Common use of Warsaw Convention Application Clause in Contracts

Warsaw Convention Application. Xxxxxxx agrees in accordance with Article 22(1) of the Warsaw Convention that, as to all international transportation hereunder as defined in the Warsaw Convention: 1. Carrier shall invoke the limitation of liability in Article 22(1) of the Warsaw Convention as to any claim for recoverable compensatory damages arising under Article 17 of the Warsaw Convention; 2. Carrier shall avail itself of any defense under Article 20(1) of the Warsaw Convention with respect to that portion of such claim which does not exceed 100,000 Special Drawing Rights (SDR’s); 3. Except as otherwise provided in Rule 25.B.1 and Rule 25.B.2, Carrier reserves all defenses available under the Warsaw Convention to such claims. With respect to third parties, Carrier reserves all rights of recourse against any other person, including without limitation, rights of contribution and indemnity; 4. Xxxxxxx 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; 5. Liability for delay of the Passenger shall not exceed the limitation set forth in the Warsaw Convention; 6. Nothing herein shall be deemed to affect the rights and liability of Carrier with regard to any claims brought by, on behalf of, or in respect to any person who has willfully caused damage which resulted in death, wounding, or other bodily injury of a Passenger; and 7. Any action brought pursuant to the Warsaw Convention is barred unless commenced within two years of the alleged occurrence.