Terms & conditions of carriage

a. These Terms and Conditions of Carriage (Conditions), together with  any Applicable Laws, regulate the relationship between you and  Chartair, and apply to any Carriage performed by Chartair, and in  any case where we have a legal liability to you. 

b. If Carriage is performed by Chartair pursuant to a charter  agreement or arrangement, these Conditions will apply as if  expressly incorporated into the charter agreement or arrangement,  and the Passengers carried pursuant to the charter agreement will  be carried on the basis that Carriage is subject to these Conditions.  In the event of any inconsistency between the parts of the contract  the terms of the charter agreement will prevail but only to the  extent necessary to remove the inconsistency. 

Aircraft means any aircraft for the time being operated by Chartair in  connection with any Carriage or other flight. 

Applicable Laws means, as applicable to the Carriage: (1)  Commonwealth, state and local government Acts of any country,  regulations and legislative instruments made under them, and by-laws,  rules and orders (including laws implementing an International  Convention); and (2) authorisations, licences, permits, consents and  approvals issued by any Government entity. 

Australian Consumer Law or ACL means Schedule 2 of the Competition  and Consumer Act 2010 (Cth). 

Baggage means personal property accompanying the Passenger on their  trip including Checked Baggage and Cabin Baggage. 

Carriage/Carried means carriage by air whether gratuitously or for  reward including but not limited to Regular Public Transport or Charter. Cabin

Baggage means baggage, personal effects or other articles (not  being Checked Baggage) which accompanies the Passenger in the Aircraft  cabin during the Carriage. 

Chartair, we, us our means Chartair Pty Ltd ABN 36 123 025 945. Charter means carriage of cargo or passengers on non-scheduled  operations by Chartair for hire or reward but excluding Regular Public  Transport (scheduled services). 

Check-in Deadline means 30 minutes before the scheduled departure  time. 

Checked Baggage means baggage, personal effects or other articles  registered with Chartair intended to be carried in the Aircraft hold during  the Carriage. 

Dangerous Goods means any goods which are or may become  dangerous, volatile, explosive, flammable or hazardous (whether the  Passenger is aware of the dangerous or hazardous nature of the goods or  not), and includes, without limitation, goods forbidden, limited or  restricted from time to time by Applicable Laws. 

Excess Baggage means Checked Baggage over 12kg which may be carried  at Excess Baggage Rates. 

Excess Baggage Rates are $7.50 per kilogram. 

Force Majeure Event means the occurrence of an event that is beyond  the reasonable control of the party affected by the event, and includes a  material change to Applicable Laws, an Act of God, strikes, lockouts and  other industrial disturbances, war (declared or undeclared), sabotage,  terrorism, blockade, revolution, riots, insurrections, civil disturbances,  epidemics, cyclones, tidal waves, landslides, lightning, earthquakes,  floods, storm, fire, explosions, embargoes, cancellation of contract of  carriage by a charterer, failure by third parties to provide goods and  services and an inability to obtain or delay in obtaining government  approvals, permits or authorisations (provided that the affected party is  not in default of its obligations or the requirements in respect of such  approvals, permits or authorisations), provided that a lack of funds for  any reason cannot constitute a Force Majeure Event.

Passenger means the person who is Carried or to be Carried on the  Aircraft as a passenger (excluding members of the crew). Personal Information has the meaning given in the Privacy Act 1988. Regular Public Transport means flight operations performed for  remuneration and conducted to fixed schedules over specific routes by  Chartair, and on which seats and/or cargo space is available to the  general public. 

Ticket means the Passenger’s ticket / itinerary / receipt issued by or on  behalf of us for any flight conducted with us (whether it be for Regular  Public Transport or Charter). 

you or your means the Passenger. 

a. Chartair may issue Tickets for particular flights. Tickets issued by  Chartair are valid only for: 

i. the Passenger stated on the Ticket and are not transferable  to another person; and 

ii. the flight shown on the Ticket and will become invalid if not  used for that flight. 

b. Chartair’s obligation to provide Carriage is subject to you providing  your Ticket, satisfactory proof of your identity and any necessary  travel documents when checking in to board a flight. 

c. Chartair advises Passengers to arrive at the airport at least 45  minutes before scheduled departure time in order for the  Passenger to check-in before the Check-In Deadline. 

d. The Check-in Deadline is 30 minutes before the scheduled  departure time. No Passengers or Baggage will be accepted after  the Check-in Deadline and Chartair has no liability to any Passenger  who fails to check-in by the Check-in Deadline. Failure by a  Passenger to comply with the Check-in Deadline will result in the  forfeit of a passenger’s ticket and no refund or reschedule will be  allowed. 

e. You are responsible for applicable taxes, fees and charges imposed  by government, other authority or by the operator of an airport or  aerodrome. 

a. Chartair will use its best endeavours to operate in accordance with  any stated or published arrival and departure dates and times.  However, flight dates or times are not guaranteed and do not form  part of your contract of Carriage with us. You acknowledge and  accept that: 

i. unscheduled delays are at times unavoidable; 

ii. flights may need to change due to a range of factors including  but not limited to operational, maintenance, safety or 

security reasons or due to weather conditions, the directions  of air traffic control, governmental authorities or a Force  Majeure Event; and 

iii. you may miss connecting flights and or any other form of  transportation (whether provided by us or another carrier or  transporter) and / or may suffer some personal, financial or  other loss as a result of a delay, cancellation or other change  made by us. 

b. Without limiting clause 4a, Chartair may at any time:

i. cancel, reschedule or delay any flight, or part thereof,  regardless of whether prior confirmation of any booking has  been given to you; 

ii. substitute any aircraft for an alternative aircraft; and/or

iii. change the route to be flown, including any stops. c. If, in the opinion of our crew, an Aircraft for any reason whatsoever  cannot be safely landed at a particular airport, Passengers  intending to disembark at that airport may be landed at the next  practicable airport of call. In this case Passengers are entitled to be  taken to the airport of original destination by the first aircraft on which Chartair has space available, or by another carrier nominated by Chartair, at our expense. 

a. Subject to clauses 5b and 5c below, if you want to cancel or reschedule a flight with us or change Passenger details, you must notify us or the issuing agent at least 24 hours prior to the stated departure time.

b. If you cancel a flight or Ticket, you must pay the following cancellation charges:

For Regular Public Transport (RPT) flights:

i. cancellation 24 hours or less before the RPT flight departure time: 100% of the Ticket price;

ii. cancellation more than 24 hours but less than 48 hours before the RPT flight departure time: 75% of the Ticket price;

iii. cancellation more than 48 hours but less than 72 hours before the RPT flight departure time: 25% of the Ticket price;

iv. cancellation more than 72 hours before the RPT flight departure time: $55.

For Charter flights:

v. cancellation 24 hours or less before a Charter flight departure time: 100% of the Charter price;

vi. cancellation more than 24 hours but less than 48 hours before the Charter flight departure time: 50% of the Charter price;

vii. cancellation more than 48 hours but less than 72 hours before the Charter flight departure time: 25% of the Charter price; and

viii. cancellation more than 72 hours before the Charter flight departure time: no cancellation fee is payable.

We will retain the above cancellation fees from the amounts paid by you and refund any excess funds for that Ticket or flight to you.

c. If a Passenger wishes to:

i. reschedule an RPT flight to a different day; or

ii. change the name of the Passenger or any other Passenger details on an RPT flight, an administration charge of $55 will apply to each change, provided that no changes can be made on the date of departure. Different fares may apply for flights on different days.

d. If a Passenger wishes to reschedule a Charter flight to a different day, an administration charge of $55 will apply to each change. No changes can be made on the date of departure.

a. Unless otherwise stated on your Ticket, you may check-in up to  12kg of Checked Baggage. 

b. The total weight of all Cabin Baggage of each Passenger must not  exceed 2kg and size limits apply. Cabin Baggage is limited to one  handbag or small package per person in the aircraft cabin. You may  also take other small items such as items of clothing on board or  magazines. To prevent delays during check in, please present all  items of Checked Baggage and Cabin Baggage at the check in  counter. 

c. Carriage of Excess Baggage must be pre-approved by Chartair at  the time of booking and is subject to available space and weight  and payment by you of the applicable Excess Baggage Rates. You  agree that Excess Baggage may not be carried on the same flight as  you. 

d. Chartair is not liable for loss, damage to or delay in the delivery of  delicate, brittle, fragile or perishable items, commercial goods or  business documents, money, jewellery, precious metals,  computers, electronic equipment, camera or travel documents  which are included in Checked Baggage or Cabin Baggage whether  with or without our knowledge. 

a. You must not carry, use or include in your Checked Baggage or  Cabin Baggage or otherwise try to bring on board the Aircraft any Dangerous Goods or the following prohibited items, including but  not limited to: 

• firearms or weapons of any type; ammunition, gunpowder,  mace, tear gas or pepper sprays; fireworks, signal flares,  matches, sparklers or explosives; lithium batteries (with power  greater than 160Wh); 
• machines and tools with petrol-powered engines; self-inflating  life vests; 
• poisons, oxidizing materials, organic peroxides, toxic  substances, infectious substances; corrosive substances (such  as acids, alkalis and mercury, wet cell batteries, drain cleaners  and solvents); 
• spray cans, butane fuel, scuba tanks, propane tanks, CO2  cartridges; fuel, paints, lighter refills; camping fuel 

containers/camping gear containing fuel; dry ice – carbon  dioxide; radioactive materials; 

• security attaché cases incorporating explosives and dye  cartridges; live animals except where pre-approved by Chartair;
• Dangerous Goods listed in the International Civil Aviation  Organisation's Technical Instructions for the Safe Transport of  Dangerous Goods by Air or the Dangerous Goods Regulations of  the International Air Transport Association, that have not been  approved by Chartair in advance of Carriage and appropriately  packaged and labelled by the Passenger in accordance with  applicable regulations; items which are likely to endanger the  Aircraft or persons or property on board the Aircraft, or that  may become dangerous; 
• items which are prohibited by any Applicable Laws from being  carried on any Aircraft; 
• any alcoholic liquor, volatile spirits or other goods of a  dangerous, flammable or offensive nature; and 
• any other item that Chartair reasonably determines to be  prohibited, unsuitable for Carriage because they are dangerous  or unsafe or due to the weight, size or character of an item (e.g.  fragile or perishable items). 

b. If you are in doubt about whether any item constitutes Dangerous  Goods or is prohibited under these Conditions, you must contact Chartair in advance of the Carriage to seek clarification. Chartair  reserves the right to determine what items are suitable for Carriage  and any decision made by Chartair is final. 

c. If, in our sole opinion, any items become or are liable to become  dangerous, inflammable, explosive, volatile, offensive or damaging  in nature, we may at any time confiscate, retain, destroy, discard,  seize, dispose of, abandon or render harmless such items without  compensation to you at your cost. Items of concern may be handed  over to, or reported to; Federal, State or local authorities at the  discretion of Chartair. 

d. Chartair, government or airport officers or their representatives  may require you to submit to clothing or body searches or require a  baggage search or inspection to be done with or without you being  present. 

a. You must: 

i. promptly comply with all reasonable directions given by any  crew member or Chartair personnel; 

ii. not do, or fail to do, anything that may adversely affect the  safety or security of any passenger, crew or the Aircraft; 

iii. not behave in a manner that may be offensive to other  passengers or crew; or

iv. tamper with or interfere with the Aircraft. 

b. We may refuse Carriage of any Passenger, goods or Baggage (even  after you have boarded) without any liability to you or any other person if, in our absolute discretion, we believe that the following  circumstances have occurred or reasonably believe will occur:

i. you do not appear to have all necessary documents or have  not checked in on time; 

ii. you appear to be under the influence of alcohol or drugs;

iii. you fail to comply with these Conditions or any Applicable  Laws or if carrying you will breach any law; 

iv. if Carriage of you or your Baggage may put the safety of the  Aircraft or the safety or health of any person in danger or at  risk;

v. you act in an aggressive or threatening manner towards any  person including another passenger, ground staff or crew  member;

vi. you fail to obey the instructions of ground staff or a member  of the crew of the Aircraft relating to safety or security; 

vii. you refuse to allow a security or safety check to be carried  out on you or your Baggage;

viii. you are carrying Dangerous Goods or other goods prohibited  under these Conditions;

ix. you require special assistance, reasonable notice of this  assistance was not given to us prior to Carriage and we are  unable to provide the special assistance at the time of Carriage; or 

x. you have lost, stolen or unlawfully acquired a Ticket.

a. You are responsible for obtaining and retaining all travel  documents (including permits, visas and other travel documents) and for complying with all laws, regulations, orders and travel  requirements of the jurisdictions to be flown from, into or over.  We will not be liable for the consequences of any failure by a  Passenger to obtain such documents or to comply with such laws,  regulations, orders or requirements. 

b. We will not be liable for the return of any Passenger who has been  refused entry to any location unless a full return fare has been paid.  c. As there are risks involved in travel and our liability to you is  limited, you may choose to purchase travel insurance to suit your  needs.

a. It is your responsibility to find out about and obtain any  inoculations that are required for the area you are visiting, and to  find out about any potential dangers to your health and safety at  their destination and any stopovers. 

b. If you are suffering from any illness, disease or other condition  which may make it unsafe for you or other passengers if you travel,  you must notify Chartair prior to Carriage, and if we consider,  acting reasonably, that it may not be safe for you or other  passengers for you to travel, then we may refuse to carry you. 

c. Deep vein thrombosis (DVT): Prolonged immobility may be a risk  factor in the formation of clots in the legs, known as DVT, according  to some studies. If you feel you may be at risk from DVT or other  health problems, you must consult your doctor before travelling. 

d. Pregnancy: Chartair does not represent that air travel is safe at any  particular point during pregnancy. You must seek advice  from your own medical practitioner prior to the Carriage as to  whether it is safe to fly and whether you require medical clearance  due to the nature of your pregnancy and the length of the Carriage. 

e. Special Assistance: If you require special assistance to board, fly or  disembark the Aircraft (for example due to having limited mobility  or a service animal), you must notify us in advance of date of travel  to discuss the arrangements that may be required.

a. The Civil Aviation (Carriers’ Liability) Act 1959 (Cth) will apply to  limit our liability as follows: 

i. for death of or bodily injury to any Passenger - a maximum of  $925,000; 

ii. for destruction, loss of or damage to Checked Baggage - a  maximum of $3,000 per Passenger; and 

iii. for destruction, loss of or damage to Cabin Baggage - a  maximum of $300 per Passenger. 

b. Under the Australian Consumer Law, consumers are entitled to a guarantee that services will be rendered with due care and skill, fit  for a particular purpose and supplied within a reasonable time.  Where our services do not meet these consumer guarantees, you  are entitled to seek a remedy under the Australian Consumer Law.  If the breach cannot be remedied or amounts to a major failure,  the person named in the Ticket (or the person who paid for the  Ticket upon presentation of satisfactory proof) are entitled to a  refund or other remedies under the ACL. You may also be entitled  to compensation for reasonably foreseeable losses caused by the  failure. Whether there has been a breach of the consumer  guarantees depends on the circumstances and we consider a range  of factors in determining whether our services were provided in  accordance with the consumer guarantees, including: the reason  for the delay or cancellation (for example whether it was caused by  Chartair, another party or by factors outside our control; the length  of any delay; and whether we remedied the delay or cancellation,  for example by reaccommodating you on another flight within a  reasonable time. 

c. Where the Australian Consumer Law applies, it will prevail to the  extent that any provision of these Conditions is inconsistent with,  or would otherwise breach, the Australian Consumer Law, but only  to the extent of any inconsistency. 

d. To the extent permissible under s64A of the Australian Consumer  Law, where flight services have not been acquired for personal,  domestic or household use, we limit our liability to either supplying  of the services again, or the payment of the cost of having the  services supplied again. 

e. To the extent permitted by law, any exclusion or limitation of  liability of Chartair will apply to, and be for the benefit of, our  authorised agents and representatives and extend to related  companies and independent contractors. 

f. Except as provided by these Conditions, any Applicable Laws (such  as the ACL) or international conventions that cannot be limited or  excluded, Chartair excludes all liability for any costs, expenses,  losses or damage whatsoever (including but not limited to any loss  of use, contract, opportunity and any indirect, incidental, special,  punitive or consequential loss or damage or expenses of any kind) that may arise in any way in connection with the Carriage. 

g. You indemnify Chartair for any losses, legal costs and other  expenses incurred by Chartair (including any fines or penalties  imposed on us) arising out of or in connection with: 

i. your failure to comply with these Conditions and/or the  Applicable Laws; and 

ii. the Carriage of prohibited items or Dangerous Goods referred  to in clause 7. 

a. Any claim for loss of or damage to Baggage must be made in  writing to Chartair within the following timeframes: 

i. in the case of delay, damage to or destruction of part only of  an item of baggage checked – within 3 days after the date of receipt by you (or a person on your behalf) of the Checked  Baggage; or

ii. in the case of loss or destruction of one or more whole items  of Checked Baggage – within the period of 21 days from the  date on which the Checked Baggage should have been provided to you; or 

iii. in the case of loss or destruction of Cabin Baggage, within the  period of 3 days from the date on which your Carriage ended. 

b. Your right to claim damages from us in relation to Carriage is  extinguished if you do not bring your action within 2 years after  date of arrival of the Aircraft at the destination, or, where the  Aircraft did not arrive at the destination: 

i. the date on which the Aircraft ought to have arrived at the  destination; or 

ii. the date on which the Carriage stopped.

Chartair collects personal information about you to provide you  with the Carriage and for immigration and customs control,  security, administrative and legal purposes. The collection and use  of your personal information is subject to Applicable Laws. You authorise us to retain your personal information and to  disclose your personal information to other carriers, travel service  providers, organisations which provide services to us, credit and  other payment card companies, various law enforcement agencies  and governments around the world for security, customs,  emergency and immigration purposes. 

a. No employee, agent or representative of Chartair is entitled to alter  or waive these Conditions. No alteration or waiver is valid and  binding on Chartair unless it is in writing signed by Chartair and  provided to you on Chartair letterhead. 

b. Any provision, or the application of any provision, of these  Conditions that is void, illegal or unenforceable in any jurisdiction  does not affect the validity, legality or enforceability of that  provision in any other jurisdiction or of the remaining provisions of  these Conditions in that or any other jurisdiction. 

c. These Conditions are to be interpreted in accordance with the laws  of New South Wales, Australia, and subject to there being no  overriding provisions in an applicable Convention, the parties submit to the non-exclusive jurisdiction of the Courts of New South  Wales, Australia.