Conditions of Carriage

1. Definitions of Expressions Used

Term	Definition
Agreed Stopping Places	means a scheduled stop between the place of departure and the place of destination specified on the Ticket
Airline Designator Code	means the two or three characters or three letters which identify particular Carriers
Authorised Agent	means a licensed passenger sales agent who represents Us in the sale of air passenger transportation on Our services
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 which is included in Your fare as stated in 7.1 for travel on Our services
Baggage Check	means those parts of Your Ticket or other documents issued by Us or an Authorised Agent which relate to the carriage of Your Checked Baggage
Baggage Identification Tag	means the numbered document issued to You that corresponds to the tag attached to each item of Checked Baggage for the purpose of identifying the Checked Baggage
Cabin Baggage	(sometimes referred to as carry-on or unchecked baggage) means any of Your Baggage other than Checked Baggage. (You take Your Cabin baggage into the cabin of the aircraft with You)
Carrier	means an air carrier
Checked Baggage	means that part of Your Baggage, including any Excess Baggage, which we have taken into Our custody and for which we have issued a Baggage Identification Tag or Baggage Check or both
Check-In Deadline	means the time limit specified by the airline by which You must have completed check-in and received Your boarding pass
Codeshare	means a flight where the Airline Designator Code in the flight number is not the Airline Designator Code of the Carrier operating the aircraft
Conditions of Carriage	means these Conditions of Carriage and includes the conditions of contract or key conditions of carriage set out in Your Ticket
Convention	means whichever of the following apply: the Montreal Convention (1999) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention) the Warsaw Convention as amended at The Hague on 28 September 1955 the Warsaw Convention as amended at The Hague and by Additional Protocol No. 1, 2 or 4 of Montreal (1975) the Guadalajara Supplementary Convention (1961) any other applicable protocols or conventions and any enabling legislation.
Days	means all seven days of the week. For the purpose of notification, the day upon which the notice is dispatched is not counted. For the purpose of the Validity Period, the day on which the Ticket is issued is not counted
Domestic Carriage	means travel in which the place of departure and the place of destination are both situated in the same country and there is no Agreed Stopping Place outside that country
Electronic Ticket	means the electronic booking record made by Us or an Authorised Agent, which is held in our database
Event Beyond Your Control	means an unusual and unforeseen circumstance which You cannot control and the consequences of which You could not have avoided
Excess Baggage	means any baggage in excess of the applicable free Checked Baggage Allowance, for which we or other Carriers on which You are travelling may ask You to pay an excess baggage charge
Flight Coupon	means either that part of the Ticket that reads "good for passage", or, in the case of an Electronic Ticket, the record in Our database that indicates the particular places between which You are entitled to be carried
International Carriage	means travel between two or more countries including any flights within those countries where they are combined with any international flights
Itinerary/Receipt	means a document or documents we or Our Authorised Agents issue to passengers travelling on Electronic Tickets which includes the passenger’s name, flight information and notices
Passenger	means any person with a Ticket who is carried or is to be carried on an aircraft, except members of the crew
Passenger Coupon	means that part of the Ticket which is marked as such and which is for You to retain, unless You are submitting the Ticket for a refund
Qantas, We, Us, Our, Ourselves	for the purposes of these Conditions of Carriage means Qantas Airways Limited (ABN 16 009 661 901) and Qantas' regional airlines operating in Australia under the QantasLink brand and domestic flights in New Zealand operated by Jetconnect Limited, unless otherwise specified by reference to different conditions applying to travel on QantasLink or Jetconnect services. These Conditions of Carriage do not apply to Jetstar services.
Qantas Frequent Flyer Award	means a Ticket issued in exchange for the redemption of Frequent Flyer points in accordance with the Qantas Frequent Flyer Program Terms and Conditions
Special Drawing Rights (or SDRs)	means the composite unit of currency that is the official unit of exchange of the International Monetary Fund. (As a rough guide, 1 SDR equates to approximately AU$1.90 or NZ$2.00, but this will fluctuate depending on exchange rates.)
Stopover	means a deliberate interruption of a journey by the passenger, at a point between the place of departure and the place of destination, which has been agreed to in advance by the Carrier
Tariff	means the fares, fare rules, charges or Conditions of Carriage that We file with airline global distribution systems, in Our own reservations system, or in certain instances, with Government authorities
Ticket	means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket issued by Us or an Authorised Agent on behalf of Us and includes all printed terms, conditions and notices. It also includes any other tickets issued simultaneously and in conjunction with the first ticket, as part of the same itinerary which together constitute a single contract of carriage
Validity Period	means the period for which Your Ticket is valid as further explained in 6.6
We, Us, Our, Ourselves	see the definition of Qantas
You, Your, Yourself	see the definition of Passenger

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2. When These Conditions Of Carriage Apply

2.1 Application of Conditions of Carriage

Except as provided in 2.4, 2.5 and 2.9, these Conditions of Carriage apply to:

• travel on Our flights wholly within Australia
• travel on Our flights wholly within New Zealand, and
• travel on Our international flights,

Which are those flights, or flight segments, where 'Qantas' or Our Airline Designator Code 'QF' is shown in the 'Carrier' box of Your Ticket, and in any case where We have a legal liability to You in relation to Your flight.

2.2 Gratuitous or Reduced Fare Carriage

These Conditions of Carriage also apply to gratuitous and reduced fare carriage, except to the extent that We have told You otherwise, and Qantas Frequent Flyer Award travel.

2.3 Basis of Carriage

The carriage of a Passenger on any flight by Qantas under the QF Airline Designator Code is, without exception, subject to:

• these Conditions of Carriage
• any applicable Tariffs filed by Us with regulatory bodies
• the Convention, Australian laws and/or New Zealand laws, as applicable, and any other applicable laws
• any specific directions given to a Passenger in writing, or orally by Our staff, and
• the fare rules or Qantas Frequent Flyer Award redemption rules, as applicable

2.4 Overriding Law

These Conditions of Carriage are applicable unless they are inconsistent with any Tariffs or applicable laws which apply to Your carriage with Us, in which event the Tariffs or laws will apply.

In respect of any services We may provide other than carriage, certain statutory warranties may be implied for the benefit of consumers. The nature and application of these warranties will depend on the relevant jurisdiction. Where those warranties apply, if We breach them You may be entitled to make a claim against Us.

2.5 Read Down

If any of these 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 Conditions of Carriage and the other conditions will remain valid.

2.6 Cannot Vary

No Qantas employee or other person is authorised to vary any of these 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.

2.7 Conditions Prevail Over Special Procedures

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

Subject to 2.4, if any of these Conditions of Carriage is inconsistent with any special procedures We may have (e.g. for the carriage of unaccompanied minors, passengers with limited mobility), these Conditions of Carriage will prevail to the extent of any inconsistency.

2.8 Consumer Guarantees Act (New Zealand)

(a) If You are acquiring New Zealand Domestic Carriage services for business purposes for which these Conditions of Carriage apply, the provisions of the Consumer Guarantees Act 1993 (New Zealand) shall not apply to such services.

(b) Except as provided in 2.8(a), nothing contained in these Conditions of Carriage shall affect any rights You may have under the Consumer Guarantees Act 1993 (New Zealand) if it is applicable.

2.9 Charter Operations

If carriage is performed by Us under a charter agreement (hire arrangement), these Conditions of Carriage apply unless Passengers are advised otherwise by or on behalf of the charterer prior to boarding the aircraft.

2.10 Additional Services or Other Forms of Transportation

(a) If We make arrangements for You with any third party to provide any services other than carriage by air, 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 Your agent. The terms and conditions of the third party service provider will apply. (See also 6.12).

(b) If We are also providing non-airline transportation to You, Our 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.

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3. General

3.1 Preparing to Travel

Travel advisory services are not included in the price of Your Ticket. You alone are responsible for making all necessary arrangements for Your travel and ensuring that You comply with all laws, regulations and orders of the places You will travel to, such as:

• finding out from relevant consulates whether You need a passport, visa or other travel document, health document or evidence of onward travel
• obtaining those documents
• obtaining inoculations, and
• finding out about dangers to Your health and safety at Your destination and any Stopover (see 3.2).

If We provide assistance for any of the above aspects of Your travel, this does not release You from Your responsibility in respect of these matters.

3.2 Destination - Passenger Enquiries

You should enquire about any local issues and conditions at Your destination(s) prior to commencing travel. We make no representations as to the safety, conditions or other issues that may exist at any destination. Travel advice can be obtained from various sources, including local governments, local consular offices and the website of the Australian Department of Foreign Affairs and Trade, the New Zealand Ministry of Foreign Affairs and Trade, or the U.S. Bureau of Consular Affairs.

3.3 Travel Insurance

Because travel involves many risks, and Our liability to You is limited, it is recommended that You purchase travel insurance, which can cover things like:

• lost Tickets
• changes in travel plans and travel cancellation (see also 5.4 and 9.2)
• medical and hospital expenses
• repatriation costs for You and Your travel companions
• personal injury and death
• delayed, damaged or lost Baggage and other items

3.4 Codeshares

We have arrangements with other Carriers known as 'Codeshares'. This means that even if You have made a reservation on Us and hold a Ticket for a Qantas flight (ie, a flight with a QF Airline Designator Code), You may travel on another Carrier's aircraft.

If such arrangements apply to Your flight, We will advise You of the Carrier operating the aircraft at the time You make a reservation. The Conditions of Carriage of the Carrier whose flight number appears on Your Ticket will apply to Your Codeshare flight.

3.5 Health

(a) We may refuse to carry You if We, acting reasonably, are not completely satisfied that it is safe for You to fly. Before You make a reservation 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.

(b) Deep vein thrombosis (DVT): Some studies have concluded that prolonged immobility may be a risk factor in the formation of clots in the legs, DVT. If You feel You may be at risk from DVT or other health problems, We recommend You consult with Your doctor before travel. Information on health issues can be found:

• online at Your Health Inflight
• in the 'Onboard Information' pages of Our inflight magazine - Qantas The Australian Way
• onboard Our aircraft through Our entertainment system

(c) Pregnancy: If you are pregnant and:

• You have a normal pregnancy and Your travel includes International Carriage, all of Your travel must be completed by the end of the 36th week of Your pregnancy. There must be 28 Days between the date travel is completed and the date on which You are due to give birth. You must also carry a letter from a registered/licensed medical practitioner stating that Your pregnancy is progressing normally, and specifying the date on which You expect to give birth
• You have a normal pregnancy and Your travel is Domestic Carriage (wholly within Australia or wholly within New Zealand), no medical clearance is required
• You have a complicated pregnancy, medical clearance is required for both Domestic Carriage and International Carriage
• You have an uncomplicated multiple pregnancy, medical clearance is not required for International Carriage provided travel is completed by the end of the 32nd week of pregnancy. There must be 56 Days between the date of travel is completed and the date on which You are due to give birth. You must carry a letter from a registered/licensed medical practitioner stating that Your pregnancy is progressing normally, and specifying the date on which You expect to give birth
• You have an uncomplicated multiple pregnancy and Your travel is Domestic Carriage (wholly within Australia or within New Zealand), medical clearance is not required provided travel is completed by the end of the 36th week of pregnancy. There must be 28 Days between the date travel is completed and the date on which You are due to give birth. You must carry a letter from a registered/licensed medical practitioner stating that your pregnancy is progressing normally and specifying the date on which You expect to give birth
  

  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. The periods referred to are only Our minimum requirements.

3.6 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, other Carriers, travel service providers, organisations which provide services to Us, such as collecting commissions for more details see Our Privacy Statement, 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. You may be required by government regulations or laws to provide specific personal data or information to Us, including information 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 in writing at Level 9, Building B, 203 Coward Street, Mascot NSW 2020, Australia.

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4. Reservations

4.1 When is a Reservation Made?

A reservation for a flight is made when recorded as accepted and confirmed by Us or an Authorised Agent. If you ask, We or Our Authorised Agent will provide you with written confirmation of Your reservation.

We do not accept any responsibility for any loss You may incur if You make arrangements for travel on Qantas through anyone other than Qantas or its Authorised Agent.

4.2 Specified Reservation

You will only be allowed to travel if You have a specified reservation, in a specified class of service and on a specified date and flight (subject to 10). If Your ticket is open-dated You will need to make a reservation prior to being allowed to travel.

4.3 Ticketing Time

Once You make a reservation, You or someone on Your behalf must pay for the Ticket before the specified ticketing time, as advised by Us or an Authorised Agent (see 5.5). If payment is not received on or before the specified ticketing time, We may cancel Your reservation.

4.4 Reconfirmation

Reconfirmation is not required for Our flights. However, You may need to reconfirm Your reservation on any other Carriers involved in Your journey. You should check the reconfirmation requirements with those other Carriers. If You fail to reconfirm when reconfirmation is required, the Carrier may decide to cancel Your reservation.

4.5 Changes to Reservations

We offer a choice of different fare types that are subject to different fare rules and are priced differently. Your reservation is subject to the fare rules applicable to the type of fare You choose. These are available to You at the time of booking. Please note the fare rules and in particular any change fees or restrictions that may apply.

Qantas may increase fees and charges from time to time by giving at least one month's notice of any such change by updating the Fare Guide.

Only Qantas or its Authorised Agent may change or cancel a reservation.

4.6 If You Are Late or Do Not Show Up for Your Flight

Refer to the fare rules of the fare You have purchased.

If You notify Us in advance (in accordance with any timeframes set out in Your fare rules) that You will not show up for the flight, We will not cancel any subsequent flight reservations on Your Ticket.

4.7 Seating Selection and Allocation

Although we will try to accommodate Your seating need or choice, We do not guarantee You any particular seat. We may need ti change your seat at any time, even after You have boarded the aircraft, as We may need to do this for operational, safety or security reasons.

If We need to ask You to downgrade for any reason, We will at Your Option:

• provide You with an appropriate refund of the difference in fares (or an appropriate credit of Qantas Frequent Flyer points in the event that You are travelling on a Qantas Frequent Flyer Award), or
• accommodate You on a reasonable alternative available flight on Our services

4.8 Special Assistance

If You require special assistance because:

• You are ill
• You have limited mobility
• You have a guide dog (see 5.3)
• You are pregnant
• You need special help, or
• You have a child who is to travel unaccompanied,

We will not refuse to carry You (or Your unaccompanied child) provided that:

• You have made prior arrangements with Us or Our Authorised Agent
• You have complied with any reasonable requests We may have, and
• We have agreed to provide special help

4.9 Special Meals

We will try to ensure that if You have requested a dietary or religious special meal when You make Your reservation, it is available (that is, if the service of special meals is available on Your selected flight). We will not, however, be liable to You for loss, expense, breach of contract or other damage should We, for any reason, be unable to supply such requested special meal.

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5. Fares

5.1 What Your Fare Covers

Your fare covers the flight(s) for You and Your Baggage Allowance:

• from the airport at the place of departure specified on Your ticket
• to the airport at the place of destination specified on Your ticket

We will work out the fare which applies under Our Tariff in effect on the date of payment for Your ticket for Your itinerary and dates of travel (see also 5.7).

5.2 What Your Fare Does Not Cover

Your fare does not include ground transport between one airport and another or between the airport and any other place.

5.3 Special Case of Guide Dogs

If You are sight or hearing impaired, Your fare also covers carriage of Your registered guide dog. However, You must notify Us of the requirement for Your guide dog to travel when You make Your reservation.

When You check-in, You must bring with You Your dog's certificate of registration as a guide dog, suitable dog food and all of the dog's valid health and vaccination certificates, entry permits, and all other documents required by any applicable law, regulation or order of the places to which You are travelling.

Guide dog carriage shall be subject to such other requirements as We may, acting reasonably, implement from time to time in relation to the carriage of guide dogs.

5.4 Cancellation Insurance

Some heavily discounted fares may be partly or completely non-refundable. You should choose the fare which best suits Your needs and consider taking out travel insurance which covers You in case You need to cancel Your reservation.

5.5 Buying Your Ticket

To buy Your Ticket You or someone on Your behalf must pay:

• the applicable fare
• any other applicable fees or charges, and
• all taxes imposed by governments (see 5.7)

(Note: The charges, surcharges and taxes included in Your fare or shown separately on Your ticket may not be levied by a government authority but may be airport operator or Carrier imposed. Details can be provided by Your travel consultant.)

5.6 Currency

You must pay any fares, charges and taxes in the currency of the country in which the Ticket is issued, unless We or Our Authorised Agent say You must use another currency at or before the time You pay (for example, because of the non-convertibility of the local currency). We may decide to accept payment in another currency.

5.7 Third Party charges and taxes

You may be required to pay additional charges, fees or taxes direct to third parties. For example, airport departure charges, fees or taxes may be levied directly on You at an international airport. Such amounts will not be marked on Your Qantas Ticket or Itinerary/Receipt.

If a government authority imposes or increases an unavoidable charge or tax on Your carriage before You travel, We will pass on that cost to You if permitted by law to do so.

For refunds of charges and taxes refer to 13.5.

5.8 Goods and Services Tax (GST) - Australia and New Zealand

Domestic fares purchased for travel within Australia or New Zealand that are not part of International Carriage may be subject to Australian or New Zealand GST. If GST is applicable, it will be included in the price of Your fare, although it may be shown separately on Your Ticket.

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6. Tickets

6.1 Ticket Essential

Your Ticket is the main evidence of Our contract with You, so even though You have a reservation for a flight, You may not board that flight without first obtaining a boarding pass by either:

• presenting at check-in a valid and intact Ticket issued in Your name and containing the Flight Coupons for that flight, all other unused Flight Coupons (including the Passenger Coupon) in that Ticket and any photo or other identification requested, or
• where a valid Electronic Ticket has been issued in Your name, checking-in and presenting photo identification (passport or Australian driving licence).

A valid Ticket/Electronic ticket is one issued by Us or an Authorised Agent and in respect of which the appropriate fare has been paid.

6.2 Ticket is Our Property

Your Ticket is Our property at all times if it was issued by Us or Our Authorised Agent. If it was issued by or on behalf of another Carrier, it is the property of that Carrier.

6.3 Ticket is a Valuable Document

You should treat Your Ticket as a valuable document and take all necessary precautions to prevent it being damaged, lost or stolen. If Your Ticket is lost or stolen, You should notify Us and, if away from home, the police as soon as possible.

6.4 Damaged, Lost or Stolen Tickets

If You ask Us, We will replace Your paper ticket with a new Ticket if:

• You have lost Your paper ticket or part of it, or Your paper ticket has been stolen
• Your paper ticket is spoiled, torn, damaged or has been altered or tampered with, or
• You do not have Your paper ticket with You and so cannot present it to Us

provided that:

• We or an Authorised Agent issued the original Ticket
• You prove You had a valid Ticket, and
• You sign an agreement to repay Us any reasonably incurred costs and losses, up to the value of the original Ticket, which We or another Carrier suffer as a result of the Ticket being misused

We will not claim from You any losses which result from Our own negligence. We may charge a reasonable administration fee for issuing a new Ticket unless the loss or damage was caused by Us or our Authorised Agents. If,

• You cannot prove that You had a valid Ticket, or
• You do not sign such an agreement to repay Us any reasonably incurred costs and losses as provided above

Then, We may ask You to pay up to the full Ticket price for a replacement Ticket. We will give You a refund (see 13.1) if and when We, acting reasonably, are satisfied that the original Ticket (issued by Us or an Authorised Agent) has not been used before its Validity Period expired (see 6.6). If You find the original Ticket before its Validity Period expires and give it to Us, then We will give You a refund at that time.

6.5 Ticket Not Transferable

Except to the extent required by law or provided under the applicable fare rules, a Ticket is not transferable to another person. If someone else presents Your Ticket for travel and We discover that that person is not You, We will refuse to carry that person. However, if We, acting reasonably, do not discover that the person is not You and as a result either carry the person or give them a refund, We:

• are not obliged to replace Your Ticket or give You a refund, and
• are discharged from all and any liability to provide You a refund

(See also 6.9 - Events Beyond Your Control.)

6.6 Ticket Valdity

International travel - unless the Ticket, these Conditions of Carriage or any Tariffs which apply say something different, a Ticket for International Carriage is valid for one year from the date of the first flight as long as Your first flight took place within one year of Your Ticket being issued, or if no part of the Ticket is used, from the date of issue of the Ticket.

Travel wholly within Australia or wholly within New Zealand - unless the Ticket provides otherwise, a Ticket for Domestic Carriage within Australia or within New Zealand is valid for one year from the date of issue of the Ticket.

Qantas Frequent Flyer award tickets - these tickets are valid for one year from the date of the first ticketed flight

6.7 Extended Validity Period: Due to Us

If You are prevented from travelling within the Validity Period because We:

• cancel Your flight
• fail to operate a flight reasonably according to the flight schedule
• omit a scheduled stop, being Your place of departure, place of destination or Stopover
• cause You to miss a connection on another Qantas flight, or
• are unable to supply You with a confirmed seat

We will extend the Validity Period. Alternatively, You may be entitled to a refund in accordance with 13.

6.8 Extended Validity Period: Due to You

a) If You become ill

If after having started Your journey:

• You become ill and Your illness prevents You from travelling on Your next ticketed flight within the Validity Period, and
• You want Us to extend the Validity Period so that You can continue Your journey

You must give Us a medical certificate. The certificate must state the nature of Your illness and confirm the date on which You will be fit to travel again. We will then book You on Our first flight on or after such date:

• from the point where Your journey is resumed
• on which space is available
• in the class of service for which the fare has been paid

If the Flight Coupons left on Your Ticket involve one or more Stopovers, We may extend the Validity Period up to a maximum of 3 months. If other members of Your immediate family were travelling with You when You fell ill, We will extend the Validity Period of their Tickets for a similar period.

(b) If Your travel companion dies

If a passenger dies during their journey and You are travelling in the same party as the deceased, We may decide to do either or both of the following:

• We will not enforce any minimum stay conditions which apply to Your Ticket
• We will extend the Validity Period of Your Ticket for not more than 45 Days after the date of death.

(c) If Your immediate family member dies

If You have started Your ticketed journey and a member of Your immediate family dies and You have provided Us with a valid death certificate, We may change Your Tickets and those of any other members of Your immediate family travelling with You by doing either or both of the following:

• We will not enforce any minimum stay conditions which apply to the Tickets
• We will extend the Validity Period of the Tickets for not more than 45 Days after the date of death

6.9 Events Beyond Your Control

If:

• You are travelling on private travel and not on business
• You have been prevented from travelling by Events Beyond Your Control, and
• all or part of the fare for Your Ticket is non-refundable

We will give You a credit for the non-refundable part of the fare for future travel on Us provided that You:

• have a completely unused Ticket
• have told Us promptly about the Events Beyond Your Control, and
• have given Us satisfactory evidence of these Events Beyond Your Control

The credit can be used for future travel on Qantas flights (ie, a flight with a QF Airline Designator Code if You were originally travelling on a QF flight)within 12 months of the date of original Ticket issue. We may deduct a reasonable service fee from the credit to cover Our administration costs.

6.10 Change to Travel Plans

If You have a partly used Ticket and You need to change Your travel plans because of Events Beyond Your Control, You must contact Us as soon as possible. We will use reasonable efforts to transport You to Your next Stopover or final destination without recalculating the fare.

6.11 Coupon Sequence

(a) The fare paid for Your Ticket has been calculated on the basis of the sequence of transportation shown in Your Ticket. We will not honour Your Ticket and it will no longer be valid if You do not use the coupons in that sequence.

(b) If You require a change to Your sequence of transportation, and Your fare allows it, a fare recalculation can be done and payment adjusted as necessary.

(c) If You need to change Your transportation due to Events Beyond Your Control, You must notify Us promptly and We will use reasonable efforts to transport You to Your next Stopover or final destination without recalculating the fare.

6.12 Ticket Issued for Carriage on Another Carrier

If We issue a Ticket for You to be carried on another Carrier's flight, or check in Baggage for carriage on another Carrier, We do so only as agent for that Carrier (but see 16.5(a)). The conditions of carriage of the other Carrier providing those services will apply.

6.13 Package Travel and Holiday Tours EC Directive (United Kingdom)

We or an Authorised Agent will, if You ask, issue a new Ticket to somebody else to replace Your Ticket if:

• Your Ticket is one to which the European Community Directive 90/314/EEC on Package Travel and Holiday Tours applies.
• You want to transfer Your booking under article 4.3 of the Directive
• You prove to Us or an Authorised Agent that You have satisfied the requirements of Article 4.3 of the directive and are entitled to transfer the booking
• You give Us or an Authorised Agent reasonable notice of Your intention to transfer the booking before Your date of departure of Your flight
• You give Us or an Authorised Agent the full name, address and contact number of the person to whom You want the new Ticket to be issued
• You deliver Your ticket to Us or an Authorised Agent, and
• You pay Us or an Authorised Agent a reasonable administration fee for issuing the new Ticket

6.14 Our Name and Address

Our name may be abbreviated to QF (Qantas or QantasLink) on the Ticket. Our address is 203 Coward Street, Mascot, New South Wales, 2020, Australia.

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7. Baggage

7.1 Baggage Allowance

You may carry a limited amount of Baggage without additional charge provided it complies with these Conditions of Carriage. The current allowances for Carry-on Baggage and Checked Baggage are set out on our website and may change. If a change in the applicable free Baggage allowance will affect your booked travel, we will give at least one month's notice of the change by updating the Baggage page on our website.

7.2 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 national or international law, regulation or order from being carried on any aircraft
• firearms (except see 7.3) and weapons of any type, including but not limited to knives, blades, or sharp items of any kind (except see 7.5)
• 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 items that may become or are dangerous, such as those items specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, or the International Air Transport Association (IATA) Dangerous Goods Regulations. Further information is available from Us on request
• items We reasonably determine are unsuitable for carriage because they are dangerous, unsafe or because of their weight, size, shape or character, or which are fragile or perishable
• animals (except if 5.3 or 7.7 apply)

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 without notifying You (see also 14.2).

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.

7.3 Firearms

We may agree to carry firearms and ammunition for hunting or sporting purposes as Checked Baggage. If We do, these must be packed in accordance with all applicable national and international laws and regulations. Our approval may be withheld at Our sole discretion. Applications for the carriage of firearms and ammunition for hunting or sporting purposes must be submitted at least 2 working days prior to Your anticipated departure date.

7.4 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 Conditions of Carriage, We will use all available defences against any claim in respect of any damage, loss or destruction of those items.

We will not accept any responsibility for items which are in Your personal care or control.

7.5 Restrictions on Cabin Baggage

All Cabin Baggage must comply with all applicable size and weight restrictions on Your Ticket and the Baggage Schedule (see 7.1(a)). You must not include in Cabin Baggage:

• knives, sharp objects or cutting implements of any kind and any length, whether of metal or other material, and some sporting goods (which are unsuitable for Cabin Baggage because of weight, size, shape or characteristics). Such items must be in your Checked Baggage. Passengers carrying needles will need to declare them at airport screening points. Medication should have a professionally printed label identifying the medication or manufacturer's name or pharmaceutical label affixed
• anything else that may be identified on Your Ticket as prohibited Cabin Baggage, or
• anything in excess of what is allowed in the class of service paid for

If You try to include any such item in Your Cabin Baggage, We may take it from You and either refuse to carry it or put it or ask You to put it in the hold as Checked Baggage.

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

7.6 Excess Baggage

You may not take on board more Cabin Baggage than the class of service paid for allows (see 7.1). If You check in with more Checked Baggage than the class of service paid for allows, We may:

• refuse that Excess Baggage, or
• accept that Excess Baggage for carriage (although We are not obliged to do so), and require You to pay a fee before boarding, or
• carry that Excess Baggage on a later flight, and require You to pay a fee

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 with Us on Your itinerary. Other airlines may also charge for Excess Baggage.

As the amount charged for Excess Baggage may vary from country to country, You should check with Us, Your travel agent or the relevant airline before You commence travel on Your itinerary.

7.7 Pet animals

For guide dogs, see 5.3. Other than pet dogs, cats or birds (which, except as provided below, may be carried as Checked Baggage), all other animals must be carried as freight.

If You are travelling domestically or internationally:

• You must notify Us when You make Your reservation that You wish to travel with Your pet animal. Some airports will require that Your pet travels as freight and some will allow carriage in the hold as Checked Baggage
• provided there are no safety or other reasons which would prevent Us from carrying Your pet animal, We will carry Your pet in the aircraft hold as Excess Baggage, however, You must supply proper crating and food for Your pet. If You fail to do this, We may decide not to carry Your pet
• You may be required to pay an Excess Baggage fee, and You must have with You valid health and vaccination certificates; entry, transit and exit permits; and all other documents required by any applicable law, regulation or order
• unless carrying the animal is covered by the liability rules of the applicable Australian or New Zealand legislation or the Convention, We shall not be responsible for injury to or loss, sickness or death of an animal unless We have been negligent
• We are not liable to You for any loss You suffer because You do not have the health and vaccination certificates, entry permits, transit permits, exit permits and other documents needed for Your animal. You must repay to Us any fines, costs, charges, losses or liabilities We, acting reasonably, have paid or suffered because You did not have these documents.

Carriage of Your pet may be subject to additional conditions specified by us.

7.8 Searches

Qantas, government or airport officers 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 Your self 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.

Except as otherwise provided by the Convention or other applicable laws if a search or screen causes damage to You, or a search, screening or x-ray causes damage to Your Baggage, We will not be liable for the damage unless it was caused by Our negligence or fault.

7.9 Declaration of Higher Limit

A passenger may be able to request a higher limit of liability by making a special declaration at check-in and paying a fee. Alternatively, passengers should ensure that their Baggage is fully insured prior to travel.

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8. Check In

8.1 Before Check In

You must ensure You have Your Ticket (or a booking reference for an Electronic Ticket), photographic identification, Baggage, all necessary travel documents and anything else You need to travel, and present them to Us at Our request.

8.2 Check-In Deadline

We or Our Authorised Agent will advise You of the Check-In Deadline for Your first flight with us.

You should ensure that You:

• have checked in by that Check-In Deadline to complete all departure formalities, and
• are at the boarding gate by no later than the time specified to You at check-in

For all Your other flights, You should find out what Check-In Deadline applies at Your airport of departure. You can ask Us or Our Authorised Agent for Our Check-In Deadlines.

8.3 At Check-In

At check-in We will issue Your boarding pass and Baggage Check and/or Baggage Identification Tag for any Checked Baggage. Keep these with You until You complete Your travel.

8.4 If You Are Late

If You arrive:

• late at check-in or the boarding gate (see 8.2), or
• without Your Ticket and all necessary travel documents

We may:

• cancel Your reservation
• refuse to carry You, and/or
• require You to pay a service fee to cover Our reasonably incurred administration costs

Except as otherwise provided in the Convention 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.

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9. Schedules, Late or Cancelled Flights

9.1 Schedules

(a) We will use Our reasonable endeavours to operate in accordance with Our published schedules. However, We do not guarantee the flight times and they do not form part of Your contract of carriage with us.

(b) Before We accept Your booking, We or Our Authorised Agent will tell You the scheduled departure time of Your flight and it will be shown on Your Ticket or Itinerary/Receipt. We may need to change the scheduled departure time of Your flight after Your Ticket has been sent to You. If You give Us or Our Authorised Agent contact information, We or they will use Our reasonable endeavours to let You know about any changes. In any event, prior to Your flight You should check to ensure Your flight times have not changed. You should check the flight departure and arrival information posted at the airport. Except as otherwise provided in the Convention or any applicable laws, We shall not be liable to You for any losses that You may incur if You fail to do so.

(c) If, due to circumstances within our control, after You buy Your Ticket, We make a significant change to the scheduled departure time of Your flight or the flight is cancelled, We will, at Your option:

• refund Your fare; or
• rebook You on the next available flight (or combination of flights) on Our services to your booked destination at no additional cost to You; and
• if the change or cancellation occurs on the day of scheduled travel, resulting in Your delay at the departure airport, We will provide You with meal and refreshment vouchers (or reimburse You for the reasonable costs of meals and refreshments if We do not provide vouchers)
• if Your travel is delayed overnight and You have already commenced travel on Your booking (ie You are at an 'away' port), We will use reasonable endeavours to assist You to find overnight accommodation or reimburse Your reasonable accommodation costs.

9.2 Late or Cancelled Flights (Except in Circumstances Beyond Our Control)

Where the delayed or cancelled flight is as a result of circumstances beyond our control, whether You have checked in or not, we will try to assist You to get to your destination or next stopover, but subject to the provisions of 6.9 will not otherwise be responsible for refunding a non-refundable airfare (see 3.3), or paying any costs or expenses You may incur as a result of the delay except as otherwise provided in the Convention or any applicable laws.

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10. Refusal of Carriage/Denied Boarding

10.1 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 carrying You or Your Baggage may materially affect the comfort of any person in the aircraft
• if carrying You will break government laws, regulations, orders or an immigration direction from a country to which You are travelling or are to depart from
• 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 (see 8.1)
• 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 (see 3.5)
• because You require special assistance and You have not made prior arrangements with Us for this (see 4.8)
• 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 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 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 (see 6.11)
• 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 You ask the relevant government authorities for permission to enter a country in which You have landed 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 10.1, 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.

10.2 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 and You will be entitled to a fare refund minus Our reasonably incurred administration fees.

10.3 Overbooked Flights - Denied Boarding Compensation

Airline flights may be overbooked. This means there is a slight chance that there may be more reservations than available seats on Your flight. In these circumstances, where practicable, We will offer an incentive for volunteers not to travel on their booked flight. Volunteers will not be entitled to any further payment, refund or compensation. If there are not enough volunteers, We may need to deny boarding to one or more passengers involuntarily.

If You are denied boarding on an overbooked scheduled international flight for which You have both a valid Ticket and a confirmed reservation, and You have presented at check-in by the Check-In Deadline, We will use Our reasonable endeavours to get You to Your destination within a reasonable time of Your original scheduled arrival time. If We do not, We will provide compensation and any care required by any law which may apply or in accordance with Our policy if there is no applicable law. This will depend on the jurisdiction in which the denied boarding occurs.

Our denied boarding compensation policy is available on request from Our international airport Ticket sales counters.

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11. Conduct During Flight

11.1 Obey Directions

To maximise 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 (see 11.4)
• if You drink alcohol, drink only in moderation and only alcohol served on Your flight with Us as part of Our inflight bar service
• use infant and child restraints as directed
• 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, walkie-talkies, 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.

11.2 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 Your self 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 aboard 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.

11.3 Diversion Costs Caused by Unacceptable Behaviour

If as a result of Your behaviour We divert the aircraft to an unscheduled destination and make You leave the aircraft, You must pay Us the reasonable and proper costs of the diversion.

11.4 Smoking prohibited

Smoking is not permitted on any of Our aircraft.

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12. After the Flight

12.1 Collect Your Checked Baggage

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

12.2 If You Cannot Find Your Checked Baggage

If You cannot find Your Checked Baggage, produce your Ticket and Baggage Identification Tag to us. Only the person to whom the Baggage Identification Tag was issued is entitled to collect that Baggage.

12.3 Release of Checked Baggage by Qantas

If We have Baggage You claim is Yours but You do not have the Baggage Identification Tag, 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

12.4 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.

12.5 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 claims officer or airport manager at the airport where You collected it.

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13. Refunds

13.1 When a Refund is Available

(a) Except where prohibited by restrictions on the fare type or value, if You:

• have a valid, partly or wholly unused Ticket, and
• surrender all of that Ticket to Us

then on request, We will provide a refund as set out in 13.2 provided that the purchase price paid for the fare exceeds Our reasonably incurred administration costs.

(b) Additionally, if We:

• are unable to carry You and You have a confirmed reservation
• delay Your flight to the extent that You have to cancel Your travel
• make a significant change to the scheduled flight time, which is not acceptable to You and We are unable to book You on an alternative flight which is acceptable to You
• downgrade You from the class paid for
• fail to stop at a Stopover or the destination specified on Your Ticket
• cause You to miss a connecting Qantas flight on which You have a confirmed reservation
• cancel Your flight, or
• the circumstances of 6.4 apply

then on request, We will provide an appropriate refund, which shall, except as otherwise provided in these Conditions of Carriage, be the maximum extent of Our liability.

13.2 What Refund is Available?

Except where prohibited by restrictions on the fare type (see 4.5), if a refund is requested under the circumstances described in 13.1(a) (within the refund deadline referred to in 13.6), then We will provide a refund equal to:

• the fare paid (including any charges and taxes but minus Our reasonably incurred administration costs) if no part of the Ticket is used, or
• if part of the Ticket is used, the difference between the fare paid and the fare for the part of the Ticket used, and any applicable charges and taxes less any cancellation and reasonable administration fees

Depending on the fare type, where a Ticket is partly used, the unused part may have little or no monetary refund value.

13.3 Who Gets The Refund and How is it Paid?

(a) Except for the circumstances set out in 6.5, any refund will be paid to the person who paid for the Ticket, unless that person has authorised Us in writing to pay the refund to someone else.

(b) We will pay the refund in the same way and in the same currency used to pay for the Ticket, unless We agree otherwise.

13.4 Refunds on Lost or Stolen Tickets

See 6.4.

13.5 Refunds on Taxes and Charges

Certain charges and taxes may be payable on Your Ticket. Whether or not Your airfare is refundable, if You do not use Your ticket, You may be entitled to claim a refund of some or all of any charges and taxes which You have paid (unless We have had to pay any of the charges or taxes even though You have not travelled) less a reasonable administration fee. If the administration fee reasonably incurred exceeds the amount of the refund, no refund will be paid.

13.6 Refunds - Events Beyond Your Control

See 6.9.

13.7 Deadline for Refunds

Unless an applicable law says otherwise, We may refuse to provide a refund if it is requested after the end of the Validity Period.

13.8 Right to Refuse Refund

We may refuse a refund on a Ticket which is Your evidence of intention to depart from the country You are in unless You can establish to Our satisfaction that:

• You have permission from the appropriate government or other authority to remain in that country, or
• You will depart by another means of transport

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14. Refusal of Entry and Fines

(a) If You are refused permission to enter a country and if a government or government authority orders Us to return You to Your place of origin or remove You to another country:

• You must pay for any detention costs and the return or other fare, and
• We may set off any refund owing to You for unused Flight Coupons against the amount of that return or other fare (if unpaid)

We will not refund the fare for carrying You to the place where You were denied entry.

(b) If We have given You information which is incorrect and inconsistent with Your consulate enquiries, and you have relied on it, We will pay any reasonably incurred costs arising as a result.

14.2 Reimbursement to Qantas for Fines, Penalties and Expenses

If We are ordered to pay any fine or penalty at any time, or incur any expense, costs, loss or damage ("losses") by reason of You being denied entry into any country, or because of Your failure to comply with any law, regulation, order or requirement, or because of Your behaviour, health or medical condition, You must reimburse Us for all losses plus all legal costs and other expenses reasonably incurred. We may set off any refund owing to You for unused Flight Coupons against any such amounts.

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15. Successive Carriers

If Your Ticket covers carriage by Us and other Carriers, the carriage will be regarded as a single operation under the Convention and applicable laws (see also 16.5(a)).

16 Liability

16.1 Our Conditions of Carriage

These Conditions of Carriage govern Our liability to You. The liability of any other Carrier involved in Your journey will be determined by its own conditions of carriage. If We issue a Ticket or if We check-in baggage for carriage on another Carrier's flight, We do so only as agent for that Carrier (but see 16.5(a)).

16.2 Governed by Convention

International Carriage will be governed by the Convention, where applicable, or under these Conditions of Carriage and applicable laws where the Convention does not apply. Our liability may be limited in respect of death or injury and for destruction or loss of, or damage to, Baggage, and for delay.

16.3 Negligence or Other Acts or Omissions by You

If We prove that any damage was caused by, or contributed to by You, Our liability may be reduced in accordance with applicable laws.

16.4 Our Liability for Your Death or Injury or Delay

(a) International carriage

• For any recoverable compensatory damages up to 100,000 SDRs (about AU$190,000) in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, We will not exclude or limit Our liability. However, any liability We may have for damage will be reduced in accordance with applicable law by any negligence on Your part that causes or contributes to the damage
• We will not be liable for damages arising in respect of death or bodily injury to the extent that they exceed for each passenger 100,000 SDRs (about AU$190,000), if We prove that:
  - such damage was not due to the negligence or other wrongful act or omission of Us or Our agents; or
  - such damage was solely due to the negligence or other wrongful act or omission of a third party
• In the case of passenger delay:
  - where the Warsaw Convention applies, We will be liable for damage except when We can prove that We took all necessary measures to avoid the damage or that it was impossible for Us to take such measures
  - where the Montreal Convention applies, We will be liable for damage except when We can prove that We took all measures that could reasonably be required to avoid the damage or that it was impossible for Us to take such measures. Our liability under the Montreal Convention is limited to 4,150 SDRs (about AU$8,000)

(b) Australia

• Where Your travel is wholly within Australia with no international sectors, it is subject to the provisions of the Civil Aviation (Carriers' Liability) Act 1959 as amended (or any replacement legislation) or complementary State legislation. As such, Our liability for Your injury or death is limited to AU$500,000.

(c) New Zealand

Where Your travel is wholly within New Zealand and is not International Carriage:

• Our liability for death or injury will be excluded for any Passenger who at the time of the accident has cover in respect of personal injury arising from the accident under Part 2 of the Injury Prevention, Rehabilitation, and Compensation Act 2001
• any liability arising under the terms of this agreement, or at common law, or under the provisions of any Acts of Parliament, regulations, or local authority by-laws for any injury or death that is not covered by Part 2 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 will be limited to a sum not exceeding NZ$100,000 (which shall include all legal costs), whether or not such liability was caused by Our negligence
• Our liability for any damage sustained by You due to delay in Your carriage shall be limited to the amount of damage proved to be sustained by You as a result of the delay, or an amount representing 10 times the sum paid for the carriage, whichever amount is smaller

(d) European Community

If Your Ticket was purchased in the European Community and Your travel is from or to a point in the European Community:

• We shall, without delay and in any event not later than 15 Days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered
• an advance payment shall not be less than the equivalent of 15,000 Special Drawing Rights (about AU$29,000 or EUR18,000) per Passenger in the event of the death of a Passenger
• an advance payment does not mean that We admit liability and it may be offset against any subsequent sums paid on the basis of Our liability

An advance payment is not returnable unless:

• We prove that the damage was caused or contributed by negligence of the Passenger or the person who received the payment, or
• We prove that the person who received the payment was not entitled to compensation

(e) General

• We are not responsible for any illness, injury or disability, including death, attributable to Your physical condition or for the aggravation of such condition

16.5 Our Liability for Damage to Your Baggage

(a) General

• We will be liable only for damage or delay occurring during carriage ticketed on Our Airline Designator Code. If We issue a Ticket or check Baggage on the flight of another Carrier, We only do so as agent for that Carrier. Nevertheless, with respect to Checked Baggage, You may also have a right of action against the first or last Carrier
• We are not liable for any damage to Your Cabin Baggage unless such damage is caused by Our 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
• except to the extent required by law, We are not liable for damage or delay to items which You are asked not to include in Your Checked Baggage (under 7.4). These items include fragile or perishable items, items with a special value, such as money, jewellery, precious metals, computers, personal electronic devices, share certificates, bonds and other valuable documents, or passports and other identification documents

(b) International Carriage

• Where Your travel is International Carriage and a Convention applies, Our liability for damage to Checked Baggage is limited by the Convention except where You prove that the damage resulted from an act or failure to act either done with the intention to cause damage or recklessly and with knowledge that damage would probably result
• Our liability for loss of, damage to, or delay in the carriage of, Your Baggage is limited by the applicable Convention as follows:
• Conventions other than the Montreal Convention 1999 - 250 francs (about AU$32) for each kilo of Your Checked Baggage affected or 5,000 francs (about AU$640) for Your Cabin Baggage, unless A25 of the Warsaw Convention applies, in which case these limits do not apply
• Montreal Convention 1999 - 1,000 SDRs (approximately AU$1,900) cumulative for both Checked Baggage and Cabin Baggage. In the case of Checked Baggage, We will not be liable if the Baggage was defective, unless A.22.5 of the Montreal 1999 Convention applies in which case these limits do not apply. We will only be liable for Cabin Baggage if We were at fault

However, if the law which applies provides for different limits of liability, those different limits will apply.

If the weight of Your Checked Baggage is not recorded on Your Baggage Check, We will presume that it is not more than the free allowance for the relevant class of carriage (see 7.1).

(c) Australia

• Where Your travel is wholly within Australia and is not International Carriage, it is subject to the provisions of the Civil Aviation (Carriers' Liability) Act 1959 as amended (or any replacement legislation) or complementary State legislation. As such, 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.

(d) New Zealand

• Where Your travel is wholly within New Zealand and is not International Carriage, Our liability for loss or damage is limited to NZ$1,500 per unit of Checked Baggage. We will not be liable for any loss or damage to Cabin Baggage, subject to any rights You may have under the Consumer Guarantees Act 1993.

16.6 No Further Liability

Other than as specified in these Conditions of Carriage, We exclude all liability for any costs, expenses, losses or damages whatsoever that may arise in any way in connection with the carriage. If the Trade Practices Act 1974 (Cth) or any similar law implies a condition or warranty that cannot be excluded, Our liability for a breach of the condition or warranty will be limited to either supplying the services again or paying the cost of having the services supplied again, as determined by Us in Our absolute discretion.

16.7 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.

These Conditions of Carriage (including any exclusion or limitation of liability) shall apply to and be for the benefit of Our Authorised Agents, employees and representatives to the same extent as they apply to us. The total amount that You can recover from us, Our Authorised Agents, employees and representatives shall not be more than the total amount of Our liability, if any.

Except where these Conditions of Carriage provide otherwise, Our liability, if any, shall be limited to proven compensatory damages. We shall not in any circumstances be liable for indirect or consequential damages and, to the extent consistent with the Convention, in no event shall Our obligations exceed any liability specified in these Conditions of Carriage.

Nothing in these Conditions of Carriage:

• except where We state otherwise in writing, gives up any exclusion or limitation of liability to which We are entitled under the Convention or any laws which may apply, or
• gives up any defence available to Us under the Convention or 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.

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17. Claims by You

17.1 Personal Injury or Death Claims

If You have a claim for personal injury or Your personal representative has a claim for Your death and Your travel is:

(a) Domestic Carriage in New Zealand

• If at the time of the accident You have cover in respect of personal injury arising from the accident under Part 2 of the Injury Prevention, Rehabilitation, and Compensation Act 2001, You or Your personal representative should lodge a claim in the manner provided in the Injury Prevention, Rehabilitation, and Compensation Act 2001.

(b) All other travel

• You or Your personal representative should notify Us in writing as soon as possible.

17.2 Baggage Claims

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

Domestic Carriage - Any claim for loss of or damage to Baggage must be made in writing to Us within the following timeframes:

• 3 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.

International Carriage: - Any claim for damage to or delay of Baggage must be made in writing to Us within the following timeframes:

• in the case of damage to Your Baggage, as soon as You discover the damage after You have received the Baggage, and at the latest within 7 Days
• in the case of delay, within 21 Days from when the Baggage has been made available to You

17.3 Clothing Damage

Any incident involving damage to Your clothing worn or taken into the aircraft cabin, must be immediately reported to Our cabin crew.

17.4 Limitation of claims

Unless Your right to claim for damages has expired earlier as provided elsewhere in these 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.

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18. Canada

18.1 Canada

These conditions also apply to carriage:

• between places in Canada
• between a place in Canada and any place outside Canada

but only to the extent they are incorporated in Tariffs in force in Canada. However, for the purpose of International Carriage governed by the Montreal Convention, the liability rules set out in the Montreal Convention shall supersede and prevail over any provisions of the Tariff which may be inconsistent with those rules.

These conditions also apply to carriage:

• between places in USA
• between a place in USA and any place outside USA

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