BEFORE THE ^^-^' 0,...,,crumMllOJ DEPARTMENT OF TRANSPORTATION ' OFFICE OF THE SECRETARY, WASHINGTON, D.C. Application of SmartLynx Airlines, Ltd. for a Foreign Air Carrier Permit pursuant to 49 U.S.C. 41302 (European Union - United States) Docl<et OST-2009- /^f<z^ APPLICATION OF SMARTLYNX AIRLINES, LTD. FOR A FOREIGN AIR CARRIER PERMIT Communications witli respect to this document should be addressed to: May 27, 2009 Mark W. Atwood Sher & Blackwell, LLP 1850 M Street, N.W. Washington, D.C. 20036 (202)463-2513 matwood@sherblackwell.com Counsel for SmartLynx Airlines, Ltd. NOTE: Any person may support or oppose this application by filing an answer in the above-referenced docket, and serving a copy on undersigned counsel an all persons on the attached service list. Answers must be filed not later than June 16, 2009.
BEFORE THE DEPARTMENT OF TRANSPORTATION' OFFICE OF THE SECRETARY WASHINGTON, D.C. Application of SmartLynx Airlines, Ltd. for a Foreign Air Carrier Permit pursuant to 49 U.S.C. 41302 (European Union - United States) Docket OST-2009- APPLICATION OF SMARTLYNX AIRLINES, LTD. FOR A FOREIGN AIR CARRIER PERMIT SmartLynx Airlines, Ltd. ("SmartLynx"), an air carrier of the Republic of Latvia, hereby applies, pursuant to the provisions of 49 U.S.C. 41302, for a foreign air carrier permit authorizing the carrier to operate charter foreign air transportation of persons, property and mail to the extent authorized pursuant to the United States-European Union Air Transport Agreement of April 2007, as described below. This application is filed in accordance with the U.S.-E.U. Reciprocal Recognition Procedures adopted by the Joint Committee by exchange of letters dated January 12, 2009. In support of its application, SmartLynx submits as follows: 1. Name and address: SmartLynx Airlines Ltd. "Mazrudas," Marupes Settl. Riga District, LV-2167 Republic of Latvia The airline was formerly known as LatCharter Airlines. It changed its name last year.
2. Statement of authority sought: Charter foreign air transportation of persons, property and mail (A) between any point or points behind the European Union, via any point or points in the European Union and intermediate points, to any point or points in the United States, and beyond; (B) between any point or points in the European Common Aviation Area and any point or points in the United States; and (C) pursuant to the prior approval requirements of Part 212 of the Department's Economic Regulations. 3. Homeland authority: SmartLynx is registered as a limited liability company on the Registry of the Enterprises of the Republic of Latvia. It holds an Air Operator Certificate from the Latvian Civil Aviation Agency for "commercial air transport operations." This authority expires January 25, 2010, but the carrier expects it to be renewed at that time. The carrier also holds an Operating License for "Air Services" from the Latvian Ministry of Transport, Aviation Department. This authority is of unlimited duration. Copies of these documents are attached as Exhibits SL-1 through SL-3, respectively. 4. Foreign air transport authority: SmartLynx is overseen by the Latvian Civil Aviation Authority, the address of which is: Airport "Riga" LV-1053 Republic of Latvia Tel. (371)678-30936 Fax. (371)678-30967 Email: Latcaa@latcaa.qov.lv Information can be verified by the Director of the CAA, Mr. Maris Gorodcovs, who can be reached at Maris.aorodcovs(a)latcaa.qov.lv. or (371) 678-30940.
5. Insurance coverage: SmartLynx has full aviation insurance coverage adequate to meet the Department's requirements, as issued by AON Insurance Limited on behalf of Lloyd's Underwriters and certain other insurance companies. An executed copy of the DOT Certificate of Insurance is attached as Exhibit SL- 4. 6. Warsaw waiver: An executed copy of Form GST 4523 is attached as Exhibit SL-5. 7. Family Support Plan: SmartLynx has developed a plan to address the needs of families of passengers involved in foreign air carrier accidents under 49 U.S.C. 41313. This plan will shortly be filed with the National Transportation Safety Board and in Docket OST-98-3304. 8. Energy information: SmartLynx does not anticipate that its operations will result in a near-term annual increase in fuel consumption of 10 million gallons or more, and thus grant of this authority will not be a major regulatory action requiring an energy statement under 14 CFR Part 313. 9. Supplemental information: Though not required under the U.S.-E.U. Reciprocal Recognition Procedures, SmartLynx would like to provide some additional information to better acquaint the Department with the carrier, its background, and its operations. SmartLynx - known until last year as LatCharter Airlines - was established in 1992. Since 2006, the carrier has been a subsidiary of the Icelandair Group.^ Its fleet consists of eight A320-200 and two Boeing 767- ^ Under paragraph 3, Article 1, Annex 4 to the U.S.-E.U. agreement, Iceland, as a member of the European Common Aviation Area, is treated as a Member State of the
300ER aircraft. It operates passenger charters from Riga and Talinn (Estonia) to various Mediterranean and Middle Eastern destinations, including Turkey, Greece and Egypt. It also frequently operates ACMI leases on behalf of other foreign air carriers such as Virgin Nigeria, Israir, Finnair, XL France, Air Malta and Santa Barbara Airlines. At this time, Latvia has not yet been inspected by the FAA under its International Air Safety Assessment program. The Latvian CAA is taking steps toward the goal of achieving Category 1 lasa certification, which it hopes will be accomplished in the next year. Until that occurs, of course, SmartLynx would not be in a position to operate its own aircraft into the United States. The carrier is currently evaluating its options for a wet lease or other arrangements. Ultimately it plans to operate charter flights between the European Union and the United States. ACCORDINGLY, SmartLynx Airlines Ltd. requests that it be granted a Foreign Air Carrier Permit as described above, and that the Department grant it such other and further relief as it may deem appropriate. Respectfully submitted/ Mark W. Atwood Sher & Blackwell, LLP 1850 M Street, N.W. Washington, DC 20036 (202)463-2513 Dated: May 27, 2009 Counsel for SmartLynx Airlines, Ltd. European Union for purposes of ownership and control of Community air carriers under Article 4 of the agreement.
CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Application of SmartLynx Airlines Ltd. for a Foreign Air Carrier Permit has been served this 27*^ day of May, 2009, on the following addressees: John Byerly Deputy Assistant Secretary for Transportation Affairs Bureau of Economic and Business Affairs Department of State 2201 C Street, NW Washington, DC 20520 Louis Alvarez Manager, New York International Field Office Federal Aviation Administration 1 Aviation Plaza, Room 504 Jamaica, NY 11434-4809
EXHIBIT SL-1 Page 1 of 4 LATVIJAS REPUBLIKAS UZNEMUMU RE^ISTRS KOMERSANTA RE^ISTRACIJAS APLIEClBA Nosau^ums: SIA "SMARTLYNX AJALINES"! " ' 1 Veids: Satiiedji^^^^Ueco^eiotu atbildibu. < -. - / <, f ^.-,l;--:f'^.'f.!.:.^.i'^-"l>-" -. I R^iStraeijas disttuiiis uz^smuniii re^istr3; il{&3m9'z'/^fi Regisfiracijrs datbifhs kpjfnerqregistra: plb7.20'93, " Registracijas vieta: iriga.:. / -C;: > ". ' - ' : '. ".. - - - : " ',. - - ^? - ' " ^ ' ' " ' ' ;. - ^ ' Apliecibas izdosanas datirtn^:.24^139^00& atkawbti, ' Latvijas Republikas Uz^emumu registra Valsts notars Latvijas Republikas Uz^gmumu registrs. ferses iela 2, Riga, LV-1011, Latvija K 060402 e-pasts: riga@ur,gov.lv, intemets;http//www.ur.gov.iv Talr. 67031703,
EXHIBIT SL-1 Page 2 of 4 Riga, Zaubes iela 7-2, 2008. gada (^^. novembrl ea, zvsrinats notars IRENA ZIRINGA, apllecinu 51 noraksta pareizibu. Dokumenta ori^inalu uzradlja Marija BaSkova, personas kods 051082-11153, dziv. Riga, VirSu iela 8, dz.l6. Zverinats notars nepbrbauda iesniegta dokumenta izdosanas likumlbu, bet parbauda tikai ta atbilstlbu uzradltajam dokumentam. Iesniegtaja dokumenta labojumu, svitrojurau, piemetinajumu, dzssumu un citu ipatnlbu nebija. Iered(istrets ar Nr. Valsts nodeva La Amata atlldzlba Ls PVN 18% La '^'^yb^ Kopa_..Ls-
EXHIBIT SL-1 Page 3 of 4 /Translation from Latvian/ /state emblem/ REGISTRY OF THE ENTERPRISES OF THE REPUBLIC OF LATVIA A BUSINESSMAN REGISTRATION CERTIFICATE Name: Limited liability company "SMARTLYNX AIRLINES" Type; Limited liability company United registration number: 40003056133 Date of registration in the register of enterprises: 31.03.1992 Date of registration in the commercial register; 03.07.2003 Place of registration: Riga Certificate date of issue: 24.09.2008 repeatedly /stamp / /signature/ State Notary of the Registry of The Enterprises of The Republic of Latvia Liduma Ilze Registry of The Enterprises of The Republic of Latvia. Perses street 2, Riga, LV-1011, Latvia Phone 7031703, Fax (371) 7031793, e-mail: riga@ur.gov.lv, internet: http://www.ur.gov.lv C 060402
EXHIBIT SL-1 Page 4 of 4.In Riga, at Zaubes street 7-2, on NovemheX^f_, 2008 me, sworn notary IRENA ZIRINGA, hereby certify the authenticity of this copy. The original document was produced by Mariya Bashkova, personal code 051082-11153, residing in Riga, Virsu street 8-16. Sworn notary does not check the legitimacy of the provided document, but checks only its correspondence to the produced original. The provided document contains no corrections, crossed-out words, additions, erasures or other specific characters. Registered with No. f^^^ State fee levied LVL./2 <^ Office fee LVL s/, '-/J' VART 18% LVL Total LVL Ij^iV Sworn notary /stamp/ IRENA ZIRINGA Sworn translator Mariya translation. Bashko certifies the authenticity of In Riga, at Zaubes street 7-2, ^ ' 2008 me, sworn nota ZIRINGA, hereby certify that a signature of Mariya Bashkova, personally by her verbal declaration residing in Riga, Virsu street 8-16, personal coc^ 11153, born on October 05, 1982 in Riga, is true and is made in my presence^ The present document, whereby only the authenticity of the signature is o deemed to be private document and the sworn notary bears no respj^^s^;^ contents. Registered with No. State fee levied LVL Office fee LVL xit document -. / pages are stitched shd sealed.
EXHIBIT SL-2 Page 1 of 3 LATVIJAS REPUBLIKA REPUBLIC OF LA TVIA CIVILAS AVIACIJAS AQENTURA CIVIL A VIATION AGENCY GAISA KU^U EKSPLUATANTA APLIEClBA (GKEA) AIR OPERATOR CERTIFICATE (AOC) Nr. LVA-93/3 SIA SMARTLYNX AIRLINES" SMARTLYNX AIRLINES Ltd MAZRUDAS, MARUPES PAGASTS, RiGAS RAJONS, LV-1053, LATVIJA Telephone: + 271 67207292 Fax: + 271 67207750 E-mail: info@smart-lynx.com SI Gaisa kugu ekspiuatanta aplieclba apliecina, ka SLV SMARTLYNX AIRLINES" ir kompetenta veikt komercialo gaisa transporta darblbu, ka noteikts aplieclbai pievienotajos Ekspluatacijas nosacijumos, atbilstosi DarbTbas rokasgramatas, Padomes Regulas (EEK) Nr.3922/91 III pielikuma un Latvijas Republikas likuma 'Tar aviaciju" devms noda}as nosactjumiem. This certificate certifies that SMARTLYNX AIRLINES Ltd is authorized to perform commercial air transport operations, as defined in the attached operations specifications, in accordance with the Operations Manual, Annex III to the Council Regulation (EEC) No 2922/91 and the Chapter Nine of Act on Aviation of the Republic of Latvia. T aplieclba nav nododama citam un ir speka lldz 2010. gada 25. janvarim, ja vien tas darbiba iepriekg netiek partraukta vai atcelta. This certificate is not transferable and unless sooner suspended or revoked, shall continue in effect until the day twenty fifth of January 2010. Izsmeg anas vieta: Riga Issued at: IzsniegSanas datums: 2009. gada 20. janvaris Date of issue: lenemamais amats: Direktora vietnieks Title: Deputy Director er^onoks JAA Form 100-Republic of Latvia Civil Aviation Agency AOC NO: LVA-92/2 Issue No: 15 Page 1 ofl MHi BiiMI
»* EXHIBIT SL-2 IPage 2 of 3 LATVIJAS REPUBLIKA - CivilSs aviacijas a^entura REPUBLIC OF LATVIA - Civil Aviation Agency AIRPORT RrGA" 10/1, MARUPES PAGASTS, LV-1053, LATVIA Telephone: + 371 67830936 Fax: +371 67830967 E-mail: Latcaa@Latcaa.gov.tv GAISA KUQU EKSPLUATANTA APLIEClBA (GKEA) AIR OPERATOR CERTIFICATE Nr. LVA-93/3 SIA SMARTLYNX AIRLINES" SMARTL YNXAIRLINES Ltd EKSPLUATACIJAS NOSAClJUMl OPERA TIONS SPECIFIC A TIONS A) Darblbas veids(i) Type(s) of Operations B) Gaisa kuga tips(i) Typc(s) of Aircraft C) Darblbas re4ions(i) Area(s) of Operations D) SpeciSlic ierobei^ojumi Special Limitations A1 Pasazieru (Passenger) A2 Kravas {Cargo) A320-211 A1;A2 A320-212 A1;A2 Boeing 767-3 YO A1;A2 EUR; MID/ASIA; API; PAC; NAT; CAR; SAM; NAM (In accordance with ICAO Doc 7030) Nav (None) E) Speciaias at aujas/apstiprinajumi Special A uthorizations/approvals A320-211 A320-212 Boeing 767-3 YO/P&W 4060 E1;E2;E5;E8;E9;E11 E1;E2;E5;E8;E9;E11 E1;E2;E6;E7;E8;E9;EI1 E1 -CAT 11 Operations: RVR-300m; DH-lOOft E2-CAT1HA Operations: RVR-200m; DH-SOft E5-Take-offOperations: RVR-75m E6-MNPS EUR; NAT; PAC E7-ET0PS 800nm/120min E8-Apstiprinata ekspluatacijai B-RNAV un P-RNAV vide (Basic RNA V & Precision RNA V Operations) E9-Sama/.inata vertikala distance ana (RVSM) E11 -BTstamas kravas, izijemot radioaktlvos material^ (Dangerous Goods except radioactive materie Izsniedzejs (Issued by): Paraksts (Signature): _ Vards uzvards (Name): lepemamais amats (Title): Datums (Date): JAA Form 100 Civil Aviation Agency AOC No: L VA'93/3 Operations Specifications Page I of 2 IS Gorodcci Jirektor; (Direc^ 20.03
(EXHIBIT SL-2 Page 3 of 3 LATVIJAS REPUBLIKA - Civiias aviacijas agentora REPUBLIC OF LA TVIA - Civil Aviation Agency AIRPORT RTGA" 10/1, MARUPES PAGASTS, LV-1053, LATVIA Telephone: + 371 67830936 Fax: +371 67830967 E-mail: Latcaa@Latcaa.gov.lv GAISA KUQU EKSPLUATANTA APLIEClBA (GKEA) AIR OPERA TOR CERTIFICA TE Nr. LVA-93/3 SIA SMARTLYNX AIRLINES" SMARTLYNX AIRLINES Ltd EKSPLUATACIJAS NOSACfJUMI OPERA TIONS SPEC I PICA TIONS F) Gaisa ku^u registracijas ztmes Aircraft Registration Marks A320-211 A320-212 Boeing 767-3 YO YL-BCB;YL-LCC;YL-LCD;YL-LCE YL-LCF YL-LCY; YL-LCZ G) LidotspSjas uzturs anas organizacijas apliecibas Nr. Continued Airworthine.ss Management Organization Number H) CAA apstlprinstais personals Personnel accepted by the CAA Accountable Manager: Quality Manager: Accident Prevention & Flight Safety Programme Manager: Nominated Postholders and Contact Details for: Flight Operations: The Maintenance System: Ground Operations and Dangerous Goods: Crew Training: Igors Bezsmertnijs Marko Hal la Eligijus Jentkus Vadims Mironovs LV.MG.0004 Rolands RamiijS Ruta Bogdane Aleksandrs Bruks Tel.: +371 26594049; Fax: +371 67207750E E-mail: igors.bezsmertnijs@smart-lynx.com Tel. +371 27891320; Fax: +371 67207750 E-mail: marko.halla@smart-lynx.com Tel. + 371 28658086; Fax: +371 67207750 E-mail: eligijus.jentkus@smart-lynx.com Tel. + 371 29420048; Fax: +371 67^0>75O E-mail: vadims.mironovs@smact%nx.com Izsniedzejs (Issued by): Paraksts (Signature): Vards uzvards (Name): lepemamais amats (Title): Datums (Date): JAA Form 100 Civil A viation Agency A OC No: L VA-93/3 Operations Specifications Page 2 of 2 MShs Gorodcovs Jirektors (Direct, 20.03.
r J.A g-v'a?- : EXHIBIT SL-3 jpage 1 of 1 m:.}yi^i^'}i- w Latvijas Republikas Saciksmes mi Ayiadjas departaments Ministry of Tratispbrc of the H;epubJk of Latvia Aviacfen Deparcment par tiesibaitri yeikc gaisa parvadajurnus., ;,, /.\: ^-, ;ofv;air Services-,' : Ivsiiicuui suskai.itt ar I-iropas I'Hrlamenla iin I'aclnnK's 2()()8.i!;Klii 24..scplL"nibru Regulu (EK) Nr. I (K)8/2008 par koplgicm nnteikumictii gaisa parvudiijuriiu pakulpqinnni snieasanai KopicnA (psrstrsdatil versija) f>sui.\i ill acciiriiaiicc wiili Regulation (IX?) No 1008/2008 of llio f-uropcaii Parlianieiil and of Ihc Council of 24 September 2008 on common rules for the operation of air services in the ( onimiinil\ (Recast) (Official Journal L 29? of.1l.l0.2f)08) Ni-ZNo 2009-02 Deriga no/valid. frorn 15.04.2009. lidz/tiii unlimited Izsniegta/lssiied to SIA SMARTLYNX AIRLINES" Reg. Nr. Uzoemumu registra '*<^^5<>133 Reg. datums 31.03.1992. Reg. No Register of.brnerpriscsi Date of registration Adrese/Address Lidosta Rlga", Marupes pagasts, Rlgas rajons, LV-1053 Direktors/Director A. Muiinieks Reg.Nr./Reg.No 14-30/219 Datums/pate 15.04.2009. VJeta/Place Riga J
m Office of the Secretary of Transportation EXHIBIT SL-4 Page 1 of 2 AGENCY DISPLAY OF ESTIMATED BURDEN The public reporting burden for this collection of information is estimated to average 30 minutes per response. If you wish to comment on the accuracy of the estimate or make suggestions for reducing this burden, please direct your comments to: U.S. Department of Transportation, Office of Aviation Analysis, X-56, 400 7th St., SW,., Washington, DC. 20590. According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. NOTE: For information on where to file completed copies of this form, see FILING INSTRUCTIONS below. OMB No. 2106-0030 Expires 9-30-2(XI7 FOREIGN AIR CARRIERS - CERTIFICATE OF INSURANCE POLICIES OF INSURANCE FOR AIRCRAFT ACCIDENT BODILY INJURY AND PROPERTY DAMAGE LIABILITY FILING INSTRUCTIONS: File a signed original of this form with the Federal Aviation Administration, Air Transportation Div., AFS-260, 800 Independence Ave., SW,, Washington, DC 20591. (See EXCEPTION below.) EXCEPTION: If Section 2.A. is filled in because the insured is a Canadian Charter Air Taxi Operator, file an original of this form with the U.S. Department of Transportation, Special Authorities Division (X-46), 400 7th Street, SW, Washington, D.C. 20590 (Please type information, except signatures.) THIS CERTIFIES THAT: CERTAIN LLOYD'S UNDERWRITERS AND VARIOUS INSURANCE COMPANIES (Name of Insurer) has issued a policy or policies of Aircraft Liability Insurance to SMARTLYNX AIRLINES LTD., "MAZRUDAS", MARUPES SETTL, RIGA DISTRICT, LV-2167, LATVIA FAA Certificate Number (Name, address and FAA Certificate number of Insured Foreign Air Carrier) effective from 1 ^ December, 2008 until ten (10) days after written notice from the insurer or carrier of the intent to terminate coverage is received by the Department of Transportation. NOTE: Part 205 of the Department's Regulations does not allow for a predetermined termination date, and a certificate showing such a date is unacceptable. The Insurer (Check One): D is licensed to issue aircraft insurance policies in the United States; H is licensed or approved by the government of VARIOUS COUNTRIES to issue aircraft insurance policies; or D is an approved surplus line insurer in the State(s) of 2, The insurer assumes, under the policy or policies listed below, aircraft accident liability insured to minimums at least equal to the following during operation, maintenance, or use of aircraft In "foreign air transportation" as that term is defined in 49 U.S.C. 40102. (Complete applicable section A, B, or C below): A. CANADIAN CHARTER AIR TAXI OPERATORS WITH PART 294 AUTHORITY ONLY The aircraft covered by this policy have: (1) 30 or fewer passenger seats and a maximum payload capacity of 7,500 pounds or less; and/or (2) a maximum authorized takeoff weight on wheels of no more than 35,000 pounds. (Complete separate or combined coverage as appropriate): 1. D Separate Coverages: Policy No. fi^inimum Limit Type of Liability Each person Each Occurrence Combined Bodily Injury (Excluding Passengers other $75,000 $2,000,000*(See note) than cargo attendants) and Property Damage Liability Passenger Bodily Injury $75,000 $75,000x75% of total number of passenger seats Installed in aircraft Q Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required minimums stated above for bodily injury (excluding passengers), property damage, and passenger bodily injury. Policy No._ Amount of Coverage_ U.S. Dollars D This policy covers CARGO operations only and excludes passenger liability insurance. NOTE: If the aircraft covered by this policy have more than 30 passenger seats or more than a maximum payload capacity of 7,500 pounds, the minimum limit per occurrence shall be $20,0(X),000.
EXHIBIT SL-4 Page 2 of 2 OST Form 6411 B. FOREIGN AIR CARRIERS OPERATING SMALL AIRCRAFT The aircraft covered by this policy are SMALL AIRCRAFT (i.e., with 60 or fewer passenger seats or with a maximum payload capacity of 18,000 pounds or less). (Complete separate or combined coverage as appropriate): D Separate Coverages: f^inimum Limit Policy No. Type of Liability Each person Each Occurrence Combined Bodily Injury (Excluding Passengers other $300,000 $2,000,000 than cargo attendants) and Property Damage Liability Passenger Bodily Injury $300,000 $300,000 x 75% of total number of passenger seats installed in aircraft D Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required minimums stated above for bodily injury (excluding passengers), property damaged, and passenger bodily injury. Policy No._ Amount of Coverage U. S. Dollars D This policy covers CARGO operations only and excludes passenger liability insurance. C. FOREIGN AIR CARRIERS OPERATING LARGE AIRCRAFT The aircraft covered by this policy are LJ^RGE AIRCRAFT (i.e., with more than 60 passenger seats or with a maximum payload capacity of more than 18,000 pounds). (Complete separate or combined coverage as appropriate): D Separate Coverages: Minimum Umit Policy No. Type of Liability Each person Each Occurrence Combined Bodily Injury (Excluding Passengers other $300,000 $20,000,000 than cargo attendants) and Property Damage Liability Passenger Bodily Injury $300,000 $300,000 x 75% of total number of passenger seats installed in aircraft HI Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required minimums stated above for bodily Injury (excluding passengers), property damaged, and passenger bodily injury. Policy NO.AK0826631 Amount of Coverage AS REQUIRED B Y PART 14 CFR 205 a This policy covers CARGO operations only and excludes passenger liability insurance. 3. The policy or policies listed in this certificate insure(s) (Check One): Make and Model FAA or Foreign Flag Registration No. M Operations conducted with all aircraft operated by the insured D Operations conducted with the following types of aircraft: D Operations w/ith the following aircraft: (Use additional page if necessary) 4. Each policy listed in this certificate meets or exceeds the requirements in 14 CFR Part 205. CERTAIN LLOYD'S UNDERWRITERS AND VARIOUS INSURANCE COMPANIES (Name of Insurer) (Address) (City. State. Zip Code) Contact (person who can verify the effectiveness of the coverage) AON LIMITED. AVIATION (Name of Broker, if applicable) 8 DEVONSHIRE SQUARE (Address) LONDON EC2M 4PL (City, State, Zip Code) PAUL BAKER (Officer or authorized representative) / / (Area Code, Phone Number) (Area Code, Fax Number) (Area Code, Phone Number) (Area Code, Fax Number) (Signature, if applicable) (+44) 20 7668 9606 ( >-44) 20 7216 3149 (Signature) (Date) 23 April, 2009 (Date)
EXHIBIT SL-5 Page 1 of 1 AGREEMENT Tlic undersigned carriers (hcretnattcr referred to as "the Carriers'"_ hereby agree as follows: 1. liuch of ihc Carriers!>hull, elteclive May 16. t%(). include the following in its eondilions of carriage, including, tarilts cmfhxlying conditions ofcarriagc filed by il with any govemnieni: "The Carrier shall avail itself of the limitation of liability provided in the Convention for the Unification of Certain Rules Kclating to International Carriage by Air signed ai Warsaw October 12"". 1929. or provided in the said Convention as amended by die Protocol signed at The Hague September 28'^ 1955. However, in acoirdancc with Article 22(1) of said Convention, or said Convention as amended by said Prottxx>l. the Carrier agrees that, as to all international transportation by the Carrier as defined in the said Convention or said Convention a."; amended by said Protocol, which, according to the contract of Carriage, includes a point in the llniied Slates of America as a point oforigin. point ofdcstination, or agreed stopping place (1) The limit of liability for each passenger for death, wounding, or other txxlily injury shall be the sum of US $75,000 inclusive of legal fees and costs, except that, in ca.se of a claim brought in a State where provision is made for separate award of legal fees and costs, the limit shall be the sum of OS $58,000 exclusive of legal fees and costs. (2) The Carrier shall not, with respect to any claim arising out of the death, wounding, or other bodily injury of a passenger, avail itself of any defense under Article 20( 1) of said Convention or said Convention as amended by said Protocol, 2. Each Carrier shall, at the time of delivery of the ticket, furnish to each pa.ssenger whose transportation is governed by the Convention, or the Convention as amended by the Hague Prot<wol, and by the special contract described in paragraph I, the following notice, which shall be printed in type at least as large as 10 point modem type and in ink contrasting with the stock on (i) each ticket; (ii) a piece of paper either placed in Ihe ticket envelope wilh Ibe litkcl or attached to the lickel; or (iii) on the ticket envelope: ADVlCi; lo IN n:rnal lonal PASSENGER ON LlMl la IION 01- I.IAUII.I ly" Pa.wengers on a journey involving un ulliiriate destination or a stop in a country other than Ihc country oforigin are advised that the provisions of a treaty known as the Warsaw Convention may be applicable to the entire journey, including any portion entirely within the country oforigin or destination, i'or such passengers on a journey to, from, or with an agreed stopping place in the United Slates of America, Ihe convention and special contracts of carriage embodied in applicable tariffs provide that the liability of [certain ) (name of carrier) and certain other) carriers parties to such.special contracts for death of or personal injury lo passengers is limited in most cases to proven damages not to exceed US $75,000 per passenger, and that this liability up lo such limit shall not depend on negligence on the part of the carrier. Kor such passengers traveling by a carrier not a party lo such special contracts or on a journey not to. from, or having an agreed stopping place in the United Slates of America, liability of the carrier for death or personal injury to passengers is limited in most ca.ses to approximately US 410.000 or US $20,000. The names of Carriers parties to.such special conlracis are available at all lickel offices of such carriers and may be examined on request. Additional protection can usually txr obtained by purchasing insurance from a private company. Such insurance is not altecled by any limitation of the carrier's liabilily under Ihe Warsaw Convention or such special contracts of carriage. For furlher information plca.se consult your airline or insurance company representative.".1. [The Agreement was filed with Ihc Civil Aeronaulics Board of the United States. The Hoard approved il by Order F-2.1680. adopted May 13, 1966. the Agreement (Agreement 18900) became elteclive May 16. 1966. On January I, 1985, this Agreement became Ihe rcsptinsibilily of the Department of Irimsportation (LK)'l) by operation of law. 4. This Agreement may be signed in any number of aiuntcrparts. all of which shall constitute on Agreement. Any Carrier may become a part to this Agreement by signing a counterpart hereof and depositing il wilh DOT. 5. Any Currier party hereto may withdraw from this Agreement by giving twelve (12) months' written notice of withdrawal lo DOT and the other Carriers parties lo Ihe Agreement. Either alternative may be used. J (/P ^PeiQ/fT/Q -L'J ^ L/ \ / faignalure and title] ~<-\['i fnsmc of carrier] '^" I ]address<rfcarrier] A ^ V