# I
1 

# I Docket OST**95~236** U.S. 

### Department ofTransportation Office of the Secretary ofTransportation 

## AGREEMENT The-undersignedC'arriers (hereinafter reterred**toas~c"Bi-iieiS1**herebyagree asTonows:------··---------- 1. Each of the Carriers shall, effective May 16, 1966, include the following in its conditions ofcarriage, "1ncluding tariffs embodying conditions or carriage filed by 

### it with any government "The**Carr~r** shall avail itself ofthe limitation or liability provided in the Convention for the Unificatlon ofCertain 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) ofsaid 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 bysaid Protocol, which, according to the contract of Carriage, includes a point In the United States ofAmerica as a point of origin, point ofdestination, or agreed stopping place (1) The limit ofliability for each passenger for death, wounding, orother 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 oflegal fees and costs. (2) The Carriershall not, with respect to any claim arising outofthe death, wounding, or other bodily Injury ofa passenger, avail itself of anydefense underArticle 20(1) ofsaid Conven1ion orsaid Convention as amended by said Protocol. Nothing herein shall be deemed to affect the rights and liabilities ofthe Carrier with regard to any claim brought by, on behalfof, orin respect ofany person who has willfully caused damagewhich resulted In death, wounding, orother bodily injury ofa passenger: 2. Eech Carrier shall, at the time 

### ofdelivery ofthe ticket, furnish to each passengerwhose 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 ofpaper 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 ajoumey involving an ultimate destination or a stop in a country other than the country oforigin are advised that the provisions ofatreaty known as the Warsaw Convention may 

### beapplicable to the entlre journey, including any portion entirely within the country or origin ordestination. For such passengers on ajourneyto, from, or with an agreed slopping place In the United States ofAmerica, the Convention and special contracts ofcarriage embodied in applicable tariffs provide thatthe liability 

### of [certain 

# r [(name ofcarrier) and certain other) carriers parties to such special contracts for death ofor personal injury to passengers ls limited in most cases to proven damages not to exceed US $75,000 per passenger, and thatthis liability upto such limit shall not depend on negligence on the part ofthe carrier. For such passengers traveling by a carrier nota party to such special contracts or on ajourney not

### to, from, or having an agreed stopping place In the United States ofAmerica, liability ofthe 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 ofthe carrier's liability under the Warsaw Convention or such special contracts 

### ofcarriage. Forfurther information please consult your airline or insurance company representative." 3. [ThisAgreementwas filed with the Civil Aeronautics Board ofthe United States. The Board approved itby 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 ofTransportation (DOn by operation oflaw.] 4. This Agreement may be signed in any number of counterparts, ali ofWhich s

.. 2ituteoneAgreement. Any Carrier may become a party to this Agreement by signing a counterpart hereof and depositill t . 5. AnyCarrier party hereto maywithdrawfrom this Agreement by giving ·(1 onths'written notice ofwithdrawal to DOT and the other Carriers parties to the Agreement.
'Either alternative may beused.

OST Form 4523 IFormerlv CAB Form 2631 (Signature and Date) 

# _,._,._,..""+-'I------------- (PrlntedNameand1lUe) Chrtkop

. Pappaloanou, V.P.

# Legai~-- (Name and Address of Carrier) MesaAirlines, Inc. d/b/a American Eagle

__ _ 41 0 North 

### 44th Street, 

### Suffe 7ITo-- Phoenlx. 

### AZ. 85008 j 

### 1- 1' 

## I