Terms of Carriage
E-Ticket Conditions Of Contract And Terms Of Carriage For Flights Operated By Virgin Australia Regional Airlines Pty Ltd
For the purpose of these terms of carriage, and the transport services provided pursuant to them, the phrase "this ticket" shall be understood to include your E-Ticket Customer Receipt and all documentation issued to you (excluding any insurance documentation) as part of your E-Ticket travel.
This Ticket is issued, and transport and services in Australia are provided, on these terms of carriage which include the conditions of contract and (where consistent with these terms) notices in this Ticket and in fare and timetable bookings, (Terms). Any carrier, or service supplier designated in this Ticket or providing transport or services in respect of this ticket are called Operator(s).
Any money received for this Ticket by an agent issuing it ("Agent") is received in trust for Skywest. Skywest does not receive this money as agent for any other Operator. The Agent is not for any other purpose agent of any Operator.
Operators are not common carriers and may refuse to carry any person or goods without giving reasons.
Each Operator is responsible only for transport or services provided by it and has no liability for any other transport or services.
This Ticket is not transferable. There is no obligation to provide any transport or services under this Ticket unless satisfactory proof of identity of the designated passenger is produced (namely a driver’s license or similar form of photographic identification) when checking in for the flight.
This ticket is valid only for transport and services specified. lf the passenger or the Purchaser of the ticket alters or cancels transport or services or their order, the ticketed fare structure may become inapplicable.
Purchaser acknowledges receipt of this Ticket for related charges described therein. If this ticket is purchased with a credit card Purchaser agrees to make payment in full when billed or in extended payments in accordance with the standard policy of the issuer of the credit card.
Operators may, without notice, substitute means of transport or service suppliers. These terms apply to any substituted or altered transport or services.
Industrial disputes, loading restrictions, unsuitable weather and other operating restrictions may necessitate cancellation or delay of transport or services. Operators also reserve the right to cancel booking for other reasons.
Subject to these Terms, Operators have no responsibility for costs or losses resulting from diversion, substitution, alteration, cancellation, or delay or from loss or delay of baggage.
If passengers are landed at a place other than the specified destination, the Operator will make all reasonable efforts to transport them to that destination but with no obligations as to time, date or means of transport.
Passengers must comply with all laws and regulations and with the instructions of the Operator and its representatives. Passengers must submit to reasonable searches of their persons and baggage. A passenger’s baggage may be searched without notice to the Passenger.
If, in the opinion of a representative of the Operator, the Passenger is in breach of these Terms or under the influence of drugs or alcohol or it is necessary for the safety or comfort of other passengers or for the protection of property, the Passenger may be denied boarding or be required to leave the aircraft or other means of transport, and may if necessary be physically removed or restrained.
Except as otherwise provided by these Terms, and to the extent permitted by law: (a) Operators are not liable for death of or injury to any person, for loss of or damage to baggage or goods, for delay, or for consequential or other loss of any kind, arising directly or indirectly from negligence or omission or some other cause in connection with provision or non- provision of any transport or service: and (b) No Agent or Operator is liable for inaccuracy in any information concerning transport, services or their pricing.
If an Operator is liable in connection with transport by water, this liability is limited to the extent permitted by Part VIlI of the Navigation Act 1912 (Commonwealth) if that Part applies and, if it does not apply, liability is limited to an equivalent extent.
Without limiting the operation of the Civil Aviation (Carriers Liability) Act 1959 (commonwealth) and complementary state laws, the Operators liability for breach of any term of this contract (whether express or implied) or for any other claim in relation to the Operators obligation under this contract (Including any claim for negligence for breach of any statute) is, to the extent of the law limited to the re-supply of the service in question or payment of the cost of re-supply.
Protection given by these Terms to an Agent or Operator shall extend to its servants, agents representatives of related companies and Independent contractors. This condition is included for the protection of those persons, in consideration of their services to the passenger.
These Terms may not be modified or waived by any person.
If any term fails to have all, some or any effect, or causes any other term to fail at all to have any effect it shall be read own or severed to preserve the rest of these terms.
Whenever it is issued, this ticket and carriage or services supplied thereunder are governed by the law enforced in the State of Western Australia.
Bags are designed to protect the contents and as such the Operator is unable to accept liability for wear and tear as such, scratches, nicks and damages to wheels, straps or protrusions. The operator will not accept liability for any damaged item/s that is not reported within 24 hours of travel.
Passengers check-in 1 (one) hour prior to departure. Check-in closes 30 minutes before departure
Checked Baggage Limits
The total linear dimensions (i.e. Length plus Width plus Height) of any item of baggage must not exceed 158cm (62in).
Maximum weight acceptable of any single item is 32kg.
Any item of baggage exceeding the size or weight limit, will not be accepted at passenger check in and must be consigned as cargo through a Cargo office.
Free Checked Baggage Allowance
In addition to approved cabin baggage, each customer occupying a paid seat is entitled to the following free baggage allowances.
Economy Class Customers 20kg (44lb)
Infant (not occupying a seat) 10kg (22lb)
Charges apply for weight in excess of the Skywest free baggage allowance.
For luggage in excess of 20kg, excess baggage is charged at a rate of $10 per kilogram. Transportation of surf boards, bicycles, golf clubs, skis, snow boards and archery equipment is charged at a flat rate of $20 per item.
Different rates may apply between other airlines and sectors. Further details can be obtained from any Skywest office.
Excess Baggage Carriage Restrictions
Excess baggage is carried subject to space availability and hence may not be carried on the same service as the passenger. Excess baggage is only carried to the airport specified on the Skywest baggage tag. The passenger is responsible for collection of excess baggage and/or any other related delivery expenses.
Excess Baggage Limit
Total baggage exceeding 100kgs will not be accepted as excess baggage. Such consignments must be processed at a Cargo outlet at the applicable cargo rate.
Baggage Entitlement when Connecting to Virgin Australia
Skywest has a interline baggage agreement with Virgin Australia. If you are travelling on a Virgin Australia code-share flight, operated by Skywest, you are subject to the Virgin Australia baggage entitlements. If you are travelling on a Skywest marketed flight (Skywest flight number), connecting to a Virgin Australia flight, you are subject ot Skywest Airlines baggage policy.
Other International Airlines
Skywest does not transfer baggage to other airlines. All baggage should be picked up at your final destination flown by Skywest, and re-check them onto your connecting flight.
Travel insurance is available from Skywest or your Travel Agent before you travel.
Domestic Notice - Limitation of Liability
Carriage wholly within Australia which is not international carriage as defined by the Warsaw Convention and Montreal Convention, is subject to the provisions of the Civil Aviation (Carriers' Liability) Act 1959 as amended or complementary State Legislation, Skywest liability in respect of the death or injury of any passenger is limited to AUD$500,000 and in respect of baggage is limited to AUD$1,600 per passenger (for checked baggage) and AUD$160 per passenger (for cabin baggage).
Cabin Baggage Limits
The following items must not exceed 7 kilograms in weight. If combined weight is more than 7kgs they must be checked-in and carried in the aircraft hold.
All airline members of the International Air Transport Association (IATA) have agreed to observe the following cabin baggage regulations. The articles listed may be carried free of charge over and above the free checked baggage allowance (but not exceeding 7 kilograms).
A lady's handbag, pocket book or purse, which is appropriate to normal travelling dress and is not being used as a container for the transportation of articles which would otherwise be regarded as baggage.
An overcoat, wrap or blanket.
An umbrella or walking stick.
A small camera and/or a pair of binoculars.
A reasonable amount of reading matter for the flight.
Infant's food for consumption on flight.
A pair of crutches and/or other prosthetic device for the passenger's use provided that the passenger is dependent upon them.
Wheelchairs and infant's carry baskets are not permitted to be taken onboard as cabin luggage - these items will be stowed in the aircraft hold.
All Other Articles - including overnight bags, briefcases, personal computers, ladies vanity cases, large size cameras etc. taken into the cabin as hand baggage are subject to the following conditions when travelling on Skywest Airlines.
One Briefcase or One Small Bag not exceeding: depth 23cm (9in), height 34cm (13in), length 48cm (19in), maximum weight 7kg.
One soft-sided (non-rigid frame) suitpak or garment bag not exceeding: thickness 11cm, width 60cm, length 114cm.
All baggage should be locked, items of value - such as money, jewellery, precious metal, negotiable papers, securities, business documents or the like - should only be carried on your person or in cabin baggage under your care. Skywest Airlines is not liable for loss or damage resulting from inherent defect, quality or service of goods carried.
For safety reasons, the following types of restricted articles are examples of articles which must not be carried in your baggage or about your person. If you have any doubt about what you may carry please request more information from Skywest Airlines before you travel.
Compressed gases e.g. refrigerants, flammable and poisonous such as butane and aqualung cylinders.
Corrosives e.g. acids, alkalines, mercury and wet cell batteries.
Explosives munitions, fireworks and flares.
Flammable liquids and solids e.g. lighter or heating fuel, MATCHES, paints and articles easily ignited.
Infectious substances e.g. live virus substances.
Radioactive materials and all poisons e.g. insecticides and weed killers.
Medicines and toiletries in limited quantities and alcoholic beverages may be carried in checked or cabin baggage (maximum 2 litres or 2kg). Firearms are NOT permitted in the cabin.
Passengers shall not tender dangerous goods or potentially dangerous goods for carriage as baggage. Carriers may destroy, abandon and/or retain as evidence any such goods.
Notice Of Government Imposed Taxes And Fees
The price of this Ticket may include taxes and fees which are imposed on air transportation by government authorities. These taxes and fees, which may represent a significant portion of the cost of air travel, are included in the total fare. You may also be required to pay taxes or fees not already collected.
In accordance with Civil Aviation Regulations, smoking is NOT permitted on Australian domestic flights, in Australian airport terminals and on certain carrier's international services. The Civil Aviation Act (Commonwealth) and the Civil Aviation Regulations contain rules for passenger conduct to ensure safety in air travel. Passengers must comply with those rules at all times.
To ensure your well-being in-flight we recommend that you do the following:
Consult your doctor before you travel if you have any concerns about any medical conditions which might affect you during a flight.
Follow the health advice provided in the in-flight Comfort Card in the seat pocket on the aircraft, including but not limited to, avoiding consumption of excessive alcohol and undertaking the recommended exercises to counteract the risk of deep vein thrombosis (DVT) on long haul flights.
If the passenger's journey involves an ultimate destination or stop in a country other than the country of departure the Warsaw Convention or the Montreal Convention may be applicable and the Convention governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss or damage to baggage. See also notices headed "Advice to International Passengers of Liability" and "Notice of Baggage Liability limitations International passenger's."
CONDITIONS OF CONTRACT
As used in this contract "Ticket" should be understood to include your E-ticket Customer Receipt and all documentation issued to you of which these conditions and the notices form part, "carriage" is equivalent to "transportation", "carrier" means all air carriers that carry the passenger or his or her baggage hereunder or perform any other service incidental to such air carriage. "Warsaw Convention" means the convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, 12th October 1929, or that Conventions as amended at The Hague, 28th September 1955, whichever may be applicable. Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal 28th May 1999 as amended and supplemented.
Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention and Montreal Convention unless such carriage is not "International Carriage" as defined by that Convention.
To the extent not in conflict with the foregoing carriage and other services performed by each carrier are subject to: (i) provisions contained in the ticket; (ii) applicable tariffs; (iii) carrier's conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of the carrier), except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.
Carrier's name may be abbreviated in the ticket, the full name and its abbreviation being set forth in the carriers tariffs, conditions of carriage, regulations or timetables; carriers address shall be the airport of departure shown opposite the first abbreviation of carriers name in the ticket; agreed stopping places are those places set forth in this ticket or as shown in the carriers timetables as scheduled stopping places on the passengers route; carriage to be performed hereunder by several successive carriers is regarded as a single operation.
An air carrier issuing a ticket for carriage over the lines of another air carrier does so only as its Agent.
Any exclusion or limitation of liability of carrier shall apply to and be for the benefit of agents, servants and representatives of carrier and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives.
Checked baggage will be delivered to bearer of the baggage check. In case of damage to baggage moving in international transportation complaint must be made in writing to carrier forthwith of discovery of damage and, at the latest within 21 days from date the baggage was delivered. See tariffs or conditions of carriage regarding non-international transportation.
This ticket is good for carriage for one year from date of issue, except as otherwise in this ticket, in carriers tariffs, conditions of carriage, or related regulations. The fare for carriage hereunder is subject to change prior to commencement of carriage. Carrier may refuse transportation if the applicable fare has not been paid.
Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Carriers may without notice substitute alternate carriers or aircraft and may omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility for making connections.
Passenger shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by carrier or, if no time is fixed, early enough to complete departure procedures.
No agent, servant or representative of carrier has authority to alter, modify or waive any provision of this contract.
ADVICE TO INTERNATIONAL PASSENGERS ON LIMITATION OF LIABILITY
Passengers on a journey involving and ultimate destination or a stop in a country other than the country of origin are advised that the provisions of Warsaw Convention or the Montreal Convention may be applicable to the entire journey, including any portion entirely within a country.
For such passengers on a journey to, from, or with an agreed stopping place in the United States of America, the Warsaw Convention and special contracts of carriage embodied in applicable tariffs provide that the liability of certain carriers, parties to such special contracts, for death of or personal injury to passengers is limited in most cases to proven damages not to exceed US $75,000 per passenger, and that this liability up to such limit shall not depend on negligence on the part of the carrier. For such passengers travelling by a carrier not a party to such special contracts or on a journey not to, from, or having an agreed stopping place in the United States of America, liability of the carrier for the death or personal injury to passengers is limited in most cases to approximately US $10,000 or US $20,000.
Where the Montreal Convention applies, the limits of liability are as follows: for damages up to 100,000 Special Drawing Rights (SDR), the carrier will not be able to exclude or limit its liability. Above that amount, the carrier can defend itself against a claim by proving it was not negligent or otherwise at fault. In case of damage caused by delay, the liability of the carrier is limited to 4,150 SDR; in the case of destruction, loss of, or damage or delay to baggage, the liability of the carrier is limited to 1,000 SDR.
Disclaimer: This is a Notice required by Order 69-2-65 of the US DOT. No representation is made as to the accuracy of its contents.
NOTICE OF BAGGAGE LIABILITY LIMITATION
Liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. For most international travel (including domestic portions of international journeys) the liability limit is approximately US $9.07 per pound (US $20.00 per kilo) for checked baggage and US $400 per passenger for unchecked baggage. In cases where the Montreal Convention applies to your journey, the applicable liability limit is 1,000 SDR for checked and unchecked baggage. Excess valuation may be declared on certain types of articles.
The operator assumes no liability for fragile, valuable or perishable articles. Further information may be obtained from the operator.
THE OPERATOR RESERVES THE RIGHT TO REFUSE CARRIAGE TO ANY PERSON WHO HAS ACQUIRED A TICKET IN VIOLATION OF APPLICABLE LAW OR OPERATOR’S TARIFFS, RULES OR REGULATIONS.
LIMITATION OF ACTIONs
Any right to damages shall be extinguished if an action is not brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date of which the carriage stopped.