The defence facilities of the Warsaw Convention shall be at the disposal of air carriers which are signatories to the Agreement, in whole or in part, unless an air carrier decides to renounce them or is required by a governmental authority. Carriers who are signatories to the Convention undertake to waive the limitations of liability provided for in the Warsaw Convention (1929), the Hague Protocol (1955), the Montreal Convention of 1966 and/or the restrictions which they have previously agreed to implement or which have been required by governments to implement them. 4. To encourage other airlines involved in international passenger transport to apply the provisions of this Agreement to such carriage. 5. Implementation of the provisions of this Agreement by 1 November 1996 at the latest or after receipt of the necessary administrative authorisations, depending on the subsequent value. Sign this_____ day of ______ To ANM. OWEIT, the limitations of liability of the Convention, which have not been modified since 1955, are now totally insufficient in most countries and international airlines have previously acted together to increase them for the benefit of passengers; the Intercarrier agreement is an “Umbrella” agreement; The specific legal rights and obligations of the signatory air carriers with respect to passengers are set out in the applicable conditions of carriage and tariff documents. Such a waiver by a carrier may be subject to the passenger`s right of residence, which governs the calculation of reimbursable damages in accordance with the Intercarrier Agreement.
But it is an option. If a carrier wishes to waive limitations of liability, but does not insist on the passenger`s right of residence, which regulates the calculation of reimbursable damages, or if it is not requested by a governmental authority, it may invoke the law of the court to which the case is subject. CONSIDERING that the Warsaw Convention is of great use for international air transport; and 8. That any airline that is a party to this Agreement may terminate this Agreement by submitting a twelve (12) month written declaration of resignation to the Director General of IATA and the other air carriers party to the Agreement. (6) This Agreement does not affect the rights of the passenger or applicant, which are otherwise available under the Agreement. 1. to take measures to waive the limitation of liability for reimbursable damages provided for in Article 22(1) of the Warsaw Convention* in respect of claims for death, personal injury or other bodily injury of a passenger within the meaning of Article 17 of the Convention, in such a way that eligible damages are determined and awarded in accordance with the legislation of the passenger`s residence. 3. To reserve the right of recourse to another person, including the rights to contribution or compensation, in respect of amounts paid by the carrier.
(7) That this Agreement may be signed in any number of equivalents, all of which form an Agreement. Any air carrier may become a party to this Agreement by signing a counterparty to this Agreement and depositing it with the Director General of the International Air Transport Association (IATA). . . .