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CONDITIONS OF CONTRACT (1) As used in this contract, "ticket" means "Passenger Ticket and Baggage Check", "carriage" is equivalent to transportation," and "Carrier"includes the air carrier issuing this ticket and air carriers that carry the passenger or his baggage hereunder or perform any other services related to such air carriage. For the purposes of the exemption [om] and limitation of liability provisions set forth or referred to herein, "Carrier" includes agents, servants, or representatives of any such air carrier. Carriage [to be] performed hereunder by several successive carriers is regarded as a single operation. (2) (a) Carriage hereunder is subject to the rules relating to liability established by the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw on October 12, 1929 (hereinafter called "the Convention") unless such carriage is not "international carriage" as defined by the Convention. (See Carrier's tariff for such definition.) (b) To the extent not in conflict with the foregoing, carriage hereunder and other services performed by each carrier is subject to (i) applicable laws (including national laws implementing the convention), government regulations, orders, and requirements, (ii) provisions herein set forth, and (iii) applicable tariffs, rules, regulations, and timetables (but not the times of departure and arrival therein) of such carrier, which are made pare thereof and which may be inspected at any of its offices and at airports from which it operates regular services. (c) It is agreed that Carrier's name may be abbreviated in the ticket, the full name and its abbreviation being set forth in Carrier's tariffs or timetables, and that for the purpose of the Convention Carrier's address shall be the airport of departure shown opposite the first abbreviation of Carrier's name in the ticket, and the agreed stopping places (which may be altered by Carrier in case of necessity) are this places, except the place of departure and the place of destination, set forth in this ticket and any conjunction ticket issued herewith, or shown in Carriers timetables as scheduled stopping places on the passenger's route. (3) Insofar as any provision contained or referred to in this ticket may be contrary to mandatory law, government regulations, orders, or requirements, such provision shall remain applicable to the extent that it is not overridden thereby. The invalidity of any provision shall not affect any other part thereof. (4) Except as the Convention or other applicable law may otherwise require: (a)Carrier is not liable for any death, injury, loss or claim of whatsoever nature (hereinafter collectively referred to as "damage") arising out of or in connection with carriage or other services hereunder, unless such damage is proved to have been caused by the negligence or willful fault of Carrier and there has been no contributor negligence of the passengers; (b) Carrier is not liable for any damage directly or indirectly arising out of compliance with laws, government regulations, orders or requirements or from any cause beyond Carrier's control; (c) in any event liability of Carrier for death, injury or delay of a passenger shall not exceed 125,000 French gold francs (consisting of 65 1/2 milligrams of gold with a fineness of 900 thousandths) or its equivalent; (d) liability of Carrier in respect of baggage and other personal property is limited to its declared value which shall not exceed $100 (U.S. currency) or tis equivalent per passenger, unless a higher valuation is declared in advance and additional charges are paid [[end page]] [[start page]] pursuant of Carrier's tariffs; (e) a carrier issuing a ticket or checking baggage for carriage exclusively over the lines of others does so only as sales agent; (f) if Carriers principal place of business is in territory of the British Empire or British Commonwealth of Nations, or in Ireland, or if the law applicable to the contract of carriage is the law of any such territory or any part thereof, it is a condition of the contract of carriage that passengers and baggage are accepted for carriage only upon condition that Carrier shall be under no liability in respect of or arising out of the carriage, and that passengers renounce for themselves, their representatives, and dependents all claims for compensation for injury (fatal or otherwise), loss, damage, or delay, howsoever caused, sustained on board the aircraft, or in the course of any of the operations of flight, embarking, or disembarking, caused directly or indirectly to passengers or their belongings or to persons who, but for this condition, might have been entitled to claim, and whether caused or occasioned by the act, neglect or default of Carrier, or otherwise howsoever, and that passengers for themselves and their estates will indemnify Carrier against any such claim. (5) Baggage carried hereunder will be delivered to the bearer hereof upon return to Carrier of the luggage (claim) tag(s). (6) When validated this ticket is good for carriage from the place of departure to the place of destination via the route shown herein and is valid for one year form the date of commencement of flight, except as otherwise provided in Carrier's tariffs. Each flight coupon will be accepted for passage on the date and flight for which accommodations are reserved; when flight coupons are issued on an "open date" basis, accommodations will be reserved upon application, subject to availability of space. (7) Times shown in timetables or elsewhere are approximate and not guaranteed, and form no part of this contract. Schedules are subject to change without notice. Carrier assumes no responsibility for making connections. Carrier may without notice substitute alternate carriers or aircraft and, if it deems advisable because of any fact beyond its control, cancel, terminate, divert, postpone or delay any flight or the further right of passage or reservation of Traffic accommodations, and determine if any departure or landing should be made, without any liability except to refund in accordance with its tariffs the fare and barge charge for any unused portion of the ticket. If question arises of any aircraft's being overloaded, Carrier shall decide in its reasonable discretion which passengers shall be carried. (8) The time limits for giving notice of claims and institution of suit are set forth in Carriers Tariffs. (9) The passenger shall comply with all government travel requirements, present all exit, entry, and other documents required by law, and arrive at the airport by the time fixed but Carrier or, if no time is fixed, sufficiently in advance of flight departure to permit completion of government formalities and departure procedures. Carrier is not liable for loss or expense due to passenger's failure to comply with this provision. (10) NO agent, servant or representative of Carrier has authority to alter, modify or waive any provision of this contract. SOLD SUBJECT TO TARIFF REGULATIONS ISSUED BY BRANIFF AIRWAYS, INC., Member of Int. Air Trans. [Ass'n.]
