Terms and Conditions - Alliance Airlines

Terms and Conditions of Carriage

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.

General Conditions
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 “transportation”,

“Carrier” means all air carriers that carry the passenger or his baggage hereunder or perform any other service incidental to such air carriage.

“electronic ticket” or “E-ticket” means the Itinerary/Receipt issued by or on behalf of Carrier, the electronic coupons and, if applicable, a boarding document,

“Montreal Convention” means the Convention for the Unification of Certain Rules for International Carriage by Air adopted in Montreal in 1999.

“Ticket” shall be understood to include an your E-Ticket Customer Receipt and all documentation issued to you of which these conditions and the notices 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,

1. These conditions also apply to gratuitous and reduced fare carriage.
2. 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.
3. Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not “International carriage” as defined by these Conventions.
4. To the extent not in conflict with the foregoing carriage and other services performed by each carrier are subject to:
  1. Provisions contained in the ticket;
  2. Applicable International Conventions and tariffs;
  3. Carrier’s conditions of carriage and related regulations;
  4. Any written or oral directions to the extent not inconsistent with the ticket and carrier’s conditions of carriage.
5. Carrier’s name may be abbreviated in the ticket, the full name and its abbreviation being set forth in carrier’s tariffs, conditions of carriage, regulations or timetables; agreed stopping places are those places set forth in this ticket or as shown in carrier’s timetables as scheduled stopping places on the passenger’s route; carriage to be performed hereunder by several successive carriers is regarded as a single operation.
6. An air carrier issuing a ticket for carriage over the lines of another air carrier does so only as its agent.
7. 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. 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 the passenger.
8. Any money received for a Ticket by an agent issuing it (”Agent”) is received in trust for the issuing airline. The issuing airline does not receive this money as agent for any other Carrier. The Agent is not for any other purpose agent of any Carrier.
9. Carriers are not common carriers and may refuse to carry any person or goods without any obligation to provide reasons for such refusal.
10. Each Carrier is responsible only for transport or services provided by it and has no liability for any other transport or services.
11. This Ticket is not transferable. There is no obligation to provide any transport or services under this Ticket unless satisfactory proof of identity is produced (namely a driver’s licence or similar form of photographic identification) by the purchaser of the Ticket (”Purchaser”) when checking in to board a flight.
12. If the passenger alters or cancels transport or services or their sequence, the ticketed fare structure may become inapplicable. Under certain fare structures this Ticket may become valueless and not refundable if not used on the date or for the transport or services specified; Passenger and Purchaser each then agrees to pay full fares and prices. The issuing airline may charge cancellation fees or make refunds in its absolute discretion. Not all services or fare types are necessarily available to all passengers.
13. 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.
14. The carrier may, without notice, substitute means of transport or service suppliers. These conditions apply to any substituted or altered transport or services.
15. No agent, servant or representative of carrier has authority to alter, modify or waive any provision of these conditions.
16. If any condition fails to have all, some or any effect, or causes any other term to fail to have any effect, it shall be read down or severed to preserve the rest of these conditions.
17. Wherever it is issued, this Ticket and carriage or services supplied thereunder are governed by the laws for the time being in force in Queensland.
Baggage
1. Checked baggage will be delivered to bearer of the baggage check.
2. Checked Baggage LimitsThe 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.
  
  Any Item of baggage exceeding the size or weight limit will not be accepted at passenger check-in.
3. Free Checked Baggage AllowanceIn addition to approved cabin baggage, each customer 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
  
  F50 Aircraft
  
  Economy Class 20kg
4. Excess BaggageCharges apply for any weight in excess of the Alliance Airlines free baggage allowance; rates may vary between different sectors. Further details can be obtained from any Alliance Airlines office.
5. Excess Baggage Carriage RestrictionsExcess 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 Alliance Airlines baggage tag. The passenger is responsible for collection of excess baggage and/or any other related delivery expenses.
6. Excess Baggage LimitTotal baggage exceeding 100kg will not be accepted as excess baggage. Such consignments must be processed at a Cargo outlet at the applicable cargo rate.
7. Free Baggage Entitlements When Connecting to Another CarrierWhen connecting with an International carrier’s service, and holding an International ticket passengers are entitled to the IATA standard checked baggage allowance (weight system), in respect to the Alliance Airlines component of the itinerary. Baggage in excess of the Alliance Airlines weight allowance is carried free of charge subject to space availability and hence may not be carried on the same service as the passenger.
8. Cabin BaggageEach fare paying passenger is entitled to carry on board (unless the Carrier directs such be stowed in the aircraft hold) one piece not exceeding depth 23cm, height 34cm and length 48cm; and not exceeding a total weight of 5kg.
9. Valuable ItemsAll baggage should be locked. Items of value – such as money, jewellery, precious metals, lap top computers and cameras, negotiable papers, securities, business documents or the like – should only be carried on your person or in cabin baggage under your care. Alliance Airlines is not liable for loss or damage resulting from inherent defect, quality or service of goods carried.
Dangerous Goods, Prohibited Goods and Restrictions
1. For safety reasons, 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 regulations of Alliance the must not be carried as hand carried or checked in baggage. Further information is available on request.

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 Alliance Airlines 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 liters 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.

Passengers shall not tender dangerous goods or potentially dangerous goods for carriage as baggage.

Carriers 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.

Carriers may do what whatever it considers 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 Alliance.

Liability of Carrier
1. Except as otherwise provided by these conditions, or by applicable law:
  1. Carriers 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 other cause, in connection with provision or non-provision of any transport or service: and
  2. No agent or Carrier is liable for inaccuracy in any information concerning transport, services or their pricing.
2. Any liability of a Carrier for breach of any provision of or term implied by Division 2 of Part V of the Trade Practices Act 1974 (Commonwealth) or equivalent State legislation shall not exceed resupply of the service in question or payment of the cost of resupply.
3. Carriage which is wholly within the Commonwealth of Australia is not international carriage as defined by the Montreal or Warsaw Convention, is subject to the provisions of the Civil Aviation (Carriers Liability) Act 1959 of Commonwealth of Australia as amended or complementary State legislation and the liability of the carrier in respect to the death of or injury to any passenger is limited to the sum of $A500,000 and in respect of baggage limited to the sum of $A1,600, and a maximum of $A160 for baggage other than checked baggage.
4. 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 the liability of the carrier.
5. Further information may be obtained from the carrier 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.
6. Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier’s liability under the Warsaw Convention or such special contracts of carriage. For further information, please consult your travel agent or insurance company representative.
Notice of Government Imposed Taxes and Fees
1. 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.
Government Requirements
1. Passengers 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.
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 (Commonwealth) and the Civil Aviation Regulations contain rules for passenger conduct to ensure safe air travel. Passengers must comply with those rules at all times.
In-flight Well-Being
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.
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.
3. If you are pregnant it is best to contact your doctor prior to travel as in some instances medical clearance is required.
4. Should you require any special facilities 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 incurred.
Travel Times
1. A ticket is good for carriage for one year from date of issue, except as otherwise provided in the ticket, conditions of carriage, or related regulations. Carrier may refuse transportation if the applicable fare has not been paid.
Schedules, Cancellation of Flights
1. Carrier undertakes to use its best efforts to carry the passenger and his or her baggage with responsible dispatch and to adhere to published schedules in effect on the date of travel.
2. If due to circumstances beyond its control Carrier cancels or delays a flight, is unable to provide previously confirmed space, fails to stop at a passenger’s stopover or destination point, or causes the passenger to miss a connecting flight on which the passenger holds a reservation, Carrier shall :
  1. carry the passenger on another of its scheduled passenger services on which space is available; or
  2. re-route the passenger to the destination indicated on the ticket or applicable portion thereof by its 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, Carrier shall require no additional fare or charge from the passenger, and shall refund the difference if the fare and charges for the revised routing are lower; or
  3. make a refund in accordance with the provisions of Article 10 and shall be under no further liability to the passenger.
3. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Carrier 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. Carrier assumes no responsibility for any delay or cancellation including making connections.
4. Subject to these conditions, Carriers have no responsibility for consequential costs or losses resulting from diversion, substitution, alteration, cancellation or delay of transport or services or from loss or delay of baggage.
5. If Passengers are landed at a place other than the specified destination, the Carrier will make all reasonable efforts to transport them to that destination but with no obligations as to time, date or means of transport.
Refunds
1. On failure by Carrier to provide carriage in accordance with the contract of carriage, or where the passenger requests a voluntary change of his or her arrangements, refund for an unused ticket or portion thereof shall be made by Carrier in accordance with this Article and with Carrier’s Regulations but subject to any applicable ticket or fare restrictions.
2. Person to whom refund will be made:
  1. Except as hereinafter provided in this Article, Carrier shall be entitled to make refund either to the person named in the ticket, or to the person who has paid for the ticket upon presentation of satisfactory proof.
  2. If a ticket has been paid for by a person other than the passenger named in the ticket, and Carrier has indicated on the ticket that there is a restriction on refund, Carrier shall make a refund only to the person paying for the ticket or to that person’s order.
  3. Except in the case of lost tickets, refunds will only be made on surrender to Carrier of the passenger coupon or passenger receipt and surrender of all unused flight coupons.
  4. A refund made to anyone presenting the passenger coupon or passenger receipt and all unused flight coupons and holding himself or herself out as a person to whom refund may be made in terms of (a) and (b) shall be deemed a proper refund and shall discharge Carrier from liability and any further claim for refund.
3. Refunds of tickets as unused portions of tickets shall otherwise depend on the conditions published in respect of the particular ticket or fare.
Compliance
1. Passengers must comply with all laws and regulations and with the instructions of the carrier and its representatives, including but not limited to those related to safety and security and behaviour that may adversely affect safety and security. Passengers must submit to reasonable searches of their persons and baggage by either staff of a Carrier or other authorized persons. Failure to do so may result in refusal to allow you to board an aircraft or removal at any time after boarding.
2. If, in the opinion of a representative of the carrier, the Passenger is in breach of these conditions 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.

CARRIER RESERVES THE RIGHT TO REFUSE CARRIAGE TO ANY PERSON WHO IS OR HAS VIOLATED THESE CONDITIONS OF CARRIAGE, CARRIER’S TARIFFS, RULES OR REGULATIONS.