| |
Regional
Express Holdings Limited t/a Regional Express, its associated companies has no
control over the acts or omissions of other airlines and third parties.
1.
CARRIAGE
The
Passenger flies subject to the Ticket Terms and, to the extent applicable, the
Laws. If there is a conflict between any of the parts of the Ticket Terms,
those of the Ticket Terms set out in this document will prevail.
2.
LIMITATION OF LIABILITY
The
Company's liability in respect of loss or damage to baggage and personal injury
or death is limited to the circumstances and amounts as laid down in the
applicable Law.
Specifically, subject to the provisions of the Trade Practices Act 1974 (Cth),
the Civil Aviation (Carriers' Liability) Act 1959 (Cth) and applicable State
and Territory legislation:
-
payments
accepted by the Company in respect of a Ticket are subject to the Fare Rules
applicable to the category of ticket purchased;
-
the Company
will not be liable to the Purchaser, the Passenger, or to any other person for
costs or losses resulting from diversion, substitution, alteration,
cancellation or delay, or from loss or delay of baggage;
-
the Company
will be not liable for consequential or other loss of any kind, arising
directly or indirectly from negligence or any act or omission or any other
cause in connection with provision or non-provision of Carriage or any
transport or service; and
-
the Company
will not be liable for inaccuracy in any information concerning transport,
services or their pricing whether referred to in the Ticket or any other
document.
Any
liability of the Company for breach of any provision of, or any term implied
by, Division 2 of Part V of the Trade Practices Act 1974 (Cth) or equivalent
State legislation whose operation cannot be excluded is limited to the extent
possible, at the option of the Company, to the following:
-
re-supply of
the services; or
-
refund for
payment made with regards to services not performed.
Liability
of the Company to the Passenger on Australian domestic flights is limited by
State and Commonwealth legislation and by the Ticket Terms by the following
amounts:
-
in respect of
destruction or loss to baggage or death or injury of any Passenger:
i. AUD$500,000: in respect of death or personal injury of the Passenger;
ii. AUD$1,600: in respect of destruction or loss to registered or checked
baggage of the Passenger; and
iii. AUD$160: in respect of destruction or loss to other baggage (cabin
baggage) of the Passenger;
and;
-
such other
sums as may be prescribed by applicable legislation for the time being in
force.
Except
as provided for under the Law, the Company is not liable for loss or damage to,
or delay in the delivery of fragile or perishable articles, money, jewellery,
precious metals, negotiable papers, securities or other valuables (including
but not limited to cameras and computers), business documents or samples which
are included in the Passenger's checked baggage, whether with or without the
knowledge of the Company. Such personal valuable items should be carried on the
Passenger's person or in carry on baggage under his care.
Claims
for baggage damaged or lost due to negligence on the part of Rex must be filed
and reported within 24 hours of the flight arrival at the destination. Claims
reported after 24 hours will not be accepted. All claims must be submitted at
the destination airport, using forms provided by Rex. The damaged baggage must
be sighted with the thermal baggage tag still attached by a Rex Staff member.
The Company is not liable for damage to baggage where damage is the result of
normal wear and tear (this includes, and is not limited to, damaged handles and
wheels). The Company is also not liable for damage to baggage if baggage weight
exceeds the maximum weight specifications of the manufacturer, where
manufacturer’s specifications are unavailable the weight limit applied will be
25kgs. The Claim will not be approved if it is deemed damage was not due to
negligence by Rex.
3.
CHECK-IN REQUIREMENTS
In the interest of on-time departure, every Passenger must be checked in and
ready for boarding by the time fixed by the Company from time to time, and in
any case not less than 30 minutes prior to the scheduled departure time for
Sydney, Melbourne & Adelaide airports or 20 minutes for regional airports.
At the time of check-in, the Passenger must present satisfactory photo
identification to the Company's staff or agent and must comply with all lawful
instructions given by such personnel including but not limited to declaring the
contents of luggage and payment of any additional charges for excess baggage
etc.
A Passenger who fails to check-in or present himself at the departure gate
within the stipulated time will not be permitted to board the aircraft and will
be deemed a "no show". This will result in the Passenger's booking under the
Ticket being cancelled. Any of the following events will result in a
cancellation:
-
failure to
board a booked flight or no-show;
-
request to
cancel part or the entire ticketed journey; and
-
non-compliance
with any of the agreed Ticket Terms.
In
these circumstances, cancellation and rebooking fees will be charged by the
Company according to the applicable Fare Rules and certain ticket classes may
lose its entire value.
4.
SAFETY REQUIREMENTS
It
is against the law to bring into the aircraft, whether as cabin baggage or
checked baggage, restricted items as defined by the Civil Aviation Safety
Authority. The Company and airport or government officials may inspect and/or
search your baggage with or without your presence.
WHAT MUST NOT BE TAKEN ON BOARD
-
EXPLOSIVES:
fireworks, flares, toy gun caps.
-
COMPRESSED
SUBSTANCE: gas cylinders, aerosols (other than medicines/toiletries).
-
FLAMMABLE
SUBSTANCE: lighter fuel, paints, thinners, firelighters, cigarette lighters
containing unabsorbed lighter fuel.
-
OXIDIZERS: some
bleaching powders, acids, chemicals.
-
ORGANIC
PEROXIDES: hair or textile dyes, fibreglass repair kits, certain adhesives.
-
POISONS:
arsenic, cyanide, weedkillers.
-
IRRITATING
SUBSTANCES: tear gas devices such as mace, pepper sprays.
-
INFECTIOUS
SUBSTANCES: biological products and/or diagnostic specimens containing
pathogens.
-
RADIOACTIVE
MATERIALS: medical or research samples which contain radioactive sources.
-
CORROSIVES:
acids, alkalis, wet cell batteries, caustic soda, mercury.
-
MAGNETISED
MATERIALS: magnetrons and anything containing strong magnets.
WHAT MAY BE TAKEN ON BOARD IN LIMITED QUANTITIES
-
Alcoholic
beverages (up to 5L), perfumes and colognes (up to 2L in total).
-
Medicinal or
toiletry products including aerosols such as hair sprays and deodorant for
personal use (up to 2kg or 2L in total).
-
With the
approval of the Company, small oxygen cylinders for medicinal use and small
carbon dioxide gas cylinders worn to power mechanical limbs.
-
Safety matches
and certain lighters carried on the person. They must not be packed in the
checked bag.
-
With approval of
the Company, dry ice used to pack perishable foods (up to 2kg). Small mercury
thermometers for personal use when in a protective case.
REMEMBER
IF YOU TAKE DANGEROUS GOODS ON BOARD, EVEN INADVERTENTLY, YOU MAY BE LIABLE TO
PROSECUTION AND A JAIL TERM.
If
there is any doubt about what may be carried on board THE aircraft, the
Passenger must request more information from the Company before commencing
travel. Firearms and weapons of any description are prohibited in the cabin of
any Aircraft. Passengers shall not tender dangerous goods or potentially
dangerous goods for Carriage as baggage. The Company may destroy, abandon
and/or retain as evidence any such goods.
5.
CHECKED BAGGAGE ALLOWANCE
In addition to cabin baggage, each Passenger occupying a paid seat is entitled
to the following free checked baggage allowance, provided the total linear
dimensions (i.e. Depth plus Height plus Length) of each item does not exceed
140cm (55in):
-
Economy Class
Passengers: 1 item 15kg (33lb)
-
Infants not
occupying seat will be allowed up to 3 items of baggage not exceeding a total
weight of 10kg (22lb). This will include the weight of the stroller, carry
basket and/or car seat.
Each
item in excess of the allowance, or the linear dimensions, will be deemed
excess baggage and will be subject to payment of the prevailing excess baggage
rates published by the Company from time to time. Such excess baggage is
further subject to the restriction below and to space availability and hence
may not be carried on the same service as the Passenger. All baggage, including
excess baggage, is only carried to the airport specified on the Company's
baggage tag. The Passenger is responsible for the collection of his baggage at
the destination airport and any related delivery expenses.
For
Occupational Health & Safety reasons, any single item of baggage which
exceeds 32kg (70lb) in weight, cannot be accepted as passenger baggage and must
be carried as airfreight.
If
the Passenger is travelling with children (occupying seats), the Passenger will
be entitled to two of the following items as additional checked baggage
allowance for each child: stroller, carry basket or car seat.
A
fully collapsible wheelchair and/or a pair of crutches and/or a walking stick
and/or a prosthetic device will be carried in addition to the baggage allowance
set out above if the Passenger is dependent on the item.
For
the above items, the total weight of the checked-in items must not exceed the
stipulated limit or an excess baggage charge will apply.
All
baggage should be locked (where applicable). The Company's liability with
respect to checked baggage is spelt out in Clause 2 above.
Checked
baggage will be delivered to the destination airport for collection by the
bearer of the baggage check receipt or tag. In case of lost or damage to
checked baggage, such bearer may submit a claim in writing to the Company
within 24 hours from the scheduled arrival of the baggage.
The
Company will not be liable for any loss if the Passenger fails to collect any
checked or cabin baggage. If such baggage is not claimed after 90 days after
the flight, it will be deemed to be abandoned and the Company may dispose of it
as the Company sees fit without notifying the Passenger and without any
liability on the Company's part and the Passenger will indemnify the Company
for any cost and/or expense incurred in respect of such disposal.
Total
baggage exceeding 100kg will not be accepted as excess baggage and must be
processed at a cargo outlet at the applicable cargo rate.
6.
CABIN BAGGAGE RULES
Cabin
baggage should not exceed 7kg in total and the total linear dimensions should
not exceed 105cm. The articles listed below may be carried by a Passenger as
cabin baggage over and above the free checked baggage allowance:
-
A lady's
handbag, pocketbook or purse, which is appropriate to normal travelling dress
and is not being used as a container for the transportation of articles which
would otherwise be regarded as baggage;
-
An overcoat,
wrap or blanket;
-
An umbrella or
walking stick;
-
A small camera
and/or a pair of binoculars;
-
A reasonable
amount of reading matter for the flight;
-
Infant's food
for consumption in flight; and
-
A pair of
crutches and/or other prosthetic device for the passenger's use provided that
the passenger is dependent upon them;
-
All other
articles - including overnight bags, briefcases, personal computers, ladies'
vanity cases, large size cameras, small musical instruments such as violins
etc. taken into the cabin as hand baggage are subject to the following
conditions:
one briefcase and one small bag, each not exceeding: depth 23cm (9in), height
34cm (13in), length 48cm; (19in)
or
two small bags, each not exceeding: depth 23cm (9in), height 34cm (13in),
length 48cm (19in).
The
small bag can be substituted for one suit pack or one garment bag, (non-rigid
frame/unfolded), not exceeding: thickness 11cm (4in), width 60cm (24in), length
114cm (45in).
Wheelchairs
and infants' carry baskets (these items may be stowed in the aircraft hold)
Items
which exceed the above allowances must be checked in.
Your
personal medication or prescriptions should not be placed in checked baggage as
they may be offloaded or otherwise not be available when you need them. The
Company shall not be liable for any loss or damage to or delay in delivery of
such items and for any consequential death or personal injury. Please note that
passengers carrying hypodermic needles will need to declare them at the time of
check-in.
Laptop
computers should be carried as cabin baggage to avoid possible damage. The
Passenger is not permitted to carry any sharp objects in his/her cabin baggage
such as nail files, scissors, letter openers, pocket knives, etc. Such items
must be placed in checked baggage only.
7.
GOVERNMENT AND OTHER TAXES AND CHARGES
Your air ticket comprises 3rd party taxes and charges like airport head tax,
security screening charges etc which we collect as a deposit as part of the air
fare. This will be paid on your behalf to the 3rd parties when travel has taken
place. The deposit amount could vary from time to time but currently is at
$30.80 (incl GST) per sector. Regardless of whether your airfare is refundable,
if your ticket expires at the end of one year from date of purchase with
sectors unused, you are entitled to claim a refund of the corresponding
deposit, less a reasonable administration fee currently fixed at $33 (incl GST)
per passenger per booking. All claims must be made within 3 months of
eligibility. Please log on to
http://www.rex.com.au/FeedBack/Default.aspx to claim this refund.
8.
INSURANCE
Personal
and baggage insurance is highly recommended and should be obtained separately.
The Company does not offer travel insurance. Please contact your travel agent
for details.
9.
SMOKING
In
accordance with Civil Aviation Regulations, smoking is not permitted on
Australian domestic flights and in Australian airport terminals.
10.
IN-FLIGHT WELL-BEING
To
ensure the Passenger's well-being in-flight, we recommend that he:
-
consult his
doctor before travel if he has any concerns about any medical condition which
might affect him/her during a flight; and
-
follow the
health advice provided in our in-flight documentation.
11.
FLIGHT SCHEDULES
The
Company reserves the right without notice to substitute any aircraft or other
means of transport either before the departure of the flight or at any
intermediate airport, to alter or omit any advertised stopping place and to
despatch the aircraft before or alter the date or hours advertised or announced
for its departure. The Ticket Terms shall extend to carriage by substituted
aircraft or other means of transport.
The
Company reserves the right at any time to cancel any flight or, whether the
scheduled flight on which the Passenger was booked takes place or not, to
cancel any ticket or booking of the Passenger or to carry the Passenger for a
portion only of any booked flight. The Company shall not under any
circumstances be under any liability to the Passenger for failure to carry him
at the booked or scheduled time, or at all. While the Company will endeavour to
use its best efforts to carry the passenger and baggage with reasonable
dispatch, times of arrival and departure are not guaranteed. The Company
assumes no responsibility for making connections between or with the flights it
offers, the flights of other airlines or any other form of transport.
If,
in the opinion of the Company, an aircraft cannot safely land at an airport,
the Passenger may be landed at an alternative airport and will be entitled to
be returned to the airport of original destination by such means of transport
as the Company, in its absolute discretion, may determine. The Passenger must
bear his own expenses while waiting for his return to the airport of original
destination and the Company shall not be liable for any consequential loss,
damage or expenses of any kind whatsoever arising from such carriage or delay.
12.
PASSENGER CONDUCT
The
Company is not a common carrier, and reserves the right to refuse to carry the
Passenger, or any of the Passenger's baggage or goods without giving any
reason.
The
Passenger shall comply with the Law and with the Ticket Terms and shall be
responsible for any damage or loss occasioned by his failure to do so. The
Passenger shall not take into the aircraft or include in his baggage or goods
any easily ignitable article or offensive thing likely to cause inconvenience
to Passengers or any thing likely to endanger aircraft, passengers or goods.
The Passenger must allow reasonable searches of his person and baggage. The
Passenger shall not, while on board the aircraft, consume any intoxicating
beverage unless it has been sold or otherwise supplied to him on board the
aircraft by the Company. While on board the Passenger must submit to all lawful
instructions of the cabin crew.
The
Passenger may be denied boarding or be required to leave the aircraft or other
means of transport, and may if necessary be physically removed or restrained
if, in the opinion of the Company, the Passenger is:
-
in breach of
the Ticket Terms;
-
a threat to
aviation security or has made threats to aviation security;
-
under the
influence of drugs or alcohol; and
-
behaving in a
disruptive or disorderly manner.
OR
-
if it is
necessary for the safety or comfort of other persons or for the protection of
property.
Threats
to Aviation Security as defined in the Aviation Transport Security Regulations
9.01 2005, including "inappropriate comments" regarding weapons or explosive
devices will result in cancellation of the ticket as well as mandatory
reporting to both Federal and State law enforcement agencies.
13. MEDICAL CONDITION AND OR ALLERGIES
In the case where the Passenger has a medical condition which may require
special care and or attention, including but not limited to allergies to
certain food items, the Passenger must be aware that the Company is unable to
change any of its flight procedures (including but not limited to safety
procedures), conditions, service, food items or otherwise and if the Passenger
still decides to take the flight with the Company, it will be at the sole risk
and responsibility of the Passenger and/or the person who makes the booking for
the Passenger. The Passenger, by taking the flight, and or, the person who
makes the booking on behalf of the Passenger, by so doing, is deemed to have
given the Company the following confirmation, undertaking and indemnity:
1. I confirm that I have full authority to give the Company this confirmation,
undertaking and indemnity.
2. I confirm that I am aware that the Company is unable to change any of its
flight procedures (including but not limited to safety procedures), conditions,
service, food items or otherwise and the flight is at the sole risk and
responsibility of the Passenger and/or, in the case of the Passenger who is a
minor, the parent, guardian and the person who books the flight for the
Passenger.
3. I confirm that the Passenger (in the case of an adult) of his own free will
and being fully aware of the risks involved, has decided to take the flight
with the Company and the Passenger will not hold the Company responsible for
any thing, food allergy, event, activity or otherwise occurring during the
flight which may affect the medical condition of the Passenger.
4. (In the case of the Passenger who is a minor and the booking is made on his
behalf) I confirm that the parent, guardian and I, who are responsible for the
care and well-being of the Passenger, of our own free will and being fully
aware of the risks involved, have decided to let the Passenger take the flight
with the Company and we will not hold the Company responsible for any thing,
food allergy, event, activity or otherwise occurring during the flight which
may affect the medical condition of the Passenger.
5.I confirm that if I have a pre-existing medical condition that may be impacted by the flight, I have sought medical advice before taking the flight and have completed the Medical Certificate for Fitness to Fly.
6. I confirm that I or the travelling passenger will have on hand all medication and medical equipment that I or the travelling passenger may require during the flight.
7. I further confirm that I acknowledge Rex will be unable to provide assistance within the cabin for the administration of medication, consummation of food (except opening packets if required) or toiletry needs apart from assisting passengers to/from the toilet door.
8. AND I UNDERTAKE TO INDEMNIFY THE COMPANY and hold the Company harmless to the fullest extent permitted under the law against all claims, actions, suits, losses, damages, expenses and costs (including legal costs on an indemnity basis), whether in respect of personal injury, death, damage to property or otherwise, that the Company may suffer or incur in respect of or arising from the Passenger taking the flight under the circumstances of this clause.
14. PASSENGERS WITH SPECIAL REQUIREMENTS
Most Special Requirements requests can be made while making your Internet
Booking. If not, you can call the Rex Customer Contact Centre at 13 17 13
to register your request. If you are booking through a travel agent, just
inform the agent of your needs.
Special Requirements require careful coordination and you must read carefully
the Terms and Conditions for Special Requirements prior to making your request.
You are deemed to have accepted our Terms and Conditions for Special Requirements when you make a request for Special Requirements.
15.
OTHERS
The
Passenger indemnifies the Company against any action, proceeding, suit, claim
or demand made against it in connection with a breach by the Passenger of the
Ticket Terms and against liability, loss, damage, cost or expense suffered by
the Company as a consequence.
Any
money received for the Ticket by any agent issuing it is held on trust for the
Company. The Company may arrange with any other person to undertake the
carriage contracted under the Ticket Terms, or services ancillary to it
(including the transportation of the Passenger and his baggage to or from any
airport or taking off or landing place) or any part of them.
The
travel must be completed within 12 months of date of issue of the Ticket and is
not be transferable to any other person. The Company has no obligation to
provide transport or services if the Ticket is not presented, is lost or
stolen.
The
Ticket is valid only for transport or services specified. Any alterations to
the services specified will be strictly subject to the Fare Rules governing the
category of ticket issued and in some instances the ticket may become valueless
and not refundable.
The
Ticket Terms may not be waived or modified by any person.
If
any of these term fails to have all, some or any effect, or causes any other of
these Ticket Terms to fail it shall be read down or severed to the extent
required to preserve the rest of these Ticket Terms.
Wherever
the Ticket is issued the Ticket Terms shall be governed by and construed in
accordance with the Laws in force in New South Wales.
Definitions
:
The
following definitions apply unless the context requires otherwise:
-
"Carriage" is
equivalent to "transportation".
-
"Company" means
Regional Express Holdings Limited (ACN 099 547 270) and includes its officers,
servants, agents, employees and, where applicable, any person with whom the
Company has arranged to undertake the carriage or ancillary services or its
officers. The Company owns the business name and trademarks for "Regional
Express";
-
"Customer
Receipt" mean the document issued confirming receipt of payment and details of
carriage;
-
"Fare Rules"
means the rules as may be imposed by the Company from time to time governing
the use of the Ticket according to the category of Ticket purchased. The Fare
Rules are provided to the Purchaser at the time of booking and are always
available on the Company's website www.rex.com.au
-
"Ticket "means
the e-ticket issued to the Passenger and to which this document relates or with
which this document is enclosed and any baggage check related to it';
-
"Ticket Terms"
means these conditions of contract and terms of carriage and the transport and
services provided pursuant to them and any supplementary terms set out in
timetables, notices on display, boarding pass, advertised fare conditions and
supplementary written or oral instructions of the Company and any other terms
howsoever made applicable;
-
"Law" means each
statute, ordinance, code, or other law from time to time, applicable to the
Company, its operations and this Ticket, including the Warsaw Convention and
any international convention or protocol and all regulations, orders,
instructions and instruments made under any of them;
-
"Passenger"
means to whom the Ticket was issued or the person or persons nominated on a
Ticket as being the passenger using the transport or services specified on the
said Ticket (as the context requires);
-
"Person"
includes a firm, body corporate, an unincorporated association or an authority.
-
"Purchaser"
means the purchaser of a Ticket;
R.O.260/010509
|