Aircraft Charter Agreement

Intention to contract

In purchasing an aircraft charter flight you agree to be bound by the terms and conditions that follow and that may be set out in our marketing literature and on our web site from time to time including our conditions of carriage. Any variation to these terms and conditions must be agreed in advance of purchase and confirmed in writing.

Flight bookings

These may be made by e-mail, telephone, or fax. Once confirmed they may not be changed or cancelled within 48 hours of the scheduled flight. If you fail to attend for your confirmed flight, your deposit may be withheld pending costs incurred in flight planning and aircraft scheduling and you may not be entitled to a full refund.

Flight confirmations

You must telephone us immediately prior to the agreed flight booking time, in accordance with our instructions, to establish that the weather is suitable for the flight to take place.

Fitness to fly

It will be assumed that you are fit and able to fly and have not been advised not to by your usual medical practitioner. You should not fly if you are pregnant. If you are in any doubt about how any condition may affect your ability to fly you must seek appropriate medical advice. We cannot give advice on your fitness to fly under any circumstances. If we have any cause to suspect that you are unfit to fly or you are under the influence of alcohol or drugs we reserve the right to refuse to fly you and your booking will no longer be valid. In all cases, the decision of the Pilot in command at the time will be final.

Weather conditions

Flights take place in acceptable weather conditions. Should the weather change adversely before the flight, or may be likely to change during the course of the flight, we reserve the right to postpone the flight up to the point of take off. Additionally, should the weather conditions change unexpectedly during the course of a flight, we reserve the right to terminate the flight and return to base or land at the nearest convenient location.

Location and Flight Times

The timing of a flight as stated in the brochure, website or otherwise communicated is given as a guide only and shall not be binding on the company. The company reserves the right to reschedule the time or location of any flight at short notice. Some events may be attended by other members of the public, and therefore unavoidable delays may occur. Delays, curtailments and breakdowns are often outside our control and therefore whilst we will endeavor to resolve any immediate issues, we cannot accept responsibility.

Operational limitations

Sometimes, there may be occasions beyond our control which result in a flight being postponed or cancelled. In these circumstances we will inform you as quickly as possible so that you are inconvenienced as little as possible. We cannot be held responsible for any direct of consequential loss which you may incur in these circumstances.

Each flight is subject to a pre-flight weight calculation to ensure maximum all up weight is within the aircraft manufacturers lift parameters. We regret that in the interest of safety and operational requirements we may be unable to fly any person whose declared weight is in excess of 120 kg. In any event weight calculations may limit the number of passengers we are able to take at any one time.

Age limits

We will not be able to fly anyone under the age of 2 weeks and anyone under the age of 16 must be accompanied by a parent, relative or other adult who must agree to accept responsibility for the well being of the child on our standard agreement form.

Acceptance of pilot and crew instructions

You must, at all times, obey the specific instructions of the pilot or crew since these, inevitably, concern flight safety or the general enjoyment of the flight for all passengers. The pilot has absolute authority and responsibility for the flight and will refuse to fly any person who appears unfit to fly or may be likely to be a risk to the safety or enjoyment of the flight by other passengers.

Smoking

No smoking is allowed anywhere near the aircraft, during the flight, or at the landing site, at any time.

Site parking

We cannot accept, under any circumstances, responsibility for loss of or damage to vehicles and any other property belonging to you or for which you may be responsible, at helipad, airport, meeting and landing sites. Any vehicle left parked at any of these sites is left at your own risk.

Price

The price stated on the website and brochures/leaflets or otherwise communicated is correct at the time of going to press or when communicated but the company reserves the right to change prices without notice subject to the Company informing the Customer of the new price at the time of ordering. The price includes GST. Where a particular flight has increased in price since the issue of the customers voucher, the customer may be required to pay a supplement. The company will communicate such supplements to customers, recipients as soon as is practicably possible.

Payment Terms

Charter Aviation requires a deposit of 50 % of the estimated quote, to be paid on booking. The final payment is to be paid on completion of the booked flight.

Non-account holders are required to secure payment of cleared funds by bank transfer, cheque or credit card prior to the flight taking place. In the event that a credit card is used as security for payment, the option to settle within three days of invoice will be granted. Interest on any delayed payment will be charged at 2% interest on the amount overdue, per month or part of a month, compounded monthly.

Credit Card payments

No refund can be made for credit charges made by your credit card or other chosen finance provider, where they are not refunded to us.

You must not carry:

  • Firearms of any type including replicas or toys
  • Explosives such as fireworks, flares, toy gun caps
  • Gases such as camping or compressive gas cylinders tear gas, mace or CS devices
  • Gas powered devices (other than hair curlers) such as culinary blow torches or soldering irons
  • Flammable materials such as petrol, lighter fuel, paint, thinners, non-safety matches, fire lighters
  • Poisons such as weed killers, insecticides
  • Corrosives such as filled car batteries, mercury

Security requirements further restrict the carriage of sharp items, such as knives, in hand baggage. Contact Charter Aviation for further information on these restricted items.

Data Protection rights

By accepting these terms and conditions you hereby consent to us or any company associated with us for processing, both manually and by electronic means, your personal data for the purposes of flight operations, account administration management and marketing.

“Processing” includes obtaining, recording or holding information or data, transferring it to other companies associated with us, or any other statutory, governmental or regulatory body for legitimate purposes including, where relevant, to solicitors and/or other debt collection agencies for debt collection purposes and carrying out operations on the information or data.

We may also contact you or pass your details to other companies associated with us to contact you (including by telephone) with details of any other similar products, promotions, or for related marketing purposes in which we think you may be interested.

You may be assured that we and any company associated with us will treat all personal data and sensitive personal data as confidential and will not process it other than for a legitimate purpose. Steps will be taken to ensure that the information is accurate, kept up to date and not kept for longer than is necessary. Measures will also be taken to safeguard against unauthorized or unlawful processing and accidental loss or destruction or damage to the data.

Interpretation

This agreement will be interpreted and construed in accordance with the Laws of the Queensland and subject to the jurisdiction of the Queensland Courts.

Rights of third parties

No third party to this agreement shall be entitled to any benefit hereunder, other than as provided elsewhere in these terms and conditions.

Limitation of liability

Our liability to you is limited to the actual price paid for your flight and we cannot be held responsible for any indirect or consequential loss which may be suffered by you in the event that we are unable to provide your flight for any reason whatsoever.

Insurance

We carry the appropriate regulatory insurance in respect of any liability we may incur for loss or damage to property or death or injury of any person arising out of and during the course of our flight and general business operations. We will gladly supply further details upon request.

 

Our terms and conditions (the fine print!)

ARTICLES:

1 Definitions of the Expressions used in these Conditions
2 Applicability
3 Tickets
4 Fares, Taxes, Fees and Charges and Currency

5 Reservations

6 Check-in and Boarding

7 Refusal and Limitation of Carriage

8 Baggage

9 Schedules, Delays, Cancellations and Denied Boarding Compensation

10 Refunds of Fares, Taxes, Fees and Charges

11 Conduct aboard Aircraft

12 Arrangements for Additional Services

13 Administrative Formalities

14 Liability for Damage

15 Time Limitation for Claims and Actions

16 Our Regulations

17 Interpretation

18 Choice of Law and Jurisdiction

ARTICLE 1

What Particular Expressions mean in these Conditions

As you read these conditions, please note that:

We, us, our means Charter Aviation Pty. Ltd.

You, your means any person holding a Ticket and/or Sales Voucher and/or Reservation Confirmation who is to be carried or is carried on an aircraft, except members of the crew. (See also the definition for Ticket and for Passenger)

Admin Fee A charge to be levied per passenger per booking, both at our discretion and that of our appointed Agents.

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

Airline Designator Code is the two or three letters or the letter and number which identify particular air carriers

Authorised Agent is a passenger sales agent who we have appointed to represent us in the sale of air transportation on our services

Baggage means your personal property accompanying you on your flight, which unless otherwise specified, consists of your Checked and Unchecked Baggage

Baggage Receipt refers to the part of your Ticket/Flight Confirmation Document/Itinerary which relates 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 Charter Aviation Pty. Ltd.

Carrier’s Regulations are the rules, other than these Conditions of Carriage, published by us and in effect on the date the booking is made which govern the carriage of Passengers and/or Baggage and shall include applicable Tariffs in force; these are available on our Website and at our offices upon request

Checked Baggage this is baggage which we have taken into our custody and for which we have issued a baggage identification tag or a baggage receipt or both and which normally travels in the hold of the aircraft

Check-in Deadline the time limit we have set by which you must have completed the check-in formalities and received your boarding pass

Conditions of Carriage means these General Conditions of Carriage for Passengers and Baggage

Conditions of Contract means those statements contained in or delivered with your Ticket or Flight Confirmation Document/Itinerary or Receipt, identified as such and which incorporate by reference, these Conditions of Carriage and Carriers Regulations.

Confirmation Reference means the unique reference we assign to you to identify the booking you have made which has been confirmed by us

Convention means whichever of the following apply

# The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (referred to below as the Warsaw Convention)
# The Warsaw Convention as amended at The Hague on 28 September 1955
# The Warsaw Convention as amended by Additional Protocol No. I of Montreal (1975)
# The Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975)
# The Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975)
# The Guadalajara Supplementary Convention (1961)
# The Montreal Convention (1999)

Coupon means a paper flight coupon or an electronic coupon, each of which entitles the passenger named on it to travel on the particular flight identified on it

Damage this includes death of, wounding of, or bodily injury to a passenger. It also includes loss, partial loss, and theft of, or other damage to 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. For the purpose of sending notices, we will not count the day on which notice is sent. For the purposes of deciding whether a Ticket is valid, we will not count the day on which the Ticket was issued, or the first flight began

Electronic Coupon is a flight coupon for an Electronic Ticket held in our computer database

Electronic Ticket is a Flight Confirmation Document/Itinerary and/or receipt, Electronic Coupons and any boarding document we have issued to you

Events Beyond Your Control are unusual and unforeseeable circumstances which you cannot control and the consequences of which you could not have avoided even if you had taken all due care

Flight Coupon is the part of your Ticket which has the words “Good for Passage” printed on it. In the case of an Electronic Ticket, it means the Electronic Coupon. The flight coupon shows the places of departure and destination between which you are entitled to be carried

Involuntary Fare Refund means a refund, under article 10.2, of the fare for your Ticket

Itinerary and Receipt means a document or documents we or our authorised agents issue on paper, by fax, by E-mail, or deliver electronically to passengers travelling with Electronic Tickets. It contains the passenger’s name, flight information and a receipt

Limited Release means entirely at your own risk for loss, damage or delay

Passenger means any person holding a Ticket who is carried, or is to be carried, on an aircraft, except members of the crew. (See also the definition for you, your)

Passenger Coupon is the part of your Ticket which is marked as such

SDR is a Special Drawing Right as defined by the International Monetary Fund

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 related Conditions of Carriage of an airline which have been filed, where required, with the appropriate authorities

Ticket means either a document called a “Passenger Ticket and Baggage Receipt” or an Electronic Ticket and/or Confirmation Reference, which we or our Authorised Agents have issued and/or assigned to you and the Boarding Pass issued at check-in.

Unaccompanied Minor refers to a child aged between 5 years and 11 years of age inclusive travelling alone

Unchecked Baggage means your baggage other than your Checked Baggage. Unchecked Baggage is normally carried with you on to the aircraft

Validity Period is the period for which your Ticket is valid

Voluntary Fare Refund is a refund, under clause 10.3 of the fare for your Ticket

Website means Charter Aviation Pty. Ltd. internet site www.regionalair.com.au

ARTICLE 2
Applicability

2.1 General

Except as provided in paragraphs 2.2, 2.4 and 2.5 these Conditions of Carriage apply to all flights we operate and any liability we may have in relation to that carriage by air. The Terms and Conditions contained within the Ticket/Flight Itinerary or Receipt shall form part of these Conditions of Carriage.

2.2 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 in the Charter Agreement or the Ticket.

2.3 Overriding Law

These Conditions of Carriage are applicable unless they are inconsistent with any Tariffs or laws which apply to your Contract of Carriage with us in which event such Tariffs or laws will apply.

2.4 Conditions Prevail over Regulations

Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and our Carrier’s Regulations, these Conditions of Carriage will apply.

2.5 Validity of Conditions

If one of these Conditions of Carriage is invalid, the other Conditions will remain valid.

ARTICLE 3
Tickets

3.1 General

The Ticket, these Conditions of Carriage and our Carrier’s Regulations (including applicable Tariffs) together constitute the terms and conditions of the Contract of Carriage between you and us.

These Conditions of Carriage and our Carrier’s Regulations can be found and are accessible in full on our Website and copies may be obtained on request in writing from our office at the address provided at the end of these Conditions of Carriage.

We will only provide carriage to the Passenger named in the Ticket who presents valid confirmation, duly issued by us in respect of that person for the flight. You will also be required to produce positive photographic identification identifying you as the passenger named in the booking and valid travel documentation in the form of passport and any visa or other documentation required to satisfy the relevant authorities for the journey you are undertaking.

You should choose the fare which best suits your needs and we would strongly recommend that you ensure you have an appropriate level of insurance to cover instances where you are unable to use your Ticket.

3.2 Changes to Tickets

The Ticket you have purchased is valid for transportation only as shown on the Ticket for the Passenger named, from the place of departure to the final destination on the date and flight number shown.

If you wish to change your flight or the Passenger to be carried, subject to applicable ticket conditions, you must contact us in advance. All permitted changes must be made at least 3 hours before the minimum check-in time of the flight; such changes may only be made by the passenger named in the booking and/or the person who made the original booking. Any additional fare due, in accordance with our Carrier’s Regulations and Tariffs and any applicable administration fee will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. Detailed rules relating to fares and changes to Tickets are available from our offices upon written request.

We shall not be liable to any person entitled to be carried by us or for any refund in connection with a proposed flight if, in good faith, we provide carriage to a person purporting to be entitled to carriage or make any refund to the person entitled in accordance with Article 10

3.3 Package Travel, Package Holidays and Package Tour Regulations

Your right to transfer your booking to another passenger where the Package Travel, Package Holidays and Package Tour Regulations apply.

If the Ticket has been issued as part of a package to which The Package Travel, Package Holidays and Package Tours Regulations 1992 SI 1992/3288 as amended (the Regulations) apply and you want to transfer your booking under regulation 10 of the Regulations, we or our authorised agents will issue a new Ticket provided that you:

i) Prove to us or our Authorised Agents that you have satisfied the requirements of regulation 10 and are entitled to transfer the booking;

ii) Give us or our Authorised Agents reasonable notice of your intention to transfer the booking before your date of departure;

iii) Give us or our Authorised Agents the full name, address and contact number of the person to whom you want the new ticket to be issued;

iv) You deliver the Ticket to us or our Authorised Agents; and you pay us or our Authorised Agents a reasonable administration fee for issuing the new Ticket.

3.4 Validity

Unless it says differently on the Ticket, in these Conditions of Carriage, or in any Tariffs which apply, a Ticket is valid for six months from the date of issue or six months from the date you first travelled using the Ticket, providing your first flight took place within six months of the Ticket issue.

If, because we were unable to confirm your reservation at the time you asked for it, you are prevented from travelling within the validity period of the Ticket, we will extend the validity period of the Ticket or provide you with a voluntary fare refund.

3.4.1 If, after beginning your journey you become ill and your illness prevents you from travelling on your next flight within the validity period of your Ticket; and you want us to extend the validity period so that you can continue your journey; you must provide us with a medical certificate. The certificate must state the facts relating to your illness and confirm it is not related to an existing medical condition and the date you will be fit to travel again (“the recovery date”).

When we receive the certificate, we may decide to extend the validity period until either the recovery date, providing there is a seat available on the relevant flight in the class of service for which you have paid the fare or, if not, the first date after the recovery date when a seat is available, plus any applicable admin fee.

3.4.2 If a passenger dies during their journey and other passengers are travelling in the same party as the dead passenger we may decide not to enforce any minimum stay conditions which apply to the Tickets of members of the party or to extend the validity period of their Tickets or both

3.4.3 If a member of your immediate family dies and you have supplied us with a copy of the death certificate, we may decide to change your Tickets and those of your immediate family travelling with you by extending the validity period of the Tickets. We will not extend the validity period of the Tickets for more than 45 days after the date of death.

3.4.4 Tickets purchased on our flights are non refundable. All travelers are recommended to take out travel insurance. If you are prevented from travelling, passengers are advised to contact their travel insurance company. To assist any claim, upon written request and for an admin fee, we can provide a letter stating that Charter Aviation Pty. Ltd. is a non refundable airline.

3.5 Our Name and Address on Tickets

Our name may be abbreviated to our Airline Designator Code or otherwise on any of our documents of carriage or on the Website. Our Registered Office address is Charter Aviation Pty. Ltd., 66 Bourke St, Blacks Beach QLD 4740. Please see our Website for more details of how to contact us.

ARTICLE 4
Fares, Taxes, Fees and Charges and Currency

4.1 Fares

Fares apply only for carriage from the airport or private location at the point of origin to the airport or private location at the point of destination, unless we state otherwise. Fares do not include ground transport services between airports and between airports and town terminals. Fares will be calculated in accordance with our Tariff in effect on the date you pay for it. The fare will be for travel on the specific dates and itinerary shown on it. If you wish to change your itinerary or dates of travel, this may increase the fare. On-line fares are not available through our Call Centre and Sales Desks.

4.2 Taxes, Fees and Charges

You must pay any Taxes, Fees and Charges imposed on us by Government or other authority, including the operator of an airport for which we are obliged to collect from you or pay in respect of you and your flight. When you buy your Ticket, we will tell you about any Taxes, Fees and Charges not included in the fare and they will normally be shown separately on the Ticket. Taxes, Fees and Charges change constantly and can be imposed or altered after the date we have issued your Ticket. If they change or if a new Tax, Fee or Charge is imposed after we have issued your Ticket, you will have to pay us any increase. Similarly, if any Taxes, Fees or Charges you pay to us when we issue the Ticket are then abolished or reduced, you will be entitled to claim a refund from us. If you do not use your Ticket, you will be entitled to claim a refund of any Taxes, Fees and Charges which you have paid, less any admin fee charge that we or our Authorised Agents make.

4.3 Currency

You must pay the fare and any Taxes, Fees and Charges in the currency of the country in which the Ticket is issued, unless we or our Authorised Agents say you must use another currency at or before the time you pay. We may decide to accept payment in another currency.

4.4 Administration Charges

We reserve the right to charge a reasonable administration fee for auxiliary services, not included in the price of the Ticket, including but not limited to requests for personal data pursuant to Article 5 and duplicate receipts.

ARTICLE 5
Reservations

5.1 General

We will record your reservations in our computer system. If you ask, we or our Authorised Agents will give you written confirmation of your reservation in the case of a telephone reservation. In the case of internet bookings through our Website, a unique booking reference number, the Confirmation Reference, will be displayed along with the booking confirmation details on the screen upon completion of the transaction. You should print a copy of this for your records as you will be required to quote the Confirmation Reference at the time of check-in.

A reservation is not made or confirmed until you have received a Confirmation Reference and payment has been received by us.

Some fares have conditions which limit or exclude your right to change reservations. See Article 3.2 and Carrier’s Regulations.

5.2 Time Limits for Payment of the Fare

Fares plus all Taxes, Fees and other Charges must be paid in full when a confirmed reservation is made. If such sums have not been paid in full or your credit/debit card is declined we may cancel the reservation at any time without liability.

5.3 Personal Information

You recognise that your personal data has been given to us and that we may use the personal information you have provided, including information about how you use our services and facilities (“your personal information”), for the purposes of: making a reservation and issuing a Ticket; providing you with your transportation and any related services and facilities; accounting, billing and auditing; checking credit or other payment cards; immigration, customs and entry procedures; security, administrative and legal purposes; statistical analysis; ensuring our compliance with legal and regulatory obligations applicable to us; operating frequent flyer programmes; systems testing, maintenance and development; customer relations; helping us in any future dealings with you; and direct marketing and market research (in which case and unless required by law to obtain your specific consent to the use of your personal data for any particular marketing purpose, you will be given the opportunity to “opt out”).

For these purposes you authorise us to retain and use your personal information and to transmit it to our own offices; carriers and other companies involved in providing your transportation or related services and facilities; data processors working for us; our Authorised Agents; government and enforcement agencies; and credit and other payment card companies.

5.4 Seating

We cannot guarantee that you will be able to sit in any particular seat. We will try to honour advance seating requests. We reserve the right to assign or reassign seats at any time, even after you have boarded the aircraft, as we may need to do this for operational, safety or security reasons.

5.5 Connections

Our flights are not intended for use in connecting with flights of other carriers. Any connections are made at your own risk and if you have an onward flight you will have to check in with your baggage for each portion of your journey.

5.6 Aircraft

For your carriage we will try to provide the aircraft specified in our timetable or specified to you at the time of issue of your ticket, however, we cannot guarantee any particular aircraft type and we reserve the right to substitute a different aircraft type. This may be necessary for operational, safety or security reasons or because of unusual or unforseen circumstances beyond our control. There may be occasions when it is necessary for us to temporarily supplement our fleet with aircraft operated for our benefit by another airline. Whenever another carrier operates your flight, the expressions to we, our and us will also apply to such carrier.

ARTICLE 6
Check-in and Boarding

6.1 Check-in Deadlines

You must check-in by the check-in deadline. Check-in deadlines vary and your journey will be smoother if you allow plenty of time to check in. Please find out the check-in deadlines for your flights before you travel and keep to them. If you do not complete the check-in process by the check-in deadline we may cancel your reservation and not carry you. Also and at our discretion, or that of our Authorised Agents, you may not be entitled to any refund of the fare paid either by yourself or on your behalf by a third party. By completing the check-in process we mean that you have received your boarding pass for your flight.

6.2 Boarding Gate Deadlines

You must be present at the boarding gate not later than the time we give you when you check in. We may decide not to carry you if you fail to arrive at the boarding gate on time.

We will not be liable to you for any loss or expense you suffer if you fail to meet check-in deadlines or fail to be at the boarding gate on time.

6.3 Administration

You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries to be flown from, into or over and with our Carrier’s Regulations and instructions given by us relating thereto. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements or instructions.

ARTICLE 7
Refusal and Limitation of Carriage

7.1 Pre-Notified Right to Refuse Carriage

In the reasonable exercise of our discretion, we may refuse to carry you or your baggage if we have notified you in writing that we would not at any time after the date of such a notice carry you on our flights. In this circumstance you will be entitled to a refund of the fare you have paid, plus any Taxes, Fees and Charges, less any reasonable administration charge we may apply.

7.2 Right to Refuse Carriage

We may refuse to carry you or your Baggage, without refund, if one or more of the following has occurred or we reasonably believe may occur:

7.2.1 If the carriage of you or your Baggage may endanger or affect the safety of the aircraft or the safety, health or materially affect the comfort of other passengers or crew;

7.2.2 If you are drunk or under the influence of drink or drugs or if you are, or we reasonably believe you are, in unlawful possession of drugs;

7.2.3 lf your mental or physical state is a danger or risk to you, the aircraft or any person in it;

7.2.4 If you have refused to allow a security check to be carried out on you or your Baggage;

7.2.5 If you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security and/or used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft;

7.2.6 If you have behaved in a threatening, abusive, insulting or disorderly way towards a member of our ground staff or a member of the crew of the aircraft;

7.2.7 If you have deliberately interfered with a member of the crew of the aircraft carrying out their duties;

7.2.8 If you have put the safety of either the aircraft or any person in it in danger;

7.2.9 If you have made a hoax threat relating to bombs, biological or chemical weapons;

7.2.10 If you have committed a criminal offence during the check-in or boarding processes or on board the aircraft;

7.2.11 If you have not, or do not appear to have, valid travel documents; if you try to enter a country for which your travel documents are not valid; destroy your travel documents during the flight, refuse to surrender your travel documents to a member of the crew, against receipt, when so requested or refuse to allow us to photo copy your travel documents;

7.2.12 If you ask the relevant government authorities for permission to enter a country in which you have landed as a transit passenger; if carrying you would break government laws, regulations, or orders; if you have refused to give us information which a government authority has asked us to provide about you.

7.2.13 If you have not presented a valid Ticket;

If you have not paid the fare (including any Taxes, Fees or Charges) for your journey;

If you have presented a Ticket acquired illegally;

If you have presented a Ticket which you did not buy from us or our Authorised Agents;

If you have presented a Ticket which was not issued by us or our Authorised Agents;

If you have presented a Ticket which has been reported as being lost or stolen;

If you have presented a counterfeit Ticket;

If you have presented a Ticket with an alteration made neither by us nor our Authorised Agents;

If you have presented a spoiled, torn or damaged Ticket or a Ticket which has been tampered with.

7.2.14 If you cannot prove you are the person named in the Ticket when presenting for check-in or boarding. We reserve the right to retain such Ticket in these circumstances.

7.2.15 If you have changed your transportation without our agreement as set out in Article 3.2 and our Carrier’s Regulations.

7.2.16 If you have failed to present your Ticket or your Boarding Pass or your travel documents to us when reasonably asked to do so; if you have failed to complete the check-in process by the check-in deadline; if you have failed to arrive at the boarding gate on time.

7.2.17 If you have behaved in a way mentioned above on or in connection with aprevious flight and we believe you may repeat this behaviour.

7.3 Special Assistance

If you are a disabled person or have limited mobility or a special need and you have told us or our Authorised Agents that you have special needs, such as a wheelchair, or that you need special help and you have asked us or our Authorised Agents to provide this; and we or our Authorised Agents have agreed, before you check in, to provide for your special needs and/or give you special help, we will not then refuse to carry you because of your disability, limited mobility or special needs.

We may decide not to carry pregnant women; passengers who are ill, or passengers who are disabled, have limited mobility or need special help if arrangements to carry them have not been made at the time of booking. See Carriers Regulations.

7.4 Fitness to Travel and Fly

 

Prior to booking and boarding the aircraft for carriage you must be reasonably satisfied that you are medically fit to travel and fly. Whenever you are aware of a health condition you are obliged to seek professional medical advice before flying with us. It is your responsibility to ensure that all such precautions are in fact taken before, during and after your flight. We will not be obliged to amend bookings in the event that you are unable to travel due to a history related medical condition. See Articles 3.1 and 3.4

ARTICLE 8
Baggage

8.1 Free Baggage Allowance

You may carry some of your baggage free of charge. Your free baggage allowance may be carried as specified and is subject to the conditions and limitations contained in our Carrier’s Regulations.

8.2 Excess Baggage

The acceptance and carriage of Excess Baggage is at our discretion and you will be required to pay a charge for the carriage of baggage over your free baggage allowance. Outsize baggage, including but not limited to pushchairs, travel cots, car seats, wheelchairs, bicycles and sporting equipment may be carried on a limited release basis. No single item of baggage may weigh more than 32kg. Details of the applicable Excess Baggage rates are available by contacting us on 1300 359 734.

8.3 Items Unacceptable as Baggage

You must not include in your baggage items which do not constitute baggage as defined in Article 1 of these Conditions of Carriage.

8.3.1 You must not carry the following in your baggage (whether as Checked Baggage or Unchecked Baggage):

# Those items you are forbidden from carrying by law.
# Items you are forbidden from carrying by our Carrier’s Regulations.
# Any item likely to put the aircraft or people or property on board the aircraft in danger. These include the items shown 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”.
# Items which we reasonably consider unsuitable for carriage because they are dangerous, unsafe, too heavy, too big, fragile or perishable or because of their shape or character. In deciding if items are unsuitable for carriage, we will take account of the type of aircraft being used.
If we discover that you are carrying forbidden items, we will refuse to carry them. Please ask us for information about forbidden items if you need it. We may at our discretion accept as checked baggage workmens tools on a limited release basis, but they will not be permitted in the cabin of the aircraft.

8.3.2 Firearms

If you want to travel with firearms and ammunition (sporting guns), you must obtain our permission in advance. If you do not, we may decide not to carry them. All firearms and ammunition must be carried as Checked Baggage and we will not allow you to take them into the aircraft cabin. All firearms carried as Checked Baggage must be unloaded, have the safety catch on and be suitably packed.

Carrying firearms and ammunition is covered by the lCAO Technical Instruction and IATA Regulations referred to above. You must make sure that you have all the documents you need for firearms and ammunition. If you do not, we may decide not to carry them.

8.3.3 Dangerous Item

You must not take any item into the aircraft cabin if we tell you that we reasonably believe that its presence there would affect the safety and security of the aircraft or any person in it.

You must not take antique, toy or replica guns into the aircraft cabin. You must not take swords, knives, archery bows, arrows or similar weapons into the aircraft cabin. We may either tell you to check in these items as Checked Baggage or refuse to carry them altogether.

8.3.4 Fragile, Perishable and Valuable Items

You must not include in your Checked Baggage fragile or perishable items or items of special value including but not limited to:

# money;
# jewellery;
# precious metals;
# medication which may be required during the journey;
# computers;
# keys;
# personal electronic devices;
# share certificates, bonds and other valuable documents;
# business documents; or
# passports and other identification documents
# alcohol and cigarettes.
We are not responsible for loss of or damage to forbidden items. If, despite the fact that an item is forbidden under Article 8, you include it in your baggage, we will not be responsible for any loss or damage caused to it.

8.3.5 Right to Refuse Baggage

We may refuse to carry as baggage such items described in Article 8 that are prohibited from carriage as baggage and may refuse further carriage of any such items on discovery. We may refuse to carry as baggage any item because of its size, shape, weight or character. We may refuse to accept baggage for carriage if we reasonably believe that it is not properly and securely packed in suitable containers to ensure safe carriage with ordinary care in handling.

8.4 Right to Search

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. If a search or screening causes damage to you, or a search, screening or x-ray causes damage to your baggage, we will not be liable for the damage unless it was caused by our negligence or fault.

8.5 Checked Baggage

Checked Baggage must have your name or other personal identification securely affixed to it. You must ensure that your baggage is sufficiently robust and secure to withstand the normal rigours of travel by air. Your baggage must be properly locked and we will not be responsible for any loss to contents unless such loss is due to our fault/negligence. When you check in your Checked Baggage, we will give you a Baggage Identification Tag for each piece. We will carry your Checked Baggage, whenever possible, on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on another flight. If we carry your Checked Baggage on another flight we will deliver it to you, unless the law says you must be present for customs clearance.

8.6 Unchecked Baggage

We set maximum dimensions and weights for Unchecked Baggage, which must also fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Unchecked Baggage exceeds the maximum dimensions or weights or does not fit under the seat in front of you or in an enclosed storage compartment or we decide it is not safe, you must check it in as Checked Baggage. Or we may make arrangements with you to take such items from you at the aircraft entrance, returning them to you when disembarking. Laptop computers should always be taken as unchecked baggage and be removed from any baggage and taken onboard, to be stowed under a single seat in front.

See Carrier Regulations for Baggage.

8.6.1 If you have an item of baggage (such as a musical instrument) larger or heavier than the maximum dimensions and weight for Unchecked Baggage but unsuitable to be carried as Checked Baggage, we will only accept this for carriage if you have given us notice in advance and permission has been granted by us in writing. The cost of such items may be charged for separately.

8.7 Collection and Delivery of Checked Baggage

Subject to Article 8.5.1, you must collect your Checked Baggage as soon as we have made it available at your place of destination. If you do not collect it within a reasonable time, we may charge you a storage fee. If you do not claim your Checked Baggage within three months from the date we make it available, we may dispose of it without any liability to you.

8.7.1 Only the person with the Baggage Identification Tag, and, if one has been issued, the Baggage Receipt, is entitled to delivery of the Checked Baggage.

8.7.2 If a person claiming a piece of Checked Baggage cannot produce the Baggage Identification Tag and, if one has been issued, the Baggage Receipt, we will deliver the baggage to them only on condition that they can establish to our satisfaction that the baggage is theirs and if required by us, such person shall provide us with adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery.

8.7.3 lf the person with a Baggage Receipt or a Baggage Identification Tag receives Checked Baggage without complaint, this will be sufficient evidence that the Checked Baggage has been delivered in good condition and according to the Contract of Carriage, unless you prove otherwise.

8.8 Animals

Except as provided below, we will not accept animals for carriage.

8.8.1 We will carry Guide Dogs accompanying sight/hearing impaired passengers free of charge, together with containers and food, in addition to the normal free baggage allowance on services, subject to aircraft safety, space and capacity.

Acceptance for carriage of the above animals is subject to the condition that the Passenger assumes full responsibility for such animal. We shall not be liable for injury to or loss, delay, sickness or death of such an animal unless caused by our fault or negligence.

8.9 Human Remains

Human remains will not be accepted for carriage on any route. However, the carriage of human ashes is accepted subject to our Carrier’s Regulations.

8.10 Items Removed from Passengers by Security Personnel

We will not be responsible for, nor have any liability in respect of, items removed from passengers’ baggage by airport security personnel acting in accordance with international or government authority, 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.

ARTICLE 9
Schedules, Delays & Cancellations & Denied Boarding Compensation

The flight times shown in our timetables may change between the date of publication and the date you actually travel. We do not guarantee these flight times to you and they do not form part of your Contract of Carriage with us.

Before we accept your booking, we will tell you the scheduled departure time of your flight in effect as of that time, and it will be shown on your Ticket or Flight Confirmation Document/Itinerary and/or Receipt. It is possible that we may need to change the scheduled departure time of your flight after you have received your Ticket. If you provide us with contact information, we will endeavour to notify you of any such changes.

9.1.1 If after you buy your Ticket we make a significant change to the scheduled departure time of your flight and you find this change unacceptable and we cannot book you on another flight which you are prepared to accept you will be entitled to an involuntary refund of your fare.

9.1.2 Delays and Cancellations

At any time after a reservation has been made we may change our schedules and/or cancel, terminate, divert, postpone or delay any flight for operational, safety or security reasons or because of unusual or unforeseen circumstances beyond our control. Upon the occurrence of any such events, the options detailed are the sole and exclusive remedies to you and we shall have no further liability to you, except as provided by the Warsaw or Montreal Convention or EC Regulations.

We will take all reasonably necessary measures to avoid delay in carrying you and your baggage:

? In the event of a cancellation we will make a refund in accordance with Article 10 subject to any other options you may accept as stated in our Carrier’s Regulations;

? In the event of a diversion we will arrange for you to be carried (at our expense) to the Agreed Stopping Place or place of destination to which the flight was intended to be bound;

? In the event of a delay or disruption to our published schedule we will apply the procedures set out in our Carrier’s Regulations.

9.1.3 Denied Boarding Compensation

If you are denied boarding on an overbooked scheduled flight for which you have both a valid Ticket and a confirmed reservation, we will pay you compensation and provide extra services either as required by any law which may apply or as set out in our denied boarding compensation policy as stated in our Carrier Regulations.

ARTICLE 10
Refunds of Fares and Taxes, Fees and Charges

10.1 General

If we fail to provide carriage in accordance with the Contract of Carriage or where a refund is payable in accordance with these Conditions of Carriage or our Carrier’s Regulations, refund of the fare for your Ticket, or any unused part of it, and any taxes, fees and charges, as applicable shall be made by us in accordance with this Article and with our fare rules and Tariffs and our Carrier’s Regulations. Applicable taxes, fees and charges paid at the time of issue of your Ticket will be included in fare refunds where appropriate.

If after having made a reservation you do not fly with us, whether or not a refund of the fare is payable you will be entitled to claim a refund of any taxes, fees and charges paid by you which as a consequence we have no obligation to pay to any Government or other authority. We reserve the right to deduct a reasonable administration fee from any such refund where you fail to fly with us despite a flight being available.

Unless we say otherwise, we will only make a refund either to the person named on the Ticket or to the person who paid for the Ticket. If you want a refund you must prove to us that you are the person named on the Ticket or, if this applies, the person who paid for the Ticket.

If a Ticket has been paid for by someone other than the passenger named on it and it says that there is a restriction on refund, we will only make the refund to the person who paid for the Ticket.

Unless you are applying for a refund on a lost Ticket, we will only make the refund if you first give us the Ticket and all unused flight coupons.

10.2 Involuntary Fare Refunds

If we cancel a flight or fail to stop at your destination and no alternative flight is available, or we have refused to carry you in accordance with Article 7.1 or if a refund is otherwise due to you under these Conditions of Carriage, the amount of the refund shall be:

* if you have not used any part of the Ticket, the refund will be equal to the fare and any taxes, fees and charges you have paid.

* if you have used part of the Ticket, the refund will be equal to at least the difference between the fare and any taxes, fees and charges you have paid and the fare and any Ticket.

10.3 Voluntary Fare Refunds

If you are entitled to a refund of the fare for your Ticket for reasons other than those set out in Article10.2, the amount of the refund shall be:

* if you have not used part of the Ticket, the refund will be equal to the fare and taxes, fees and charges you have paid, less any cancellation and reasonable administration fees.

* if you have used part of the ticket, the refund will be equal to at least the difference between the fare and taxes, fees and charges you have paid and the fare and any taxes, fees and charges for travel between the points for which you have used the Ticket, less any cancellation and reasonable administration fees.

10.4 Our Right to Refuse a Fare Refund

We may decide to refuse to give you a refund if you apply for it after the end of the validity period for the Ticket purchased.

We may decide to refuse to give you a refund if, when you arrived in a country, you presented your Ticket to us or to government officials as evidence of your intention to leave that country, unless you can prove to us that you have permission to stay in the country or you will be leaving the country on another airline or on another form of transport.

10.5 Currency

We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket.

ARTICLE 11
Conduct Aboard Aircraft

11.1 Unacceptable Behaviour

If, while you are on board the aircraft, we reasonably believe that you have put the aircraft, or any person in it, in danger; deliberately interfered with the crew in carrying out their duties; failed to obey the instructions of the crew relating to safety or security; failed to obey the seat-belt or no-smoking signs; committed a criminal offence; allowed your physical or mental state to become affected by drink or drugs; failed to obey the crew’s instructions relating to drink or drugs; made a hoax bomb threat; threatened, abused or insulted the crew or other passengers or behaved in a threatening, abusive, insulting or disorderly way towards the crew or other passengers or behaved in a way which causes discomfort, inconvenience, damage or injury to the crew or other passengers, or in any other way behaved in breach of any law, regulation or statute, we may take any measures we think reasonable to prevent you continuing your behaviour, including restraint.

When the aircraft lands, we may decide to make you leave the aircraft; refuse to carry you on the remaining sectors of the journey shown on your Ticket; and report the incident on board the aircraft to the relevant authorities with a view to them prosecuting you for any criminal offences you might have committed.

11.2 Diversion Costs Caused by Unacceptable Behaviour

If, as a result of your behaviour, we divert the aircraft to an unscheduled place of destination and make you leave the aircraft, you must pay us the reasonable and proper costs of the diversion.

11.3 Electronic Devices

For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, mobile telephones; Iaptop computers; personal recorders; personal radios; MP3, cassette and CD players; electronic games or transmitting devices (for example, radio-controlled toys and walkie-talkies). You must not use these items when we have told you that they are not allowed.

The use of hearing aids and heart pacemakers is permitted.

ARTICLE 12
Arrangements for Additional Services

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 will apply and we shall have no liability to you except for negligence on our part in making such arrangements.

ARTICLE 13
Administrative Formalities

13.1 Travel Documents

Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.

13.2 Refusal of Entry

If you are refused entry to a country, you must pay any fine, penalty or charge imposed on us by the government concerned; any detention costs we are charged; the fare for transporting you back to your place of departure; and any other costs we reasonably pay or agree to pay.

We will not refund to you the fare for carrying you to the place where you were denied entry.

13.3 Passenger Responsible for Fines, Detention Costs etc

You must repay us fines, detention costs and other charges. If we have to pay any fine, penalty, fee, charge or costs (such as detention costs) because you have failed to obey any laws or regulations, or other travel requirements of the country to which you have travelled to or to produce the necessary documents needed by that country, you must repay us the amount we have paid as a result. We may take this amount from the value of any unused part of your Ticket, or any of your money we have in our possession.

13.4 Customs Inspection

If necessary, you must be present when your baggage is inspected by customs or other Government officials. We will not be liable to you for any damage you suffer in the course of an inspection or because you are not present.

13.5 Security Screening

You must allow government officials, airport officials, or us to carry out security screening of you or your baggage.

ARTICLE 14
Liability for Damage

14.1 Applicability

The liability of each carrier involved in your journey will be determined by its own conditions of carriage. Our liability provisions are as follows:

14.2 Applicable Rules

The rules applicable to our liability shall be as provided by:

The Convention, to the extent it applies; and EC Regulation 2027/97 as amended by EC Regulation 889/2002 (when such amendment is effective); and

To the extent not inconsistent with the above, applicable national law.

14.3 Death of or Injury to Passengers

14.3.1 There shall be no artificial limit to the amount of our liability for death, wounding or bodily injury suffered by a Passenger in the event of an accident on board the aircraft or in the course of embarking or disembarking.

14.3.2 For any damages up to the sum of the equivalent of 100,000 Special Drawing Rights, 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 us or our agents to take such measures.

14.3.3 Above the level of 100,000 Special Drawing Rights we shall be entitled to the defences available under the Convention.

14.3.4 Notwithstanding the provisions of Article 14.3.2, 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 our liability in accordance with applicable law.

14.3.5 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 proportionate to the hardship suffered. Such payment shall be of an amount not less than the equivalent of 15,000 Special Drawing Rights (or 16,000 when EC Regulation 889/2002 has come into effect) per Passenger in the event of death.

14.3.6 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 described in Article 14.3.4 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.

14.3.7 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.

14.4 Baggage

14.4.1 Except in the case of an act or omission done with intent to cause damage or recklessly and with knowledge that damage would probably result, our liability in the case of damage to Baggage shall be limited as provided by the Convention:

where the Warsaw Convention applies, the limit will normally be 17 Special Drawing Rights per kilo for Checked Baggage and 332 Special Drawing Rights for Unchecked Baggage;

where the Montreal Convention applies, the limit will be 1,000 Special Drawing Rights per Passenger (for both Checked and Unchecked Baggage);

provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. If the weight of your Checked 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.

14.4.2 We will not be liable for damage to Unchecked Baggage unless such damage is caused by our negligence.

14.4.3 We are not liable for any damage caused by your Baggage. You shall be responsible for any damage caused by your Baggage to other persons or property, including our property.

14.4.4 We shall have no liability whatsoever for damage to articles not permitted to be contained in Checked Baggage under Article 8.3, including but not limited to fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.

14.5 General

14.5.1 We are not liable for any damage arising from our compliance with or your failure to comply with applicable laws or Government rules and regulations.

14.5.2 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.

14.5.3 The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our authorised agents, servants, employees and representatives to the same extent as it and they apply to us. The total amount recoverable from us and from such authorised agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.

14.5.4 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.

14.5.5 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.

ARTICLE 15
Time Limitation for Claims and Actions

15.1 Notice of Claims

15.1.1 If your Checked Baggage is damaged (including partial loss) you must advise us in writing immediately you discover the damage and, at the latest, within (7) seven days from the date you received the Checked Baggage.

15.1.2 If your Checked Baggage is delayed, you must advise us in writing within (21) twenty-one days at the latest of the Checked Baggage being made available to you.

15.2 Limitation of Actions

You will have no right to damages if an action is not brought within two years calculated from the date of arrival at the place of destination; the date on which the aircraft ought to have arrived; or the date on which the carriage stopped. The method of calculating the period of limitation will be determined by the law of the court where the case is heard.

15.3 Modification and Waiver

None of our Authorised Agents, servants, employees or representatives has authority to alter, modify or waive any provision of these Conditions of Carriage.

ARTICLE 16
Our Regulations

Carriage of you and your baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations as varied from time to time are important and concern among other things:

# unaccompanied minors;
# passengers with limited mobility;
# pregnant women and sick passengers;
# carriage of animals;
# forbidden items in baggage;
# restrictions on using electronic devices on board the aircraft;
# smoking and drinking alcohol on board the aircraft; and
# limits on the measurements, size and weight of baggage.

Further details on these regulations and conditions are available on our Website or upon request.

ARTICLE 17
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 18
Choice of Law and Jurisdiction

Unless otherwise provided by the Convention or any applicable law, regulations, orders or requirements:

i) These Conditions of Carriage and any carriage that we agree to provide to you (whether relating to yourself and/or your baggage) shall be governed by the laws of Queensland; and ii) Any dispute between us concerning or arising out of such carriage in any way whatsoever shall be subject to the non-exclusive jurisdiction of the Courts of Queensland.

Name and Address of Carrier

Charter Aviation Pty. Ltd.
14 Mike Jones St,

Mackay Airport QLD 4740

CARRIER’S REGULATIONS

All travel remains subject to Charter Aviation Pty. Ltd. Conditions of Carriage and such Conditions prevail in the event of inconsistency with these Carrier’s Regulations.

Reservations and Tickets

Charter Aviation Pty. Ltd. is a ticket less Airline operating in an e-ticket environment. At the time your reservation is confirmed you will be assigned a Confirmation Reference, please keep a record of this. Details relating to your booking will be held in our computerised system under this unique reference. You will also be given the opportunity to print a Flight Confirmation Document and Receipt (Web Reservation) should you so wish.

Fares

Charter Aviation Pty. Ltd. fares are quoted on a per person, basis including taxes, fees and charges. An insurance surcharge may apply and fares and taxes may fluctuate due to currency exchange rates and tax changes. Each sector of your journey is treated as a separate flight unless stated.

Method of Payment

Payment may be made by most recognised credit/debit cards.

Taxes, Fees and Charges

In addition to the fare for your journey, you must pay any taxes, fees and charges imposed on us by Government or other authority, including the operator of an airport for which we are obliged to collect from you or pay in respect of you and your flight. When you make your reservation we will tell you about any taxes, fees and charges not included in the fare and they will normally be shown separately on the flight confirmation document and/or receipt. Taxes, fees and charges change constantly and can be imposed or altered after the date we have confirmed your reservation and allocated a Confirmation Reference. If they change or if a new tax, fee or charge is imposed after your reservation is confirmed and a Confirmation Reference has been allocated, you will have to pay us any increase. Similarly, if any taxes, fees or charges you paid to us at the time your reservation was confirmed and a Confirmation Reference was allocated, are then abolished or reduced, you will be entitled to claim a refund from us. If you do not use your confirmed reservation, you will be entitled to claim a refund of any taxes, fees and charges which you have paid, less an administration charge.

Seat Requests

We will endeavour to meet all advance seating requests, although these cannot be guaranteed as we may find it necessary to change your seat for operational, safety or security reasons.

Passengers with special needs, together with the elderly, frail or any other passenger who, in our reasonable opinion would be unable to assist in the event of an emergency, will not be seated at or adjacent to an Emergency Exit.

Passengers with Special Needs

Charter Aviation Pty. Ltd. must be advised of any passenger with special needs or a medical condition at the time of reservation. Passengers with special needs are those whose mobility is reduced due to physical incapacitation whether this is sensory or locomotory, intellectual deficiency, age, illness or any other cause of disability. Please contact us on 1300 359 734 or your local contact centre with details quoting the Confirmation Reference in order to obtain confirmation that we can accommodate the passenger on their chosen flight(s). Charter Aviation Pty. Ltd. is unable to accept those passengers with a level of disability which needs the presence of a care assistant unless a care assistant is travelling with the passenger. The care assistant will need to comply with the same obligations as all other passengers.

Passengers with a medical condition which may be exaggerated or aggravated by the journey process of travelling by air should obtain a medical certificate from their Doctor stating the nature of their illness and their fitness to undertake the journey they are planning which must be presented to Charter Aviation Pty. Ltd. prior to the departure date of their flight.

Wheelchairs folding wheelchairs will be carried free of charge and in addition to the normal free baggage allowance. Special arrangements need to be made and confirmation obtained for any other type of wheelchair to be carried. Please telephone us on 1300 359 734 or your local contact centre.

Expectant Mothers

Charter Aviation Pty. Ltd. will accept Expectant Mothers for travel up to the end of their 26th week of pregnancy without a medical certificate. If travelling from the end of their 26th week and the end of their 35th week of pregnancy a medical certificate will be required stating the number of weeks of the pregnancy and confirming the Expectant Mother is fit to fly. We are unable to accept Expectant Mothers once they reach the 36th week of their pregnancy or in the case of those who are expecting a multiple birth after the end of their 32nd week and therefore all flights should be completed before this time is reached. Medical certification must be supplied by a Doctor, we regret that we cannot accept those completed by a registered midwife.

Infants

Infants (defined as being children under the age of 2 years) may travel free of charge, providing they are seated on the lap of the person accompanying them. Infants under the age of 2 weeks cannot be accepted for travel. Infants of 6 months up to 2 years may occupy a suitable and approved car-type safety seat and for which a separate seat must be purchased, at the applicable adult fare. Only one infant per adult will be allowed to travel. Infants are not entitled to a baggage allowance.

Children of age 2 years and over must occupy their own seat for which they must pay the applicable fare.

Unaccompanied Minors

Charter Aviation Pty. Ltd. does not accept unaccompanied minors under the age of 5 years for travel. Children under 5 years of age cannot travel unless they are accompanied by a person of 16 years of age or over who will take responsibility for the minor.

Baggage

Checked Baggage Allowance

 

This is the amount of free baggage you are permitted to check-in to be loaded into the aircraft hold. Not to exceed 20 kilos per passenger.

Excess Baggage Charges

Excess baggage will be charged at a rate of $2.50 per kilo per flight sector.

Hand Baggage

The following items are permitted onboard as cabin baggage, subject to size restrictions; a coat, a handbag/clutch bag, small items of tax free goods, a laptop computer, small personal electronic devices.

All personal items and cabin baggage must be securely stowed on board the aircraft either in the overhead locker or under the seat in front of you, if this is not adjacent to an Emergency Exit

Items Unacceptable as Baggage

Dangerous Goods these are items that MUST NOT be carried on passenger aircraft. They MUST NEVER be part of your baggage.

* Compressed gases (deeply refrigerated, flammable, non-flammable and poisonous)

* Explosives (munitions, fireworks and flares)

* Corrosives (acids, alkalis, mercury and wet cell batteries)

* Radio-active material

* Flammable liquids and solids (lighter fuel, matches of any kind, paints, thinners and fire-lighters)

* Poisons (weed-killer, insecticides and live virus or bacteria)

* Oxidising materials (peroxides and bleaching powder)

* Other items which are irritating or offensive materials or magnetised materials

If you are in any doubt about what you can carry on board an aircraft please contact us on 1300 359 734 or your local contact centre.

Firearms

Charter Aviation Pty. Ltd. may accept for carriage those firearms which are defined as Sporting Guns. However, prior special arrangements must be made and strict criteria met. Please contact us on 1300 359 734. Items which must not be carried on board or in cabin baggage:

# Darts
# Toy or Replica Guns (plastic or metal)
# Billiard, Snooker or Pool Cues, Bats (including Tennis Rackets)
# Catapults
# Laser pens
# Personal Attack Alarms
# Tradesmen’s Tools
# Knives with Blades of any length
# Household Cutlery
# Razor Blades
# Paper Knives
# Sporting Bats
# Hypodermic Syringes (unless supported by medical evidence)
# Knitting Needles
# Scissors
# Swords, Archery Bows and Arrows or similar
# Self Heating Drinks or Food
# Any other item which in our reasonable opinion could be used to endanger the aircraft or any of the passengers or crew
Restricted Items

There are some restricted Articles which can be carried in checked baggage but only with special precautions, amongst these are:-

Firearms, Sporting Guns, Wet Cell Batteries, Butane Hair Stylers, Small Oxygen and Carbon Dioxide Cylinders, Dry Ice and Cooking Oil However, you must advise us, and obtain confirmation from us in advance of the flight date, that we are able to accept such items for the services on which you are booked to travel. Please contact us on 1300 359 734 or your local contact centre.

Items which you MUST NOT include within your Checked Baggage but not limited to:-

# Money
# Jewellery
# Precious Metals
# Medication which may be required during the journey;
# Computers
# Personal Electronic Devices
# Car or House Keys
# Share Certificates, Bonds and other Valuable Documents
# Business Documents
# Passports or other Identification Documents
# Fragile or Valuable Items
# Perishable Foods or other Items
Non Standard Items of Baggage

# Musical Instruments
# Cycles
# Snowboards
# Skis
# Golf Clubs
These items/sets will be subject to the relevant excess baggage charges if applicable and, subject to prior arrangement, available aircraft “hold” space and confirmation. Please contact us on 1300 359 734.

Any item which would require it to be loaded into the cabin of the aircraft will attract a charge of the applicable fare for the purchase of an additional seat for that item. Subject to prior arrangement and confirmation. Please contact us on 1300 359 734 or your local contact centre.

Animals/Pets

Charter Aviation Pty. Ltd. is unable to accept animals/pets for carriage on our aircraft with the exception of certified assistance dogs

Lost or Damaged Baggage

Although we make every effort to ensure that your baggage is handled with care, due to the complexity of airport baggage handling systems, accidents can and do occur. It may be of interest for you to know that, in common with other airlines, Charter Aviation Pty. Ltd. liability for loss, delay or damage to baggage is limited and the settlement of any claim is based upon the Montreal Convention. Charter Aviation Pty. Ltd. does not accept liability for fragile, valuable, perishable items contained within checked baggage or for baggage which is packed in unsuitable or damaged containers.

If your baggage is delayed, damaged or lost following a Charter Aviation Pty. Ltd. flight you must advise a member of our staff, or our representative, at the airport of arrival immediately. They will complete a Report with the details and provide you with a Report Reference Number, which should be quoted in all subsequent enquiries or correspondence. Please note this does not constitute a claim.

Please see Articles 14.4; 14.5 and 15.1 of our Conditions of Carriage.

We would strongly recommend that you take out travel insurance to ensure your belongings are adequately covered for their value, prior to any journey you may make by air.

We would also recommend that you make sure that the receptacle being used to contain your belongings is of a satisfactory construction and condition to withstand the normal handling processes, whilst remaining secure, that your name and address is annotated (discreetly) on your checked baggage and unless otherwise advised that you lock your checked baggage for extra security; taking care to make sure you have the keys upon your person.

Check-in

Our check-in will normally open 1 hour prior to the scheduled departure time of the flight and close 30 minutes prior to the scheduled departure time of the flight.

Passengers must present themselves at check-in with their Confirmation Reference and valid Passport, together with any other travel documentation required for the journey they are undertaking e.g. visa. It is the passenger’s responsibility to ensure that they have the necessary valid documentation, including visas, to meet the immigration requirements of their destination. Charter Aviation Pty. Ltd. reserves the right to refuse travel to any passenger whose documents do not appear to be in order, Should this happen we will not make any refund or provide any alternative flight. We would also draw your attention to Article 13 of our Conditions of Carriage

Minimum Check-in Time

30 minutes prior to scheduled departure.

For those passengers who require assistance and who have arranged this in advance, we would recommend that you check-in at least 1 hour prior to scheduled departure time.

Similarly, those passengers who are travelling with a firearm or a non standard item of baggage, for which they have obtained confirmation that the firearm or item of baggage can be carried, should also check-in at least 1 hour prior to the scheduled departure time.

Passengers failing to check-in by the required minimum check-in times above will not be accepted for travel and will forfeit their seats. If you arrive to check-in outside of these times you will forfeit your flight and no compensation will be given. We regret that passengers who fail to check-in within the times specified will not be entitled to a refund, credit or free transfer of flights. In such circumstances you should contact a member of Charter Aviation Pty. Ltd. staff who may be able to assist you.

As passengers and their baggage are subject to security screening throughout their journey, it is recommended that you ensure that your cabin baggage is packed in such a way that, if you are requested to do so by airport personnel, you are able to transfer Articles into your checked baggage.

A Baggage Receipt will be issued for each item of baggage you check-in to be loaded into the aircraft hold, please ensure you retain the baggage receipt until such time as you are satisfied that your checked baggage has been satisfactorily delivered to you. A Baggage Tag will be affixed to each piece of checked baggage displaying the flight number and destination to which you are travelling.

Connecting Flights/Transfer Baggage

Please note that Charter Aviation Pty. Ltd. does not operate a connecting flight service with any airline and therefore, if you have an onward flight you will need to check-in with your baggage for each portion of your journey. Charter Aviation Pty. Ltd. is unable to accept responsibility for you making any onward flight connections.

Boarding Pass

Once you have completed the check-in process, we will issue you with a boarding pass.

Departure Gate

You must make sure that you attend the departure gate at the time you are given when you check-in, failure to do so may result in you missing your flight. We regret that passengers who fail to attend the departure gate promptly will not be entitled to a refund, credit or free transfer of flights.

Delays, Cancellations and Denied Boarding

Charter Aviation Pty. Ltd. make every effort to operate to their published schedules however there may be occasions where it is not possible to do so and a flight may be delayed or cancelled. This notification informs you of your rights under EC Regulation 261/2004 should this occur; it does not give you any additional contractual rights.

Passengers whose flight is cancelled is entitled to ONE of the following options:
(I) Re-routing with us, under comparable transport conditions at the earliest opportunity irrespective of original fare conditions or fare class availability.
(II) Re-routing at a later date subject to original fare conditions and fare class availability.
(III) A full refund to the purchaser of the ticket for any unused sectors with us. If relevant (disrupted outbound sectors), a return flight will be available to the first point of departure at the earliest opportunity.

If you flight is delayed more than 5 hours, the purchaser of the ticket is entitled to apply for a full refund of any unused sectors with us.

If your flight is cancelled or delayed over two hours, you will be entitled to meals and refreshments in relation to wait time plus two telephone calls, faxes or emails.

If an overnight stay is required because the reasonably expected time of departure is at least the day after the time of departure, overnight accommodation and transfers between the airport and hotel will be provided by us free of charge.

If your flight is cancelled other than the result of extraordinary circumstances which could not have been avoided by all reasonable measures, including but not limited to Air Traffic Control, Weather, Civil Unrest, Terrorist and Security Alerts, Strike Action and Unexpected Flight Safety Shortcomings you may be entitled to claim compensation unless you are offered a re-route which allows departure and arrival at your final destination within the following times:

If you are informed of the cancellation between thirteen and seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than two hours before the scheduled time of departure and to reach your final destination less than four hours after the scheduled time of arrival; or

If you are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than one hour before the scheduled time of departure and to reach your final destination less than two hours after the scheduled time of arrival.

Compensation is reduced by 50% if any re-routing offered to your final destination results in a scheduled arrival time which does not exceed the scheduled arrival time of the original flight by:

Two hours for flights of 1500 km or less

Three hours for all flights of more than 1500 km and for all other flights between 1500km and 3500 km

 

Four hours for all other flights.

Please note that passengers are not entitled to compensation if they have been informed of a cancellation fourteen days or more before the planned departure date. Passengers will be informed of cancellations via the contact details given to the operating carrier with the booking by the passenger, the purchaser of the ticket or the travel agent.

If you are denied boarding on a flight for which you have:-

  • A confirmed reservation;
  • A valid Confirmation Reference;
  • And for which you have checked-in within the specified minimum check-in time, because it is oversold, you will be entitled to receive Denied Boarding Compensation.

 

In addition to the appropriate level of compensation we will give you the choice of:

 

  • a full refund on your ticket; or
  • a seat on another of our flights as a soon as possible; or
  • a seat on another of our flights at a later date of your choice (subject to availability)

 

Charter Aviation Pty. Ltd. will also cover incidental expenses for the cost of a telephone call or facsimile to the point of destination, meals and/or refreshments in reasonable relation to the waiting time; hotel accommodation, where necessary and appropriate and the cost of surface transportation if this is required between airport and hotel or to the destination airport if alternative travel is arranged to an airport other than that originally booked.

Please see Article 9.1.3 in our Conditions of Carriage.

To be eligible for any of the rights listed above passengers must have a confirmed reservation on the flight (or have been transferred by us onto the flight from another flight on which they had a confirmed reservation) and be in possession of a paper ticket or e-ticket itinerary receipt. In addition, passengers’ rights in respect of a delay only arise if they have presented themselves for check-in in good time. If you do have any complaints regarding your ability to exercise your rights, please contact our customer relations department.

Conduct On Board Aircraft

At our discretion Charter Aviation Pty. Ltd. will supply and serve, if appropriate alcoholic beverages, to passengers on board our aircraft. Passengers are, however, prohibited from consuming alcoholic beverages on Charter Aviation Pty. Ltd. services which they have supplied themselves or been supplied by a third party.

 

All Charter Aviation Pty. Ltd. services are non smoking. Passengers should note that smoking is strictly forbidden and all necessary measures will be taken to stop any passenger from infringing this policy.

 

For safety reasons, we may forbid or limit the operation aboard the aircraft of electronic equipment, including, but not limited to, mobile telephones; laptop computers; personal recorders; personal radios; MP3, cassette and CD players; electronic games or transmitting devices such as radio-controlled toys and walkie-talkies. The use of hearing aids and heart pacemakers is permitted.

 

If, while you are on board an Charter Aviation Pty. Ltd. aircraft, we reasonably believe that you have put the aircraft, or any person in it, in danger; deliberately interfered with the crew in carrying out their duties; failed to obey the instructions of the crew relating to safety or security; failed to obey the seat-belt or no-smoking signs; committed a criminal offence; allowed your physical or mental state to become affected by drink or drugs; failed to obey the crew’s instructions relating to drink or drugs; made a hoax bomb threat; threatened or abused or insulted the crew or other passengers or behaved in a threatening, abusive, insulting or disorderly way towards the crew or other passengers or behaved in a way which causes discomfort, inconvenience, damage or injury to the crew or other passengers, we may take any measures we think reasonable to prevent you continuing your behaviour, including restraint. When the aircraft lands, we may decide to make you leave the aircraft; refuse to carry you on the remaining sectors of the journey shown in your Flight Confirmation Document and report the incident on board the aircraft to the relevant authorities with a view to them prosecuting you for any criminal offences you might have committed.

 

If, as a result of your behaviour, we divert the aircraft to an unscheduled place of destination and make you leave the aircraft, you must pay us the reasonable and proper costs of the diversion.

Please see Article 9.1.3 in our Conditions of Carriage.