Article 1: Definitions
1.1 Meanings: In these Terms & Conditions, these particular expressions have the following meanings:
- "Baggage" or "baggage" means your personal property accompanying you in connection with your trip. Unless otherwise specified, it includes both your Checked and Unchecked Baggage.
- "Baggage Identification Tag" means a document issued by us solely for identification of Checked Baggage.
- "Booking Confirmation" means the document issued, electronically or otherwise, by the Carrier, confirming a booking and containing the booking reference number and these Terms and Conditions.
- "Carrier" means Tiger Airways Pte Ltd Co Regn No. 200312665W or Tiger Airways Australia Pty Limited ABN 52 124 369 008 as the case may be (see also definition of "we", "our", "ourselves" and "us").
- "Checked Baggage" means Baggage of which we take custody and for which we have issued a Baggage Identification Tag; it is also sometimes referred to as "registered baggage".
- "Conditions of Contract" means those statements contained in or delivered with the Booking Confirmation (including these Terms and Conditions), and contained in the Website (including but not limited to the Tiger Airways "Help" pages and other pages referred to herein), our Tariffs and notices available at our offices and check-in counters.
- "Damage" includes death, bodily injury to a Passenger, delay, loss, partial loss or other damage including to Baggage, arising out of or in connection with carriage or other services incidental thereto performed by us.
- "Days" means calendar days, including all seven days of the week, provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted.
- "Domestic Flight" means carriage wholly within Australia.
- "Fees and Charges" means the page titled "Fees and charges" on our Website.
- "International Flight" means carriage between two countries.
- "Journey" means a flight or flights pursuant to a Booking Confirmation.
- "Luggage Upsize™" means our "Luggage Upsize™" service as detailed on our Website.
- "Montreal Convention" means the Montreal Convention (1999);
- "Passenger"," you", "your" and "yourself" means any person, except members of the crew, carried or to be carried in an aircraft with our consent.
- "Sector" means the flight from the airport at the point of origin to the airport at the point of destination.
- "Seat" means a seat in our aircraft.
- "Tariffs" means our fares and charges published electronically or on paper and conditions applicable thereto.
- "Terms & Conditions" means these Terms and Conditions of Carriage.
- "Unchecked Baggage", means any Baggage other than Checked Baggage including all items brought by you into the aircraft cabin.
- "Warsaw Convention" means:
- The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the "Warsaw Convention");
- The Warsaw Convention as amended at The Hague on 28 September 1955;
- The Guadalajara Supplementary Convention 1961;
- The Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975);
- The Warsaw Convention as amended by Additional Protocol No. 2 of Montreal (1975); and
- The Warsaw Convention as amended by Additional Protocol No.4 of Montreal (1975).
- "We", "our", "ourselves", "us" and "Carrier" means Tiger Airways Singapore Pte Ltd Co Regn No. 200312665W or Tiger Airways Australia Pty Ltd ABN 52 124 369 008 as applicable.
- "Website" means the internet site www.tigerairways.com provided by us for the purpose of Passengers making online bookings and to access information about us.
1.2 Captions:
The title or caption of each Article of these Terms & Conditions is for convenience only and is not to be used for interpretation of the text.
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Article 2: Applicability
2.1 General:
These Terms & Conditions apply to the carriage by air or by other means of transportation including surface transportation of Passengers and Baggage performed by us or on our behalf and to any liability we may have in relation to that carriage and transportation.
2.2 Terms & conditions prevail:
Except as provided in these Terms & Conditions, in the event of inconsistency between these Terms & Conditions and any other provision of the Conditions of Contract or any other regulations we may have dealing with particular subjects, these Terms & Conditions shall prevail.
2.3 Language:
The language of these Terms & Conditions is English and even though there may be translations of these Terms & Conditions in other languages, English shall be the sole language used in the interpretation of these Terms & Conditions.
2.4 Overriding laws:
If these Terms and Conditions or any of them are inconsistent with any laws, those laws shall apply. The invalidity of any provision shall not affect the validity of any other provision.
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Article 3: Validity
3.1 Prima Facie evidence of contract:
The Booking Confirmation is prima facie evidence of the contract for carriage between a Passenger and us. Carriage of a Passenger is subject entirely to the Conditions of Contract, and any authorized direction given by or on behalf of Carrier to the said Passenger.
3.2 Validity:
The Booking Confirmation is only valid for the Passenger(s) named and the flight(s) specified therein subject to any subsequent changes in accordance with Article 5.3 below. Booking Confirmations are valid for 1 (one) year from the date of issue.
3.3 Identity:
We will provide carriage only to the Passenger named in the Booking Confirmation. You will be required to produce appropriate identification at check-in. Please refer to Article 6 for more details.
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Article 4: Fares
4.1 General:
Fares apply only to carriage from the airport at the point of origin to the airport at the point of destination. Fares exclude ground transport services between airports and between airports and town terminals unless otherwise specifically stated by us. We are strictly a point-to-point carrier and shall not be responsible to you for any connecting flights. We shall not be liable to you for your failure to meet any connecting flights. Fares will be calculated in accordance with our Tariff in effect on the date of payment for the Booking Confirmation for the flight or flights concerned. Any approved flight change may be subject to additional payments due, as specified herein.
4.2 Infants:
An infant under the age of 2 (two) years (on the date of travel) may fly at the prevailing administration fee per Sector provided he sits on an adult's lap. Only 1 (one) infant is allowed for 1 (one) adult. No baby seats or perambulators are allowed in the cabin of the aircraft. A child over the age of 2 (two) will require their own Booking Confirmation and separate Seat like any other Passenger. Newborn babies less than 7 (seven) days old will not be accepted for carriage.
4.3 Taxes and insurance charges:
Any tax, fee or charge imposed by a government or other authority or by the operator of an airport in respect of your use of any services or facilities will be in addition to our fares, administration fees and charges and shall be borne by you, unless otherwise specifically stated by us. Such taxes, fees and charges imposed on air travel may change from time to time and can be imposed even after the date that your booking has been confirmed. You shall nevertheless bear such tax, fee or charge as and when they fall due prior to departure unless otherwise stated.
4.4 Currency:
Fares and charges are payable in the currency prescribed with our published fares unless otherwise specifically agreed by us.
4.5 Accuracy:
All fares, flight schedules and routes published are correct at the time of publication. We reserve the right to revise any fares and flight schedules at any time and from time to time without prior notice.
4.6 Applicable fares:
Applicable fares are those published by us or on our behalf, whether electronically or by way of other medium. Fares may include administration fees, service charges and other charges unless otherwise specifically stated by us.
4.7 Administration fee:
We reserve the right to charge a reasonable administration fee for ancillary services which are not included in the Booking Confirmation.
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Article 5: Booking of seats/reservations
5.1 Reservation requirements:
The booking of a Seat is confirmed after full payment of the fare is made and after we issue you a Booking Confirmation. Once confirmed, the booking cannot be cancelled and payments made are not refundable, except as provided in these Terms and Conditions.
5.2 Group bookings:
These are governed by specific terms that vary from time to time. Please contact us for further details.
5.3 Flight change:
Inside of 4 (four) hours prior to the scheduled flight departure time, no changes are allowed. Outside of 4 (four) hours prior to the scheduled flight departure time, you are allowed to change the booked flight to another flight subject to availability, payment of the prevailing charges per Passenger per Sector and also subject to the following conditions:
- If the new flight booked is at a lower fare than that of the cancelled booked flight, the difference in fares will not be refunded to the Passenger.
- If the new flight booked is at a higher fare than that of the cancelled booked flight, the difference in fares shall be paid by the Passenger before the cancellation or change can be made.
- The change is not confirmed until we issue you a new Booking Confirmation.
- Changes cannot be made to any part of a flight combination Journey once the departure of the first flight has passed.
5.4 Promotional fares:
Article 5.3 regarding Flight Change rules do not apply to certain selected promotional fares. Please refer to the terms and conditions of the specific promotion for further details.
5.5 Name changes:
Name changes are permitted via the call centre upon payment of the applicable change fee (see Fees and charges) plus any additional cost between the original total price paid and the price payable for the new flight at the time the change is made. Name changes may be made up to 4 (four) hours before the time of scheduled departure subject to our call-centre operating hours.
5.6 Payment:
Fares must be paid in full when a booking is made. In the event that the fare has not been paid in full when a booking is confirmed for any reason whatsoever, we reserve the right to cancel the booking at any time prior to check-in and/or to disallow you to board the aircraft.
5.7 Personal data:
You hereby acknowledge and agree that your personal data has been given to us for the purposes of making a booking for carriage and providing you with confirmation of that booking, AND facilitating immigration and entry procedures, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis, and helping us in any future dealings with you. For these purposes, by entering into a contract of carriage with us you authorize us to retain and use your personal data and to transmit it to our own offices, authorized agents, government agencies, other carriers or the providers of the services mentioned above. For more details see our Privacy Statement at www.tigerairways.com.
You can gain access to the information we hold about you and ask for correction of your personal information by writing to Tiger Airways at:
Tiger Airways
Changi Airport Post Office
P.O. Box 181
Singapore 918147
|
Tiger Airways Australia Pty Limited
PO Box 2101
Gladstone Park
Melbourne 3043
Australia |
5.8 Seating:
We cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons. No smoking is permitted on any of our flights. You agree to accept any seat that is made available to you onboard the aircraft by our flight crew.
5.9 Fare non-refundable:
Fares are not refundable at all times unless otherwise specified in these terms and conditions.
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Article 6: Check-in and other requirements of carriage
6.1 Check-in, deadlines and conditions:
You must arrive at the airport sufficiently in advance of the scheduled flight departure time to permit completion of government formalities and check-in procedures. Our airport check-in counters are open 2 (two) hours before the scheduled flight departure time. Check-in deadlines may vary at different airports and for particular flights. It is your responsibility to ensure that you comply with these deadlines particulars of which will be available at the time you make your booking. In any event we reserve the right not to accept you for travel if you arrive at our airport check-in counter less than 45 minutes before the scheduled departure time of your flight. Without derogating from the generality of other provisions of these Terms & Conditions governing the right of refusal of carriage, we reserve the right not to allow you to check-in without any liability to you and without having to refund to you any fare paid:
- If you attempt to check in at the airport after closure of the airport check-in counters.
- If you fail to have proper identification or fail to identify yourself to our staff.
- If you fail to have the proper documents, permits, visa, necessary for travel to a particular place or country.
- If you have not fully paid any fare or other fees or charges due to us.
- If you have been violent to our staff or caused disturbance at our counter or have abused our staff whether physically or verbally.
- If the government or other authorities prohibits your checking in or boarding the aircraft (unless you could not have reasonably have known of the reason).
- If in our judgment, you are not fit to travel due to drunkenness or any obvious adverse medical condition.
- If in our judgment, you are not medically fit to travel or your medical condition poses or could pose a danger or threat to the health of other Passengers.
6.2.1 Requirements for airport check-in:
On check-in you are required to present certain information relating to your flight and identity. This must include the Booking Confirmation for the flight and acceptable forms of identification. For Domestic Flights this needs to be valid photo identification and for International Flights it needs to be a valid passport with the required validity period. For infants not requiring their own seat, proof of age (under 2 (two) years) may be required, such as birth certificate for Domestic Flights only. Fees may apply for check-in at the airport.
6.2.2 Requirements for web check-in with no checked baggage:
If you are taking a Domestic Flight and do not have Checked Baggage, you should complete Web Check-in on the website, otherwise a fee will apply for check-in at the airport. Please refer to our Web Check-in conditions here.
6.3 Boarding:
You must be at the boarding gate (after checking in) at least 30 minutes before the scheduled departure time. Boarding closes 20 minutes prior to departure. Passengers arriving late at the boarding gate will not be accepted for travel, their bags will be offloaded and no compensation given. For travel on a later flight, you will be required to make a new booking at the applicable fare.
6.4 No-show:
If you fail to check in on time or fail to board the aircraft by the time the aircraft departs, the fare you paid will not be refunded to you for any reason whatsoever.
6.5 Compliance:
You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries flown from, into or over and with these Terms & Conditions, notices and instructions given by us relating thereto. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, notices, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, notices, requirements or instructions.
6.6 Travel documents:
You are solely responsible for obtaining and must possess and have available for presentation as required by the relevant authorities all entry and exit, health and other documents required by law, regulations, order, demands or requirements of the countries flown from, into or over. We reserve the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements.
6.7 Refusal of entry:
You agree to pay the applicable fare and/or penalties or fines whenever we, on order of any government or immigration authority, are required to return you to your point of origin or elsewhere, owing to your inadmissibility into a country, whether of transit or destination. In such circumstances we will not refund the fare to you.
6.8 Passenger responsible for fines, detention costs, etc.:
If we are required to pay or deposit any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries flown from, into or over or to produce the required documents, you shall on demand reimburse to us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds due to you in our possession.
6.9 Security inspections:
You shall submit to any security or health checks by government or airport officials or by us.
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Article 7: Flight combinations
7.1 The Carrier may offer two or more flight Sectors for sale in the same reservation from specific destinations, which may change from time to time.
7.2 All Passengers travelling on a Journey of more than one Sector as per Article 7.1 must clear customs and immigration, where applicable, and have reclaimed any Checked Baggage before checking in for their onward flight. A minimum of three hours must be allowed in order to complete such arrival and check-in formalities. Passengers are not allowed a stopover of more than 24 hours.
7.3 All Passengers are solely responsible for their own travel documentation, including applicable visas for entry into the intermediate country in accordance with Article 6.6 above.
7.4 Subject to the provisions of these Terms and Conditions and any applicable laws, the Carrier shall not be liable in any way whatsoever for any loss incurred by a Passenger as a result of a change to the schedule resulting in the Passenger not being able to complete their Journey. Best efforts will be made to offer a seat on the next available flight for the affected Sector.
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Article 8: Refusal and limitation of carriage
8.1 Right to refuse carriage:
We may refuse carriage of you or your Baggage for reasons of safety or if, in the exercise of our reasonable discretion, we determine that:
- Such action is necessary for reasons of safety or security.
- Such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over.
- Your conduct, status, age or mental or physical condition or the physical condition of your Baggage is such as to:
- require special assistance; or
- cause harm, discomfort or make yourself objectionable to other Passengers or our crew; or
- involve any hazard or risk to yourself or other persons or to property.
- You have committed misconduct on a previous flight and such conduct may be repeated.
- You have not observed, or are likely to fail to observe our instructions.
- You have refused to submit to a security check.
- The applicable fare or any charges or taxes payable have not been paid; or credit arrangements agreed between us and you (or the person paying the fare) have not been adhered to.
- The payment of your fare is fraudulent.
- You do not have the proper documents for travel.
- The booking of your Seat has been done fraudulently or unlawfully or has been purchased from a person not authorised by us.
- The credit card by which you paid for the fare has been reported lost or stolen.
- The Booking Confirmation is counterfeit or fraudulently obtained.
- The Booking Confirmation has been altered by anyone other than us or our authorized agent, or has been mutilated (in which case we reserve the right to retain such documentation).
- The person checking in or boarding cannot prove that he is the person named as the Passenger on the Booking Confirmation (we reserve the right to retain such Booking Confirmation in this circumstance).
8.2 Unaccompanied Child:
Subject to the following, Children below 12 years of age will not be accepted for carriage unless they are accompanied by a passenger 15 years of age or above, or a parent or legal guardian, who will take full responsibility for the Child. However, Young Persons 12 to 14 years of age (inclusive) may be accepted for carriage unaccompanied on request from his/her parent or legal guardian. The respective parent or legal guardian must remain at the airport until the departure of the flight. Persons 15 years of age and above may travel unaccompanied. Prevailing laws of each country may differ in respect of the carriage of unaccompanied Children and Young Persons.
8.3 Special assistance:
We are not able to provide supervision for those Passengers who cannot travel alone but we are able to provide limited assistance when requested. Such assistance as we are able to provide is set out in our Special assistance policy. Please contact the Tiger Airways call centre for more information.
8.4 Reduced mobility passengers:
For safety reasons Tiger Airways can carry only a maximum of 2 (two) Passengers per flight who have reduced mobility and require special assistance at the airport or on board. Please refer to our Special Assistance policy. We must be notified of the condition/requirements at least 5 (five) days before the scheduled departure via the Tiger Airways call centre. Failure to notify us in advance will result in the service being unavailable on your arrival at the airport and you being refused carriage. There may be a fee charged for some services that we have to obtain from third parties. The services may not be available on all routes due to local airport limitations.
8.5 Visually impaired passengers:
Such Passengers are permitted for carriage subject to the terms of our Special Assistance policy.
8.6 Pregnant passengers:
It is the duty of pregnant Passengers to advise us of the progress of their pregnancy when making a booking. Restrictions apply. Please see our Special Assistance policy.Passengers in this period of their pregnancy must contact our call centre to arrange such bookings.
8.7 Infants less than 7 days old:
Such infants are not permitted for carriage.
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Article 9: Baggage
9.1 Items unacceptable as baggage or to be carried inside baggage:
We reserve the right to refuse carriage of such Baggage or such items found in Baggage as follows:
- Items which are not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling;
- Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in our Terms & Conditions and Conditions of Contract;
- Items of which the carriage is prohibited by the applicable laws, regulations or orders of any state or country to be flown from, to or over.
- Items which in our reasonable opinion are unsuitable for carriage by reason of their weight, shape, size or character;
- Fragile or perishable items;
- Live or dead animals;
- Human or animal remains;
- Fresh or frozen seafood or other meats provided that such items may be carried on board as Checked Baggage only if we are satisfied that they have been properly packed. Strictly only styrofoam and/or cooler boxes that contain dry food/non-perishables are allowed to be checked-in after inspection of contents by relevant authorities. Should Passengers refuse inspection, we have the right to reject admission of luggage.
- Firearms and ammunition;
- Explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills), refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinners, solvents), flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium), corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches); and/or
- Weapons such as antique firearms, swords, knives and similar items provided that such items may be allowed as Checked Baggage at our absolute discretion for very special reasons. These cannot be carried into the aircraft for any reason whatsoever.
If any items referred to in any part of this paragraph are carried, whether or not they are prohibited from carriage as Baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Terms and Conditions applicable to the carriage of Baggage.
9.2 Valuable and fragile goods:
Passengers should not check in such items as Baggage. If they are checked in as Baggage, Passengers agree they send for carriage such items at their own risk. Such items include money, jewellery, precious metals, silverware, electronic devices, computers, cameras, video equipment, mobile phones, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts, manuscripts and the like.
9.3 Right to search:
For reasons of safety and security, we may require you to undergo a search, x-ray or other type of scan on your person or your Baggage. We reserve the right to search your Baggage in your absence if you are not available, for the purpose of determining whether you are in possession of or whether your Baggage contains any unacceptable or prohibited items. If you refuse to comply with such searches or scans we reserve the right to refuse carriage of you and your Baggage without refund of fare to you and without any other liability to you. In the event that a search or scan causes injury to you or damage to your Baggage, we shall not be liable for such injury or damage unless the same is due to our fault or negligence.
If required, you must attend the inspection of your Baggage, checked or unchecked, by customs or other government officials. We are not liable to you for any loss or damage suffered by you through your failure to comply with this requirement unless due to an act or an omission on our part done with intent to cause Damage or recklessly and with knowledge that Damage would probably result.
9.4 Checked baggage:
Baggage may only be checked in 2 (two) hours prior to scheduled departure of a flight. Upon delivery to us of Baggage to be checked, we shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage. Checked Baggage must have your name or other personal identification affixed securely to it. Checked Baggage will be carried on the same aircraft as you unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver same to you within a reasonable time of arrival of that flight unless applicable law requires you to be present for customs clearance.
9.5 Luggage Upsize™ Fee:
A Luggage Upsize™ fee is charged for the carriage of each item of Checked Baggage. Baby buggies, wheelchairs, scooters and walking frames are carried free of charge. The Luggage Upsize™ fee may be prepaid at the rates set out in our Website under Travel Info when making your reservation online. If you wish to add Checked Baggage to your booking or increase Checked Baggage at a later date you can do this by calling the Tiger Airways call centre up to 72 hours prior to departure. Alternatively you may purchase a 15 kilogramme Luggage Upsize™ allowance at the airport on check-in for which there will be a charge as set out in our Website under Travel Info. Any Checked Baggage over and above your Luggage Upsize™ limit will be charged at current Excess Checked Baggage rates as referred to below.
All Checked Baggage remains subject to our rules regarding maximum size and subject to the conditions and limitations contained in our Terms & Conditions.
Any Checked Baggage exceeding 30 kilogrammes will be subject to current Excess Checked Baggage fees, as provided in Article 9.6.
Luggage Upsize™ excludes sporting equipment - see Sports Equipment Check-in.
All Luggage Upsize™ fees paid are strictly non-transferable and non-refundable except where you are entitled to a refund of your fare in accordance with the Conditions of Contract. For instance, if you cancel your flight or your Baggage checked-in at the counter does not reach your selected amount, such fees paid cannot be transferred to another Passenger nor refunded to you.
9.6 Excess checked baggage:
You will be required to pay a charge for carriage of Checked Baggage in excess of the Luggage Upsize™ you have purchased, at the rates set out in our Fees and Charges. Excess Checked Baggage rates may be varied from time to time and will be available in our Fees and Charges or from us upon request and available at check-in. Carriage of all excess Checked Baggage is at our discretion and subject to space availability.
9.7 Unchecked baggage:
For Tiger Airways Singapore international (TR-prefix) flights, only 1 (one) piece of Baggage plus an additional hand-bag or laptop is allowed to be carried on board provided that it does not exceed the dimensions of 54cm X 38cm X 23cm and provided that it does not weigh more than 7 kilogrammes. Such Baggage must fit under the seat in front of you or in an enclosed storage compartment in the cabin. Items determined by us to be of excessive weight or size or of an offensive nature will not be permitted on board.
For Tiger Airways Australia domestic (TT-prefix) flights, only 2 (two) pieces of Baggage are allowed to be carried on board provided that it does not exceed the dimensions of 54cm X 38cm X 23cm and provided that no individual bag exceeds 7 kilogrammes and the combined weight of the Baggage does not exceed 10 kilogrammes. Such Baggage must fit under the seat in front of you or in an enclosed storage compartment in the cabin. Items determined by us to be of excessive weight or size or of an offensive nature will not be permitted on board.
Objects not suitable for transport in the cargo compartment will not be accepted for transportation in the cabin compartment except as otherwise provided in these Terms and Conditions or with our prior written consent. The transport of such objects may be charged for separately.
9.8 Collection and delivery of baggage:
- You shall collect your Baggage as soon as it is available for collection at your destination. If you do not collect it within a reasonable time and the Baggage needs to be stored at our premises, we may charge a storage fee. If Checked Baggage is not claimed within 3 (three) months of the time it was made available to you, we may dispose of it without any liability to you.
- Only the bearer of the Baggage Identification Tag delivered to the Passenger at the time the Baggage was checked in, is entitled to delivery of Baggage. If a person claiming the Baggage is unable to produce a Baggage Identification Tag for identification of the Baggage, we will deliver the Baggage to such person only on condition that he has established to our satisfaction his right thereto, and if required by us, such person shall furnish adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery.
- Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is reasonable evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage between us unless you prove otherwise.
9.9 Other conditions:
Other conditions relating to the carriage of your Baggage, including but not limited to carriage of sporting equipment and musical instruments, can be found on our Website on the "
Baggage" page.
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Article 10: Schedules, cancellations
10.1 Schedules:
We will use our best efforts to avoid delay in carrying you and your Baggage. We will endeavour to adhere to published schedules in effect on the date of travel. However, times shown in timetables, schedules or elsewhere are subject to change at any time and we shall not be liable in any way whatsoever for any loss incurred by Passengers as a result of such change.
10.2 Cancellation, changes of schedules:
At any time after a booking has been made we may change our schedules and/or cancel, terminate, divert, postpone, reschedule or delay any flight where we reasonably consider this to be justified by circumstances beyond our control or for reasons of safety or commercial reasons. In the event of such flight cancellation or changes to the schedule so as to depart more than 4 (four) hours before or after the scheduled departure time, the Passenger may elect, either:
- To be carried at the earliest opportunity on another of our scheduled services to the same destination on which space is available without additional charge and, where necessary, extend the validity of your booking; or
- To retain the value of your fare in a credit account for your future travel provided you re-book within 6 (six) months there from; or
- To receive a refund in accordance with these Terms & Conditions.
Where a cancellation or significant alteration is made to our schedule before the date of your departure, we will use reasonable efforts to inform you of any such cancellation or alteration.
10.3 Sole remedies:
Upon the occurrence of any of the events set out in Article 10.2, the options outlined in Article 10.2 (a) to (c) are the sole and exclusive remedies available to you and we shall have no further liability to you.
10.4 Denied boarding:
If we are unable to provide you with previously confirmed space on any flight as a result of over-booking, we shall provide you with compensation in accordance with our Denied Boarding Policy.
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Article 11: Refunds
11.1 General:
There shall be no refund whatsoever except in the circumstances as provided herein.
11.2 Taxes:
If after having made a reservation you do not fly with us, whether or not a refund of the fare is payable, you will be entitled to claim a refund of any taxes advised to you and payable by you, which as a consequence we have no obligation to pay to any government or other authority. We reserve the right to deduct an administration fee, from any such refund where you fail to fly with us despite a flight being available.
11.3 Proper person/mode of refund:
In the event that we make a refund, it shall be made in the same mode of payment as was originally made and to the person who paid for the booking, upon presentation of identification and satisfactory proof of such payment.
11.4 Currency:
All refunds will be subject to government laws, rules and regulations or orders of the country in which the booking was made. Subject to the foregoing provision, refunds will normally be made in the currency in which the booking was paid for but may be made in another currency. For Domestic Flights, all refunds will be made in Australian Dollars.
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Article 12: Conduct aboard aircraft
12.1 If in our reasonable opinion you conduct yourself on board the aircraft so as to endanger the aircraft or any person or property on board, or obstruct or hinder the crew in the performance of their duties, or fail to comply with any instruction of the crew including but not limited to those with respect to smoking, alcohol, use of cellular telephones, or use any threatening, abusive or insulting words towards the crew or behave in a manner which causes discomfort, inconvenience, damage or injury to other Passengers or the crew, we may take such measures as we deem necessary to prevent continuation of such conduct including restraint. You may be disembarked and refused onward carriage at any point and may be prosecuted for offences committed on board the aircraft.
12.2 If as a result of your conduct we decide, in the exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading you, then you shall be liable for all costs which we incur of any nature whatsoever as a result of or arising out of that diversion.
12.3 For safety reasons, we may forbid or limit operation on board the aircraft of electronic equipment, including but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio-controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
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Article 13: Liability limitations
13.1 Warsaw, Montreal Convention notice:
If the Passenger's Journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention 1999 may be applicable and the Warsaw Convention or the Montreal Convention 1999 governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage.
13.2 Notice of baggage liability limitations:
Liability for loss, delay or damage to Baggage is limited unless a higher value is declared in advance and additional charges are paid. Liability for Domestic Flights and liability for International Flights vary according to the respective law.
13.3 Where the Warsaw Convention or the Montreal Convention 1999 are not applicable:
Where your carriage is not subject to the liability rules of the Warsaw Convention or the Montreal Convention 1999, the following rules shall apply:
- Any liability we have for Damage will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.
- We will not be liable for Damage to Checked or Unchecked Baggage unless such Damage is caused by our negligence and such Baggage was within our control or custody.
- Except in the case of an act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Checked Baggage shall be limited to US$20 per kilogramme and in the case of Damage to Unchecked Baggage shall be limited to US$400 per Passenger, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. If the weight of the Baggage is not recorded on the Baggage Identification Tag, it is presumed that the total weight of the Checked Baggage does not exceed 15 kilogrammes.
- We will not be liable for any Damage arising from our compliance with applicable laws or government rules and regulations or from your failure to comply with the same.
- Except where other specific provision is made in these Terms & Conditions, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with applicable law.
- We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property.
- We shall have no liability whatsoever for Damage to articles or items not permitted to be contained in Checked and Unchecked Baggage including but not limited to fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, title deeds or samples.
- We are not responsible for any illness, or disability, including death, attributable to your physical condition or for the aggravation of such condition.
- All arrangements and services provided by us in respect of assistance provided to Passengers with reduced mobility and payment(s) made by us to the handling agent for such services are as agent for and on behalf of you.
- We, our agents and employees shall not be liable for any death, personal injury (unless such death or personal injury was caused by our negligence or our agents and employees ), loss or damage however caused.
- You voluntarily assume all risk and danger in connection with the assistance provided to Passengers with reduced mobility including any death, personal injury, loss, damage or liability. Any complaints regarding the service shall be directed to and dealt with by the handling agent for such services.
- The contract of carriage including these Terms & Conditions and exclusions or limits of liability, applies to our authorised agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such authorised agents, servants, employees and representatives shall not exceed the amount of our own liability if any.
- Nothing in these Terms & Conditions shall waive any exclusion or limitation of our liability under the Warsaw Convention or any other applicable Convention or applicable local laws unless otherwise expressly stated by us. We will not in any circumstances be liable for indirect or consequential damages and in no event will our obligations exceed any liability specified in these Terms and Conditions.
13.4 Where your travel is a Domestic Flight, it is subject to the provisions of the Civil Aviation (Carrier's Liability) Act 1959 as amended (or any replacement legislation) or complementary State legislation. Our liability for your injury or death is limited to AUD$500,000, for loss or damage to Checked Baggage it is limited to AUD$1,600 per Passenger and AUD$160 per Passenger for Unchecked Baggage.
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Article 14: Time limitation on claims and aActions
14.1 Notice of claims - International Flights:
Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest, within 7 (seven) days of receipt of the Baggage. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within 21 days from the date the Baggage has been placed at your disposal. Every such notification must be in writing and posted or delivered to us within the above periods.
14.2 Notice of claims - Domestic Flights:
Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. If you wish to file a claim or an action regarding loss or damage to part only of an item of Checked Baggage or Unchecked Baggage, you must notify us within 3 (three) days of the date the carriage ended. If you wish to file a claim or an action regarding loss or destruction of a whole item of Checked Baggage, you must notify us within 21 days from the date you should have received the Baggage. Every such notification must be in writing and posted or delivered to us within the above periods.
14.3 Limitation of actions:
Any right to damages shall be extinguished if an action is not brought against us within 2 (two) years of the date of arrival at the destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.
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Article 15: Choice of law and jurisdiction
15.1 Unless otherwise provided by the Convention or any applicable law, government regulations, orders or requirements:
- these Terms and Conditions and any carriage which we agree to provide you with (in respect of yourself and/or your Baggage) shall be governed by the laws of Singapore for International Flights or Australia for Domestic Flights; and,
- Any dispute between you and us concerning or arising out of such carriage in any way whatsoever shall be subject to the non-exclusive jurisdiction of the Courts of Singapore for International Flights or Australia (the State of Victoria) for Domestic Flights.
15.2 A party that is not a party to the relevant contract of carriage shall not have any right to enforce any terms therein including these Terms and Conditions, pursuant to the Contract (Right of Third Parties) Act (Singapore) or otherwise at law in Australia.
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Article 16: Modification and waiver
16.1 None of our agents, employees nor representatives has authority to alter, modify or waive any provisions of the Conditions of Contract.
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