ALLIANCE AIRLINES ABN 81 107 165 980
When you travel on an Alliance flight, your Carriage is subject to these Terms and Conditions of Carriage. 1. General Conditions
1.1 As used in this contract:
"Alliance","we", "us", "our" and/or "ourselves" means Alliance Airlines ABN 81 107 165 980.
"Carriage" is equivalent to "air transportation".
"Domestic Carriage" means Carriage which is wholly within the Commonwealth of Australia and is not international carriage as defined by the Montreal Convention or Warsaw Convention.
"Montreal Convention" means the Convention for the Unification of Certain Rules for International Carriage by Air adopted in Montreal in 1999.
"Ticket" means an electronic ticket issued by or on behalf of Alliance, and, if applicable, a boarding document of which these Terms and Conditions form part.
"Warsaw Convention" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, or that Convention as amended at The Hague, 1955, and/or by Montreal Protocol No.4, whichever may be applicable.
"Passenger" is equivalent to "You and/or "your".
"You" and/or "Your" means any person holding a Ticket who is to be carried or is carried on an aircraft, but excluding members of the crew and, in relation to a refund means the person who paid for the Ticket.
1.2 (a) Subject to clause 1.2(b), these conditions apply to Carriage on all flights operated by Alliance, including gratuitous and reduced fare Carriage, all flights in which the Alliance designator code QQ is shown and in any case where we have a legal liability to you in respect of a flight.
(b) If We make a contract of carriage with You for a flight but another operator (the "Actual Carrier") performs the whole or part of the flight or We issue a Ticket for you to be carried on another operatorfs airline designator code, We do so only as agent for that operator. We will inform you of the other carrierfs identity at the time of booking or as soon as possible prior to the flight. The conditions of carriage published by the Actual Carrier will apply to that flight or, if no conditions are published, these terms and conditions will apply, save that references to "Alliance", "we", "us", "our" and/or "ourselves" shall include a reference to the Actual Carrier and, to the extent the context requires, Alliance as the agent of the Actual Carrier entitled to the benefit of the terms and conditions.
(c) If We make arrangements for You for provision of any other service by a third party, including surface transportation or accommodation, We do so only as agent and the terms and conditions of the third party service provider shall apply.
1.3 If Carriage is performed by Alliance pursuant to a charter agreement, these conditions shall apply as if incorporated in the charter agreement and the passengers carried pursuant to the charter agreement shall be carried on the basis that Carriage is subject to these terms and conditions.
1.4 Carriage hereunder is subject to the rules and limitations relating to liability established by applicable laws as set out in Article 4.
1.5 To the extent not in conflict with the foregoing, Carriage and other services performed by Us are subject to:
(a) these Terms and Conditions;
(b) any additional provisions contained in the Ticket;
(c) Applicable domestic laws and International Conventions and tariffs; and
(d) any written or oral directions issued by Us to the extent not inconsistent with the these Terms and Conditions and the Ticket.
1.6 Our name may be abbreviated in the Ticket. Agreed stopping places are those places set forth in a Ticket or as shown in Our timetables as scheduled stopping places on Your route.
1.7 Any exclusion or limitation of liability of Alliance shall apply to and be for the benefit of Our agents, servants and representatives and any person whose aircraft is used by Us for Carriage and their agents, servants and representatives. The exclusion or limitation of liability shall also extend to related companies and independent contractors, in consideration for the provision of their services directly or indirectly to You.
1.8 We are not a common carrier and may refuse to carry any person or goods without any obligation to provide reasons for such refusal.
1.9 Tickets are not transferable. We have no obligation to provide any Carriage or services under this Ticket unless You produce satisfactory proof of identity (namely a driver's licence or similar form of photographic identification satisfactory to Us) when checking in to board a flight.
1.10 If You alter or cancel transport or services or their sequence, the fare structure for which a Ticket has been issued may become inapplicable. Under certain fare structures, a Ticket may become valueless and not refundable if not used on the date or for the transport or services specified. We may charge cancellation fees or make refunds in Our absolute discretion. Not all services or fare types are necessarily available to all passengers.
1.11 The passenger acknowledges receipt of the Ticket for related charges described therein. If this Ticket is purchased with a credit card the passenger 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.
1.12 You do not have, and no agent, servant or representative of Alliance has, authority to alter, modify or waive any provision of these Terms and Conditions.
1.13 Any provision of these Terms and Conditions which is prohibited or unenforceable in any jurisdiction is, as to that jurisdiction, ineffective to the extent only of the prohibition or unenforceability without invalidating the remaining Terms and Conditions or affecting their validity or enforceability in any other jurisdiction.
1.14 These Terms and Conditions, Tickets (wherever issued) and Carriage or services supplied thereunder are governed by the laws for the time being in force in Queensland. 2. Baggage
2.1 Checked baggage will be delivered to bearer of the baggage check.
2.2 Checked Baggage Limits
The total linear dimensions (i.e. Length plus Width plus Height) of any item of baggage must not exceed 158cm. Maximum acceptable weight of any single item is 32 kg., however some ports throughout our network impose reduced weight limits based upon local OHS policies. Any Item of baggage exceeding the size or weight limit will not be accepted at passenger check-in.
2.3 Free Checked Baggage Allowance
In addition to approved cabin baggage, each Passenger occupying a paid seat travelling on Alliance Airlines domestic or international services is entitled to the following free baggage allowances: F100 Aircraft
Economy Class 20kg F70 Aircraft
Economy Class 20kg F50 Aircraft
Economy Class 16kg
2.4 Excess Baggage
Charges apply for any weight in excess of the Alliance Airlines free baggage allowance. The rates are $15 per kilogram.
2.5 Excess Baggage Carriage Restrictions
Excess baggage is carried subject to space availability and hence may not be carried on the same service as You. Excess baggage is only carried to the airport specified on the Alliance Airlines baggage tag. You are responsible for collection of excess baggage and/or any other related delivery expenses
2.6 Excess Baggage Limit
Total baggage exceeding 100kg will not be accepted as excess baggage. Such consignments must be processed at a Cargo outlet at the applicable cargo rate.
2.7 Free Baggage Entitlements When Connecting to Another Carrier
When connecting with an International carrier's service, passengers holding a ticket for international carriage (being for Carriage between two or more countries) are entitled to the IATA standard checked baggage allowance (weight system), in respect to the Alliance component of the itinerary. Baggage in excess of the Alliance weight allowance up to the IATA standard checked baggage allowance is carried free of charge subject to space availability and hence may not be carried on the same service as the passenger.
2.8 Cabin Baggage
Each fare paying Passenger is entitled to carry on board (unless We direct such be stowed in the aircraft hold) the following; F100 Aircraft
Maximum of two pieces of baggage NOT exceeding 7kg combined weight. F70 Aircraft
Maximum of two pieces of baggage NOT exceeding 7kg combined weight. F50 Aircraft
One piece NOT exceeding 5kg.
The pieces of ALL items shall not exceed 23cm depth, 34cm height and 48 cm length.
2.9 Valuable Items
We will not be liable for loss or damage to or delay in the delivery of delicate, brittle, fragile or perishable items, money, jewellery, precious metals, securities, passports, title deeds, artefacts, manuscripts or other valuables (including but not limited to cameras, videos, laptops and other electronic equipment) which are included in Your checked baggage whether with or without Our knowledge.
Valuable items should be carried on your person or in your carry]on baggage and under Your care. If the aforementioned items are checked in as baggage, You agree that those items shall be at their own risk and shall indemnify and hold Us harmless for any loss in respect thereof. 3. Dangerous Goods, Prohibited Goods and Restrictions
3.1 We will not carry, and You must not include in Your hand or checked baggage or otherwise attempt to bring on board, goods or items which are prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over; goods or items likely to endanger the aircraft or persons or property on board the aircraft, or items that may become dangerous or are dangerous, such as those specified in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, or the International Air Transport Association (IATA) Dangerous Goods Regulations or the Our policies or regulations. Further information is available on request.
Without limiting the above, the following types of restricted articles are examples of articles which must not be carried in Your baggage. If You have any doubt about what You may carry please request more information from Us before you travel.
- Compressed gases e.g. refrigerants, flammable and poisonous such as butane and aqualung cylinders.
- Corrosives e.g. acids, alkaline, 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 2 kg).
- Firearms and weapons of any type such as blades, knives, sharp items are not permitted in the cabin but may be allowed by the Carrier as checked baggage under certain circumstances.
- Live animals except as allowed under certain circumstances.
You must not tender dangerous goods or potentially dangerous goods for Carriage as baggage and must indemnify Us and hold Us harmless for any loss, claim or damage suffered by Us or third parties caused by your carriage of such goods.
We reserve the right to determine what items are unsuitable for Carriage because they are dangerous, unsafe or because of their weight, size, shape or character, or which are fragile or perishable.
We may do what whatever we consider appropriate in dealing with such goods which includes destroying, abandoning and/or retaining as evidence any such goods. Your attention is drawn to signage throughout Departure terminals for more information. Please direct any enquiries for further assistance to Us. 4. Liability of Alliance
4.1 Except as otherwise provided by these Terms and Conditions, or by applicable law that cannot be excluded: (a) We 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 our acts or omissions, including negligence or any other cause, in connection with provision or non]provision of any Carriage, transport or service; and
(b) We are not liable for inaccuracy in any information concerning Carriage, transport, services or pricing.
4.2 Our liability for breach of any provision of or term implied by Division 1 of Part 3]2 of the Australian Consumer Law (Commonwealth) or equivalent State legislation shall not exceed resupply of the service in question or payment of the cost of resupply.
4.3 Our liability in the course of providing Domestic Carriage is subject to and limited by the provisions of the Civil Aviation (Carriers Liability) Act 1959 of Commonwealth of Australia, as amended, complementary State legislation and these Terms and Conditions to: AUD$1,600 in respect of destruction, loss or damage to a Passengerfs Checked Baggage; AUD$160 in respect of destruction, loss or damage to a Passengerfs Carry]on Baggage; and AUD$500,000 in respect of personal injury or death of a Passenger.
4.4 Any claim for damage in relation to one or more items contained in checked or carry]on baggage must be made in writing to Us within 3 days of Your receipt of the damaged or remaining Baggage. Claims in relation to the whole of an item of checked baggage must be made in writing to Us within 21 days of the date on which the relevant Carriage occurred.
4.5 Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin are advised that international treaties known as the Montreal Convention, or its predecessor, the Warsaw Convention including its amendments, may be applicable to the entire journey, including any portion entirely within the country of origin or destination. For such passengers the applicable treaty, governs and may limit Our liability.
4.6 Further information may be obtained from Us as to the limits applicable to Your journey. If your journey involves Carriage by different carriers, you should contact each carrier for information on the applicable limits of liability.
4.7 Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance may not be affected by any limitation of liability under these Terms and Conditions or the Warsaw Convention or Montreal Convention. For further information, please consult your travel agent or insurance company representative. 5. Notice of Government Imposed Taxes and Fees
5.1 The price of this Ticket may include taxes and fees which are imposed on air transportation by government authorities or by operators of airports. 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. 6. Government Requirements
6.1 You must comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by the time fixed by Us or, if no time is fixed, early enough to complete departure procedures.
6.2 In accordance with applicable laws, smoking is not permitted on Australian domestic flights, in Australian airport terminals and on certain carrier's international services. The Civil Aviation Act 1988 (Commonwealth), the Civil Aviation Safety Regulations 1998 and the Civil Aviation Regulations 1998 contain rules for passenger conduct to ensure safe air travel. You must comply with those rules at all times. 7. In-flight Well-Being
7.1 To ensure Your well]being in]flight we recommend that You consult your doctor before you travel if you have any concerns about any medical condition which might affect you during a flight.
7.2 Deep Vein Thrombosis has been identified in some studies as partially attributable to long periods of immobility. Should You have any concerns in this regard contact your doctor prior to any flight for more information.
7.3 We do not represent that air travel is safe at any particular point during a pregnancy. If You are pregnant it is best to contact Your doctor prior to travel as in some instances medical clearance is required and mandatory after 36 weeks gestation.
7.4 Should You require any special facilities / services in relation to a flight, due to a disability or otherwise, You must specify those requirements at the time of purchasing the Ticket as there may be restrictions applicable or extra charges payable. 8. Dress Standards
8.1 You must conform to the following minimum standard of dress on all flights:
9. Privacy / Personal Information
- Footwear - All adults and children who are capable of walking must wear suitable footwear.
- Shirt (singlets are not acceptable)
- No clothing displaying offensive language or symbols.
9.1 We collect personal information about You to provide You with Carriage and other services and goods, process your travel arrangements, conduct marketing activities or analysis and for immigration, customs control, security, safety and health, accounting, administrative and legal reasons including mandatory requirements under Australian civil aviation laws. The collection of the personal information You have provided to Us or to our authorised agents to effect your reservation is governed by privacy laws. For these purposes, You authorise Us and our authorised agents to retain Your personal information and to disclose it to:
- to airport management and security, customs, the Civil Aviation Safety Authority or an international equivalent, government agencies or departments;
- our contractors and related bodies corporate, Carrierfs and other companies involved in providing your transportation or related services and facilities, travel agents, credit or credit reporting companies and business associates.
10.1 A Ticket is valid for Carriage for one year from date of issue, except as otherwise provided or referred to in the Ticket or these Terms and Conditions. We may refuse transportation if the applicable fare has not been paid. 11. Schedules, Cancellation of Flights
11.1 We undertake to use Our best efforts to carry You and Your baggage with responsible dispatch and to adhere to published schedules in effect on the date of travel.
11.2 If due to circumstances beyond Our control We cancel or delay a flight, are unable to provide previously confirmed space, fail to stop at Your stopover or destination point, or cause You to miss a connecting flight on which You hold a reservation, We shall, at Our option: (a) carry You on another of Our scheduled passenger services on which space is available; or (b) re]route You to the destination indicated on the Ticket or applicable portion thereof by Our own scheduled services or the scheduled services of another carrier, or by means of surface transportation. If the sum of the fare, excess baggage charge and any application service charge for the revised routing is higher than the refund value of the Ticket or applicable portion thereof, We shall charge You no additional fares or charges, and shall refund the difference if the fare and charges for the revised routing are lower; or (c) make a refund in accordance with the provisions of Article 13, and, upon provision of the above, We shall be under no further liability to the passenger.
11.3 Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. We may without notice substitute alternative carriers or aircraft, and may omit stopping places shown on the Ticket in case of necessity. Schedules are subject to change without notice. Except as expressly set out in these Terms and Conditions, We assume no responsibility for any delay or cancellation including making connections. We advise passengers to check our website or contact Us directly prior to a flight in relation to any changes to schedules.
11.4 Except as expressly set out in these Terms and Conditions, We have no responsibility for consequential or indirect costs or losses resulting from diversion, substitution, alteration, cancellation or delay of transport or services, or from delay of baggage.
11.5 If You are landed at a place other than Your specified destination, We will make all reasonable efforts to transport You to that destination, but with no obligations as to time, date or means of transport. 12. Refunds
12.1 If We fail to provide Carriage in accordance with Your Ticket, or where You request a voluntary change of Your arrangements, We may refund an unused Ticket or portion thereof in accordance with this Article and with Our Regulations, but subject to any applicable fees and charges or Ticket or fare restrictions.
12.2 Person to whom refund will be made (a) Except as provided in this Article, We shall be entitled to make a refund either to the person named in the Ticket, or to the person who paid for the Ticket upon presentation of satisfactory proof. (b) If a Ticket has been paid for by a person other than the Passenger named in the Ticket and We has indicated on the Ticket that there is a restriction on refund, We shall make a refund only to the person who paid for the Ticket or to that personfs nominated payee. (c) Except in the case of lost Tickets, refunds will only be made on surrender to Us of the Ticket. (d) A refund made to anyone presenting the Ticket and holding himself or herself out as a person to whom refund may be made in terms of (a) and (b) shall be deemed by Us to be entitled to a refund, and a refund made to that person shall discharge Us from liability and any further claim for refund.
12.3 Refunds of Tickets or unused portions of Tickets shall otherwise depend on the conditions relating to the particular Ticket or fare. 13. Compliance
13.1 You must comply with these Terms and Conditions, all laws and regulations and with Our instructions and the instructions of Our representatives, including but not limited to those related to safety and security or behaviour that may adversely affect safety and security. You must also submit to reasonable searches of Your person and baggage by Our representatives or other authorised persons. Your failure to comply with this Article may result in Our refusal to allow You to board an aircraft or Your removal at any time after boarding and may also, depending on fare type, result in Your Ticket being ineligible for a refund.
13.2 If, in Our opinion You are in breach of any of these Terms and Conditions, are 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, You 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. We RESERVE THE RIGHT TO REFUSE CARRIAGE TO ANY PERSON WHO IS OR HAS VIOLATED THESE TERMS AND CONDITIONS OF CARRIAGE, OUR TARIFFS, RULES OR REGULATIONS.