

•Either alternative may be ^sed. 

OST Form 4623 (Formerly CAB Form 263) 

(Printed Name and Title) 

(Name and Address of Carrier) 

Thomas L. Cooper, President 

Sim Air ES^resS/ LLC 

Ft. Lauderdale, FL 33312