Terms of Carriage

 

 Term

Definition

Airline Designator Code means the two or three characters or three letters which identify particular carriers.
Authorised Agent the booking agent engaged by the Charterer.
Baggage means your personal property accompanying you on your trip. It consists of both your Checked Baggage and Cabin Baggage.
Baggage Allowance means the amount of Cabin Baggage and Checked Baggage you may carry for travel on our services as notified to you by the Charterer.
Baggage Identification Tag means  tag attached to each item of Checked Baggage for the purpose of identifying the Checked Baggage.
Boarding Pass means the document (in paper or electronic form) that is issued to you as evidence that you have checked-in for a flight.
Cabin Baggage (sometimes referred to as carry-on or unchecked baggage) means any of your Baggage you take with you into the cabin of the aircraft.
CACL Act means the Civil Aviation (Carriers Liability) Act 1959 (Cth) as amended or any replacement legislation.
Charterer means the party chartering the aircraft from Qantas.
Checked Baggage means that part of your Baggage that you do not take into the cabin of the aircraft with you.
Check-In Deadline means the time limit notified to you by the Charterer by which you must have completed check-in and received your Boarding Pass.
Charter Conditions of Carriage means these Charter Conditions of Carriage and includes the conditions of contract or key conditions of carriage set out in your Ticket.
Day means a full calendar day. For the purpose of notification, the day upon which the notice is dispatched is not counted.
Electronic Ticket means the electronic record of your Ticket made by us  which is held in our reservations system.
Excess Baggage means any Checked Baggage in excess of the applicable Baggage Allowance for Checked Baggage.
Passenger means a person with a Ticket who is carried or is to be carried on an aircraft, except members of the operating crew.
Qantas, we, us, our, ourselves means Qantas Airways Limited (ABN 16 009 661 901) and Qantas’ regional airlines operating in Australia under the QantasLink and Network Aviation brands.
Ticket means either the document entitled “Passenger Ticket and Baggage Check” or the Electronic Ticket issued by us or an Authorised Agent  and includes all printed terms, conditions and notices.
You, your,
yourself
the Passenger.

 

 1.           When These Charter Conditions Of Carriage Apply

1.1          Application of Charter Conditions of Carriage

Except as provided in 1.3 (Overriding Law) and 1.4 (Reading Down) these Charter Conditions of Carriage apply to travel on our domestic flights or domestic flight segments which are covered by an agreement between Qantas and the Charterer. These Charter Conditions of Carriage do not apply to our regular passenger transport services operated by Qantas, Jetstar or Qantaslink which will be governed by their respective Conditions of Carriage.

1.2          Basis of Carriage

The carriage of a Passenger on any domestic flight or domestic flight segment which is covered by an agreement between Qantas and the Charterer is, without exception, subject to:

  • these Charter Conditions of Carriage
  • any other applicable laws, and
  • any specific directions given to a Passenger in writing or orally by our staff.

1.3          Overriding Law

These Charter Conditions of Carriage do not apply to the extent that they are inconsistent with laws that apply to your carriage.

In respect of any goods or services we may provide other than carriage, certain statutory guarantees or warranties may apply for the benefit of consumers. For example, for consumers, services may come with a non-excludable guarantee or warranty that they will be provided with due care and skill. The nature and application of these guarantees or warranties will depend on the relevant jurisdiction. Nothing in these Charter Conditions of Carriage is intended to exclude or restrict the application of such consumer laws.

In respect of goods or services acquired for business purposes and not as a consumer:

consumer guarantees and warranties, including under the Competition and Consumer Act 2010 (Cth) and a Fair Trading Act, will not apply where these Charter Conditions of Carriage apply, provided that the relevant terms may by law be excluded; and

if a statute or other law provides a guarantee or warranty that cannot be excluded, to the extent permitted by law our liability for a breach of the guarantee or warranty will be limited to either supplying the goods or services again or paying the cost of having them supplied again, as determined by us.

1.4          Reading Down

If any of these Charter Conditions of Carriage is invalid, illegal or unenforceable, it will be read down to the extent necessary to ensure that it is not invalid, illegal or unenforceable, but if that is not possible, it will be severed from the Charter Conditions of Carriage and the other conditions will remain valid.

1.5          Cannot Vary

No Qantas employee or other person is authorised to vary any of these Charter Conditions of Carriage. However, this does not affect our right to waive any fare rule or amount payable. A waiver on one occasion does not constitute a waiver on any other occasion.

1.6          Charter Conditions Prevail Over Special Procedures

We may publish a summary of these Charter Conditions of Carriage to assist in drawing key issues to the attention of Passengers. The terms of these Charter Conditions of Carriage will prevail over any summary of them.

Subject to 1.3 (Overriding Law), if any of these Charter Conditions of Carriage is inconsistent with any special procedures we may have (for example, in relation to the carriage of unaccompanied minors or Passengers with limited mobility), these Charter Conditions of Carriage will prevail to the extent of the inconsistency.

1.1           Additional Services or Other Forms of Transportation

If we make arrangements for you with any third party to provide any services other than carriage by air on a QF Airline Designator Code, 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 agent. The terms and conditions of the third party service provider will apply.

If we are also providing non-airline transportation to you, our Charter Conditions of Carriage do not apply to such transportation. The operator’s conditions of carriage may significantly limit or exclude liability. Details are available upon request.

2.           General

2.1          Travel Insurance

Because travel involves many risks, and our liability to you is limited, you may choose to purchase travel insurance, which can cover things like:

  • lost Tickets
  • changes in travel plans and travel cancellation
  • medical and hospital expenses
  • repatriation costs
  • personal injury and death
  • delayed, damaged or lost Baggage and other items

2.2          Health

General:

We may refuse to carry you if we, acting reasonably, are not completely satisfied that it is safe for you to fly. Before you fly you should tell us if you suffer from any illness, disease or other condition which may make it unsafe for you or other Passengers if you fly.

Deep vein thrombosis (DVT):

Some studies have concluded that prolonged immobility may be a risk factor in the formation of clots in the legs, known as DVT. If you feel you may be at risk from DVT or other health problems, consult with your doctor before travel. Information on health issues can be found:

Pregnancy:

If you are pregnant, the following precautions must be observed.

For travel after the first 28 weeks of your pregnancy: you need to carry a certificate or letter from a registered medical practitioner or registered midwife confirming:

  • the estimated date of delivery
  • whether it is a single or multiple pregnancy; and
  • that there are no complications with your pregnancy

For flights of four hours or more:

  • if you are having no complications with your pregnancy you can travel up to the end of the 36th week of your pregnancy for single pregnancies or up to the end of the 32nd week for multiple pregnancies (for example, twins)
  • medical clearance is required if you are having complications with your pregnancy

For flights of less than four hours:

  • if you are having no complications with your pregnancy you can travel up to the end of the 40th week of your pregnancy for single pregnancies and up to the end of the 36th week for multiple pregnancies (for example, twins)
  • Medical clearance is required if you are having complications with your pregnancy

If you wish to travel within seven days after delivery, medical clearance is required. Infants cannot travel for 48 hours after delivery and need medical clearance to travel between three and seven days after delivery.

Please Note:

  • We do not represent that travel is safe for you at any particular point during your pregnancy. You must seek advice from your own medical practitioner prior to your flight. The periods referred to above are only our minimum requirements

2.3          Personal Information

We collect personal information about you (including health information where necessary) to provide products and services to you, process your travel arrangements, facilitate your participation in the loyalty programs of Qantas and other organisations, conduct marketing activities and market research, and for immigration and customs control, security, administrative and legal purposes. If the information is not provided by you, we may not be able to provide the service requested.

For these purposes, you authorise us to retain your personal information and to disclose your personal information to our related companies, travel service providers, organisations which provide services to us, such as collecting commissions, your employer if you are travelling on a Ticket provided through your employer’s corporate travel agreement with us, credit and other payment card companies, various law enforcement agencies and governments around the world for security, customs, emergency and immigration purposes. For more details see our Privacy Statement.

You may be required by government regulations or laws to provide specific personal information to us, including information to enable you to travel to other countries or to enable us to notify family members in the event of an emergency.

You can gain access to the information we hold about you and ask for correction of your personal information by contacting Qantas Customer Care, 10 Bourke Road, Mascot NSW 2020, Australia.

2.4          Seating Selection and Allocation

We do not guarantee you any particular seat. We may need to change your seat at any time, even after you have boarded the aircraft, for operational, safety or security reasons.

2.5          Specific Needs

If you require special assistance because:

  • you are ill
  • you have limited mobility
  • you have a service animal
  • you are pregnant, or
  • you need special help,

we will not refuse to carry you provided that:

  • you have made prior arrangements with us
  • you have complied with any reasonable requests we may have, and
  • we have agreed to provide special help.

2.6          Special Meals

If the service of special meals is available on your selected flight, we will try to ensure that if you have requested a dietary or religious special meal when your reservation is made, it is available. However, we do not guarantee we will be able to supply your requested special meal.

3.           General

3.1          Baggage Allowance

You may carry a limited amount of Baggage without additional charge provided it complies with our requirements and these Charter Conditions of Carriage. The allowances for Baggage will be as notified to you by the Charterer.

3.2          Prohibited Items

We will not carry, and you must not include in your Baggage or otherwise try to bring on board the following prohibited items:

  • items which are prohibited by any applicable law from being carried on any aircraft;
  • firearms and weapons of any type, including but not limited to knives, blades, or sharp items (except see 3.4);
  • items listed as dangerous goods in your Ticket;
  • items which are likely to endanger the aircraft or persons or property on board the aircraft, or that may become dangerous. More information is available 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 we reasonably determine are unsuitable for carriage because they are dangerous or unsafe;
  • animals (except for service animals).

If we discover that you are carrying prohibited items, we may do whatever we consider appropriate and what is reasonable in the circumstances, including disposing of the item.

Unless we are at fault, we will not be responsible for any loss or damage caused to any prohibited items if they are brought on board despite being prohibited items.

3.3          Restrictions on Checked Baggage

You must not include in your Checked Baggage:

  • fragile, delicate or perishable items
  • computers
  • items with a special value, such as money, jewellery, precious metals, silverware
  • negotiable papers, share certificates, securities or other valuable documents
  • cameras
  • personal electronic equipment including compact discs
  • commercial goods or business documents, or passports and other travel documents.

If you carry items in contravention of these Charter Conditions of Carriage, we will use all available defences against any claim in respect of any damage, loss or destruction of those items.

3.4          Restrictions on Cabin Baggage

Some items cannot be carried in the cabin of the aircraft. These include weapons, restraining devices, knives and sharp tools or cutting implements such as scissors and screwdrivers and some sporting goods such as bats and clubs. The list of prohibited items may vary depending where you board an aircraft. Please check with us or your Authorised Agent prior to travel. You may be able to bring some of these items as Checked Baggage (but see 3.5).

If you try to include a prohibited item in your Cabin Baggage, we may take it from you.

We do not accept any responsibility for items which we refuse to carry as Cabin Baggage and which are not carried as Checked Baggage.

You are responsible for your personal items that are in your care and control.

3.5          Excess Baggage

If you arrive to check in with Excess Baggage, we may:

  • refuse that Excess Baggage, or
  • accept that Excess Baggage for carriage and require you to pay a fee before boarding.

We may need to carry your Excess Baggage on a later flight.

If we decide to carry the Excess Baggage but decide not to charge you for some or all of your Excess Baggage, this does not mean that you will not be charged when you check in for any further flights.

3.6          Searches

Qantas, government or airport officers or their representatives may:

  • require you to submit to clothing and body searches;
  • require you to submit your Baggage to searches or inspections; and
  • search or inspect your Baggage with or without you.

As a result of a search, or if you refuse to submit yourself or your Baggage to a search, we may refuse to carry you and your Baggage, and may deliver your Baggage to government or airport officers if required to do so.

Except as otherwise provided by the CACL Act or other applicable laws if a search, screening or x-ray causes damage to you or your Baggage, we will not be liable for the damage unless it was caused by our negligence.

4.           Check In

4.1          Before Departure

You must ensure you have with you when you travel your Ticket (or a print out of your Electronic Ticket, or a booking reference for domestic travel), photo identification, all necessary travel documents and anything else you need to travel.

4.2          Check-In and Boarding Deadlines

Check in deadlines apply and may be strictly enforced. To help us get your flight away on time, ensure you are at the boarding gate by the time specified.

4.3          Boarding Pass and Baggage Receipt

Once you have checked in for your flight and registered any Checked Baggage, keep your Boarding Pass and Baggage receipt with you until you complete your travel.

4.4          If You Are Late

If you arrive:

  • late at check-in or the boarding gate through no fault of ours, or
  • without your Ticket and all necessary travel documents

we may:

  • cancel your reservation;
  • refuse to carry you.

Except as otherwise provided by the CACL Act or any applicable laws, we are not liable to you for any loss or damage you may suffer as a result of your late arrival.

5.           Refusal of Carriage and Denied Boarding

5.1          Refusal of Carriage

Even if you have a Ticket and a confirmed reservation, we may refuse to carry you and your Baggage if any of the following circumstances have occurred or we reasonably believe will occur:

  • if carrying you or your Baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger or at risk
  • if you have used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft or otherwise behaved in a threatening manner
  • if carrying you or your Baggage may materially affect the comfort of any person in the aircraft
  • if carrying you will break government laws, regulations or orders
  • because you have refused to allow a security check to be carried out on you or your Baggage
  • because you do not appear to have all necessary documents
  • if you fail to comply with any applicable law, rule, regulation or order or these Conditions of Carriage
  • if you fail to complete the check-in process by the Check-In Deadline or fail to arrive at the boarding gate on time
  • because you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security
  • because you have not complied with our medical requirements
  • because you require special assistance and you have not made prior arrangements with us for this
  • if you are drunk or under the influence of alcohol or drugs
  • if you are, or we reasonably believe you are, in unlawful possession of drugs
  • if your mental or physical state is a danger or risk to you, the aircraft or any person in it
  • if you have committed a criminal offence during the check-in or boarding processes or on board the aircraft
  • if you have deliberately interfered with a member of our ground staff or the crew of the aircraft carrying out their duties
  • if you have put the safety of either the aircraft or any person in it in danger
  • if you have made a threat
  • because you have committed misconduct on a previous flight and we have reason to believe that such conduct may be repeated
  • because you cannot prove you are the person specified on the Ticket on which you wish to travel
  • because you are trying to use a Flight Coupon out of sequence without our agreement
  • if you destroy your travel documents during the flight
  • if you have refused to allow us to photocopy your travel documents
  • if you have refused to give your travel documents to a member of our ground staff or the crew of the aircraft when we have asked you to do so
  • if we reasonably believe you will ask the relevant government authorities for permission to enter a country through which you are Ticketed as a transit Passenger
  • because your Ticket:
    - is not paid for
    - has been reported lost or stolen
    - has been transferred
    - has been acquired unlawfully
    - has been acquired from someone other than us or an Authorised Agent
    - contains an alteration which has not been made by us or an Authorised Agent
    - is spoiled, torn or damaged or has otherwise been tampered with, or
    - is counterfeit or otherwise invalid.

In any of the situations in this 6.1, we may remove you from a flight, even after you have boarded, without any liability on our part, and cancel any subsequent flights on the Ticket.

5.2          Notice of Refusal to Carry You

We will be entitled to refuse to carry you and your Baggage if we have notified you in writing that we will not carry you on our services. The notice will give details of the period for which it will apply and will ask you not to buy a Ticket or ask or allow anyone to do so for you. If you try to travel while the notice is in force, we will refuse to carry you.

6.           Conduct During Flight

6.1          Obey Directions

To maximize passenger comfort, safety and security, you must comply with the following requirements, and all other reasonable directions of any crew member on your flight with us, when on board:

  • stow Cabin Baggage under the seat in front of you or in the overhead lockers;
  • take care when you open overhead lockers, since Cabin Baggage may move during flight;
  • keep your seatbelt fastened when seated;
  • remain seated with your seatbelt securely fastened during turbulence;
  • stay seated as directed, in particular while the aircraft is moving on the tarmac
  • do not smoke;
  • do not behave in a manner to which other passengers may reasonably object; and
  • if asked by a member of the crew acting reasonably, you must give your passport or other travel document to them for safe custody until the end of the flight.

We may also ask you not to operate any electronic devices including cellular telephones, laptop computers, recorders, radios, CD players, electronic games, laser products or transmitting devices, remote or radio controlled toys that could interfere with the flight. If you fail to comply with our requests, we may retain the device until the end of the flight. Hearing aids and heart pacemakers are permitted.

6.2          Control of Passengers

We will take all reasonable steps to maintain the comfort, safety and security of all passengers. If we reasonably consider it necessary, we may restrain you or remove you from any flight anywhere, for example if you:

  • conduct yourself so as to endanger the safety of the aircraft or any person or property on board;
  • obstruct, or fail to comply with any direction of any crew member;
  • behave in a manner to which other passengers may reasonably object;
  • interfere with a crew member who is performing his or her duties on board an aircraft;
  • tamper or interfere with the aircraft or its equipment.

In addition, you may be refused further carriage with us. You may also be prosecuted for offences committed on board the aircraft.

6.3          Diversion Costs Caused by Unacceptable Behaviour

If we divert the aircraft to an unscheduled destination as a result of your failure to comply with the requirements set out in these Charter Conditions of Carriage or your conduct described in 7.2, you must pay us the reasonable costs of the diversion.

6.4          Smoking prohibited

Smoking is not permitted on any of our aircraft.

7.           After the Flight

7.1          Collect Your Checked Baggage

You must collect your Checked Baggage as soon as it is available for collection.

7.2          If You Cannot Find Your Checked Baggage

If you cannot find your Checked Baggage, produce your Ticket and Baggage receipt to us. Only the person to whom the Baggage receipt was issued is entitled to collect that Baggage.

7.3          Release of Checked Baggage by Qantas

If we have Baggage you claim is yours but you do not have the Baggage receipt, we will release it to you only if you:

  • produce adequate proof of entitlement to it;
  • undertake in writing to us that you will reimburse us for any loss, damage or expense incurred as a result of that release; and
  • comply with any other applicable directions given to you by us.

7.4          Disposal of Baggage by Qantas

If you do not collect your Checked Baggage within 28 Days of your flight, it will be disposed of without notifying you and without liability on our part.

We are not liable for any loss you may suffer caused as a result of your leaving Cabin Baggage or any personal belongings on an aircraft when you disembark (unless the damage was caused by our fault) or if you leave any belongings in the airport terminal or member lounge.

7.5          If You Collect the Wrong Bag

If you pick up the wrong bag or other baggage from the baggage carousel, it is your responsibility immediately to return the bag or baggage at your own cost to the baggage service office or airport manager at the airport where you collected it.

8.           Application of Laws

Your travel is subject to the provisions of the CACL Act or in the case of intra-State travel, complementary State legislation.

Under the applicable laws, our liability may be limited in respect of death or injury, Baggage or delay.

9.           Liability

9.1          Exclusions

Other than as specified in these Charter Conditions of Carriage or applicable laws, we exclude all liability for any costs, expenses, losses or damages whatsoever that may arise in any way in connection with the carriage.

9.2          Negligence by You

If any damage was caused or contributed to by you, our liability may be reduced in accordance with applicable laws.

9.3          Death or Injury or Delay

  • Where your travel is wholly within Australia our liability for your bodily injury or death is limited to AU$725,000.
  • We are not responsible for any illness, injury or disability, including death, attributable to your physical condition, except to the extent that any applicable law requires otherwise.

9.4          Damage to Your Baggage

  • We will be liable only for damage or delay occurring during carriage ticketed on our Airline Designator Code.
  • We are not liable for any damage to your Cabin Baggage to the extent caused or contributed to by your negligence.
  • We are not liable for any damage caused by your Baggage. You are responsible for any damage caused by your Baggage to other persons or property, including our property.
  • For the purpose of determining our liability (if any), we will presume the weight of your Checked Baggage is not more than the applicable Baggage Allowance for the relevant class of carriage, unless you have a receipt from us or our Authorised Agent showing otherwise.
  • Our liability for loss or damage is limited to A$1,600 per Passenger for your Checked Baggage and A$160 per Passenger for your Cabin Baggage.

9.5          General

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

Except where these Charter Conditions of Carriage provide otherwise, our liability, if any, is limited to proven compensatory damages.

Nothing in these Charter Conditions of Carriage:

  • except where we state otherwise in writing, gives up any exclusion or limitation of liability to which we are entitled under any laws which may apply, or
  • gives up any defence available to us under any laws which apply, including against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a Passenger.

 10.         Claims by You

10.1       Personal Injury or Death Claims

If:

  • you have a claim for personal injury; or
  • your personal representative has a claim for your death,

you or your personal representative, as applicable, should notify us in writing as soon as possible.

10.2       Baggage Claims

If the person with a Baggage receipt receives Checked Baggage without making a complaint, it will be reasonable evidence that the Checked Baggage was delivered in good condition, unless proven otherwise. We will not be liable for normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts.

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

  • three Days in the case of damage to or loss or destruction of part only of an item of Checked Baggage or Cabin Baggage, after date of receipt of remainder of the item
  • 21 Days in the case of loss or destruction of the whole of an item of Checked Baggage from the date that the Baggage should have been placed at your disposal.

10.3       Clothing Damage

Any incident involving damage to your clothing worn or taken into the aircraft cabin must be immediately reported to our cabin crew.

10.4       Limitation of claims

Unless your right to claim for damages has expired earlier as provided elsewhere in these Charter Conditions of Carriage, you will have no right to claim for damages if court proceedings are not brought within two years from:

  • the date of your arrival at your destination;
  • the date the aircraft should have arrived; or
  • the date on which your carriage stopped.

The method of calculating the period of limitation will be determined by the law of the court where the case is heard.

11.         Our Name and Address

Our name may be abbreviated to QF (Qantas or QantasLink) on the Ticket. Our address is 10 Bourke Road, Mascot, New South Wales, 2020.