PROVISIONS IMPLEMENTING THE IATA INTERCARRIER AGREEMENT

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ANNEX E :

PROVISIONS IMPLEMENTING
THE IATA INTERCARRIER AGREEMENT
TO BE INCLUDED IN CONDITIONS
OF CARRIAGE AND TARIFFS¹

            I. Pursuant to the IATA Intercarrier Agreement of 31 October 1995 (IIA), and the Agreement of Measures to Implement the IATA Intercarrier Agreement (MIA), each of the undersigned carriers (“the Carrier”) shall, on or before November 1, 1996, include the following in its conditions of carriage, including tariffs embodying conditions of carriage filed by it with any government:
            “The Carrier agrees in accordance with Article 22(1) of the Convention for the Unification of Certain Rules Relating to International Transportation by Air signed at Warsaw October 12, 1929 or, where applicable, that Convention as amended by the Protocol signed at The Hague on 28 September 1955 (“The Convention”) that, as to all international carriage or transportation hereunder as defined in the Convention:
                    1. The Carrier shall not invoke the limitation of liability in Article 22(1) of the Convention as to any claim for recoverable compensatory damages arising under Article 17 of the Convention.
                    2. The Carrier shall not avail itself of any defense under Article 20(1) of the Convention with respect to that portion of such claim which does not exceed 100,000 SDRs ²
                    3. Except as otherwise provided in paragraphs 1 and 2 hereof, the Carrier reserves all defenses available under the Convention to such claims. With respect to third parties, the Carrier reserves all rights of recourse against any other person, including without limitation, rights of contribution and indemnity.
                    4. The Carrier agrees that subject to applicable law recoverable compensatory damages for such claims may be determined by reference to the law of the domicile or permanent residence of the passenger.”
            II. The Carrier shall, at the time of delivery of the ticket, furnish to each passenger whose transportation is governed by the Convention, the following notice:

“ADVICE TO INTERNATIONAL PASSENGERS ON CARRIER LIABILITY
                    Passengers on a journey involving an ultimate destination or a stop in a country other than the country of departure are advised that a treaty known as the Warsaw Convention may apply to the entire journey, including any portion thereof entirely within a country. For such passengers, the Warsaw Convention, including special contracts of carriage embodied in applicable tariffs, governs the liability of the Carrier for death of or injury to passengers. The names of carriers party to such special contracts are available at all ticket offices of such carriers and may be examined upon request.”

            III. The implementation of this Agreement shall constitute a withdrawal by the Carrier from the intercarrier agreement, approved by CAB Order E-23680 and dated May 13, 1966, relating to the liability limits of the Convention for the Unification of Certain Rules Relating to International Transportation by Air signed at Warsaw October 12, 1929, and said withdrawal shall be effective on the date the provisions in the Carrier’s conditions of carriage adopted pursuant to Paragraph 1 of this Agreement become effective.
            IV. Nothing in this Agreement shall be deemed to affect the rights of the passenger, the claimant and/or the Carrier under the Convention, other than as set forth in Paragraph 1 herein. If any provision of this Agreement is determined by a court of competent authority to be prohibited or unenforceable, it shall as to that jurisdiction be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement. Any such prohibition or unenforceability in one jurisdiction shall not invalidate or render unenforceable that provision in any other jurisdiction.
            V. The Carrier may encourage other carriers engaged in international carriage or transportation as defined in the Convention to become party to the IIA and the MIA, and to this Agreement or any other satisfactory implementation of the IIA and the MIA.
            VI. This Agreement shall be filed with the US Department of Transportation for approval pursuant to 49 U.S.C. sections 41308 and 41309 and filed with other governments as required. This Agreement shall become effective upon approval by that Department under 49 U.S.C. section 41309, and action by that Department to provide that the adherence to, and the implementation of, this Agreement by the Carrier shall constitute compliance with all regulations of that Department that incorporate the intercarrier agreement referred to in paragraph III of this Agreement.
            VII. 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 the U.S. Department of Transportation.
¹ This Agreement was opened for signature on 16 May 1996..Back
² Special Drawing Rights. Back