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Docket OST 95~236 

U.S. Department of Transportation 

Office of the Secretary of Transportation AGREEMENT 

The -undersignedC'arriers (hereinafter reterred toas~c"Bi-iieiS1 hereby agree asTonows:------··----------

1. Each of the Carriers shall, effective May 16, 1966, include the following in its conditions of carriage, "1ncluding tariffs 

embodying conditions or carriage filed by it with any government 

"The Carr~r shall avail itself of the limitation or liability provided in the Convention for the Un ificatlon 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 with Article 22(1) of said Convention, or 

said Convention as amended by said Protocol, the Carner agrees that, as to all international transportatlon 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 bodUy 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, 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 Conven1ion 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. Eech Carrier 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 describEid 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; (il) 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 UABILITY 

Passengers on a joumey 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 entlre journey, including any portion 

entirely within the country or origin or destination. For such passengers on a journey to, from, or with an agreed slopping place 

In the United States of America, the Convention and special contracts of carriage embodied in applicable tariffs provide that the 

liability of 

[certain r 

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

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 party 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.cases to approximately US $10,000 or US $20,000. 

The names of Carriers parties to such special contracts are available at ali 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 E23680, 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 (DOn by operation of law.] 

4. This Agreement may be signed in any number of counterparts, ali of Which s .. 2itute one Agreement. Any Carrier 

may become a party to this Agreement by signing a counterpart hereof and depositill t . 

5. Any Carrier party hereto may withdraw from this Agreement by giving · (1 onths' written notice of withdrawal to 

DOT and the other Carriers parties to the Agreement. 

'Either alternative may be used. 

OST Form 4523 IFormerlv CAB Form 2631 

(Signature and Date) _,._,._,..""+-'I-------------

(PrlntedNameand1lUe) Chrtkop . Pappaloanou, V.P. Legai~--

(Name and Address of Carrier) Mesa Airlines, Inc. d/b/a American Eagle __ _ 

41 0 North 44th Street, Suffe 7ITo--

Phoenlx. AZ. 85008 

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