LIABILITY LIMITATION

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ANNEX A :
AGREEMENT RELATING TO LIABILITY LIMITATION OF THE WARSAW CONVENTION
AND THE HAGUE PROTOCOL
Agreement—CAB No. 18900
Approved by Order E–23680, 13th May 1966 (Docket 17325)

            The undersigned carriers (hereinafter referred to as “the Carriers”) hereby agree as follows:
            1. Each of the Carriers shall effective 16th May 1966, include the following in its conditions of carriage, including tariffs embodying conditions of carriage filed by it with 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 12th October 1929, or provided in the said Convention as amended by the Protocol signed at The Hague 28th September 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
                    (i) The limit 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.
                    (ii) 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 with regard to any claim brought by, on behalf of, or in respect of any person who has wilfully caused damage which resulted in death, wounding, or other bodily injury of a passenger”.
            2. Each 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 described 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 in (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 PASSENGERS
ON LIMITATION OF LIABILITY

            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 the treaty known as the 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 journey 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 [(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 travelling 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 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 representative3.
            3. This Agreement shall be filed with the Civil Aeronautics Board of the United States for approval pursuant to Section 412 of the Federal Aviation Act of 1958, as amended and filed with other governments as required. The Agreement shall become effective upon approval by said Board pursuant to said Section 412.
            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 this Agreement by signing a counterpart hereof and depositing it with Civil Aeronautics Board.
            5. Any carrier party hereto may withdraw from this Agreement by giving twelve (12) months’ written notice of withdrawal to said Civil Aeronautics Board and the other Carriers parties to the Agreement.

NOTICE OF BAGGAGE LIABILITY LIMITATIONS

            Liability for loss, delay, or damage to baggage is limited as follows unless a higher value is declared in advance and additional charges are paid: (1) for most international travel (including domestic portions of international journeys) to approximately US $9.07 per pound (US $20.00 per kilo) for checked baggage and US $400 per passenger for unchecked baggage; (2) for travel wholly between US points, to US $500 per passenger on most carriers (a few have lower limits). Excess valuation may not be declared on certain types of valuable articles. Carriers assume no liability for fragile or perishable articles. Further information may be obtained from the carrier.