### Docket OST 95-236 U.S. 

### Department 

### ofTransportation Office ofthe Secretary of Transportation 

## 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 itwith any government:

"The Carrier shall avail itself of

### the limitation 

### of 

### liabiliÿ provided in

### the Convention for

### the Unification of Certain Rules Relating 

### to lntemational Carriage by

### Air signed at Warsaw 

### October 12th, 1929, 

### or provided inthe said Convention as amended by 

### the Protocol signed at

### The Hague September 

### 28th, 

### 1955. However, in accordance withArticle 

### 22(1)

### of said Convention, orsaid Convention as 

### amended by 

### said Protocol, 

### the Carrier agrees that, as

### toall 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 bethe 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 ofthe 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 wiltfully caused damage which resulted in death, wounding, or 

### other bodily injury of a passenger." 

## 2. Each Carrier shall, atthe time of delivery of the ticket, 

### fumishto each passenger whose 

### transportation is 

### governed bythe Convention, or

### the Convention as 

### amended by

### the Hague Protocol, 

### and by

### the special contract 

### described in 

### paragraph 1,

### thefollowing notice, which shall be printed intype 

### 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 inthe

### ticket envelope with the ticket or attached tothe ticket; or (iii) on

### theticket envetopé: "ADVICE 

### TO INTERNATIONAL PASSENGER ON LIMITATION OF 

### LIABILITY Passengers on a

### journey involving an ultimate destination or astop in a country other than the country of origin are advised that 

### the provisions of a

### treaÿ known asthe Warsaw Convention may be applicable to the entire

### journey, including any portion entirely within the country of origin or 

### destination. For

### such passengers on a

### joumey to, 

### from, orwith an agreed stopping place in 

### the United States ofAmerica, 

### the Convention and special contracts of

### caniage 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 ofthe 

### canier. For such passengers traveling by a

### carrier not a party to such special contracts 

### or on a

### journey notto,

### from, or having an agreed stopping place in

### the United States of

### America, 

### liabiliÿ 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 allticket 

### 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

### thecarrier's liability under theWarsaw Convention or such special contracts of

### carriage. For

### further information please consult your airline 

### or insurance company representative." 

## 3. 

## [his Agreement was filed with 

### the Civil 

### Aeronautics Board of

### the 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 of

### the Department ofTransportation (DOT) by operation 

### of law.l 

## 4. This 

### Agreement may be

### signed in any number of counterparts, all of which shall constitute one 

### Agreement. Any Carrier may become a partyto this 

### Agreement by signing a counterpart hereof and 

### depositing it

### with DOT. 

### 5. Any Carrier party hereto maywithdraw from this 

### Agreement by giving twelve (1 and the other Carriers parties tothe Agreement. (Signature and *Either alternative may be used. (Printed Name and Title) 

### written notice ofwithdrawal 

### to DOT

OST Form 4523 (Formerly CAB Form 263) (Name and