Common use of WARSAW CONVENTION Clause in Contracts

WARSAW CONVENTION. With respect to all international carriage or transportation governed by 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 September 28, 1955 (in either case, “the Warsaw Convention”), Cape Air agrees in accordance with Article 22(1) of the Warsaw Convention that, as to all international carriage or transportation hereunder as defined in the Convention: a.) Cape Air shall not 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 other Warsaw Convention. b.) Cape Air shall not 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 113,100 Special Drawing Rights (SDR’s). c.) Except as otherwise provided in the preceding paragraphs, Cape Air reserves all defenses available under the Warsaw Convention to such claims. With respect to third parties, Cape Air reserves all rights of recourse against any other person, including without limitation, rights of contribution and indemnity. d.) Cape Air 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. NOTE: This section regarding the Warsaw Convention shall expire as provided in the U.S. Department of Transportation Order 97-1-2 and be replaced in accordance with any final action or order of the Department entered in Docket OST-96-1607.