Tel: (202) 419-2604 - Daily Airline Filings

BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

QATAR AIRWAYS Q.C.S.C. and

US AIRWAYS, INC.

for Statements of Authorization pursuant to 14 C.F.R. Part 212 (U.S.-Qatar and Beyond Code-Sharing)

Docket OST-2009-

JOINT APPLICATION OF QATAR AIRWAYS Q.C.S.C. AND US AIRWAYS, INC.

Communications concerning this document may be served upon:

Anita M. Mosner Sophy Chen HOLLAND & KNIGHT LLP 2099 Pennsylvania Avenue Suite 100 Washington, DC 20006-6801 Tel: (202) 419-2604 Fax: (202) 955-5564 anita.mosner(a>hklaw.com [email protected]

Counsel for QATAR AIRWAYS Q.C.S.C.

NW,

Howard Kass Managing Director and Associate General Counsel

Benjamin T. Slocum Director and Assistant General Counsel

US AIRWAYS, INC. 1401 H Street, NW, Suite 1075 Washington, DC 20005 (202)326-5153 howard.kass(5)usairwavs.com benjamin.slocum(S),usairwavs.com

March 31, 2009

NOTICE: Answers to this Joint Application are due on or before April 9, 2009.

mailto:[email protected]

BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

QATAR AIRWAYS Q.C.S.C. and

US AIRWAYS, INC.

for Statements of Authorization pursuant to 14 C.F.R. Part 212 (U.S.-Qatar and Beyond Code-Sharing)

Docket OST-2009-

JOINT APPLICATION OF QATAR AIRWAYS Q.C.S.C. AND US AIRWAYS, INC.

Qatar Airways Q.C.S.C. ("QR") and US Airways, Inc. ("US")1 (collectively, the

"Joint Applicants") have entered into a commercial cooperation agreement ("Code

Sharing Agreement") to display each others' airline designator codes on certain flights

operated by the other carrier. The Joint Applicants hereby apply for Statements of

Authorization pursuant to 14 C.F.R. Part 212 to engage in the code-sharing services

described herein.

In support of their Joint Application, the Joint Applicants submit the following:

1. QR requests a Statement of Authorization to display the US Airways'

"US*" designator code on any and all flights operated by QR: (1) between any point in

Qatar and any point in the United States (either nonstop or via third-country intermediate

points); (2) between any points within Qatar in conjunction with services held out by US

between the United States and Qatar (either nonstop or via third-country intermediate

points) and (3) between any point in Qatar or the United States and any point in any third

country.

1 US also applies on behalf of its affiliated carriers, Piedmont Airlines, Inc. and PSA Airlines, Inc.

Joint Application of Qatar Airways and US Airways Page 2

2. US requests a Statement of Authorization to display Qatar Airways' "QR*"

designator code on flights operated by US: (1) between any point in the United States

and any point in Qatar (either nonstop or via third-country intermediate points); (2)

between any points within the United States in conjunction with services held out by QR

between Qatar and the United States (either nonstop or via third-country intermediate

points) and (3) between any point in the United States or Qatar and any point in any third

country.

3. QR currently holds a foreign air carrier permit that authorizes it to engage

in scheduled foreign air transportation of persons, property and mail from points behind

Qatar, via Qatar and intermediate points, to a point or points in the United States and

beyond. Order 2008-9-12.

4. US currently holds a Certificate of Public Convenience and Necessity for

Route 839 authorizing it to engage in scheduled foreign air transportation of persons,

property and mail between points in the United States and all of its current and future

open-skies partners, which includes Qatar.2 Order 2007-4-20.

5. Both QR and US are seeking Statements of Authorization consistent with

the authority available under the U.S.-Qatar Agreement, dated October 3, 2001, under

which "any designated airline of one Party may enter into cooperative marketing

arrangements such as blocked-space, code-sharing or leasing arrangements, with an

airline or airlines of either Party."3 In addition, the Joint Applicants' requests are

consistent with the Department's "standard practice to afford carriers the maximum

2 This authority includes authority to operate via the United States and intermediate points to a point or points within the places identified in the Certificate, and beyond, to the extent the applicable aviation agreement grants such rights. The U.S.-Qatar open-skies agreement includes beyond rights. See Air Transport Agreement between the United States of America and Qatar, Annex I, Section 1 (hereinafter "U.S.-Qatar Agreement"). 3 U.S.-Qatar Agreement, at Article 8, par. 7.


operating flexibility possible."4 DOT has granted similar blanket code-share Statements

of Authorization to other code-share partnerships between U.S. carriers and airlines from

Open Skies countries.5

6. The Joint Applicants are parties to a Code Sharing Agreement, effective

February 19, 2009, in which the carriers agree to terms governing the code-share

services for which the Statements of Authorization are sought. (A redacted copy of that

agreement appears as Appendix B.)

7. The reciprocal code-share services proposed by the Joint Applicants are

fully consistent with the public interest and DOT policy. The Department recognized in

its 1995 International Policy Statement that code-share services such as those proposed

herein produce important public benefits:

Code sharing and other cooperative marketing arrangements can provide a cost-efficient way for carriers to enter new markets, expand their systems and obtain additional flow traffic to support their other operations by using existing facilities and scheduled operations. Because these cooperative arrangements can give the airline partners new or additional access to more markets, the partners will gain traffic, some stimulated by the new service, and some diverted from incumbents. In this way, cooperative arrangements can enhance the competitive positions of both partners in such a relationship.

Increased international code sharing and other cooperative arrangements can benefit consumers by increasing international service options and enhancing competition between carriers, particularly for traffic to or from cities behind major gateways. By stimulating traffic, the increased competition and service options should expand the overall international market and increase overall opportunities for the aviation industry.5

In a more recent report, the Department reviewed the results of code-share alliances

4 Order 99-12-7, at 4. 5 See, e.g., United/Qatar (Notice of Action Taken dated July 19, 2007; Docket OST-2007-28628); American/TAP (Notice of Action Taken dated July 27, 2000, Docket OST-00-7504); Delta/Air France (Notice of Action Taken dated March 1, 2002, Docket OST-98-3740 and Statement of Authorization dated August 6, 1998, undocketed); and Delta/Alitalia (Notice of Action Taken dated October 26, 2001, Docket OST-01-10417). 6 U.S. International Air Transportation Policy Statement, 60 Fed. Reg. 21841, 21842 (May 3, 1995).


approved under the 1995 policy and reached the following conclusions:

[Multinational alliances are playing a key role in the evolving international aviation economic and competitive environment. They are providing improved, more competitive services in literally thousands of markets. And alliances have provided a way for carriers to mitigate the limitations of bilateral agreements, ownership restrictions, and licensing and control regulation. As a consequence, they are:

Stimulating demand. Leading pro-competitive changes in industry structure. Providing consumers the benefits of substantially lower prices.

Multinational alliances have fueled enormous increases in connecting traffic, both in markets that have historically suffered from poor quality interline service and virtually no competitive benefits, but also by providing service alternatives in markets that already have the benefit of seamless service by other individual airlines. They are just one important way that the airline industry has responded to aviation liberalization and the evolving competitive environment. They are also the only practical way to provide better service to thousands of passengers in long distance, low-density international markets.7

8. Code-sharing by QR and US between the United States and Qatar will

make both carriers more competitive for transatlantic traffic. US currently operates no

passenger service using its own aircraft between the United States and Qatar. By

placing the US* code on Qatar Airways' nonstop and one-stop flights between Doha and

Houston, New York and Washington, and on services between US's gateways in Europe

and Doha, US will be able to expand its passenger service to offer additional consumer

choices in the U.S.-Qatar market. In addition, by code-sharing with Qatar Airways, US

will be able to hold out a greater range of services to other points intermediate to and

beyond Qatar. Qatar Airways, for its part, will be able to hold out service on a code-

share basis on US's flights between the United States and US's European gateways via

connections from Qatar Airways' services between Doha and these European points. All

of the above services will benefit passengers by expanding the range of available online

7 DOT, International Aviation Developments: Global Deregulation Takes Off (December 1999), at 2.


service options and offering competition with other transatlantic airline code-share

partnerships.

9. The Joint Applicants hereby notify the Department that they plan to

commence code-sharing on the city-pair routes listed in Appendix A hereto, effective as

soon as all necessary government authorities have been received.8

10. A code-share safety audit of Qatar Airways has been conducted by IOSA

in accordance with the requirements of the DOT/FAA Code-Share Safety Program

Guidelines issued February 29, 2000. In December 2008, the audit was submitted to the

FAA by US for clearance, and the Joint Applicants request that the Department complete

its review of this Joint Application as soon as possible so that QR and US may move

forward with plans to implement their reciprocal code-share services with a minimum of

delay.

11. The Joint Applicants agree to accept the conditions normally applicable to

code-share authority such as requested herein. This includes the requirement to notify

the Department 30 days in advance of any new code-share operations9 and to notify the

Department of any code-share operations the carriers have agreed to discontinue.

12. The Joint Applicants also request that the Statements of Authorization be

8 The U.S. points to be served by Qatar Airways beyond its own and US's U.S. gateways include points served by both US and its affiliates. In view of the fact that these points are often served by both carriers and responsibility for services is frequently changing, including all points in the US network will avoid unnecessary and duplicative administrative filings. QR and US understand that in order for QR to code share on services operated by US's affiliates, such carriers will have to enter into code-share agreements with QR and obtain Statements of Authorization from DOT. 9 Pursuant to the Department's Notice issued February 9, 2009, the Joint Applicants hereby provide blanket notification of their intent to engage in additional reciprocal codesharing on open skies routes in the future. This blanket open skies notification will simplify the administration of routine, non-controversial open skies codeshare services provided by Qatar Airways and US Airways, and is fully consistent with the provisions of the Air Transport Agreement Between the United States and Qatar and other open skies agreements. It is also consistent with the Department's regulatory streamlining policy, including the policy of granting broad economic authority to serve open skies countries. In addition, the Official Airline Guide provides a reliable and officially noticed source of Qatar Airways' and US Airways' codeshare schedule information. (See14C.F.R. 302.24(g)(xix).)


issued for an indefinite period, as long as their code-share agreement continues in

effect, and will notify the Department if that agreement should cease to be effective.

13. The Joint Applicants agree to abide by the consumer notification

requirements of 14 C.F.R. Part 257 as well as the other conditions applicable to code-

share services operated to or sold in the United States. US's engagement in these

code-share services will not affect its commitment of aircraft to the CRAF program.

14. Pursuant to 14 C.F.R. § 212.12, the Joint Applicants request that the

Department waive its requirement set forth in 14 C.F.R. § 212.10 that Applications for

Statements of Authorization be filed 45 days in advance of the first proposed flight.

Good cause exists for the grant of this waiver.

WHEREFORE, the Joint Applicants respectfully request that the Department

grant the Statements of Authorization described above and any different or additional

relief that the Department may deem necessary,

jlly submitted,

Anita M. Mosner Howard Kass Sophy Chen Managing Director and HOLLAND & KNIGHT LLP Associate General Counsel 2099 Pennsylvania Avenue, NW, Suite 100 Washington, DC 20006-6801 Benjamin T. Slocum Phone:(202)419-2604 Director and Assistant General Fax: (202) 955-5564 Counsel [email protected] [email protected] US AIRWAYS, INC.

1401 H Street, NW, Suite 1075 Attorneys for Washington, DC 20005 QATAR AIRWAYS Q.C.S.C. (202) 326-5153

[email protected] [email protected]





Joint Application of Qatar Airways and US Airways

CERTIFICATE OF SERVICE

I hereby certify that I have this date served the foregoing document on the persons identified below by causing a copy to be sent by electronic mail.

RECIPIENT

Carl B. Nelson

Hershel 1. Kamen Dan Weiss

Scott McClain Sascha van der Bellen

Ben Graves Kelli Bryan

James J. Ballough

Angeline Bird Sandra Lunsford

Russell E. Pommer

Kevin P. Montgomery

Jeffrey Manley Julie Oettinger

David L. Vaughan Danielle Fisher

Malcolm L. Benge

John Byerly

Sandy Sinick

Howard Kass Benjamin T. Slocum

COMPANY

American Airlines

Continental Airlines

Delta Air Lines

Evergreen International Airlines, Inc.

Federal Aviation Administration

FedEx

Polar Air Cargo Inc. and Atlas Air, Inc.

Polar Air Cargo, Inc.

United Air Lines, Inc.

Counsel for UPS

Counsel for World Airways, Inc.

U.S. Department of State

Counsel for Alaska Airlines

US Airways, Inc.

E-MAIL

[email protected]




[email protected]


[email protected]

[email protected]



[email protected]

[email protected]

[email protected]


March 31, 2009

# 5873507 v6






















(A)

(B)

Joint Application of Qatar Airways and US Airways

Appendix A, Page 1

QR/US CODE-SHARE POINTS

US on QR (US*/QR)

Dubai Kuwait

Between Doha, Qatar

Houston, TX New York, NY Washington, DC

Between Philadelphia,

Athens Frankfurt London Gatwick London Heathrow

and the following:

Athens Frankfurt London Gatwick London Heathrow Madrid Manchester Milan Munich Paris Rome Stockholm Zurich

QR on US (QR*/US)

, PA and:

Madrid Manchester Milan Munich

Paris Rome Stockholm Zurich

(C) Between Charlotte, NC and:

Frankfurt London Gatwick Paris

Joint Application of Qatar Airways and US Airways Appendix B, Page 1 of 65

QATAR AIRWAYS i j jJznUt

CODE SHARE AGREEMENT

BETWEEN

QATAR AIRWAYS Q.C.S.C.

AND

US AIRWAYS, Inc. PIEDMONT AIRLINES, Inc.

PSA AIRLINES, Inc.

CONTRACT N°: QTR-CNT-2008-643

PROPRIETARY AND CONFIDENTIAL INFORMATION NOTICE The information contained in this document is Qatar Airways' Proprietary Information and is disclosed in confidence. It is the property of Qatar Airways and shall not be used, disclosed to others or reproduced without the express written consent of Qatar Airways. If consent is given for reproduction in whole or in part, this notice and the notice set forth on each page of this document shall appear in any such reproduction.

REF: QTR-CNT-2008-643


LIST OF CONTENTS

Article Contents Page N°

1 Definitions * 3-4

2 Main Principles *4-6

3 Flight Number Publication * 6

4 Commercial Cooperation * 6

5 Technical and Operational Requirements * 6-7

6 Routes, Schedules * 8

7 Reservations and Passenger Handling Procedures * 8

8 Free and Reduced Fare Tickets * 8

9 Cost and Revenues * 8

10 Tickets, Administration, Accounting and Settlements *8-9

11 Liability * 9-11

12 Insurance *12

13 Force Majeure * 12

14 Communication between the Parties * 12

15 Consultation and Settlement of Disputes * 12-13

16 Government Regulations * 13

17 Applicable Law *13

18 Confidentiality * 13-14

19 Validity, Suspension and Termination Quality of Service * 14-15

20 Commercial names, products and logos * 15

21 Quality of Service * 16

22 Exclusivity *16

23 Representations and Warranties * 16-17

24 Notices * 18

25 Miscellaneous * 18-19

REF: QTR-CNT-2008-643 Page 1 Of 63 QATAR AIRWAYS' CONFIDENTIAL

subject to restrictions and limitations on the cover page

ANNEXES


ANNEX 01 ANNEX 02 ANNEX 03 ANNEX 04 ANNEX 05 ANNEX 06 ANNEX 07

ROUTES AND SCHEDULES FINANCIAL SETTLEMENT, ADMINISTRATION AND ACCOUNTING RESERVATION PROCEDURES PASSENGER HANDLING PROCEDURES MANAGEMENT OF EMERGENCY PROCEDURES QR'S CONDITIONS OF CARRIAGE US'S CONDITIONS OF CARRIAGE

REF: QTR-CNT-2008-643 QATAR AIRWAYS' CONFIDENTIAL


Page 2 of 63


This Code Share agreement (the "Agreement") is made and entered into as of the 19th day of February, 2009 (the "Effective Date"):

BY AND BETWEEN

Qatar Airways Q.c.s.c. a Qatari closed shareholding company organised and existing under the applicable laws of the State of Qatar (commercial register N°16070) having its principal office at Qatar Airways Tower, Airport Road, PO BOX 22550, Doha Qatar, (hereinafter referred to as "QR" or "Qatar Airways").

AND

US Airways, Inc. a body corporate duly created under the laws of the State of Delaware and having its registered office at 111 W. Rio Salado Parkway, Tempe, AZ 85281 U.S.A.; and,

Piedmont Airlines, Inc., a body corporate duly created under the laws of the U.S.A., whose registered office is at 5443 Airport Terminal Road, Salisbury, Maryland, U.S.A., (hereinafter "Piedmont"); and,

PSA Airlines, Inc., a body corporate duly created under the laws of the U.S.A., whose registered office is at 3400 Terminal Drive, Vandalia, Ohio, U.S.A. (hereinafter "PSA"); hereinafter individually and collectively (hereinafter referred to as "US" or "US Airways"), on the other hand;

WHEREAS, US and QR (the "Parties") desire to enter into a cooperative arrangement in respect of scheduled air services operated over one or more city pair routes (the "Routes") as described in Article 5 of this Agreement; and

WHEREAS, this Agreement will enhance the ability of the Parties to offer increased air transportation services to the public and the communities that they serve or may choose to serve; and

WHEREAS, each Party desires to places its designator code on services operated by the other Party as permitted under applicable law, regulations and policy.

NOW THEREFORE, subject to the authorization of the Aeronautical Authorities of both home countries and/or third countries, US and QR agree to enter into this Agreement on the Routes.

Article 1 DEFINITIONS

1.1 "Affiliate Carriers" or "Affiliates" means the express, regional and/or affiliated carriers of US and QR. Both parties acknowledge that these carriers may change from time to time.

1.2 "Agreement" or "Code Share Agreement" shall mean this agreement including all annexes and appendices, as amended from time to time.

1.3 "Beyond Routes" shall mean all other routes to/from airports in each Party's home countries operated by one of the Parties and connecting to one or more services on a home market route.

1.4 "Conditions of Carriage" shall mean those conditions of contract contained in the tariffs and rules of carriage of a Party that govern the transport of its passengers.

1.5 "Code Share Flight" shall mean a flight specified in Annex 01 operated by the OC which also carries the code of the MC.

1.6 "Code Share" shall mean the operation by the OC of flights for which seats are, additionally, offered by the MC using its own designator code.




1.7 "Flight Complexing" shall mean the way of real time dynamic booking data exchange between two users of the same inventory system.

1.8 "Freeflow" shall mean the way of dynamic booking data exchange between two (2) users of different inventory systems.

1.9 "Home Market Routes" shall mean the routes between the home countries of the Parties over which one or both of the Parties are operating.

1.10 "IATA" shall mean the International Airline Transport Association.

1.11 "Insolvency Event" means in relation to a Party:

(a) an order being made for its liquidation or for it to be otherwise wound up or dissolved; or

(b) an application being made to a court for an order for that Party's liquidation or for it to be otherwise wound up or dissolved; or

(c) it ceases to carry on business or suspends all of its operations (other than a temporary suspension by reason of Force Majeure).

1.12 "Marketing Carrier" (hereinafter referred to as "MC") shall mean the airline selling seats under its own code on an OC's flight.

1.13 "Operating Carrier" (hereinafter referred to as "OC") shall mean the airline physically undertaking the flight with its own or leased aircraft and crews.

1.14 "Taxes" means all taxes, assessments, fees, levies, imposts, duties, stamp taxes, documentary taxes or other charges of a similar nature, including without limitation, income taxes, value added taxes, sales taxes, excise taxes, transactional taxes, exchange control taxes and/or fees and interest and penalties related to the foregoing including Ticket Taxes that may be imposed by any competent authority.

1.15 "Ticket Taxes" means all applicable ticket ad valorem excise taxes, segment taxes, duties, departure taxes, arrival taxes, value added taxes, inspection fees, passenger facilities charges, security taxes and fees, or any other similar taxes, fees, charges and surcharges applicable to the transportation, including related interest and penalties.

1.16 "Ticketing Carrier" shall mean the airline whose traffic document/plate or electronic means are used to issue a ticket.

Article 2 MAIN PRINCIPLES

2.1 This Agreement relates to scheduled air services operated by US Airways and/or Qatar Airways on routes specified in Annex 01.

2.2 The services on the Routes shall be operated with greatest possible regularity and efficiency.

2.3 The services shall be identified by each carrier's own flight designator and flight numbers in both directions. Such designators and numbers shall be used in all schedule publications, and computer reservations systems (CRS) displays. To facilitate the schedule filing process, both Parties shall supply to each other the necessary schedule details in sufficient time to meet applicable filing deadlines. In tickets, the carrier's designator and number on which the passenger is (has been) booked shall always be shown in the carrier box of the flight coupon.




2.4 The Parties shall strive to devise as seamless a product as possible with the goal of providing the best product to Codesharing passengers. The Parties shall periodically review their joint product to seek other product improvements that contribute to as seamless as possible passenger experience. The specification and provision of the onboard product offered on Code Share Flights shall be the responsibility of the OC. However, the MC may present and maintain its identity on board of a Code Share service in a manner to be mutually agreed upon between the Parties.

2.5 The Parties shall work together and use their best endeavors to secure and maintain all governmental operating authorities and all other permits, licenses, certificates and insurances required by governmental authorities to enable both Parties to operate or market the Code Share Flights covered by this Agreement.

2.6 All applicable government rules and regulations, including those relative to fares, shall be strictly observed by both Parties.

2.7 On Beyond Routes the MC may sell Code Share Flights under its own designator only in connection with one or more services on Home Market Routes.

2.8 All items of this Agreement which are subject to changes (such as, but not limited to routes, schedules, financial settlement, reservation and airport handling procedures) shall be specified in an Annex.

2.9 The OC shall be responsible for the disbursement of all direct and indirect operational costs relating to the operation of the services on the Routes.

2.10 This Agreement is applicable for transportation of passengers and baggage only. Cargo and/or Mail, if any, would have to be dealt with in separate agreements.

2.11 Tickets issued with either Party's flight numbers for the Code Share Flights shall be accepted by the other Party for carriage without the necessity for endorsement.

2.12 AFFILIATES

If requested by QR, US agrees to work in good faith to obtain from each US Affiliate a Code Share Agreement Letter, as defined in subsection 2.13, and, if requested by US, QR agrees to work in good faith to obtain from each QR Affiliate a Code Share Agreement Letter, as defined in subsection 2.13. As applicable to each Affiliate, once so obtained, delivered, and executed as provided herein, each Party and the other's Affiliates will be permitted to Code Share on the flights operated by that Affiliate and visa versa subject to the terms and conditions specified herein.

2.13 CODE SHARE AGREEMENT LETTER

A Code Share Agreement Letter will be an agreement under which the applicable Affiliate agrees to be subject to the terms and conditions of the Agreement as though it were US for US Affiliates or QR for QR Affiliates, subject to the following:

(a) it is acknowledged that Affiliates do not issue tickets. It is further acknowledged that with regard to Prorates and Fares, the counter party to each Party will be the other Party rather than the Affiliate;

(b) for the purposes Flight Number Publication, Schedule Changes, and Booking Fees, for flights operated by US Affiliates, US will be deemed the Operating Party and for flights operated by QR Affiliates, QR will be deemed the Operating Party;




(c) Affiliates shall not be responsible for joint advertising and sales programs (including any mutually agreed upon references to the codeshare relationship, or any other communications marketed to the public using both the US and QR codes; and

(d) the Insurance duties and obligations of the Operating Party contained within this Agreement will be fulfilled by the Affiliate via its compliance with the requirements for insurance under its Code Share Agreement Letter US or QR.

2.14 CODE SHARE AGREEMENT LETTER LANGUAGE

It is agreed that a Code Share Agreement Letter will be evidenced by submission by a Party to the other of a document that includes the following text:

[Name of Affiliate] ("Affiliate") agrees to be subject to the terms and conditions of the Code Share Agreement between US Airways, Inc. and Qatar Airways dated [date of agreement] ("Agreement") as though it were [US or QR] and as though the entire Agreement were restated as being between Affiliate and [US or QR], subject to the conditions specified in subsection 2.13 of that Agreement and the other terms and conditions thereof.

Such letter will be from an authorized officer of the applicable Affiliate and signed by an authorized representative of QR or US. The other Party agrees to promptly countersign such letters and return them promptly to such Affiliate with a copy to the other Party.

2.15 EFFORTS TO OBTAIN CODE SHARE AGREEMENT LETTER

It is acknowledged and agreed that this Agreement establishes a mechanism for establishing Code Sharing arrangements between QR and the US Affiliates and between US and the QR Affiliates. It is further agreed that the efforts to obtain the Code Share Agreement Letters will fulfill each Party's duties under subsection 2.12.

2.16 GOVERNMENT REQUIREMENTS FOR AFFILIATES

It is agreed that Code Share Flights operated by Affiliates may require approval of governmental authorities. The Parties agree to pursue such approval diligently and in good faith as specified in Section 2.5.

Article 3 FLIGHT NUMBER PUBLICATION

3.1 The Parties shall ensure that all such publications and displays clearly indicate which carrier is physically operating the flights.

3.2 Each Party shall ensure that passengers will be appropriately informed of which carrier is the OC at the time of reservation/ticketing of the Code Share Flights.

3.3 The Parties shall advise its passengers, staff and concerned third parties that the carriers Code Share the services on the Routes. This shall be done by means of, inter alia, all advertisements and sales materials produced for the purpose of promoting the services, verbal and/or written information conveyed to the passenger that shall include reference to which carrier performs the service. For this purpose the MC may place and/or display its own logo in agreed airport locations to reflect the Code Share operation.

Article 4 COMMERCIAL COOPERATION

In the interest of a prosperous cooperation, both Parties shall:

4.1 Advise their personnel of the advantages resulting from the application of the present Agreement.




4.2 Publish the Code Share Flights in its timetables and its own reservation systems as well as in other global distribution systems (GDS) in which they participate.

4.3 Both Parties may include mutually agreed references to the co-operation in all marketing and promotional activities undertaken in support of the Code Share Flights after the Effective Date of this Agreement.

Article 5 TECHNICAL AND OPERATIONAL REQUIREMENTS

5.1 The aircraft shall be supplied by the OC in an airworthy and operable condition, duly manned and equipped for the operation of the services. It shall remain under the OC's technical and operational control and shall be operated in accordance with the OC's operational requirements and procedures.

W ith thirty (30) days written notice and allowing for minimal disruption of operations the Marketing Carrier may perform an audit of the Safety and Operating Practices/Procedures of the Operating Carrier. At the discretion and full expense of the Marketing Carrier, results from an independent third-party audit may be used to fulfil this requirement.

5.2 The OC shall have the right to delay the departure of an aircraft, to decrease its authorized payload, to substitute aircraft, or to divert, interrupt or cancel a flight whenever commercial, operational, technical or safety reasons so require.

5.3 In case of flight irregularities as per Article 5.2 above the MC shall be notified accordingly and the OC shall be responsible for all passenger related expenses in accordance with the governing Conditions of Carriage/Contract of Carriage of the OC, and passengers traveling on tickets naming the MC as the carrier shall be entitled, without discrimination, to compensation and benefits from the OC equivalent to the OC's passengers in the same class or category of travel under such circumstances. Such compensation and benefits shall include all expenses incurred in connection with hotel accommodation, meals, ground transportation and transportation of all such passengers and their baggage to such passengers' final destination, to the extent covered by the OC's Conditions of Carriage/Contract of Carriage.

In case of flight irregularities, the Parties shall preference flights operated by the Parties but they shall also be allowed to use the airline- and/or transportation services other than OC and MC. Detailed information regarding flight irregularities is included in Annex 04 to this Agreement.

5.4 Each OC shall operate its services according to pertinent Civil Aviation Regulations issued by the authorities of all countries involved.

5.5 The OC intends to perform the flight operation covered by this Agreement using its own equipment and crew. Any subcontracting of such services to a third party, if ever becoming necessary, shall be communicated to the MC not later than three (3) days prior to the planned subcontracting operation and the OP will ensure that an indemnity clause similar to subsection 20.1 and similar insurance requirements with no less stringent conditions and complying in all respects with Article 12 are included in the subcontract. The responsibility and liability of the OC shall not be affected by such subcontracting.

Notwithstanding the foregoing, the MC shall have the right to suspend the Agreement for the respective Route during the period of the subcontracting.

5.6 Unless agreed otherwise in writing, the security regulations and emergency and accident procedures of the OC shall apply.

5.7 The OC shall apply its own security programs with regard to the carriage of passengers, hold and cabin baggage (accompanied and unaccompanied), cargo (general, express, courier, mail, personal effects), catering and other aircraft supplies carried on board Code Shared Flights. Such

REF: QTR-CNT-2008-643 Page 7 o f 63 QATAR AIRWAYS' CONFIDENTIAL



programs shall, at minimum, comply with the standards set forth by the relevant competent authorities and, subject to compliance with those standards, be reasonably acceptable to the MC with the understanding that safety and security are of utmost importance to both carriers.

Such programs shall include specific measures to ensure the security of the aircraft (including a secure flight deck) and the passengers, baggage (accompanied and unaccompanied), cargo (general, express, courier, mail, personal effects), catering and other aircraft supplies carried thereon and to deliver effective accounting and authorizing of hold baggage for carriage (passenger and baggage reconciliation) on all Codeshared Flights. The operating carrier shall have in place a performance management process to monitor the delivery of security measures at all airports served by the Code Shared Flights.

The MC and OC agree to cooperate in matters of security procedures, requirements and obligations at all airports served by the Codeshared Flights.

The OC shall have in place a procedure for the handling of bomb or other significant security threats made against the Codeshared Flights. Such a procedure provides a mechanism for the timely communication of such a threat between the OC and MC, bearing in mind that such a threat may actually be received at the offices of the MC in the first instance.

The OC shall establish contingency plans to satisfactorily deal with security incidents concerning the Codeshared Flights.

Article 6 ROUTES, SCHEDULES

6.1 Applicable Home Market Routes and/or Beyond Routes including respective schedules of services to be covered by this Agreement, as well as aircraft type shall be as specified in an Annex 01 to this Agreement, valid each time for one IATA timetable period and signed or initialed by both Parties.

6.2 Each Party shall have the unilateral right to modify its schedules, and to add or discontinue individual flights or routes, in its sole discretion, provided, however, that each Party shall give reasonable notice to the other Party of such changes affecting the Code Share Flights prior to implementing any such schedule alteration, route addition or discontinuation.

Article 7 RESERVATION AND PASSENGER HANDLING PROCEDURES

7.1 Reservation procedures, as mutually agreed between the Parties, shall be as specified in Annex 03 to this Agreement.

7.2 Passenger handling procedures, as mutually agreed between the Parties, shall be as specified in Annex 04 to this Agreement.

7.3 The MC's passengers on all Code Share Flights shall receive, at the OC's expense, the same onboard and on ground service and the same passenger and baggage handling facilities as the OC's passengers traveling in the same class of service.

Article 8 FREE AND REDUCED-FARE TICKETS (INDUSTRY DISCOUNT)

The rules and regulations for the issuance and acceptance of tickets for duty- and leisure travel of employees shall be as specified in Annex 04 to this agreement.

Article 9 COST AND REVENUES

9.1 The costs incurred in connection with each Code Share Flight operated pursuant to this Agreement shall be born by the OC, except as may be otherwise provided in Annex 02 and/or Annex 04 executed by the Parties simultaneously herewith.

REF: QTR-CNT-2008-643 P a g e 8 of 63 QATAR AIRWAYS' CONFIDENTIAL



9.2 Financial settlement of revenues of Code Share Flights operated over the Routes shall be agreed between the Parties and is laid down in Annex 02 to this Agreement.

Article 10 TICKETS, ADMINISTRATION, ACCOUNTING AND SETTLEMENTS

10.1 PRORATES

Each Party shall invoice the other Party through the IATA Clearing House in accordance with its procedures for amounts due pursuant to the Special Prorate Agreement made between the Parties in conjunction with this Agreement.

10.2 Each Party shall ensure that GDS fees for bookings made on the Code Share Flights under the MC's code shall be borne b y B H | . If such a fee is billed to • • • • H shall reimburseHH

10.3 Whenever possible, the Operating Party will be billed directly from the GDS.

10.4 THIRD PARTY TICKETING

All coupons issued by third parties shall be invoiced to such third parties directly by the OC. The MC will assist the OC with collection of appropriate revenues in the event the OC is unable to collect revenues from a third party.

10.5 The Parties agree that accounting and settlement procedures for all Code Share Flights, including the collection and retention of flight coupons, revenue derived from excess baggage and other additional charges if any, as well as other administrative matters shall be handled in accordance with the terms of Annex 02 (Financial Settlement, Administration and Accounting) to the Code Share Agreement, executed by the Parties contemporaneously herewith.

Article 11 LIABILITY

11.1 OC and MC each will issue tickets in accordance with all applicable laws, rules and regulations, of which they must be aware. Accordingly, carriage performed pursuant to the provisions of this Agreement will be subject to (among other things):

(a) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, October 12, 1929, or said Convention as amended at the Hague, September 28, 1955, by Additional Protocols of Montreal N°1, N°2, N°3 and N°4, 1975, or the Montreal Convention 1999, whichever may be applicable, and as such is amended from time to time; and

(b) to the extent not in conflict with the foregoing, the services are subject to the applicable tariffs (Conditions of Carriage/Contract of Carriage, applicable regulations and timetables of the OC or MC, as applicable) that are published or filed with the respective governments, and such tariffs as amended from time to time.

11.2 Except in case of gross negligence or willful misconduct of the MC, its directors, officers, agents, employees and/or subcontractors, the OC shall indemnify and bear all liability for the services on the Routes in relation to:

(a) claims or actions for death of or injuries to passengers and crews, and for loss of or damage to baggage and personal properties, as well as claims or actions for delay and cancellation in the carriage of passengers, and/or baggage;

(b) claims or actions for damages, including but not limited to physical damage, death and bodily injury, to any third Parties not carried on board the aircraft;

REF: QTR-CNT-2008-643 P a g e 9 o f 63 QATAR AIRWAYS' CONFIDENTIAL



(c) claims or actions for loss of or damage to the aircraft;

(d) compensation or any kind of fines imposed by court (legal) decisions or other authorities such as in case of non admissible passengers, Eurocontrol, or aircraft noise; but never if such fines are directly related with any action or omission which could be defined as non operational but merely and purely business and whose initiative, decision, control, supervision and interest or commercial benefit is required to be either done by, or allocated to the MC, such as the result of any unlawful advertisement inserted in the MC's inflight magazine which was sent to be on board of the OC's equipment or aircraft, as well as on board of a subcontracting operator's equipment or aircraft; and

(e) claims or actions based on the OC's failure to provide carriage in conformity with the governing Conditions of Carriage in relation to any ticket properly issued by the MC or other ticketing carrier.

In the event of a major incident or accident, the MC shall, at its own discretion, have the ability to assist for careteam functions its own injured ticketed passengers and their families, without prejudice to the principles of liability and claim handling as established in this Article 10.

11.3 The OC hereby agrees to indemnify the MC, its directors, officers, agents, employees and/or subcontractors (collectively, the "Indemnitees") against, and agrees to protect, save and keep harmless each thereof from any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, out-of-pocket costs, expenses and disbursements (including reasonable involved legal fees and expenses) of whatsoever kind and nature (collectively the "Claims"), imposed on, incurred by, or asserted against the Indemnitees resulting directly or indirectly from the operations of the services on the Routes (which includes namely (a) in case of passengers, the period while on board the aircraft and any of the operations of embarking or disembarking and, (b) in case of baggage, the period of "transportation by air" as defined in the Convention referred to in 10.1 (A) hereof) contemplated by this Agreement, including claims referenced in Article 10.2 above, but excluding any claims relating to or arising out of gross negligence or willful misconduct of any Indemnitee.

11.4 Nothing in this Agreement shall apply to any Claims arising out of or relating to events which do not occur during the operation of the services on the Routes under this Agreement, which operation includes, namely, (a) in case of passengers, the period while on board the aircraft and any of the operations of embarking or disembarking and, (b) in case of baggage, the period of "transportation by air" as defined in the Convention referred to in 10.1 (A) hereof. For example, if one of the Parties is providing ground handling services for the other in connection with the Routes, then claims arising out of the ground handling of passengers and baggage would be addressed in accordance with the applicable ground handling agreement.

11.5 Each Party shall give the other Party prompt notice of any claim made or suit instituted against the first Party which would result in indemnification by the other Party hereunder, and the OC shall take full control of the handling defense and settlement of such claims or suit. However, the MC has the right to be informed of the follow-up of each such claim or suit handled by the OC and shall have the right (but not the obligation) participate in the defense of such claim or suit.

Notwithstanding the above, the Operating Carrier shall apply its procedures for claims handling for all passengers on the Code Share Flights. The Operating Party shall bear all costs for the claims handling of all passengers on those flights consistent with its claims handling procedures.

11.6 The Operating Party shall be liable for all expenses associated with providing immigration and customs documents to the code share passengers and shall indemnify and hold harmless the Marketing Carrier for all costs related thereto, unless the Marketing Carrier provides such services through a Ground Handling Agreement with the Operating Partner, in which event the terms of the GHA shall apply.




11.7 With respect to any damage caused to either Party's own property (and not foreseen elsewhere in this Agreement), the general rules of liability shall apply.

11.8 Each Party shall assume the entire responsibility for the issuance of its own traffic documents and the reservation of space, and shall indemnify the other Party, its directors, officers, agents, employees and/or subcontractors against all demands, claims, costs, expenses and liability arising therefrom unless such claim is caused by gross negligence or willful misconduct of the other Party its directors, officers, agents, employees and/or subcontractors.

11.9 In the event that the OC subcontracts the operation of a flight to a third party pursuant to Article 5.5 each party's liability remains unaffected, and the OC shall ensure that a liability clause similar to this Article 11 is included in the subcontract.

11.10 Each party shall, at its own expense, maintain appropriate insurance for its own employees and shall indemnify and hold the other party harmless from and against any and all claims for death, injury or other damage caused to such its employees, unless such claims result from the gross negligence or willful misconduct of the other party its directors, officers, agents, employees and/or subcontractors. This clause shall not apply with respect to the MC's employees traveling with the OC on a ticketed basis.

11.11 Neither Party will be liable for any indirect, special, incidental or consequential damages, including lost revenues, lost profits, or lost prospective economic advantage, whether or not foreseeable and whether or not based on contract, tort, warranty claims or otherwise in connection with this agreement, and/or the products or services provided hereunder, and each Party hereby releases and waives any claims against the other Party regarding such damages.

11.12 The following documents, as amended from time to time, are made an integral part of this Agreement:

(a) QR's Conditions of Carriage (Annex 06); and (b) US's Conditions of Carriage (Annex 07).

Article 12 Insurance

12.1 Commencing on the Effective Date and continuing thereafter during the term of this Agreement, the OC shall maintain aircraft hull all risks and hull war and allied perils insurance for the aircraft provided by it, and will carry, or cause to be carried at its own expenses, aircraft third party, passenger, baggage legal liability insurance (but including war and allied perils coverage) for the flight operations contemplated under this Agreement, in an amount not less than United States flf^HH^HV^HI^Hi^Hl^m f o r a c o m D i n e c l single limit (bodily injury/property aamage^o^acnoccu r rence^^^^^^^^

Said hull and liability insurance shall:

(a) be maintained in effect with international insurers of recognized responsibility;

(b) provide that regarding the respective interests of the Indemnitees in such policies the insurance shall not be invalidated by any action or omission of the OC; and

(c) provide that, if the insurers cancel such insurance for any reason whatsoever, or if any material change is made in such insurance which adversely affects the interests of any Indemnitee, such cancellation or change shall not become effective as to such Indemnitee for thirty (30) days after written notice is issued by such insurers, (or lesser period for war related coverages). The thirty (30) day notice period is reduced to ten (10) days in the event of cancellation due to non-payment of premium;

REF: QTR-CNT-2008-643 Page 11 of 63 QATAR AIRWAYS' CONFIDENTIAL



(d) waive any and all subrogation rights of the insurers against the MC under the hull all risks and hull war and perils insurance.

Said liability insurance shall:

(e) be amended to name the Indemnitees (but without imposing any liability on the Indemnitees to pay the premiums for such insurance) as additional insureds for respective rights and interests;

(f) be primary and without right of contribution from any other insurance which is carried by the MC;

(g) provide that the provisions thereof, except for the limits of liability, shall operate in the same manner as if there were a separate policy covering the indemnities.

12.2 The OC shall, before the beginning of the flight operations under this Agreement file a certificate with the MC evidencing all the insurance provisions required in Article 11.1 above. Any renewal certificates shall be filed by the OC with the MC as soon after renewal of the insurances required herein as is reasonable.

Article 13 FORCE MAJEURE

13.1 Neither Party shall be liable in respect of any failure to fulfil its obligations under this Agreement if such failure is due to reasons beyond its reasonable control, including but not limited to governmental interference, withdrawal of route licenses or designation under an Air Services Agreement, direction or restriction, war or civil commotion, threatened or actual terrorism, strikes, lock-out, labor disputes, public enemy, blockade, insurrections, riots, acts of nature, accidents to the aircraft in the course of operating, epidemics or quarantine restrictions.

13.2 In any such case this Agreement shall be considered inoperative and neither Party shall be held to pay any damage or costs of whatever kind except for any accrued rights and liabilities. In any such case, the Parties shall discuss and agree on the action to be taken. However, in the event that the condition that has given rise to the failure of performance cannot be removed by the non-performing Party, then the other Party, after consultations, shall have the right to terminate this Agreement without further obligation or liability to the non-performing Party, subject to a notice in writing to that effect given sixty (60) days prior to termination.

13.3 Notwithstanding the terms provided for in 13.1 and 13.2 hereof, the OC's liability under this Agreement shall not be affected, in regard to any failure by the OC to fulfil its obligations due to any of the reasons foreseen in 13.1 above, if the MC remains liable, under its own conditions of carriage, towards its passengers and their baggage carried (or to be carried) by the OC on the services of the Routes.

Article 14 COMMUNICATION BETWEEN THE PARTIES

14.1 All matters relating to the present Agreement, its Annexes and Amendments, and all correspondence relating to their implementation, including but not limited to the exchange of statements and notices, etc. shall exclusively be dealt with between the head offices of the Parties, in accordance with Article 20.7 below.

14.2 The Parties agree that in case of a major accident or incident an immediate contact shall be established between the Parties whereby the OC, without any undue delay, furnishes every possible information to the MC upon the latter's request. Such information should be restricted to appropriate departments:

At US: Operations Control, Phone: Fax:




At QR: Flight Dispatch, SUA: Phone: Fax:

14.3 The Management of Emergency procedures, as mutually agreed between the Parties, shall be as specified in Annex 05 to this Agreement.

Article 15 CONSULTATION AND SETTLEMENT OF DISPUTES

15.1 Any questions concerning the validity, interpretation or application of this Agreement, its Annexes and Amendments (if any), shall, at the request of either Party, be subject to consultation between the Parties and both Parties shall endeavor to settle mutually any dispute or claim which may arise.

15.2 Any dispute between the Parties concerning the validity, interpretation or application of this Agreement and its Annexes shall be settled in accordance with the rules of equity under the terms and procedures of the IATA Arbitration Rules then effective.

15.3 The Parties agree to conduct regular meetings to review and resolve any issues arising in relation to this Agreement.

Article 16 GOVERNMENT REGULATIONS

16.1 The terms and conditions of this Agreement, its Annexes and Amendments (if any) shall always be in accordance with all applicable laws, including government rules, regulations and orders, of the home countries of the Parties and of other relevant countries, as well as international conventions. For the avoidance of doubt, nothing in this Agreement shall require either Party to contravene any law or regulation.

16.2 This Agreement may be subject to review and approval by applicable government agencies and/or organizations. Both Parties agree to exert their best efforts to satisfy the requirements of any such reviews or approvals. If, as a result of such reviews, this Agreement is disapproved, or approved and later withdrawn, in any respect by any such governmental agency or organization, then the Parties shall endeavor to amend the Agreement accordingly. Should they fail to do so, then either Party may terminate this Agreement by written notice to the other Party, without incurring any liability towards the other Party.

16.3 Each Party shall be individually responsible for the prompt requesting of all permissions (i.e. AOC, operating permit, route license flight plan submission to CAA's, overflight permissions etc.) necessary for the operation of the services covered under this Agreement from all government agencies concerned.

16.4 In case of any operation restrictions (i.e. restriction or prohibition for overflight of certain areas and/or countries) being imposed by government agencies and/or organizations on one of the Parties which might affect the services covered under this Agreement, such Party shall give immediate notice to the other Party. The OC shall then take all necessary action to prevent any violation of respective restrictions.

Article 17 APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to principles of choice or conflicts of law, and, subject to ARTICLE 15/CONSULTATION AND SETTLEMENT OF DISPUTES. The exclusive venue for any lawsuit filed in state court relating to this Agreement shall be in the State of New York. The exclusive venue for any lawsuit filed in federal court relating to this Agreement shall be in the federal District Court for the Southern District of the State of New York. With respect to any lawsuit arising out of




this Agreement, the Carriers agree that exclusive jurisdiction shall be with the applicable court as set forth in this paragraph with respect to venue.

Article 18 CONFIDENTIALITY

"Confidential Information" means, in respect of any person, trade secrets, technical processes, price list, lists of customers and suppliers, know-how and other information which is, for the time being, confidential to that person.

Neither Party to this Agreement will disclose (and shall take reasonable precautions to ensure that none of its directors, officers, agents, servants and employees discloses) any term of this Agreement or of any other documents or any confidential Information belonging to any other Party except where:

(a) disclosure is necessary for the performance of that Party's obligation under this Agreement, including the making of the requisite filings with a Party's respective governmental authorities, in which case such Party will inform the other Party of such disclosure and shall use reasonable endeavors to procure that such disclosure is limited to the extent of such necessity; or

(b) the information has entered into the public domain but not because of a breach or default by the disclosing Party; or

(c) disclosure is made for a proper purpose to the senior management of a Party's holding company; or

(e) disclosure is to that Party's legal advisers and that Party has informed the recipient of, and the recipient has agreed to be bound by the restrictions on disclosure contained in this clause; or

(f) disclosure is required by law.

Article 19 VALIDITY, SUSPENSION AND TERMINATION

19.1 Subject to receipt of all necessary government approvals, this Agreement shall come into effect on the Effective Date and shall continue to remain in force H H H H I H H l H H I H i H H H ' according to the provisions of the Agreement.

19.2 Notwithstanding the foregoing, this Agreement shall be suspended (and will not be in effect) during any period that the Parties cannot agree on the Routes, schedules and equipment covered by Annex 01 to this Agreement.

19.3 This Agreement may be terminated by either Party by giving prior written notice of a t J | | H H ^ • f l H H H H B H I H - Such notice shall be deemed to have been properly served if sent by registered mail or express courier to the other Party's head office as per Article 20.7 below. In the event of the present Agreement being terminated by notice or otherwise, such termination shall be without prejudice to the accrued rights and liabilities of either Party prior to its termination.

19.4 Notwithstanding the provisions of Article 19.3, either Party may terminate this Agreement at any time, if the other Party commits an Insolvency Event, as defined in Article 1.11; except that where the Party continues to operate as an air carrier, an Insolvency Event shall not be deemed to have occurred, and this Agreement shall remain in force. The Parties acknowledge and agree that the filing by a Party for protection under Chapter 11 of the United States Bankruptcy Code ("Chapter 11") shall not be considered an Insolvency Event. Furthermore, such a Chapter 11 filing shall not be considered a breach of this Agreement, provided that the Party making such filings continues to make all payments to the other Party required under this Agreement in a timely manner. If such payments are suspended or are delayed for more than • • ^ • ^ • l , and such delay is not required by law, then the other Party shall be able to declare the Bankrupt Party to be in breach and to terminate this agreement with immediate effect.




19.5 Notwithstanding anything to the contrary, any Party may terminate this Agreement with immediate effect if there is a change of control in respect of the other Party. For the purposes hereof, a "change of control" means the occurrence of any of the following events:

(a) the direct or indirect beneficial ownership of twenty five percent (25%) or more of the voting stock of a Party is acquired or becomes held by an airline that is not a Party to this Agreement, or is not an existing direct or indirect shareholder at the Effective Date of this Agreement; or

(b) the direct or indirect beneficial ownership of forty nine percent (49%) or more of the voting stock of a Party is acquired or becomes held by any person or persons acting as a group without having held such an interest at the Effective Date of this Agreement; or

(c) the sale, mortgage, lease or other transfer in one or more transactions other than to a Party's Affiliate, not in the ordinary course of business, of assets constituting more than fifty percent (50%) of the assets of a Party other than for the purposes of bona fide and solvent consolidation, amalgamation or restructuring.

19.6 In the event either Party should default in the performance of any of the terms, covenants, or conditions of this Agreement (except as to events described in subsection 19.4, in which case termination may be immediate), the other Party may give written notice of such default, and, in the event such default is not cured within H H H m after the giving of such notice, the other Party may, at anytime after expiration of the said H I H H H H i period and without incurring any liability towards the Party at default, terminate this Agreement by further written notice to the Party at default, without prejudice to any other rights which the other Party may have under this Agreement. However, it is understood that billing defaults, also known as billing disputes will be dealt with in accordance with standard revenue accounting procedures and within prescribed time limits as laid down in the IATA Revenue Accounting Manual and shall not be defaults meriting the issue of such default notice.

19.7 The waiving by either party of any term, covenant or condition of this Agreement shall not constitute a waiver of any subsequent breach or preclude such Party from thereafter demanding performance thereof according to the terms of the Agreement.

19.8 This Agreement may be terminated at any time by mutual written consent of both Parties.

19.9 In the event of termination under this Article, the terminating Party shall not be liable for any expenses, costs or damages of any kind incurred by the other Party as a consequence of such termination or any compensation by reason thereof as long as the notice of termination is legally given in accordance herewith.

19.10 Termination of this Agreement by either Party shall not absolve either Party from the obligations accrued prior to that termination. Obligations that are of a continuing nature shall survive the termination of this Agreement.

Article 20 COMMERCIAL NAMES, PRODUCTS, AND LOGOS

The Parties reciprocally recognize the property and title of each other in their commercial names, products and logos. Except as otherwise permitted under this Agreement, this Agreement is not, and shall not be construed to be, a license for either Party to use the trade names, trademarks, service marks, or logos of the other Party without such Party's prior written consent, and then only in the form, style and colors specifically permitted. However, it is acknowledged that the MC will refer to the fact that those services are operated by the other Party, whenever mentioning, displaying or advertising the Code Share Flights.




Article 21 QUALITY OF SERVICE

21.1 US and QR intend to offer their customers their highest quality of airline services in connection with this Agreement. Accordingly, the OC agrees that it will use best efforts to provide the highest quality of customer service in connection with its services provided pursuant to the Agreement. The Parties acknowledge and agree that the quality of service provided is an essential element of this Agreement. Accordingly, the Parties will conduct regular and periodic meetings to resolve any quality of service issues under this Article.

The MC shall be entitled by written notice to the OC to at any reasonable time conduct audits or inspections regarding the quality of service and product provided by the OC to passengers. The MC shall be entitled at its own cost and expense to inspect or audit all aspects of the OC's operations as far as it relates to such quality of service and product. The OC hereby agrees to cooperate with the MC during such inspections or audits.

If one of the Parties is not satisfied with the quality of service or product provided by the other Party in connection with this Agreement, both parties shall seek to resolve respective issues according to the provisions set forth in Article 14 of this Agreement.

21.2 The Parties agree that the MC may, if deemed appropriate, accomplish its own separate customer surveys on the OC's flights for its own passengers. The MC remains responsible for all activities and cost in connection with such a survey.

21.3 The MC has the right to audit at its own cost the Operating Carrier's operations before the Code Share starts and at reasonable intervals thereafter. The audits cover the areas of Flight Operations, Ground Operations, Maintenance, Crew Training, Security and overall Quality Assurance as far as they reasonably relate to safe operation with airworthy aircraft. The Marketing Carrier shall co-ordinate its audits with the Operating Carrier in order to avoid disruptions of the Operating Carrier's operation. The results of such audits are confidential and will only be communicated to the Operating Carrier. The Operating Carrier may only do any disclosure to third parties with a written agreement. Notwithstanding the foregoing, the Operating Carriers remains solely responsible for all aspects of its operations, including safety, security and service of the Codeshared Flights. The Operating Carrier is not entitled to assert any responsibility on the part of the Marketing carrier in connection with Safety audits performed by the Marketing carrier.

21.4 Notwithstanding the above, a Party that is validly registered as an operator under the IATA operational safety audit programme ("IOSA") shall not be required to be audited by the other Party. A Party shall on request of the other Party provide a copy of the IATA certificate evidencing the current registration of such Party as an IOSA operator. The Parties hereby agree that on the written request of the one Party the other Party shall sign such documents as may be required by IATA in order for the requesting Party to gain access to the IOSA audit report pertaining to the other Party.

Article 22 EXCLUSIVITY

This is a non-exclusive Agreement and does not prevent either Party from entering into or maintaining existing marketing arrangements or Code share arrangements with any other third party.

Article 23 REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants to the other Party as follows:

(a) it is duly incorporated and a validly existing corporation in good standing and has the requisite powers and authorities to own, operate and lease the aircraft and assets it now owns, operates and leases and to conduct its business as it is now being conducted;




(b) it has the corporate powers and authorities to enter into, execute and deliver this Agreement and to consummate the transactions contemplated hereby in accordance with the terms hereof. The execution and delivery of this Agreement and the consummation of the transactions contemplated hereby has been duly authorised by all necessary corporate action on its own behalf. This Agreement has been duly and validly executed and delivered and is, assuming due execution and delivery by the other Party thereof and that the other Party has full legal power and right to enter into such agreements or instruments, a valid and binding obligations of it, enforceable against the other Party in accordance with its terms, except that such enforceability shall be limited by applicable bankruptcy, insolvency, reorganisation, moratorium, or other similar laws affecting the rights of creditors generally or the application of general principles of equity, regardless of whether in a proceeding at law or in equity;

(c) Neither the execution and delivery of this Agreement by it, nor the consummation by it of the transaction contemplated hereby:

1. conflicts with or results in a breach of, or constitutes a default (or gives rise to any right to termination, cancellation or acceleration) under any of the terms, conditions or provisions of: (i) the Certificate of Incorporation or By-Laws of it; (ii) any indenture, mortgage, lease, deed of trust, pledge, loan or credit agreement, employee benefit plan, collective bargaining agreement, or any other similar contract to which it is party; or (iii) any judgement, order, writ, injunction or decree of any domestic or foreign court or governmental agency, other than, in the case of (i) and (ii) above, those conflicts, breaches or default which, in the aggregate, would not reasonably be expected to have a material adverse effect on the operations contemplated by this Agreement ("Adverse Effect"), or

2. violates or conflicts with any federal, state, local, or foreign law, rule, or regulation to which it is subject, other than those violations or conflicts which, in the aggregate, would not reasonably be expected to have an Adverse Effect.

(d) To its best knowledge, no notice to, filing or registration with, or permit, authorization, consent or approval of any governmental agency or third party is necessary or required to be made or obtained by it in connection with the execution and delivery of this Agreement other than specified herein.

(e) Both US and QR represent and warrant that each has successfully undergone a safety audit satisfactory to the other Party prior to execution of the Agreement and further warrant that each shall maintain compliance with the requirements of such audit. Any failure to maintain compliance shall immediately be brought to the other Party's attention along with corrective actions taken or corrective action plan. Any non-compliance by one party shall be grounds for immediate suspension or termination of the Agreement by the other Party.

Each representation and warranty made by each Party to this Agreement shall survive the execution of this Agreement for a period of two (2) years during which time indemnification may be sought for a breach of such representation or warranty. Each covenant and agreement made by each Party shall survive the execution of this Agreement.

Article 24 NOTICES

Except as otherwise specified elsewhere in this Agreement or its Annexes and Amendments, all notices, demands, requests and/or other communications pertaining to this Agreement shall be in writing and shall be deemed given when delivered personally, sent by e-mail (delivery confirmed), telecopied (transmission confirmed) or sent by registered mail or express courier (delivery confirmed), when received by the Party at the following addresses:

In the case of US to : US Airways, Inc.




Attention Telephone Facsimile

111 W.Rio Salado Parkway, Tempe, AZ 85281 U.S.A. Director - Alliances and Partnerships

With a facsimile copy to Attention Facsimile

US Airways, Inc. Deputy General Counsel

In the case of QR to

Attention Facsimile SITA

Qatar Airways Q.c.s.c. Qatar Airways Tower Airport Road PO Box 22550 Doha, Qatar

ChiefExecutive Officer

DOHDPQR

With a copy to :

Facsimile

Article 25 MISCELLANEOUS

25.1 HEADINGS

Attention: Senior Manager Contracts & Technical Procurement

The descriptive headings of the Articles of this Agreement are inserted for convenience only, confer no rights or obligations to either Party, and do not constitute a part of the Agreement.

25.2 ENTIRE AGREEMENT

This Agreement (including its Annexes and Amendments) constitutes the entire understanding between the Parties with respect to the subject matter hereof, and any other prior or contemporaneous agreements, whether written or oral, with respect thereto are expressly superseded by this Agreement.

25.3 SEVERABILITY

If any part of any provision of this Agreement shall be considered or become invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provisions or the remaining provisions. In such case, the Parties shall consult in order to amend the Agreement, its Annexes and Amendments (if any) to the required extent, or to jointly find any other solution suitable to the continuation of the Agreement; except that, if such invalid or unenforceable part materially and adversely affects one Party's reasonable expectations in regard to the whole of the Agreement, and an understanding between the Parties as to the amendment is not reached within thirty (30) days, such Party may terminate the Agreement by written notice to the other Party.

25.4 SUCCESSORS AND ASSIGNEES

This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns (which shall include any successor by merger, amalgamation, consolidation, or purchase of substantially all the assets of either Party); provided, however, that neither this Agreement nor any of the rights, interests or obligations hereunder may be assigned by any Party hereto (except to such a successor) without the prior written consent of



Page 18 of 63


the other Party. Any assignment or transfer, by operation of law or otherwise, without such written consent shall be null and void and of no force or effect.

25.5 NATURE OF RELATIONSHIP

The relationship of the Parties hereunder shall be that of independent contractors and neither of them shall have any power to bind the other or assume any obligation, express or implied, on behalf of the other, except as expressly provided in this Agreement or as otherwise permitted in writing. Nothing in this Agreement shall be construed to create between the parties any partnership, joint venture, employment relationship, franchise or agency. The Parties expressly acknowledge that they do not enjoy antitrust immunity with each other and must follow all applicable competition laws.

25.6 BENEFICIARIES

Nothing in this Agreement is intended, or shall be construed, to confer upon or give any person other than the Parties hereto and their respective successors and permitted assigns, any rights, privileges, benefits or remedies under or by reason of this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement or to any of its provisions.

25.7 CONSTRUCTION OF AGREEMENT

This Agreement shall not be construed against the Party preparing it, but shall be construed as if both Parties jointly prepared it and any uncertainty or ambiguity shall not be interpreted against either Party.

25.8 WAIVER

At any time, to the extent permitted by law, any term or provision of this Agreement may be waived in writing by the Party which is entitled to the benefits thereof. However, the waiver of any term or condition of this Agreement shall not constitute a waiver of any subsequent default or preclude such Party from thereafter demanding performance thereof according to the terms hereof.

25.9 COUNTERPARTS

This Agreement may be executed by facsimile or otherwise in counterparts, each of which shall be deemed to be an original and all of which, taken together, shall constitute one and the same document.

25.10 AMENDMENTS

Any Changes and/or Modifications to this Agreement shall be specified in an Amendment to this Agreement, signed by both Parties.




IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officer or representatives who represent to each other that each is employed in the capacity indicated below and has the unequivocal authority to execute and deliver this Agreement, which shall be effective as of the Effective Date first above written.

Signed for and on behalf of Signed for and on behalf of Qatar Airways Q.C.S.C. US Airways, Inc.

Signature Signature

Name AkbarAI Baker Name

Title Chief Executive Officer Title

Signed for and on behalf of Signed for and on behalf of PSA AIRLINES, INC. PIEDMONT AIRLINES, INC.

Signature Name Title

Signature Name Title




ANNEX N°1

ROUTES AND SCHEDULES




ANNEX N°1


to the Code Sharing Agreement effective as of 19th February 2009, between US Airways (US) and Qatar Airways (QR):

1. CODESHARE ROUTES

1.1 Subject to all necessary regulatory approvals, US Airways and QR shall display their respective codes on Code Share Flights in respect of the following routes:

US* (QR operated) QR* (US operated)

London Gatwick (LGW) - Doha (DOH) Philadelphia (PHL)-Paris (CDG)

London Heathrow (LHR) - Doha (DOH) Charlotte (CLT)- Paris (CDG)

Madrid (MAD) - Doha (DOH) Philadelphia (PHL)-Milan (MXP)

Manchester (MAN) - Doha (DOH) Philadelphia (PHL)-Munich (MUC)

Milan (MXP) - Doha (DOH) Philadelphia (PHL)-Manchester (MAN)

Stockholm (ARN) - Doha (DOH) Philadelphia (PHL)-Madrid(MAD)

Zurich (ZRH) - Doha (DOH) Philadelphia (PHL)-London Heathrow (LHR) Frankfurt (FRA) - Doha (DOH)

Paris (CDG) - Doha (DOH)

Munich (MUC) - Doha (DOH)

Rome (FCO)-Doha (DOH)

Athens (ATH) - Doha (DOH)

Philadelphia (PHL)-London Gatwick (LGW)

Charlotte (CLT)- London Gatwick (LGW)

Philadelphia (PHL)-Frankfurt (FRA)

Charlotte (CLT)- Frankfurt (FRA)

Philadelphia (PHL)-Rome (FCO)

Philadelphia (PHL)-Stockholm (ARN)

Philadelphia (PHL)-Zurich (ZRH)

Philadelphia (PHL)-Athens (ATH)

Houston (IAH)- Doha (DOH) New York (JFK) - Doha (DOH) Washington DC (IAD) - Doha(DOH) Dubai (DXB)-Doha(DOH) Kuwait (KWI)-Doha (DOH)

The Parties may, by mutual consent and without the requirement to formally amend the Code Sharing Agreement, add, discontinue, or substitute one or more city pairs on which they are or will operate Code Share Flights in accordance with the terms of this Agreement.

2. CODE SHARE SCHEDULE OPERATIONS

2.1 The Parties shall:

(a) establish a dedicated flight number range for use by US Airways and Qatar Airways for use on the Code Share Flights;

(b) establish an automated transfer of flight schedule information between both Parties to allow efficient loading by both Code Share Flights prior to filing with OAG; and

(c) establish a communication procedure to advise the other Party of passenger recommendation plans in the event of schedule changes involving a Code Share Flight.




ANNEX N°1


3. SCHEDULES AND EQUIPMENT CHANGES

3.1 The Operating Carrier shall inform the Marketing Carrier by SSIM exchange, telex or e-mail of any planned schedule changes or major aircraft substitutions it may be required to make from time to time, as soon as reasonably possible to the following services:

QR to US: Scheduling Department Manager, Current Schedules:

US to QR: Scheduling Department SITA: DOHSPQR Manager, Scheduling IHHHHHIH

4. AFFILIATED CARRIERS

4.1 The following affiliated carriers of US Airways and Qatar Airways shall be included in this Agreement for the purposes of the Code Share Flights, subject to proper commercial agreements and government approvals:

US AIRWAYS AFFILIATES QATAR AIRWAYS AFFILIATES

Air Wisconsin (ZW/303) Not Applicable Chautauqua Airlines lnc.(RP/363) Colgan Air (9L/426) Mesa Airlines Inc. (YV/533) Republic Airlines Inc. (RW/052) Trans States Airlines (AX/414)

5. ANNEX ADMINISTRATION

5.1 The departments responsible for the administration of this Annex are:

US: Commercial Alliances SITA:HDQALUS

Ms. Elizabeth Cherney

QR: Industry Affairs SITA: DOHSQQR Mr. Stephane Baudemont




ANNEX N°2

FINANCIAL SETTLEMENT, ADMINISTRATION AND ACCOUNTING




ANNEX N°2

FINANCIAL SETTLEMENT, ADMINISTRATION AND ACCOUNTING

to the Code Sharing Agreement effective as of 19 February 2009 between US Airways (US) and Qatar Airways (QR):

1. REVENUE

1.1 The Operating Carrier shall retain all flight coupons for processing and all flown revenue derived from those flight coupons shall accrue to the Operating Carrier, subject to the terms and conditions of the Special Prorate Agreement or the IATA Multilateral Interline Agreement between the Parties, as applicable.

1.2 In the event that the Operating Carrier uplifts flight coupons issued by a third party ticketing carrier that are closed to the flights of a third party (marketing), the Operating Carrier may bill the ticketing carrier in accordance with the Special Prorate Agreement or the IATA Multilateral Interline Agreement between the Parties, as applicable, without recourse to an endorsement from the third party.

1.3 Interline billing shall be performed according to the IATA Multilateral Interline Traffic Agreement and the Special Prorate Agreement between the Parties, both as amended from time to time.

2. CONTACTS

All listings, statements, settlements, discrepancies, correspondence, etc. shall be handled and dealt with by:

Contact Person:

Phone: Email: Address

QR Sasidharan Panicker Manager Revenue Accounting

m^i^n^H ^^^^^^^^^•^^^^•B Qatar Airways PO Box 22550 Doha, Qatar

US Ms. Lori Tully Director - Interline & Revenue Recognition

^muHmmi ^^^•^•^•I^^H Ms. Lori Tully US Airways RWE INT 4000 E. Sky Harbor Blvd Phoenix Arizonia USA 85034



Page 25 of 63


ANNEX N°3

RESERVATION PROCEDURES




ANNEX N°3


to the Code Sharing Agreement effective as of 19th February,2009, between US Airways (US) and Qatar Airways (QR):

1 . PUBLICATION OF FLIGHT AND SCHEDULE CHANGES AND IRREGULARITIES

Both Carriers shall append SSIM comments for codeshare operations on flights at time of schedule filing to OAG. The codeshare flight schedules and routes are as per Annex N°1.

QR and US shall exchange weekly SSIM files-IATA format, in Local Time mode, on every Tuesday. Flight irregularities concerning code share flights will be communicated to the other Carrier at the earliest possible time.

2. RESERVATION PHILOSOPHY

PNR exchange through agreed class mapping. SSR (Special Service Request) procedures: Both parties will send only IATA standard SSR codes to each other in the agreed manner. Name change policy: Basically name change is not allowed. Any name change will be treated as cancel and rebook. Firming: Marketing Carrier would assist flight firming upon request. However, Marketing Carrier segment is not subject to cancellation by Operating Carrier.

3. SEAMLESS INVENTORY MANAGEMENT

3.1 The control of the total seat capacity is the responsibility of the Operating Carrier. Bookings for QR or US shall be accepted on a "first come, first serve" basis out of the jointly linked inventories (Free Flow :IATA Option 2).

3.2 The Operating Carrier is responsible for controlling the Marketing flight inventory by sending AVS to close or open a Marketing flight inventory. AVS exchanged between an Operating and a Marketing Carrier is in Marketing flight number/class of service format.

Based on the availability of seats (status changes by segment and by RBD), the Operating Carrier will electronically post Availability Status (AVS) messages to the Marketing Carrier's AVS address as follows:

QR to US : AVS address: HDQRIVS US to QR : AVS address: MUCRIQR

3.3 The Marketing Carrier, upon receiving seat bookings from Global Distributions Systems (GDS) and from its own or other Carriers' CRS, will transmit such bookings to the Operating Carrier using the reservations interline messages AIRIMP Option 2 format agreed between US and QR.

3.4 QUOTA SALES AND EXCEED QUOTA SALES

Both Carriers agree that any one booking transaction notifying the sale of confirmed seats shall not exceed:

Where QR is the Marketing Carrier: H I H First Class seats Business Class seats and Economy Class seats

Where US is the Marketing Carrier: • • • First Class seats I Business Class seats and




ANNEX N°3


• • H I Economy Class seats

US plans to have quota sales functionality prior to the activation date of the codeshare at which time the following will apply:

Where US is the Marketing Carrier: H H H F ' r s t Class seats | Business Class seats and Economy Class seats

Any sale exceeding the quota sales level must be converted by the Marketing Carrier to be waitlist status and sent as waitlist request to the Operating Carrier via TTY PNR Exchanged Messages. The Marketing Carrier is not allowed to sell with confirmed status over these quota sales level.

3.5 SEGMENT SALE ON MARKETING FLIGHT

Seat(s) sold under the confirm action code (CS) in PNR exchange message to the Operating Carrier must be guaranteed regardless of the inventory status, as long as the sale was made under the status "open". If the Marketing Carrier sends booking messages with confirmed status exceeding the agreed quota sales, the Operating Carrier will not guarantee that seats subject to the availability of Operating Carrier's inventory status.

To book seats under the "seamless inventory" management method, it is necessary that Reservation Booking Designators (RBDs) and flight numbers are linked, as agreed. QR and US shall not take any actions that might severe this link without advising the Carrier airline well in advance.

The Operating Carrier must not send the reject sales message back to the Marketing Carrier except when the Marketing Carrier books a flight, which is beyond the Operating Carrier system range.

QR system range is 361 days but reservation range is 361 days in advance. US system range is 335 days but reservation range is 335 days in advance.

4. CODESHARE CLASS MAPPING

The agreed Class Mapping is specified in the effective SPA between QR and US.

5. APPLICABLE RATE ON THE CODESHARE FLIGHTS

The agreed unit price per seat is specified in the effective SPA between QR and US.

6. SPECIAL FACILITIES

QR and US customers may enjoy special service products (SSR) on code share flights. Both parties will send only IATA standard SSR codes, offered by the Operating Carrier on the Code Share flight, with requests sent as "NN" code only to the Operating Carrier through PNR exchange message. Both parties shall jointly agree on the procedures to handle SSRs.

7. Schedule Filing and Irregularity (Aircraft Changes/Flight Delay)

The Marketing Carrier is to be advised by the Operating Carrier on possible changes to flights operated as Codeshare Flights.




ANNEX N°3


The Operating Carrier will provide Marketing Carrier with schedule information at earliest possible in order to coordinate timing of recommendation, flight mapping changes, OAG loading etc.




ANNEX N°3


7.1 REGULAR SCHEDULE CHANGES

Schedule information to be exchanged weekly according to lATA-standard SSIM format.

The Operating Carrier will inform the Marketing Carrier of schedule change and flight cancellation as early as possible in order to maintain synchronization of the flight information in both systems. The Operating Carrier will transmit schedule changes by the earliest SSIM file.

7.2 SCHEDULE CHANGE THAT REQUIRE IMMEDIATE ACTION

If the change requires immediate action, the Operating Carrier will inform the Marketing Carrier of any such change via e-mail and/or SITA Telex for follow-up.

8. FLIGHT IRREGULARITIES AND CANCELLATIONS

8.1 In the event of flight delays or cancellations, the Operating Carrier shall provide prompt advice to the following addresses:

QRtoUS: HDQOMRUS UStoQR: DOHSPQR, DOHRCQR

8.2 In the event of a major accident or incident, the Operating Carrier shall provide prompt advice to the following addresses:

QRtoUS: HDQOMRUS US to QR: DOHOCQR, DOHSPQR, DOHRCQR

8.3 In the event of flight delays, the Operating Carrier or its nominated agent shall provide accommodation, meals and ground transportation to all passengers of the Codeshare to a reasonable extent, whenever necessary. Any costs and expenses incurred for such arrangements shall be borne by the Operating Carrier.

8.4 (a) In the event of a schedule change announced 24 hours or more before scheduled departure time, the Operating Carrier is responsible for reassigning code share inventory, changing status code of the segment in the PNR, and the Marketing Carrier is responsible for advice to its own passengers. In the event of flight cancellation with prior notice at 24 hours or more before scheduled time of departure, each Carrier or its nominated agent shall assume the responsibility for notifying its own passengers and making necessary arrangements for alternative transportation.

(b) In the event of a schedule change or flight cancellation with prior notice at less than 24 hours before scheduled time of departure, the Operating Carrier or its nominated agent shall, with the assistance of the Marketing Carrier, if available make necessary arrangements to transport the passengers and their baggage to their final destination. Any costs and expenses incurred for such alternative transportation shall be borne by the Operating Carrier, in accordance with its applicable policies and procedures.

8.5 With regard to all arrangements undertaken in case of flight irregularities for the convenience of the passengers, equal treatment and amenities shall be extended to the Operating Carrier and the Marketing Carrier passengers, with or without assistance of the Marketing Carrier, with respect to the Operating Carrier's standards.




ANNEX N°3


8.6 Any aircraft substitutions carried out by the Operating Carrier shall not affect the Marketing Carrier's passengers.

9. CONTACTS

QR Name e-mail, phone, fax, tty Schedule Maintenance and Changes

Mr. Joachim Lobo

Tty: DOHSPQR Copy DOHRCQR for Ad Hoc changes

Reservations and Ticketing Procedures and System issues

Mr. Rommel Shetty

Tty: DOHRCQR

US Name e-mail, phone, fax, tty Schedule Maintenance and Changes

US Airways Duty Officer

Reservations and Ticketing System issues

Debby Clugston

SITA: HDQOMUS



Page 31 of 63


ANNEX N°4

PASSENGER HANDLING PROCEDURES




ANNEX N°4


to the Code Sharing Agreement effective as of 19th February, 2009, between US Airways (US) and Qatar Airways (QR):

1. CHECK-IN PROCEDURES

1.1 GENERAL

The OC shall be responsible for providing ground handling facilities and shall be charged for all costs attributable to handling as laid down in the respective ground handling agreements between the OC and its handling agent.

1.2 CHECK-IN LOCATION

The OC or its handling agent will check-in the MC's passengers at the OC's check-in locations.

1-3 BOARDING PASSES AND BAGGAGE TAGS

The OC or its handling agent will issue boarding passes reflecting both OC and MC's flight number (if the respective DCS allows it) and the OC's flight number only on the baggage tags.

TCI - Through check-in will also be performed up to passengers final destination with equal conditions for each passenger in accordance with the OC's through check-in regulations, including APIS (Advance Passenger Information System) data transmission, if required at final destination.

1.4. SPECIAL HANDLING CHARGES

As a rule, the OC's general operating regulations will be applied to the Code share flights for the following: special handling charges; carry-on articles, carry-on baggage, sporting equipment, unaccompanied minors, passengers with reduced mobility, medical cases, wheelchair passengers, acceptance of dangerous goods, pets in cabin, pets in hold, deportees, etc.

1.5 STANDARD BAGGAGE ALLOWANCE

The OC will apply following standard free baggage allowance for the MC passengers:

QR

Class First Class Business Class Economy Class

Weight Concept 40 kg 30 kg 20 kg

Piece Concept 2 Pees / 32 kg each 2 Pees / 32 kg each 2 Pees / 23 kg each

OC strictly does not accept pieces over thirty two (32) kgs.

US

Class First/Envoy Class Economy Class

Piece Concept 2 Pieces / 32 kg (70 lbs) each 2 Pieces / 23 kg (50 lbs) each



Page 33 of 63


ANNEX N°4


2. ACCEPTANCE OF PASSENGERS

2.1 ACCEPTANCE SEQUENCE

Acceptance of the MC's passengers shall be as per final PNL/ADL. Per each class and allotment, the following acceptance sequence for revenue passengers (pax) shall apply:

OC "OK" pax MC "OK" pax OC "OK" pax on standby MC "OK" pax on standby OC NOREC pax MC NOREC pax OC waitlisted pax MC waitlisted pax OC goshow pax MC goshow pax OC ID-2 pax MC ID-2 pax 3rd party ID-2 pax

2.2 MC'S PASSENGER IN EXCESS

MC's passengers in excess of the actual (basic, retained or increased) seat allotment shall be accommodated in OC's allotment provided seats are available.

3. LOYALTY - FREQUENT FLYER PROGRAM (FFP)

3.1 INFORMATION FLOW

The reference numbers of members of the MC's Loyalty Program are provided through the respective reservation system.

3.2 MISSING INFORMATION

If not provided or incorrect, the OC or its handling agent respectively will add or amend the Frequent Flyer number to the respective departure control system which will transmit the data to the MC.

4. REDUCED FARES AND STAFF TRAVEL

Acceptance of ID tickets for duty or leisure travel by employees, shall be handled by each carrier according to its own policy.

5. Counter and gate signage

5.1 GENERAL

The OC or its handling agent shall arrange at all airports concerned counter and gate signage reflecting the Code-share operation.

5.2 COSTS

Counter and gate signage's costs should be borne by the OC.




ANNEX N°4


5.3 LOGO

Respective carrier's logo shall be provided to each other parties.

5.4 FIDS - AIMS / Costs

The public information boards (FIDS/AIMS) shall show the designators and flight numbers of both carriers. Costs should be borne by the OC.

6. LOUNGE ACCESS

61 GENERAL

Lounge access at all airports concerned shall be contracted and handled by each carrier locally according to its own policy.

The following MC passengers shall be granted access to lounge when traveling on OC flights. • First / Business Class passengers.

6.2 BRANDING

The MC shall give the necessary instructions and material to the OC or its handling agent at the respective airport.

6.3 COSTS

The lounge costs of MC will be borne by OC for the confirmed first class and business class codeshare passengers.

7. PASSENGER FLIGHT COUPONS

7.1 GENERAL

All passenger flight coupons will be lifted by the OC for processing and billing by its respective revenue accounting departments.

7.2 SPECIAL HANDLING CHARGE AND EXCESS BAGGAGE

All revenue derived from excess baggage and other special service charges (e.g. for bicycles, pets, etc.) will be credited to the OC.

All excess baggage coupons and MCOs for special service charges will be handed over to the OC.

8. FLIGHT IRREGULARITIES

8.1 DELAY INFORMATION

To the extent possible, in the event of major flight delays or major cancellations, the Operating Party shall provide prompt advice to the following services:

QR to US: SITA: INT03US US to QR: SITA: DOHRMQR / DOHSPQR

REF: QTR-CNT-2008-643 P a g e 35 Of 63 QATAR AIRWAYS' CONFIDENTIAL



ANNEX N°4


8.2 MAJOR INCIDENT

In the event of a major accident or incident, the OC shall advise the following MC's service immediately:

QR Operational Control Centre SITA address: POHOCQR

I (24-hour) l(24-hour)

US Operational Control Center (24-hour)

8-3 IRREGULARITY PASSENGER HANDLING

Under all arrangements undertaken in case of flight irregularities (except cancellation; see 9) for the convenience of the passengers, equal treatment shall be extended to the OC and the MC passengers according to OC rules. This without prejudice to the liability regulation as set in force in Article 11 of the Code-share Agreement.

8.4 COST ABSORPTION

The OC shall be responsible for all expenses such as meals, hotel accommodation, ground transportation, etc. for all passengers.

9. FLIGHT CANCELLATIONS

9.1 GENERAL

The handling of passengers in case of flight cancellation has been laid down in detail in Article 5.3 of the Code-share Agreement. The following procedure has been agreed for Code-share flights operated by OC.

9.2 CANCELLATION TIME FRAME / COST ABSORPTION

If an OC operated Code-share flight is cancelled at twenty-four (24) hours or more before the scheduled departure time, each carrier shall handle and rebook its own passengers.

In the event of a cancellation within twenty-four (24) hours before scheduled departure time, the OC shall retain all passenger coupons (duly endorsed to OC, if necessary) and be responsible for all expenses incurred in connection with transportation of passengers and baggage to the passengers' final destination, irrespective of the cause of cancellation.

10. BAGGAGE IRREGULARITIES

10.1 GENERAL

The OC, or its designated handling agent in connection with baggage irregularities, will perform the following activities:

(1) Issuance of PIR - Property Irregularity Report (temporary loss) under OC's file reference and with the MC's flight number in the FD field.

(2) Opening of AHL - file in WorldTracer and initial tracing activities.




ANNEX N°4


(3) Issuance of DPR - Damage Property Report (damage and pilferage) under operating carrier's file reference.

(4) Handout initial cash advance, if needed (according to OC's rules).

(5) Final settlement of DPR/AHL - Damage Property Report (damage and pilferage).

The files shall be sent to: QR to US: HDQLZUS US to QR: DOHLZQR

10.2 COSTS ABSORPTION

All above activities shall be made according to OC's rules, regulations and procedures. All costs resulting from above (such as, but not limited to, repair or direct settlement costs for damaged baggage, initial cash advance, delivery costs, etc.) shall be borne by OC.

10.3 RESPONSIBILITY OF MC

Refer to Article 11 of the Codeshare Agreement.

11. INADMISSIBLE PASSENGERS (INAD)

11.1 GENERAL

In principle, the last OC bears the final responsibility in accordance with the provisions of Annex N°9 ("Facilitation") of the Chicago Convention dated December 7th, 1944 and of the IATA resolution N°701 for the admission of all passengers on board of the aircraft and for the checking of all passengers' travel documents before each flight is performed.

11.2 COSTS ABSORPTION

As a consequence, any cost (such as fines, detention cost, hotel accommodation and/or outbound carriage cost including possible escort) incurred in application of any law and associated directly or indirectly with the refused admission of any passenger carried by the aircraft on the route concerned shall be paid by the OC, irrespective whether the passenger was traveling under OC or MC flight number.

12. UNRULY PASSENGERS

In the event that an MC passenger is declared unruly by OC, the OC will inform the MC.

13. CONTACT PERSONS

Contact Person:

Phone: Fax: SITA: Email:

QR - Qatar Airways Rizwan Ahmed Manager Airport Services Systemwide

^^••^•IH ^ ^ ^ ^ ^ ^ ^ ^ | DOHGSQR

^• •^ • •^ • •^ • •H

US - US Airways Mr. Alex Schaefer Manager Airport Services International

^•^^•^^• i • H B H ^ ^ H

H ^ H i ^ H l ^ M ^ ^ H



Page 37 of 63


ANNEX N°5

MANAGEMENT OF EMERGENCY PROCEDURES




ANNEX N°5


to the Code Sharing Agreement effective as of 19th February 2009, between US Airways (US) and Qatar Airways (QR):

1. GENERAL

1.1 The Operating Carrier is responsible, in every respect, for the overall management of any incident/accident in accordance with its crisis/emergency management procedures.

1.2 Once confirmation of an accident/incident involving one of its aircraft has been received, the Operating Carrier is to advise the Marketing Carrier without delay under the contacts listed below. The Operating Carrier is to request that a representative from the Operating Carrier and the Marketing Carrier are sent to each other's emergency control center.

1.3 The Operating Carrier will then progressively advise the Marketing Carrier of the facts of the accident/incident, as they become known. All such communications for liaison/co-ordination purposes are to be in the English language.

1.4 The Operating Carrier will dispatch a Passenger Name List (PNL) of all the Marketing Carrier's passengers on board the affected flight as soon as possible according to the instructions and contacts given by the Marketing Carrier.

1.5 The Operating Carrier is to manage the reconciliation/verification of the passenger manifest in accordance with its own procedures. The Marketing Carrier is to assist with this process where their ticketed passengers are involved.

1.6 It is the Operating Carrier's responsibility to act as the central point for the collection of all passenger data referring to the affected flight that may be required for post incident/accident investigation. The Marketing Carrier is to assist with this process where their ticketed passengers are involved.

1.7 The Marketing Carrier is to assist the Operating Carrier with the welfare of passengers and their families where its ticketed passengers are involved. The Operating Carrier will activate its Telephone Enquiry Centre to handle calls from Next of Kin. This will be the primary Enquiry Centre. The Marketing Carrier may, immediately following notification by the Operating Carrier, establish a Telephone Enquiry Centre to answer calls from the Next of Kin of its ticketed passengers. The Marketing Carrier shall closely coordinate the activities of their Telephone Enquiry Centre with the Operating Carrier.

1.8 The Operating Carrier, as the carrier with responsibility for the overall management of the incident/accident, has sole authority for the release of any document (in whole or in part) that contains crew and passenger information of any description. Such control is necessary to ensure that the potential for Next of Kin to be advised of the status of passengers/crewmembers on board the aircraft by other than authorized personnel, is minimized. Should the Marketing Carrier consider that it needs to release details of its ticketed passengers to any party, it shall consult with the Operating Carrier for authority to do so.

1.9 Each individual carrier is responsible for the security of data entrusted to the carriers by the passengers or their agents. Therefore, both carriers must ensure that no data transferred between the carriers for the purpose of operating the flight is released to any third party without reference to the owner of that data.

1.10 The Operating Carrier will be responsible for all concepts with the media regarding any accident/incident. The Operating Carrier will fax a copy of all its press releases to the Marketing Carrier for the latter's information as and when required. Should the Marketing Carrier decide that




ANNEX N°5


it needs to respond to media inquiries on its own account, it shall do so on a case by case basis in consultation with the Operating Carrier.

1.11 The Marketing Carrier will render on request of the Operating Carrier as much general assistance as possible to the Operating Carrier, subject to the availability of resources.

2. COMMUNICATIONS

2.1 US

(a) Primary Contact Flight Dispatch & Control Team (twenty four (24) hour contact)

SITA: HDQOMUS

(b) After activating the Crisis Management Center Crisis Management Center

SITA : HDQOMUS

2.2 QR

(a) Initial Response Operations Control Centre

SITA: DOHOCQR

(b) After activation of the Group Emergency Control Centre Qatar Airways Group Emergency Control Centre-Doha-Qatar

SITA: DOHOXQR

3. EMERGENCY PLAN

3.1 The carriers mutually agree to apply best efforts to meet the IATA Standards and Recommended Practices (Appendix 1) for the assistance of survivors and families of passengers in the aftermath of an aircraft accident or incident.



Page 40 of 63


ANNEX N°6

QR'S CONDITIONS OF CARRIAGE



Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Joint Application of Qatar Airways and US Airways ANNEX N°6 Appendix B, Page 43 of 65


Definitions

Applicability

Tickets

Stopovers & Agreed Stopping Places

Fares & Charges

Reservations

Check-In

Refusal of and Limitation on Carriage

Baggage

Schedules, Cancellation of flights

Refunds

Conduct aboard Aircraft

Arrangements by Carrier

Administrative Formalities

Successive Carriers

Liability for Damage

Time Limitation on Claims and Actions

Other Conditions

Interpretation

Modification and Waiver

ARTICLE 1-DEFINITIONS

In these conditions, except where the context otherwise requires, or except where it is otherwise expressly provided, the following expressions have the meanings respectively assigned to them, that is to say:

"We", "Our", "Ourselves" and "Us" means Qatar Airways.

"You", "Your", and "Yourself" means any person, except members of crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "Passenger").

"Agreed Stopping Places," means those places, except the place of departure and the place of destination, set out in the Ticket or shown in our timetables as scheduled stopping places on your route.

"Airline Designator Code" means the two-characters or three letters which identify particular air carriers.



Page 42 of 64



"Authorised Agent" means a Passenger sales agent who we have appointed to represent us in the sale of air Passenger transportation on our services and, when authorised, on the services of other carriers.

"Baggage" means your personal property accompanying you in connection with your trip. Unless otherwise specified by us, it consists of both your Checked and Unchecked Baggage.

"Baggage Check" means those portions of the Ticket, which relate to the carriage of your Checked Baggage.

"Baggage Identification Tag" means a document issued solely for identification of each piece of Checked Baggage.

"Carrier" means an air carrier other than ourselves whose Airline Designator Code appears on your Ticket or on a conjunction ticket.

"Carrier's Regulations" means rules, other than these Conditions, published by us and in effect on date of Ticket issue, governing carriage of both you and/or your Baggage and shall include any applicable tariffs in force.

"Check-in deadline" means the time limit specified by us by which you must have completed all check-in formalities and received your boarding pass.

"Checked Baggage" means Baggage of which we take custody and for which we have issued a baggage identification Check.

"Conjunction Ticket" means a Ticket issued to you in conjunction with another Ticket, which together constitute a single contract or carriage.

"Conditions of Contract" means those statements contained in or delivered with your ticket or Itinerary/Receipt, identified as such and which incorporate by reference these conditions of Carriage and notices.

"The Warsaw Convention" means whichever of the following instruments is applicable to the contract of carriage:

The Convention for the Unification of Certain Rules Relating to International Travel by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention); The Warsaw Convention as amended at The Hague on 28 September 1955; The Warsaw Convention as amended at The Hague 1955 and by additional protocol No. 2 of Montreal 1975; The Warsaw Convention as amended at the Hague and as amended by additional Protocol No.4 of Montreal (1975); The Guadalajara Supplementary Convention (1961).

"The Montreal Convention" means The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal 28 May 1999.

"Conventions" means the applicable Warsaw Convention and the Montreal Convention 1999.

"Coupon" means both a paper flight coupon and an electronic coupon, each of which entitle the named passenger to travel on the particular flight identified on it.

"Damage" includes death, wounding or bodily injury to a passenger, loss, partial loss theft or other damage to, or destruction of baggage arising out of or in connection with carriage or other services incidental thereto performed by us.





"Days" means calendar days including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for purposes of determining duration of validity of a ticket, the day upon which the Ticket is issued or the flight commenced, shall not be counted.

"Denied boarding" means a refusal to accommodate passengers on a flight although they have a valid ticket, a confirmed reservation on that flight and presented themselves for check-in within the required time limit and as stipulated.

"Electronic Coupon" means an electronic flight coupon or other value document held in our database.

"Electronic Ticket" means the itinerary/receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document.

"Flight Coupon" means that portion of the Ticket that bears the notation "good for passage" or, in the case of an electronic ticket, the electronic coupon and indicates the particular places between which you are entitled to be carried.

"Force Majeure" means unusual and unforeseeable circumstances beyond your control, the consequences of which could not have been avoided even if all due care had been exercised.

"Itinerary Receipt" means a document or documents issued by us or on our behalf to passengers travelling on Electronic Tickets that contains the Passenger's name flight information and notices.

"Normal Fare" means the highest fare approved for carriage in a given class of carriage.

"Passenger" means any person, except members of the crew, carried or to be carried in an aircraft with our consent.

"Passenger Coupon" or "Passenger Receipt" means that portion of the Ticket issued by us or on our

behalf, which is so marked and which ultimately is to be retained by you.

"SDR" means a special drawing right as defined by the International Monetary Fund.

"Special Fare" means a fare, which is lower than the normal fare. "Stopover" means a scheduled stop on your journey at a point between the place of departure and the place of destination.

"Tariff" means the published fares, charges, and or related Conditions of Carriage of a Carrier filed, where required, with the appropriate authorities.

"Ticket" means either the document entitled "Passenger Ticket and Baggage Check" issued or the Electronic ticket, in each case issued by us or on our behalf and includes the Conditions of Contract, notices and coupons contained in it.

"Unchecked Baggage" means any of your Baggage other than Checked Baggage.

ARTICLE 2- APPLICABILITY

1. GENERAL

1.1 These Conditions are the Conditions of Carriage referred to in the ticket and except as provided in Sub Articles 2, 3, 4 and 5 of this Article, these Conditions apply only on those flights or flight

REF: QTR-CNT-2008-643 Page 4 4 Of 64 QATAR AIRWAYS' CONFIDENTIAL




segments where our name or Flight Designator Code (QR) is indicated in the carrier box of the ticket for that flight or flight segment.

1.2 These conditions also apply to gratuitous and reduced fare carriage except to the extent that we have provided otherwise in our Regulations, or in relevant contracts, passes or Tickets.

2. CARRIAGE TO/FROM CANADA AND USA

2.1 These conditions apply to carriage between places in Canada or between a place in Canada and any place outside thereof only to the extent that they are incorporated in tariffs in force in Canada.

2.2 Where carriage is to or from the United States, these conditions do not apply to air transportation as defined in the US Federal Aviation Act 1958 being interstate, overseas, or foreign air transport or the transportation of mail by aircraft. Such air transportation will be governed by the applicable tariff in force in the United States. These conditions also apply to gratuitous and reduced fare carriage except to the extent that we have provided otherwise in our Regulations or in the relevant contracts, passes or Tickets.

3. CHARTERS

If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise into the terms of the charter agreement or the ticket. If the Carriage is performed pursuant to a package tour holiday contract with a third party these conditions of Carriage apply to your carriage by air with the exception of those provisions dealing with refunds.

4. OVERRIDING LAW

These Conditions of Carriage are applicable unless they are inconsistent with our tariffs or applicable laws, government regulations or orders in which event such Tariffs, laws, government regulations or orders will prevail. If any provision of these Conditions of Carriage is invalid under applicable law the other provisions shall nevertheless remain valid.

5. CODE SHARES

On some services we have arrangements with other carriers known as "Code Shares". This means that even if you have a reservation with us and hold a ticket where our name or Airline Designator Code (QR) is indicated as the carrier, another carrier may operate the aircraft. These Conditions of Carriage also apply to such transportation. If such arrangements apply we will advise you of the carrier operating the aircraft at the time you make a reservation.

6. CONDITIONS PREVAIL OVER REGULATIONS

Except as provided herein, in the event of inconsistency between these Conditions of Carriage and any other Regulations of Qatar Airways, these conditions shall prevail, except where tariffs in force in the United States or Canada apply, in which case the tariffs shall prevail.

ARTICLE 3- TICKETS

1. TICKETS

1.1 PRIMA FACIE EVIDENCE OF CONTRACT

A Ticket is valuable and you should take appropriate measures to safeguard it and ensure that it is not lost or stolen. The Ticket constitutes prima facie evidence of the contract of carriage





between us as the Carrier and you as the Passenger named on the Ticket and you may be required to produce appropriate identification. The Conditions of Contract contained in the Ticket are a summary of some of these Conditions of Carriage. We will provide carriage only to the Passenger holding such Ticket or holding as proof of payment or part payment, any other Carrier's document issued by another Carrier or its authorized agent. The Ticket is and remains at all times the property of the issuing carrier.

1.2 REQUIREMENT FOR TICKET

You will not be entitled to be carried on a flight unless you present a Ticket valid and duly issued in accordance with our regulations and containing the coupon for that flight and all other unused flight coupons and the Passenger Coupon. Furthermore you will not be entitled to be carried if the Ticket presented is mutilated or if it has been altered otherwise than by us, or by our authorised agent. In the case of an electronic ticket, you shall not be entitled to be carried on a flight unless you provide positive identification and a valid Electronic Ticket has been duly issued in your name.

1.3 LOSS, ETC. OF TICKET

In case of loss or mutilation of a Ticket, or part thereof, or non presentation of a Ticket containing the Passenger coupon and all unused flight coupons, upon your request we will replace such Ticket or part of it by issuing a new ticket provided there is evidence readily ascertainable at the time that a Ticket valid for the flights in question was duly issued and you sign an agreement to reimburse us for the costs and losses, which are necessarily and reasonably incurred by us or another carrier for misuse of the ticket. We will not claim reimbursement from you for any such losses, which result from our own negligence. The issuing carrier may charge a reasonable administration fee for this service (which in our case will be no less than US$50.00 (or the local currency equivalent).

1.4 TICKET NOT TRANSFERABLE

A Ticket is not transferable except as required by any locally applicable laws, in particular those of the European Community concerning package holidays. If a Ticket is presented by someone other than the person entitled to be carried there under or entitled to a refund in connection therewith, we shall not be liable to the person so entitled if, in good faith, we provide carriage or make a refund to the person presenting a Ticket.

1-5 TICKETS SOLD AT DISCOUNTED FARES

Some tickets are sold at discounted fares, which may be partially or completely non-refundable. You should chose the fare best suited to your needs. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your ticket. Many special fares are valid only on the dates and for the flights shown on the ticket and may not be changed at all, or may be changed only on payment of an additional fee.

2. VALIDITY

2.1 PERIOD OF VALIDITY

A Ticket is valid for carriage for one year from the day of commencement of travel or, if no portion of the Ticket is used, from the day of issue thereof, except as otherwise provided in the Ticket, these Conditions or our Regulations.





2-2 EXTENSION OF VALIDITY

If you are prevented from traveling within the period of validity of the Ticket because we:

1. Cancel the flight on which you hold a reservation; or 2. Omit a scheduled stop, being your place of departure, place of destination or a stopover,

or 3. Fail to operate a flight reasonably according to schedule; or 4. Cause you to miss a connection; or 5. Substitute a different class of service; or 6. Are unable to provide previously confirmed space.

The Validity of your Ticket will be extended until our first flight on which space is available in the class of service for which the fare has been paid.

2.3 INABILITY TO PROVIDE SPACE

When a Passenger holding a Ticket is prevented from travelling within the period of validity of the Ticket because, at the time such Passenger requests reservation, we are unable to provide space on the flight, the validity of that passenger's Ticket will be extended in accordance with our Regulations.

2.4 ILLNESS OF PASSENGER

When a Passenger after having commenced his or her journey is prevented from travelling within the period or validity of the Ticket by reason of illness, we will extend (provided such extension is not precluded by our Regulations applicable to the fare paid by the Passenger) the period of validity of that Passenger's Ticket until the date when the Passenger becomes fit to travel according to a medical certificate, or until our first flight after such date from point where the journey is resumed on which space is available in the class of service for which the fare has been paid. When the flight coupons remaining in the Ticket involve one or more stopovers, the validity of such Ticket, subject to our Regulations, will be extended for not more than three months from the date shown on such certificate. In such circumstances, we will extend similarly the period of validity of tickets of other members of the Passenger's immediate family accompanying an incapacitated passenger.

2.5 DEATH OF A PASSENGER

In the event of death of a Passenger en route, the tickets of the persons accompanying the passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a Passenger who has commenced travel, the passenger's Ticket and those of his or her immediate family accompanying the Passenger may be likewise modified. Any such modification will be made upon receipt of a valid death certificate and any extension of validity shall be for a period no longer than 45 days from the date of death.

3. FLIGHT COUPON SEQUENCE

3.1 We will honour Flight Coupons only in sequence from the place of departure as shown on the Ticket.

3.2 The Ticket may not be valid and we may not honour your Ticket if the first Flight Coupon for international travel has not been used and you commence your journey at any stopover or Agreed Stopping Place.





3.3 Each flight Coupon will be accepted for Carriage in the class of service specified therein on the date and flight for which accommodation has been reserved. When Flight Coupons are issued without a reservation being specified thereon, space will be reserved on application subject to the conditions of the relevant fare and the availability of space on the flight applied for.

4. NAME AND ADDRESS OF CARRIER

Our name may be abbreviated in the Ticket. Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name in the "CARRIER" box in the Ticket, or in the case of an Electronic ticket, as indicated for our first flight segment in the itinerary Receipt. This should not be taken to be the place where we are domiciled or has its principal place of business for the purpose of the applicable Convention.

ARTICLE 4- STOPOVERS AND AGREED STOPPING PLACES

1. STOPOVERS PERMITTED

Stopovers will be permitted only if arranged with us in advance and specified on the Ticket.

2. AGREED STOPPING PLACES

Stopovers may be permitted at Agreed Stopping Places subject to government requirements and our Regulations.

ARTICLE 5- FARES, CHARGES AND ROUTINGS

1. GENERAL

Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports and between airports and town terminals, unless provided by us without additional charge.

2. APPLICABLE FARES

Applicable fares are those published by or on our behalf or, if not so published, constructed in accordance with our Regulations. Subject to government requirements and our Regulations, the applicable fare is the fare for the flight or flights in effect on the date of commencement of the carriage covered by the first Flight Coupon of the Ticket. When the amount that has been collected is not the applicable fare the difference shall be paid by the Passenger, or, as the case may be, refunded by us, in accordance with our regulations.

3. ROUTING

Unless otherwise provided in our regulations, fares apply only to routings published in connection therewith. If there is more than one routing at the same fare, you may specify the routing prior to issue of the Ticket. If no routing is specified, we will determine the routing.

4. CURRENCY

Fares, taxes, fees and charges are payable in any currency acceptable to us. When payment is made in a currency other than the currency in which the fare is published, such payment will be made at the rate of exchange established in accordance with our regulations.





5. TAXES FEES AND CHARGES

Applicable fares, taxes, fees and charges imposed by government or other authority, or by the operator of an airport shall be payable by you. At the time you purchase your ticket, you will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the ticket. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of ticket issuance. If there is an increase in tax, fee or charge shown on the ticket, you will be required to pay it. Similarly, if a new tax, fee or charge is imposed even after ticket issuance you will be required to pay it. In the event of any taxes, fees or charges, which you have paid to us at the time of ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund.

ARTICLE 6- RESERVATIONS

1. RESERVATIONS REQUIREMENTS

1.1 We or our Authorised Agent will record your reservation(s). Upon request we will provide you with written confirmation of your reservation(s).

1.2 As provided in our Regulations, certain fares may have conditions, which may limit or exclude your right to change or cancel reservations.

2. TICKETING TIME LIMITS

If you have not paid for your Ticket (or made credit arrangements with us) prior to the specified ticketing time limit, we may cancel your reservation.

3. PERSONAL DATA

You recognise that personal data has been given to us for the purposes of making a reservation, purchasing a ticket, obtaining ancillary services, facilitating immigration and entry requirements and making available such data to government agencies in connection with your travel. For these purposes you authorise us to retain and use such data and to transmit it to our own offices, Authorised Agents, government agencies, other carriers or the providers of such services, in whatever the country they may be located.

4. SEATING

We will endeavour to honour advance seating requests. However, we do not guarantee to provide any particular seat in the aircraft. We reserve the right to assign or reassign seats at any time even after boarding of the aircraft for operational, safety or security reasons and you agree to accept any seat that may be allotted on the flight in the class of service for which the Ticket has been issued.

5. SERVICE CHARGE WHEN SPACE NOT OCCUPIED

A service charge, in accordance with our Regulations, may be payable by you if you fail to use space for which a reservation has been made.

6. RECONFIRMATION OF RESERVATIONS

Onward or return reservations are subject to the requirement to reconfirm the reservations within specified time limits. Failure to comply with this requirement will result in cancellation of any onward or return reservations. If you advise us that you still wish to travel and there is space on




QR'S CONDITIONS OFCARRIAGE

the flight, we will reinstate your reservation and transport you. If there is no space on the flight we will use reasonable efforts to transport you to your next or final destination.

7. CANCELLATION OF ONWARD RESERVATIONS MADE BY US

If you do not use a reservation and fail to advise us, we may cancel or request cancellation of any onward or return reservations.

8. UTILISATION OF EMPTY SEATS

We reserve the right to utilise at our sole discretion any empty seat, for which a reservation has been made but where you fail to make use of that reservation. We, in utilising such vacant seat, are under no obligation to refund the fare paid in connection with any such reservation, except as provided for under Article 11 hereof.

ARTICLE 7- CHECK IN

You must arrive at our check-in location and boarding gate sufficiently in advance of flight departure to permit completion of any government formalities and departure procedures and in any event not later than the time that we may have indicated. If you fail to arrive in time at our check-in location or boarding gate or appear improperly documented and not ready to travel, we may cancel the space reserved for you and will not delay the flight. We are not liable to you for loss or expense due to your failure to comply with the provision of this article.

ARTICLE 8- REFUSAL OF AND LIMITATION ON CARRIAGE

1. RIGHT TO REFUSE CARRIAGE

We may refuse carriage of you or your Baggage for reasons of safety or if, in the exercise of our reasonable discretion, we determine that:

1.1 Such action is necessary in order to comply with any applicable law, regulations or orders of any state or country to be flown, from, into or over; or

1.2 Your conduct, age or mental or physical state, including your impairment from alcohol or drugs is such as to: (A) Require special assistance from us; or (B) Cause discomfort or make yourself objectionable to other passengers; or (C) Involve any hazard or risk to yourself or to other persons or to property; or

1.3 Such action is necessary because you have failed to observe our instructions; or 1.4 You have refused to submit to a security check; or 1.5 The applicable fare or any charges or taxes payable have not been paid, or credit

arrangements agreed between us and you (or the person paying for the Ticket) have not been complied with; or

1.6 You do not appear to be properly documented; 1.7 You may seek to enter a country through which you are in transit; or 1.8 You may destroy or otherwise dispose of your documentation during flight; or 1.9 You will not surrender a travel document to be held by the flight crew against receipt,

when so requested by us; or 1.10 The Ticket presented by you:

(A) Has been acquired unlawfully or has been purchased from an entity other than the issuing Carrier or its authorised agent; or

(B) Has been reported as being lost or stolen; or (C) Is a counterfeit Ticket; or

REF: QTR-CNT-2008-643 P a g e 50 o f 64 QATAR AIRWAYS' CONFIDENTIAL




(D) Any Flight Coupon has been altered by anyone other than us or another Carrier or our respective authorised agents, or has been mutilated and we reserve the right to retain such Ticket; or

1.11 As the person presenting the Ticket you cannot prove that you are the person named in the "NAME OF PASSENGER" box in the Ticket and we reserve the right to retain such Ticket.

2. SPECIAL ASSISTANCE

Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women or persons with illness is subject to prior arrangement with us. Passengers with any disabilities who have advised us of any special requirements they may have at the time of ticketing and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements.

3. REFUSAL TO CARRY OR REMOVAL OF PASSENGER

We may, in our reasonable discretion, refuse to carry you, or remove you en route, due to your conduct, behavior, physical or mental condition. In such a case, we may cancel the remaining unused portion of the Ticket, and you will not be entitled to further carriage or to a refund, either in respect of the sector, which was the subject of refusal of carriage or removal, or in respect of any subsequent sectors covered by the Ticket. We will not be liable for any consequential loss or damage alleged due to any such refusal of carriage or removal en route. We reserve the right to claim from you all reasonable and proper costs of such removal as referred to in Article 12.1.2 of these conditions.

ARTICLE 9- BAGGAGE

1. ITEMS UNACCEPTABLE AS BAGGAGE

1.1 You must not include in your Baggage: (1) Items which do not constitute Baggage as defined in Article 1; or (2) Items which are likely to endanger the aircraft or persons or property on board

the aircraft such as those specified in the 'International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air' and the 'International Air Transport Association (IATA) Dangerous goods Regulations', and or in our Regulations (further information is available from us on request); or

(3) Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over; or

(4) Items which, in our opinion, are unsuitable for carriage by reason of their weight, size, or character, such as fragile or perishable items; or

(5) Live animals, except as provided for in Sub-Article 10 of this article. 1.2 Firearms and ammunition other than for hunting and sporting purposes are prohibited

from carriage as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as Checked Baggage in accordance with our Regulations. Firearms must be unloaded with the safety catch on, and be suitably packed. Carriage of ammunition is subject to ICAO and IATA Dangerous Goods Regulations referred to in sub-article1.1 above.

1.3 You must not include in Checked Baggage fragile or perishable items, money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents or samples.





1.4 Weapons such as antique firearms, swords, knives, and similar items may be accepted as Checked Baggage, in accordance with our Regulations but will not be permitted in the cabin.

1.5 If any items referred to in Sub-Article 1.1, 1.2 or 1.3 of this Article are carried, whether or not they are prohibited from carriage as Baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these conditions applicable to the carriage of Baggage.

2. RIGHT TO REFUSE CARRIAGE

2.1 We may refuse carriage as Baggage of such items described in Sub Article 1 of this Article as are prohibited from carriage as Baggage and may refuse further carriage of any such items on discovery thereof.

2.2 We may refuse to carry as Baggage any item because of its size, shape, weight or character.

2.3 Unless advance arrangements for its carriage have been made with us, we may carry on later flights Baggage, which is in excess of the applicable free allowances.

2.4 We may refuse to accept Baggage as Checked Baggage unless it is properly packed in suitcases or other suitable containers to ensure safe carriage with ordinary care in handling.

3. RIGHT OF SEARCH

3.1 For reasons of safety and security, we will ask to search and screen you and search, screen or x-ray your Baggage. We will always try to search, screen or x-ray your baggage when you are present. However if you are not available we may search your Baggage in your absence. If you do not allow us to carry out the necessary safety and security searches, screening and x-rays we will refuse to carry you and your baggage. In such an event we shall not be under any liability to you except to refund the Ticket value in accordance with Article 11.

3.2 This right of search referred to in sub-article3.1 does not impose an obligation on us, nor does the right of search whether exercised or not, constitute our agreement either expressed or implied to carry an item within your Baggage which would otherwise be precluded from carriage under Sub-Articles 1 and 2 of this article.

4. CHECKED BAGGAGE

4.1 Upon delivery to us of Baggage to be checked, we shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage.

4.2 If Baggage has no name, initials or other personal identification, you must affix such identification to the Baggage prior to acceptance.

4.3 In the absence of your declaration to the contrary at the time the baggage is checked, title to all the baggage and its contents will be deemed to be yours alone.

4.4 Checked Baggage will be carried on the same aircraft as you, unless we decide that this is impracticable, in which case we will carry the Checked Baggage on our next flight on which space is available.

5. FREE BAGGAGE ALLOWANCE

You may carry free of charge Baggage as specified and subject to the conditions and limitations in our Regulations.





6. EXCESS BAGGAGE

We reserve the right to refuse to carry Baggage in excess of the free Baggage allowance. Baggage in excess of the free Baggage allowance will be carried only at our discretion subject to space and weight limitation. You will pay a charge for the carriage of Baggage in excess of the free Baggage allowance at the rate and in the manner provided in our Regulations.

7. EXCESS VALUE DECLARATION AND CHARGE

7.1 If in accordance with our Regulations at some locations we offer an excess valuation facility, you may declare a value for Checked Baggage in excess of the applicable liability limits. If you make such a declaration you will pay any applicable charges.

7.2 We will refuse to accept an excess value declaration on Checked Baggage when a portion of the carriage is to be provided by another Carrier, which does not offer the facility.

8. UNCHECKED BAGGAGE (BAGGAGE YOU CARRY ON TO THE AIRCRAFT)

8.1 We set maximum dimensions and weights for unchecked Baggage. The item must fit under the seat in front of you or fit in an enclosed storage compartment in the cabin. Items we determine to be of excessive weight or size will not be permitted in the cabin.

8.2 Objects, which in our opinion, are not suitable for transport in the Cargo compartment (such as but not limited to delicate musical instruments) will only be accepted for transportation in the cabin compartment if you gave us advanced notice and permission has been granted by us. You may have to pay a separate charge for this service.

9. COLLECTION AND DELIVERY OF BAGGAGE

9.1 You are required to collect your checked baggage as soon as it is made available for collection at your destination or Stopover.

9.2 Only the bearer of the Baggage Check and Baggage Identification Tag, delivered to the Passenger at the time the Baggage was checked, is entitled to claim delivery of Baggage. Failure to exhibit the Baggage Identification Tag will not prevent delivery provided the Baggage Check is produced and the Baggage is identified by other means.

9.3 If a person claiming the Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we will deliver the bag to such person only on condition that he or she, establishes to our satisfaction his or her right thereto, and if required by us, such person shall furnish adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery.

9.4 Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the Conditions of Contract.

9.5 Title in any Baggage, which is unclaimed after being in custody and in our possession for 120 days shall be deemed to pass to us. We may make such arrangements for the disposal of Baggage and the proceeds of sale rising there from as we may consider appropriate.





10. ANIMALS

10.1 Animals such as dogs, cats, household birds and other pets, when properly crated and accompanied by valid health and vaccination certificates, entry permits and other documents required by countries of entry or transit will, with our advance agreement, be accepted for carriage, subject to our Regulations.

10.2 If accepted as Baggage, the animal together with it's container and food carried, shall not be included in your free Baggage allowance of the Passenger but constitute excess Baggage, for which you will be obliged to pay the applicable rate.

10.3 Guide dogs accompanying sight/hearing impaired and/or physically handicapped Passengers together with containers and food, will be carried free of charge in addition to the normal free Baggage allowance, subject to our Regulations.

10.4 Acceptance for carriage of animals is subject to the condition that you assume full responsibility for such animal. We shall not be liable for injury to or loss, delay, sickness, or death of such animal in the event that it is refused entry into or passage through any country, state or territory.

10.5 Without prejudice to Sub-Article 10.4 above, we shall be entitled to limit our liability, pursuant to the applicable Convention or to these Conditions of Carriage as the case may be, for injury to or loss, delay, sickness or death of any animal carried, by reference to the weight of the animal and the applicable limit of liability for Checked Baggage, Unchecked Baggage or cargo as the case may be.

10.6 We are not liable to you for any loss you suffer because you do not have the health and vaccination certificates, entry permits, transit permits, exit permits and or other documents needed for your animals. We reserve the right to claim from you any and or all fines, costs, charges, losses, or liabilities we have paid or suffered because you did not have these documents.

11. ITEMS REMOVED FROM PASSENGERS BY AIRPORT SECURITY PERSONNEL

We will not be responsible for, nor have any liability in respect of, items removed from you or your Baggage by airport security personnel acting in accordance with international or government regulations, whether or not any such items are subsequently retained or destroyed by such airport security personnel, or are passed by such airport security personnel to us.

12. PERSONAL BELONGINGS

We will not accept liability for damage to and or loss or destruction of any of your personal property in consequence of your leaving it unattended in any of our aircraft and or in any property, airport facilities or vehicles we use.

ARTICLE 10 - SCHEDULES, CANCELLATION OF FLIGHTS

1. SCHEDULES

1.1 We undertake to use our best efforts to carry you and your Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel, but no particular time is fixed for the commencement or completion of carriage, and times shown in timetables or elsewhere are approximate and not guaranteed, and do not form part of the Conditions of Contract. Schedules are subject to change without notice, and we assume no liability for making connections.





1.2 We may without notice, substitute alternative carriers, or aircraft.

2. CANCELLATION, CHANGES OF SCHEDULE ETC.

2.1 If we cancel or delay a flight, are unable to provide previously confirmed space, fail to stop at a Passenger stopover or destination point, or cause you to miss a connecting flight on which you hold a reservation, we shall either:

(i) Carry you on another of our scheduled Passenger services on which space is available; or

(ii) Re-route you to the destination indicated on the Ticket or applicable portion thereof by our own scheduled services or the scheduled services of another carrier, or by means of surface transportation. If the sum of the fare, excess Baggage charge and any applicable service charge for the revised routing is higher than the refund value of the Ticket or applicable portion thereof, we will not require additional fare or charges from you and will refund the difference if the fare and charge for the revised routing are lower; or

(iii) Make a refund in accordance with the provisions of Article 11 and shall be under no further liability to you.

2.2 Upon the occurrence of any of the events set out in Article 10.2(1) except as otherwise provided by the applicable Convention, the options outlined in Article 10.2(1 )(i) through10.2 (1)(iii) are the sole and exclusive remedies available to you and we shall have no further liability to you.

3. SEATS FOR CONFIRMED RESERVATIONS

We make every effort to provide seats for which confirmed reservations have been made but no absolute guarantee of availability is denoted by the expressions "reservation", "confirmed", "status OK" and the timings attached to them.

4. DENIED BOARDING COMPENSATION

If we are unable to provide previously confirmed space, we shall provide compensation to those passengers denied boarding in accordance with the applicable Convention and or applicable law and or our denied boarding compensation scheme as set out in our Regulations.

5. LIABILITY OF CARRIER FOR ERRORS OR OMISSIONS

Except in the case of acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result, we shall not be liable for errors or omissions in timetables or other published schedules, or for representations made by our employees, agents or representatives as to the dates or times of departure or arrival or as to the operation of any flight.

ARTICLE 11-REFUNDS

1. GENERAL

Following our failure to provide carriage in accordance with the Conditions of Contract, or where you request a voluntary change of your arrangements, refund for an unused Ticket or portion thereof will be made by us in accordance with this Article and with our Regulations.





2. PERSON TO WHOM REFUND WILL BE MADE

2.1 Except as hereinafter provided in this Sub-Article, we shall be entitled to make refund either to the person named on the Ticket, or to the person who has paid for the Ticket upon presentation of satisfactory proof of such payment.

2.2 If a ticket has been paid for by a person other than the Passenger named in the Ticket and we have indicated on the ticket that there is a restriction on refund, we will make a refund only to the person paying for the Ticket or to that person's order.

2.3 Except in the case of lost tickets, refunds will only be made on surrender to us of the Passenger Coupon or Passenger Receipt and surrender of all unused Flight Coupons.

2.4 A refund made to anyone presenting the Passenger Coupon or Passenger Receipt and all unused Flight Coupons and holding himself or herself out as a person to whom the refund may be made under Sub-Articles 2.1 or 2.2 of this Article shall be deemed a proper refund and will discharge us from liability and any further claim for refund.

3. INVOLUNTARY REFUNDS

If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at a point to which the Passenger is destined or ticketed to stopover, are unable to provide previously confirmed space or cause you to miss a connecting flight on which you hold a reservation, the amount of refund will be:

If no portion of the Ticket has been used, the amount equal to the fare paid,

If a portion of the Ticket has been used, the refund will be the higher of:

(i) The one way fare (less applicable discounts and charges) from point of interruption to

destination or point of next Stopover, or

(ii) The difference between the fare paid and the fare for the transportation used.

4. VOLUNTARY REFUNDS If you wish to have a refund of your Ticket for reasons other than those set out in Sub-Article 3 of this Article it will be at our sole discretion to determine the refund, the amount of which shall be:

4.1 (1) If no portion of the Ticket has been used, an amount equal to the fare paid, less any applicable service charges or cancellation fees; or

(2) If a portion of the Ticket has been used, any refund will be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, less any applicable service charges or cancellation fees.

5. REFUND OF LOST TICKET

If a Ticket or portion thereof, or a card used for issuance of an electronic ticket is lost, refund will be made on proof of loss satisfactory to us and upon payment of any applicable service charges, provided that:

(a) The lost Ticket, or portion thereof, has not been used, previously refunded or replaced; and





(b) The person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay to us the amount refunded in the event and to the extent that the lost Ticket or portion thereof is used by any person or that refund thereof is made to any person in possession of the Ticket;

(c) If we or our Authorised Agent lose the ticket or a portion of it, the loss will be our responsibility.

6. RIGHT TO REFUSE REFUND

6.1 After the expiry of the validity of the Ticket, we may refuse refund when your application is made later than the time prescribed in our Regulations.

6.2 We may refuse refund on a Ticket, which has been presented to us or to government officials as evidence of intention to depart from that country unless you establish to our satisfaction that you have permission to remain in the Country or that you will depart by another Carrier or another means of transport.

7. CURRENCY

All refunds will be subject to government laws, rules and regulations or orders of the country in which the Ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, refunds will normally be made in the currency in which the Ticket was paid for, but may be made in another currency in accordance with our Regulations.

8. BY WHOM TICKET REFUNDABLE

Voluntary refunds will be made only by the Carrier, which originally issued the Ticket or by its agent if so authorised.

9. CHARTER TICKET NON REFUNDABLE

Charter Tickets used as part of inclusive tour holidays are not refundable by us in any circumstances.

10. REFUND TO CREDIT CARDS ACCOUNTS

Refund due on tickets paid for with a credit card can only be credited to the credit card account used for the original purchase. The refundable amount to be paid by us will be in accordance with the rules within this article only on the basis of the amount and the currency entered in the ticket. The refundable amount to be credited to the credit card account of the card owner can vary from the originally debited amount by the credit card company for the ticket due to differences in rates of currency conversion. Such variations do not entitle the recipient of the refund to claim against us.

ARTICLE 12 - CONDUCT ABOARD AIRCRAFT

1. UNACCEPTABLE BEHAVIOUR

If in our reasonable opinion you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew, including but not limited to those with respect to smoking, alcohol or drug consumption or behave in a manner to which other Passengers may reasonably object, we may take such measures as we deem necessary to prevent continuation of





such conduct, including restraint. You may be disembarked and refused onward carriage at any point and may be prosecuted for offences committed on board the aircraft.

2. PAYMENT OF DIVERSION COSTS

If as a result of your behaviour, we divert the aircraft to an unscheduled place of destination and you are disembarked from the aircraft, we reserve the right to claim from you all the reasonable and proper costs of the diversion including but not limited to air traffic control charges, diversion fuel costs, airport landing charges and necessary flight crew costs.

3. USING ELECTRONIC DEVICES ONBOARD THE AIRCRAFT

For safety reasons we may forbid or limit operation aboard the aircraft of electronic equipment including but not limited to portable radios, CD players, electronic games or transmitting devices including mobile telephones, radio controlled toys and walking-talkies. You must not operate any other electronic devices on board without our permission, except that portable recorders, hearing aids and heart pacemakers may be used.

4. NON-SMOKING FLIGHTS

All Qatar Airways flights are non-smoking flights. Smoking is prohibited in all areas of the aircraft.

ARTICLE 13 - ARRANGEMENTS BY CARRIER

If we make arrangements for you with any third party to provide any services other than carriage by air or if we issue a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of the third party service provider will apply. If we are also providing surface transportation to you, other conditions may apply to such surface transportation. Such conditions are available from us on request.

ARTICLE 14 - ADMINISTRATIVE FORMALITIES

1. GENERAL

You are solely responsible for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over, and with our Regulations and instructions. We shall not be liable for any aid or information given by our agents or employee to you in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands and requirements, whether given in writing or otherwise; or for the consequences to you resulting from your failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements.

2. TRAVEL DOCUMENTS

Prior to travel you are required to present all exit, entry, health and other documents required by laws, regulations, orders, demands and requirements of the countries concerned and permit us to take and retain copies thereof. We reserve the right to refuse your carriage if you have not complied with applicable laws, regulations, orders, demands and requirements or your documents do not appear to be in order, or if you do not permit us to take and retain copies thereof.





3. REFUSAL OF ENTRY

You agree to pay the applicable fare whenever we, on government order, are required to take you to your point of origin or elsewhere, owing to your inadmissibility into a country, whether of transit or of destination. We may apply to the payment of such fare any funds paid to us for unused Carriage, or any of your funds in our possession. We will not refund the fare collected for carriage to the point of refusal of entry or deportation.

4. PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS ETC.

If we are required to pay or deposit any fine or penalty or incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands and requirements of the countries concerned or to produce the required documents, you will on demand reimburse to us, any amount so paid or deposited and any expenditure so incurred. We may use towards such expenditure any funds paid to us for unused carriage, or any of your funds in our possession.

5. CUSTOMS INSPECTION

If required, you will attend inspection of your Checked Baggage or Unchecked Baggage by customs or other government officials. We are not liable to you for any loss or damage suffered by you through failure to comply with this requirement.

6. SECURITY INSPECTION

You are required to submit to any security checks by government or airport officials or by us.

ARTICLE 15 - SUCCESSIVE CARRIERS

Carriage to be performed by several successive Carriers under one Ticket or under a Ticket and any Conjunction Ticket in connection therewith is regarded as a single operation.

ARTICLE 16 - LIABILITY FOR DAMAGE

PERSONAL DAMAGES

1. Subject to Sub-Articles 2 and 3 below, carriage hereunder is subject to the rules and limitations relating to liability established by the applicable Warsaw Convention or the Montreal Convention unless such carriage is not carriage by air and or is not international carriage to which the Conventions apply.

2. (i) Subject to Sub-Articles 2(ii) and 2(iii) below, the Liability of Qatar Airways Company for damages sustained in the event of death, wounding or any other bodily injury by you shall not be subject to any limit imposed by the applicable Convention nor by any statutory, legislative or judicial interpretation or application thereof.

(ii) Subject to Sub-Article 2(iii) below, for any damage up to the sum of the equivalent of 100,000 SDR, we shall not exclude or limit our liability by proving that we and our agents have taken all necessary measures to avoid the damage or that it was impossible for it or them to take such measures.

(iii) Notwithstanding the provisions of Sub-Articles 2(i) of 2(ii) above, if we prove that the damage was caused by, or contributed to by the negligence of the injured or deceased Passenger, we may be exonerated wholly or partly from liability in accordance with applicable law.





3. (i) We shall without delay, and in any event not later than fifteen days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered.

(ii) Without prejudice to Sub-Article 3(i) above, an advance payment shall not be less than 16,000 SDR per Passenger in the event of death.

(iii) An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of our liability, but is not returnable, except in the cases prescribed in Sub-Article 2(iii) above or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence or was not the person entitled to compensation.

4. In carriage which is not by air and or which is not international carriage to which the Conventions apply:

(i) We shall be liable for damage to you and or your Checked Baggage only if such damage has been caused by our negligence. If there has been contributory negligence on your part, our liability shall be subject to the applicable law relating to contributory negligence.

(ii) Except in the case of acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result,

(a) Our liability with respect to you for death, wounding or other bodily injury shall be limited to the sum of 16,600 SDR provided that if, in accordance with applicable law, a different limit of liability is applicable such different limit shall apply.

(b) We shall be under no liability in respect of delay except as provided in the applicable Convention, these Conditions of Carriage and or applicable law.

5. GENERAL

To the extent not in conflict with foregoing and whether or not the Convention applies:

(i) We are liable only for damage occurring on our own flights. If we issue a Ticket or check Baggage over the lines of another Carrier we do so only as agent for such other Carrier. Nevertheless, with respect to Checked Baggage you also have a right of action against the first or last Carrier, where the carriage is, in accordance with these conditions, considered to be a single operation.

(ii) We are not liable for damage arising from our compliance with any laws or government regulations, or from your failure to comply with the same.

(iii) If a Passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself or herself, we shall not be liable for any illness, injury or disability, including death, attributable to such condition or for the aggravation of such condition.

(iv) Any exclusion or limitation of liability available to us shall apply to and be for the benefit of our employees, agents and representatives and any person whose aircraft is used by us our employees' agents and representatives. The aggregate amount recoverable from us our employees, agents and representatives and from such other persons and or their employees, agents and representatives shall not exceed the amount of our limit of liability.

REF: QTR-CNT-2008-643 P a g e 6 0 o f 64 QATAR AIRWAYS' CONFIDENTIAL




(v) Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of our liability under the applicable Conventions or applicable laws.

(vi) A Special Agreement is applicable to carriage to from, or with an agreed Stopping Place in the United States of America (see applicable US tariffs.) Qatar Airways shall avail itself of the limitation of liability provided in the Convention. However, in accordance with Article 22 (1) of the Convention, Qatar Airways Company and certain other Carriers agree that as to all international carriage by such Carriers to which the Convention applies and which according to the Conditions of Contract includes a point in the United States of America as a point of origin, a point of destination or Agreed Stopping Place:

(i) The limit of liability for each Passenger for death, wounding or other bodily injury shall be the sum of US$ 75,000 inclusive of legal fees and costs except that, in case 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 US$58,000 exclusive of legal fees and costs.

(ii) Such Carriers shall not, with respect to any claim arising out of the death, wounding or other bodily injury of a Passenger, avail themselves of any defence under Article 20(1) of the Convention.

Nothing herein shall be deemed to affect the rights and liabilities, of such Carriers with regard to any claim brought by, on behalf of, or in respect of any person who has wilfully caused damage, which resulted in death, wounding or other bodily injury of a Passenger.

The names of Carriers party to the agreement referred to in this Article are available at all Ticket offices of such Carriers has entered into the said agreement solely on its own behalf and with respect to carriage performed by it and has not thereby imposed any liability on any other Carrier with respect to the portion of the carriage performed by such other Carrier or assumed liability with respect to the portion of the carriage performed by such other Carrier.

(vii) Except as may be specifically provided otherwise in these Conditions of Carriage or by applicable law we shall be liable to you only for recoverable compensatory damages for proven losses.

(viii) Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability or any defence available to us under the Convention or applicable laws unless otherwise expressly stated.

(ix) Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability or any defence available to us under the Convention or applicable laws as against any public social insurance body or any person who is liable to pay compensation or has paid compensation in respect of the death, wounding or other bodily injury of a passenger.

6. DAMAGE TO BAGGAGE

(i) We are not liable for damage to Unchecked Baggage unless such damage is caused by our negligence.

(ii) We are not liable if the damage resulted from inherent defect quality or vice of the baggage. If there has been contributory negligence on your part, our liability shall be subject to the applicable law relating to contributory negligence.

(iii) Our liability for damage to Baggage is as follows:





(a) Where the applicable Warsaw Convention applies:

Our liability shall be limited to US$ 20 or 17 SDR or equivalent in local currency per kilogram and in the case of damage to Unchecked Baggage shall be limited to US$400 or 332 SDR or equivalent in local currency or per Passenger, provided that if the weight of the Baggage is not recorded on the Baggage Check, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free Baggage allowance for the class of service concerned, as provided in Carrier's Regulations. Where no such free Baggage allowance is specified in Carrier's Regulations and no weight has been recorded a maximum of 32Kilogram is presumed. Where a Passenger's Baggage allowance is determined by reference to the number of items of Baggage rather than the weight of items and no weight has been recorded a maximum weight of 32Kilograms per item of Checked Baggage up to a maximum of two items of Baggage is presumed for each adult Passenger and for each child paying at least 50% of the normal adult fare. In the case of an infant who is not entitled to a separate seat, the presumed maximum weight shall be 20Kilograms for a maximum of one item of Baggage. If in the case of Checked Baggage higher value is declared pursuant to Sub-Article 7 of Article 9, our liability shall be limited to such higher declared value.

(b) Where the Montreal Convention applies:

Our maximum liability is limited to the local currency equivalent of 1,000 SDR per passenger for checked and unchecked baggage. We shall have no liability whatsoever for damage to articles contained in unlocked or unsecured baggage. Neither will we accept liability for cosmetic and or superficial damage caused to baggage as a result of normal wear and tear during the course of carriage. All claims made under the Montreal Convention must be substantiated by documented proof of the date and price of purchase. Depreciation will be deducted.

(c) If, in accordance with applicable law, different limits of liability are applicable such different limits apply.

(iv) The maximum limits of liability stated in Article 16 (iii) a & b above shall not apply if the damage resulted from any act or omission done by us with intent to cause damage or recklessly and with the knowledge that damage would probably result or in the case of checked baggage a higher value is declared in writing at the time it was handed to the carrier and an additional charge is paid to the carrier pursuant to an excess valuation facility referred to at Article 9.7.1.

(v) Our liability shall not exceed the amount of proven damages. Furthermore we shall not be liable for indirect or consequential damages.

(vi) We are not liable for injury to you or for damage to your Baggage caused by property contained in your Baggage. Any Passenger whose property causes injury to another person or damage to our or another person's property shall indemnify us for all losses and expenses incurred by us as a result thereof.

(vii) We are not liable for damage to fragile or perishable items, money, jewellery, precious metal, silverware, negotiable paper, securities, or other identification documents or samples, which are included in your Checked Baggage whether or not we knew of the inclusion of such items.





ARTICLE 17 - TIME LIMITATION ON CLAIMS AND ACTIONS

1. TIME LIMITATION ON CLAIMS

No action shall lie in the case of damage to Checked Baggage unless the person entitled to delivery complains to us forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt; and in the case of delay, unless the complaint is made at the latest within 21 days from the date on which the Baggage has been placed your disposal. Every complaint must be made in writing and dispatched within the time aforesaid.

2. TIME LIMITATION ON ACTIONS

Any right to damage shall be extinguished if an action has not been brought within two years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court seized of the case.

ARTICLE 18 - OTHER CONDITONS

Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by Qatar Airways related to operational safety, punctuality and Passenger convenience. These regulations and conditions as varied from time to time are important. They concern amongst other things; the carriage of unaccompanied minors, disabled Passengers, pregnant women, sick Passengers, restrictions on use of electronic devices and items, transportation of certain dangerous articles and the onboard consumption of alcoholic beverages and smoking materials.

Regulations concerning these matters are available from us upon request.

ARTICLE 19 - INTERPRETATION

The title of each article of these Conditions of Carriage is for convenience only and is not to be used for interpretation of the text.

ARTICLE 20 - MODIFICATION AND WAIVER

No employee, agent or representatives of Carrier has authority to alter, modify or waive any provision of these Conditions of Carriage.

NAME OF CARRIER: QATAR AIRWAYS Q.C.S.C. ABBREVIATION OF NAME: QR




ANNEX N°7

US'S CONDITIONS OF CARRIAGE



Tel: (202) 419-2604 - Daily Airline Filings

Documents

Transcript of Tel: (202) 419-2604 - Daily Airline Filings