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  Wednesday, 1 October 2008  
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Regional Express Holdings Limited t/a Regional Express, its associated companies has no control over the acts or omissions of other airlines and third parties.

1. CARRIAGE

The Passenger flies subject to the Ticket Terms and, to the extent applicable, the Laws. If there is a conflict between any of the parts of the Ticket Terms, those of the Ticket Terms set out in this document will prevail.

2. LIMITATION OF LIABILITY

The Company's liability in respect of loss or damage to baggage and personal injury or death is limited to the circumstances and amounts as laid down in the applicable Law.
Specifically, subject to the provisions of the Trade Practices Act 1974 (Cth), the Civil Aviation (Carriers' Liability) Act 1959 (Cth) and applicable State and Territory legislation:

  • payments accepted by the Company in respect of a Ticket are subject to the Fare Rules applicable to the category of ticket purchased;
  • the Company will not be liable to the Purchaser, the Passenger, or to any other person for costs or losses resulting from diversion, substitution, alteration, cancellation or delay, or from loss or delay of baggage;
  • the Company will be not liable for consequential or other loss of any kind, arising directly or indirectly from negligence or any act or omission or any other cause in connection with provision or non-provision of Carriage or any transport or service; and
  • the Company will not be liable for inaccuracy in any information concerning transport, services or their pricing whether referred to in the Ticket or any other document.

Any liability of the Company for breach of any provision of, or any term implied by, Division 2 of Part V of the Trade Practices Act 1974 (Cth) or equivalent State legislation whose operation cannot be excluded is limited to the extent possible, at the option of the Company, to the following:

  • re-supply of the services; or
  • refund for payment made with regards to services not performed.

Liability of the Company to the Passenger on Australian domestic flights is limited by State and Commonwealth legislation and by the Ticket Terms by the following amounts:

  • in respect of destruction or loss to baggage or death or injury of any Passenger:
    i. AUD$500,000: in respect of death or personal injury of the Passenger;
    ii. AUD$1,600: in respect of destruction or loss to registered or checked baggage of the Passenger; and
    iii. AUD$160: in respect of destruction or loss to other baggage (cabin baggage) of the Passenger;
    and;
  • such other sums as may be prescribed by applicable legislation for the time being in force.

Except as provided for under the Law, the Company is not liable for loss or damage to, or delay in the delivery of fragile or perishable articles, money, jewellery, precious metals, negotiable papers, securities or other valuables (including but not limited to cameras and computers), business documents or samples which are included in the Passenger's checked baggage, whether with or without the knowledge of the Company. Such personal valuable items should be carried on the Passenger's person or in carry on baggage under his care.

Claims for baggage damaged due to negligence on the part of Rex must be filed and reported within 24 hours of the flight arrival at the destination. Claims reported after 24 hours will not be accepted. All claims must be submitted at the destination airport, using forms provided by Rex. The damaged baggage must be sighted by a Rex Staff member and baggage tag MUST be presented to Rex Staff member. The Company is not liable for damage to baggage where damage is the result of normal wear and tear (this includes, and is not limited to, damaged handles and wheels). The Company is also not liable for damage to baggage if baggage weight exceeds the maximum weight specifications of the manufacturer, where manufacturer's specifications are unavailable the weight limit applied will be 25Kgs. The Claim will not be approved if it is deemed damage was not due to negligence by Rex.

3. CHECK-IN REQUIREMENTS

In the interest of on-time departure, every Passenger must be checked in and ready for boarding by the time fixed by the Company from time to time, and in any case not less than 30 minutes prior to the scheduled departure time for Sydney, Melbourne & Adelaide airports or 15 minutes for regional airports. At the time of check-in, the Passenger must present satisfactory photo identification to the Company's staff or agent and must comply with all lawful instructions given by such personnel including but not limited to declaring the contents of luggage and payment of any additional charges for excess baggage etc.
A Passenger who fails to check-in or present himself at the departure gate within the stipulated time will not be permitted to board the aircraft and will be deemed a "no show". This will result in the Passenger's booking under the Ticket being cancelled. Any of the following events will result in a cancellation:

  • failure to board a booked flight or no-show;
  • request to cancel part or the entire ticketed journey; and
  • non-compliance with any of the agreed Ticket Terms.

In these circumstances, cancellation and rebooking fees will be charged by the Company according to the applicable Fare Rules and certain ticket classes may lose its entire value.

4. SAFETY REQUIREMENTS

It is against the law to bring into the aircraft, whether as cabin baggage or checked baggage, restricted items as defined by the Civil Aviation Safety Authority. The Company and airport or government officials may inspect and/or search your baggage with or without your presence.


WHAT MUST NOT BE TAKEN ON BOARD
  1. EXPLOSIVES: fireworks, flares, toy gun caps.
  2. COMPRESSED SUBSTANCE: gas cylinders, aerosols (other than medicines/toiletries).
  3. FLAMMABLE SUBSTANCE: lighter fuel, paints, thinners, firelighters, cigarette lighters containing unabsorbed lighter fuel.
  4. OXIDIZERS: some bleaching powders, acids, chemicals.
  5. ORGANIC PEROXIDES: hair or textile dyes, fibreglass repair kits, certain adhesives.
  6. POISONS: arsenic, cyanide, weedkillers.
  7. IRRITATING SUBSTANCES: tear gas devices such as mace, pepper sprays.
  8. INFECTIOUS SUBSTANCES: biological products and/or diagnostic specimens containing pathogens.
  9. RADIOACTIVE MATERIALS: medical or research samples which contain radioactive sources.
  10. CORROSIVES: acids, alkalis, wet cell batteries, caustic soda, mercury.
  11. MAGNETISED MATERIALS: magnetrons and anything containing strong magnets.

WHAT MAY BE TAKEN ON BOARD IN LIMITED QUANTITIES
  1. Alcoholic beverages (up to 5L), perfumes and colognes (up to 2L in total).
  2. Medicinal or toiletry products including aerosols such as hair sprays and deodorant for personal use (up to 2kg or 2L in total).
  3. With the approval of the Company, small oxygen cylinders for medicinal use and small carbon dioxide gas cylinders worn to power mechanical limbs.
  4. Safety matches and certain lighters carried on the person. They must not be packed in the checked bag.
  5. With approval of the Company, dry ice used to pack perishable foods (up to 2kg). Small mercury thermometers for personal use when in a protective case.

REMEMBER IF YOU TAKE DANGEROUS GOODS ON BOARD, EVEN INADVERTENTLY, YOU MAY BE LIABLE TO PROSECUTION AND A JAIL TERM.

If there is any doubt about what may be carried on board THE aircraft, the Passenger must request more information from the Company before commencing travel. Firearms and weapons of any description are prohibited in the cabin of any Aircraft. Passengers shall not tender dangerous goods or potentially dangerous goods for Carriage as baggage. The Company may destroy, abandon and/or retain as evidence any such goods.

5. CHECKED BAGGAGE ALLOWANCE

In addition to cabin baggage, each Passenger occupying a paid seat is entitled to the following free checked baggage allowance, provided the total linear dimensions (i.e. Depth plus Height plus Length) of each item does not exceed 140cm (55in):

  • Economy Class Passengers: 1 item 15kg (33lb)
  • Infants not occupying seat will be allowed up to 3 items of baggage not exceeding a total weight of 10kg (22lb). This will include the weight of the stroller, carry basket and/or car seat.

Each item in excess of the allowance, or the linear dimensions, will be deemed excess baggage and will be subject to payment of the prevailing excess baggage rates published by the Company from time to time. Such excess baggage is further subject to the restriction below and to space availability and hence may not be carried on the same service as the Passenger. All baggage, including excess baggage, is only carried to the airport specified on the Company's baggage tag. The Passenger is responsible for the collection of his baggage at the destination airport and any related delivery expenses.

For Occupational Health & Safety reasons, any single item of baggage which exceeds 32kg (70lb) in weight, cannot be accepted as passenger baggage and must be carried as airfreight.

If the Passenger is travelling with children (occupying seats), the Passenger will be entitled to two of the following items as additional checked baggage allowance for each child: stroller, carry basket or car seat.

A fully collapsible wheelchair and/or a pair of crutches and/or a walking stick and/or a prosthetic device will be carried in addition to the baggage allowance set out above if the Passenger is dependent on the item.

For the above items, the total weight of the checked-in items must not exceed the stipulated limit or an excess baggage charge will apply.

All baggage should be locked (where applicable). The Company's liability with respect to checked baggage is spelt out in Clause 2 above.

Checked baggage will be delivered to the destination airport for collection by the bearer of the baggage check receipt or tag. In case of lost or damage to checked baggage, such bearer may submit a claim in writing to the Company within 24 hours from the scheduled arrival of the baggage.

The Company will not be liable for any loss if the Passenger fails to collect any checked or cabin baggage. If such baggage is not claimed after 90 days after the flight, it will be deemed to be abandoned and the Company may dispose of it as the Company sees fit without notifying the Passenger and without any liability on the Company's part and the Passenger will indemnify the Company for any cost and/or expense incurred in respect of such disposal.

Total baggage exceeding 100kg will not be accepted as excess baggage and must be processed at a cargo outlet at the applicable cargo rate.

6. CABIN BAGGAGE RULES

Cabin baggage should not exceed 7kg in total and the total linear dimensions should not exceed 105cm. The articles listed below may be carried by a Passenger as cabin baggage over and above the free checked baggage allowance:

  • A lady's handbag, pocketbook or purse, which is appropriate to normal travelling dress and is not being used as a container for the transportation of articles which would otherwise be regarded as baggage;
  • An overcoat, wrap or blanket;
  • An umbrella or walking stick;
  • A small camera and/or a pair of binoculars;
  • A reasonable amount of reading matter for the flight;
  • Infant's food for consumption in flight; and
  • A pair of crutches and/or other prosthetic device for the passenger's use provided that the passenger is dependent upon them;
  • All other articles - including overnight bags, briefcases, personal computers, ladies' vanity cases, large size cameras, small musical instruments such as violins etc. taken into the cabin as hand baggage are subject to the following conditions:

    one briefcase and one small bag, each not exceeding: depth 23cm (9in), height 34cm (13in), length 48cm; (19in)
    or
    two small bags, each not exceeding: depth 23cm (9in), height 34cm (13in), length 48cm (19in).

The small bag can be substituted for one suit pack or one garment bag, (non-rigid frame/unfolded), not exceeding: thickness 11cm (4in), width 60cm (24in), length 114cm (45in).

Wheelchairs and infants' carry baskets (these items may be stowed in the aircraft hold)

Items which exceed the above allowances must be checked in.

Your personal medication or prescriptions should not be placed in checked baggage as they may be offloaded or otherwise not be available when you need them. The Company shall not be liable for any loss or damage to or delay in delivery of such items and for any consequential death or personal injury. Please note that passengers carrying hypodermic needles will need to declare them at the time of check-in.

Laptop computers should be carried as cabin baggage to avoid possible damage. The Passenger is not permitted to carry any sharp objects in his/her cabin baggage such as nail files, scissors, letter openers, pocket knives, etc. Such items must be placed in checked baggage only.

7. GOVERNMENT AND OTHER TAXES AND CHARGES

The price of the Ticket may include taxes and fees, which are imposed on air transportation by government, authorities, and airport operators. These taxes and fees which may represent a significant portion of the cost of air travel may be included in the total fare. The Passenger may also be required to pay taxes or fees not already collected.

8. INSURANCE

Personal and baggage insurance is highly recommended and should be obtained separately. The Company does not offer travel insurance. Please contact your travel agent for details.

9. SMOKING

In accordance with Civil Aviation Regulations, smoking is not permitted on Australian domestic flights and in Australian airport terminals.

10. IN-FLIGHT WELL-BEING

To ensure the Passenger's well-being in-flight, we recommend that he:

  • consult his doctor before travel if he has any concerns about any medical condition which might affect him/her during a flight; and
  • follow the health advice provided in our in-flight documentation.

11. FLIGHT SCHEDULES

The Company reserves the right without notice to substitute any aircraft or other means of transport either before the departure of the flight or at any intermediate airport, to alter or omit any advertised stopping place and to despatch the aircraft before or alter the date or hours advertised or announced for its departure. The Ticket Terms shall extend to carriage by substituted aircraft or other means of transport.

The Company reserves the right at any time to cancel any flight or, whether the scheduled flight on which the Passenger was booked takes place or not, to cancel any ticket or booking of the Passenger or to carry the Passenger for a portion only of any booked flight. The Company shall not under any circumstances be under any liability to the Passenger for failure to carry him at the booked or scheduled time, or at all. While the Company will endeavour to use its best efforts to carry the passenger and baggage with reasonable dispatch, times of arrival and departure are not guaranteed. The Company assumes no responsibility for making connections between or with the flights it offers, the flights of other airlines or any other form of transport.

If, in the opinion of the Company, an aircraft cannot safely land at an airport, the Passenger may be landed at an alternative airport and will be entitled to be returned to the airport of original destination by such means of transport as the Company, in its absolute discretion, may determine. The Passenger must bear his own expenses while waiting for his return to the airport of original destination and the Company shall not be liable for any consequential loss, damage or expenses of any kind whatsoever arising from such carriage or delay.

12. PASSENGER CONDUCT

The Company is not a common carrier, and reserves the right to refuse to carry the Passenger, or any of the Passenger's baggage or goods without giving any reason.

The Passenger shall comply with the Law and with the Ticket Terms and shall be responsible for any damage or loss occasioned by his failure to do so. The Passenger shall not take into the aircraft or include in his baggage or goods any easily ignitable article or offensive thing likely to cause inconvenience to Passengers or any thing likely to endanger aircraft, passengers or goods. The Passenger must allow reasonable searches of his person and baggage. The Passenger shall not, while on board the aircraft, consume any intoxicating beverage unless it has been sold or otherwise supplied to him on board the aircraft by the Company. While on board the Passenger must submit to all lawful instructions of the cabin crew.

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 if, in the opinion of the Company, the Passenger is:

  • in breach of the Ticket Terms;
  • a threat to aviation security or has made threats to aviation security;
  • under the influence of drugs or alcohol; and
  • behaving in a disruptive or disorderly manner.

OR
  • if it is necessary for the safety or comfort of other persons or for the protection of property.

Threats to Aviation Security as defined in the Aviation Transport Security Regulations 9.01 2005, including "inappropriate comments" regarding weapons or explosive devices will result in cancellation of the ticket as well as mandatory reporting to both Federal and State law enforcement agencies.

13. OTHERS

The Passenger indemnifies the Company against any action, proceeding, suit, claim or demand made against it in connection with a breach by the Passenger of the Ticket Terms and against liability, loss, damage, cost or expense suffered by the Company as a consequence.

Any money received for the Ticket by any agent issuing it is held on trust for the Company. The Company may arrange with any other person to undertake the carriage contracted under the Ticket Terms, or services ancillary to it (including the transportation of the Passenger and his baggage to or from any airport or taking off or landing place) or any part of them.

The travel must be completed within 12 months of date of issue of the Ticket and is not be transferable to any other person. The Company has no obligation to provide transport or services if the Ticket is not presented, is lost or stolen.

The Ticket is valid only for transport or services specified. Any alterations to the services specified will be strictly subject to the Fare Rules governing the category of ticket issued and in some instances the ticket may become valueless and not refundable.

The Ticket Terms may not be waived or modified by any person.

If any of these term fails to have all, some or any effect, or causes any other of these Ticket Terms to fail it shall be read down or severed to the extent required to preserve the rest of these Ticket Terms.

Wherever the Ticket is issued the Ticket Terms shall be governed by and construed in accordance with the Laws in force in New South Wales.

Definitions :

The following definitions apply unless the context requires otherwise:

  1. "Carriage" is equivalent to "transportation".
  2. "Company" means Regional Express Holdings Limited (ACN 099 547 270) and includes its officers, servants, agents, employees and, where applicable, any person with whom the Company has arranged to undertake the carriage or ancillary services or its officers. The Company owns the business name and trademarks for "Regional Express";
  3. "Customer Receipt" mean the document issued confirming receipt of payment and details of carriage;
  4. "Fare Rules" means the rules as may be imposed by the Company from time to time governing the use of the Ticket according to the category of Ticket purchased. The Fare Rules are provided to the Purchaser at the time of booking and are always available on the Company's website www.rex.com.au
  5. "Ticket "means the e-ticket issued to the Passenger and to which this document relates or with which this document is enclosed and any baggage check related to it';
  6. "Ticket Terms" means these conditions of contract and terms of carriage and the transport and services provided pursuant to them and any supplementary terms set out in timetables, notices on display, boarding pass, advertised fare conditions and supplementary written or oral instructions of the Company and any other terms howsoever made applicable;
  7. "Law" means each statute, ordinance, code, or other law from time to time, applicable to the Company, its operations and this Ticket, including the Warsaw Convention and any international convention or protocol and all regulations, orders, instructions and instruments made under any of them;
  8. "Passenger" means to whom the Ticket was issued or the person or persons nominated on a Ticket as being the passenger using the transport or services specified on the said Ticket (as the context requires);
  9. "Person" includes a firm, body corporate, an unincorporated association or an authority.
  10. "Purchaser" means the purchaser of a Ticket;

R.O.260/130808

 

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