Conditions of contract and other important notices - Australia(English)

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Conditions of contract and other important notices

 

PASSENGERS ON A JOURNEY INVOLVING AN ULTIMATE DESTINATION OR A STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE ARE ADVISED THAT INTERNATIONAL TREATIES KNOWN AS THE MONTREAL CONVENTION, OR ITS PREDECESSOR, THE WARSAW CONVENTION, INCLUDING ITS AMENDMENTS (THE WARSAW CONVENTION SYSTEM), MAY APPLY TO THE ENTIRE JOURNEY, INCLUDING ANY PORTION THEREOF WITHIN A COUNTRY.  FOR SUCH PASSENGERS, THE APPLICABLE TREATY, INCLUDING SPECIAL CONTRACTS OF CARRIAGE EMBODIED IN ANY APPLICABLE TARIFFS, GOVERNS AND MAY LIMIT THE LIABILITY OF THE CARRIER.

 

NOTICE of Liability Limitations

 

The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of air carriers for death or bodily injury, for loss of or damage to baggage, and for delay.

 

Where the Montreal Convention applies, the limits of liability are as follows:

1. There are no financial limits in respect of death or bodily injury.
2. In respect of destruction, loss of, or damage or delay to baggage, 1,131 Special Drawing Rights (approximately EUR 1,200; US $1,800) per passenger in most cases.
3. For damage occasioned by delay to your journey, 4,694 Special Drawing Rights (approximately EUR 5,000; US $7,500) per passenger in most cases.

 

EC Regulation No. 889/2002 requires European Community carriers to apply the provisions of the Montreal Convention limits to all carriage by them of passengers and their baggage by air.  Many non-European Community carriers have elected to do so in respect of the carriage of passengers and their baggage.

 

Where the Warsaw Convention system applies, the following limits of liability may apply:

1. 16,600 Special Drawing Rights (approximately EUR 20,000; US $20,000) in respect of death or bodily injury if the Hague Protocol to the Convention applies, or 8,300 Special Drawing Rights (approximately EUR 10,000; US $10,000) if only the Warsaw Convention applies.  Many carriers have voluntarily waived these limits in their entirety, and US regulations require that, for journeys to, from or with an agreed stopping place in the US, the limit may not be less than US $75,000.
2. 17 Special Drawing Rights (approximately EUR 20; US $20) per kg for loss of or damage or delay to checked baggage, and 332 Special Drawing Rights (approximately EUR 400; US $400) for unchecked baggage.
3. The carrier may also be liable for damage occasioned by delay.

 

Further information may be obtained from the carrier as to the limits applicable to your journey.  If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability.

 

Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply.  Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel.

 

 

Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Baggage claims: Written notice to the carrier must be made within 7 days of the receipt of checked baggage in the case of damage, and, in the case of delay, within 21 days from the date on which it was placed at the disposal of the passenger.

 

Notice of Contract Terms Incorporated by Reference

1. Your contract of carriage with the carrier that provides you with carriage by air, whether international, domestic or a domestic portion of an international journey is subject to this notice; to any notice or receipt of the carrier; and to the carrier’s individual terms and conditions (Conditions), related rules, regulations and policies (Regulations) and any applicable tariffs.
2. If your carriage is by more than one carrier, different Conditions, Regulations and any applicable tariffs may apply for each carrier.
3. The Conditions, Regulations and any applicable tariffs of each carrier are, by this notice, incorporated by reference into and made part of your contract of carriage.
4. The Conditions may include, but are not restricted to:
   • Conditions and limits on the carrier’s liability for the bodily injury or death of passengers.
   • Conditions and limits on the carrier’s liability for the loss of, damage to or delay of goods and baggage, including fragile or perishable goods.
   • Rules for declaring a higher value for baggage and for paying any supplementary fee that may apply.
   • Application of the carrier’s Conditions and limits of liability to the acts of the carrier’s agents, servants and representatives, including any person providing either equipment or services to the carrier.
   • Claims restrictions, including time limits by which passengers must file claims or bring actions against the carrier.
   • Rules about reconfirmations or reservations; check in times; the use, duration and validity of air transportation services; and the carrier’s right to refuse carriage.
   • Rights of the carrier and limits on the carrier’s liability for delay or failure to perform a service, including schedule changes, substitution of alternative carriers or aircraft and re-routing, and, when required by applicable law, the obligation of the carrier to notify passengers of the identity of the operating carrier or substituted aircraft.
   • Rights of the carrier to refuse carriage to passengers who fail to comply with applicable laws or who fail to present all necessary travel documents.
5. You can obtain more information about your contract of carriage, and find out how to request a copy, at places where transportation on the carrier is sold.  Many carriers also have this information on their websites.  When required by applicable law, you have the right to inspect the full text of your contract of carriage at the carrier’s airport and sales offices, and upon request, to receive a copy by mail or other delivery service from each carrier free of charge.
6. If a carrier sells air transportation services or checks baggage specifying carriage on another carrier, it does so only as agent for the other carrier.

 

YOU CANNOT TRAVEL IF YOU DO NOT HAVE ALL REQUIRED TRAVEL DOCUMENTS, SUCH AS PASSPORT AND VISA. 

 

GOVERNMENTS MAY REQUIRE YOUR CARRIER TO PROVIDE INFORMATION ON OR PERMIT ACCESS TO PASSENGER DATA.

 

DENIED BOARDING:  Flights may be overbooked, and there is a slight chance that a seat will not be available on a flight even if you have a confirmed reservation.  In most circumstances, if you are denied boarding involuntarily, you are entitled to compensation.  When required by applicable law, the carrier must solicit volunteers before anyone is denied boarding involuntarily.  Check with your carrier for the complete rules on payment of denied boarding compensation (DBC) and for information on the carrier’s boarding priorities.

 

BAGGAGE:  Excess valuation may be declared on certain types of articles.  Carriers may apply special rules for fragile, valuable, or perishable articles.  Check with your carrier.  Checked Baggage:  Carriers may permit a free checked baggage allowance, which is set by the carrier and may differ by class, and/or route.  Carriers may apply extra charges for checked baggage in excess of their permitted allowance.  Check with your carrier.  Cabin (Unchecked) Baggage:  Carriers may permit a free cabin baggage allowance, which is set by the carrier and may differ by class, route, and/or aircraft type.  It is recommended that cabin baggage be kept to a minimum.  Check with your carrier. If more than one carrier is providing the transportation for your journey, each carrier may apply different rules on baggage (both checked and cabin).  SPECIAL BAGGAGE LIABILITY LIMITATIONS FOR US TRAVEL:  For domestic travel wholly between US points, federal rules require any limit on a carrier’s baggage liability to be at least US$3300.00 per passenger, or the amount currently mandated by 14 CFR 254.5.

 

CHECK-IN TIMES.  The time shown on the itinerary/receipt is the departure time of the aircraft.  Flight departure time is not the same as the time you must check-in or the time you must be available for boarding.  Your carrier may refuse you carriage if you are late.  Check-in times, as advised by your carrier, are the latest times at which passengers can be accepted for travel; boarding times, as advised by your carrier, are the latest times at which passengers must present themselves for boarding.

 

DANGEROUS GOODS (HAZARDOUS MATERIALS). For safety reasons, dangerous goods must not be packed in checked or cabin (unchecked) baggage except as specifically permitted.  Dangerous goods include but are not limited to: compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidising materials, poisons, infectious substances, and briefcases with installed alarm devices. For security reasons, other restrictions may apply. Check with your carrier.

 

DANGEROUS GOODS

Do not pack or carry onboard the items pictured below without checking with your carrier.

 

 

DO NOT ENDANGER YOUR SAFETY OR THAT OF YOUR FELLOW PASSENGERS.

 

CONTACT YOUR CARRIER FOR MORE INFORMATION.

Translations and other useful travel information are available on the IATA website:

www.iatatravelcentre.com/tickets

 

 

TRAVEL WHOLLY WITHIN AUSTRALIA

 

Carriage hereunder which is wholly within the Commonwealth of Australia and is not international carriage as defined by the Warsaw Convention, is subject to the provisions of the Civil Aviation (Carriers' Liability) Act 1959 of the Commonwealth of Australia as amended or complementary State Legislation and the Liability of the Carrier in respect to the death of or injury to any Passenger is limited to the sum of $A500,000 and in respect of baggage is limited to the sum of $A1,600, and a maximum of $A160 for baggage other than Registered baggage.