CONDITIONS OF CARRIAGE
JETSTAR AIRWAYS PTY LIMITED
ABN 33 069 720 243
CONDITIONS OF CARRIAGE
(Passenger and Baggage)
1. DEFINITIONS OF EXPRESSIONS USED
Airline Designator Code means the two or three characters or letters which identify particular Carriers.
Authorised Agent means a licensed passenger sales agent who represents Jetstar in the sale of air passenger transportation on Jetstar 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 (if any) which is included in your fare as stated in 7.1 for travel on Jetstar services.
Baggage Identification Tag means the numbered baggage document issued to you that corresponds to the tag attached to each item of Checked Baggage for the purpose of identifying the Checked Baggage.
Booking means the details which we or our Authorised Agent have entered in our system relating to a journey to be made by a Passenger.
Booking Reference means the reference issued by us or our Authorised Agent which appears on your Ticket or Itinerary and Tax invoice and which identifies the Booking you have made with us.
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 (if any) which we have taken into our custody for carriage in the hold of the aircraft and for which we have issued a Baggage Identification Tag or Baggage receipt or both.
Check-in Deadline means the time limit specified by Jetstar by which you must have completed check-in and received your boarding pass.
Code share 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 fare rules, as applicable.
Convention means whichever of the following apply:
- 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. 4 of Montreal (1975),
- the Guadalajara Supplementary Convention (1961),
- the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Montreal 28 May 1999 (the Montreal Convention),
- any other applicable protocols or conventions and any enabling legislation.
Damage includes death of, wounding of or bodily or personal injury to a Passenger and also includes loss, partial loss, theft or other damage to Baggage arising out of or in connection with, either carriage on flights we operate or other services we provide. However, it does not include normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts.
Days means a full calendar day. For the purpose of notification, the day upon which the notice is sent 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 stopping place outside that country.
Frequent Flyer Award means a booking issued in exchange for the redemption of frequent flyer points.
International Carriage means travel between two or more countries including any flights within those countries where they are combined with any international flights.
Itinerary and Tax Invoice means a document or documents we or our Authorised Agents issue to Passengers travelling on a Booking which includes the Passenger’s name, flight information and notices.
Jetstar, we, us, our for the purposes of these Conditions of Carriage means Jetstar Airways Pty Limited, ABN 33 069 720 243.
Passenger means any person with a Booking who is to be carried or who is carried on an aircraft, except members of the crew.
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, this equates to approximately AU$1.75 or NZ$2.20 but this will fluctuate depending on exchange rates.
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 the document issued by Jetstar or an Authorised Agent containing details of a Booking, and includes an electronic ticket.
we, us, our, ourselves see the definition for Jetstar.
you, your, yourself means the Passenger.
2. WHEN THESE CONDITIONS OF CARRIAGE APPLY
2.1 Application of Conditions of Carriage
Except as provided in 2.4, 2.7, 2.8, 2.9 and 2.10, these Conditions of Carriage apply wherever “Jetstar” or our Airline Designator Code “JQ” is shown on a Booking, 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 Frequent Flyer Award travel.
2.3 Basis of carriage
The carriage of a Passenger on any flight by Jetstar is, without exception, subject to:
- a Booking,
- these Conditions of Carriage,
- applicable laws which may include the Civil Aviation (Carrier’s Liability) Act 1959 (Australia) and any international Conventions that may apply to the journey in question,
- any applicable Tariffs filed by us with regulatory bodies,
- any specific directions given to a Passenger in writing, or orally by Jetstar staff, and
- the fare rules and conditions or Frequent Flyer Award redemption rules, as applicable.
2.4 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.
2.5 Variation and Waiver
No Jetstar 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.
2.6 Conditions prevail
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 2.7, if any of these Conditions of Carriage is inconsistent with any special procedures we may have, these Conditions of Carriage will prevail to the extent of the inconsistency.
2.7 Overriding law
These Conditions of Carriage do not apply to the extent that they are inconsistent with any laws that apply to your carriage.
In respect of any goods or services we may provide other than carriage, certain statutory guarantees or warranties may apply for the benefit of consumers. For example, for consumers, services may come with a non-excludable guarantee or warranty that they will be provided with due care and skill. The nature and application of these guarantees or warranties will depend on the relevant jurisdiction. Nothing in these Conditions of Carriage is intended to exclude or restrict the application of such consumer laws.
In respect of goods or services acquired for business purposes and not as a consumer:
(a) consumer guarantees and warranties, including under the Competition and Consumer Act 2010 (Cth), a Fair Trading Act or the New Zealand Consumer Guarantees Act 1993 (NZ), will not apply where these Conditions of Carriage apply, provided that the relevant terms may by law be excluded; and
(b) if a statute or other law provides a guarantee or warranty that cannot be excluded, to the extent permitted by law our liability for a breach of the guarantee or warranty will be limited to either supplying the goods or services again or paying the cost of having them supplied again, as determined by us.
2.8 Charter operations
If carriage is performed by Jetstar under a charter agreement (hire arrangement), these Conditions of Carriage apply unless Passengers are advised otherwise.
2.9 Other travel arrangements
If Jetstar transports you or arranges to transport you by means other than aircraft, eg. by bus, train or boat, or arranges accommodation or car rental, we do so only as an agent. There may be additional or different conditions of carriage applicable to those arrangements. Where these include limitations of liability that are lower than the limitations of liability in these conditions of carriage, the lower limitation will apply to your non-aircraft arrangements.
If we arrange travel for you on a flight with another Carrier’s Airline Designator Code, we do so only as agent for that Carrier and the other Carrier’s conditions of carriage will apply.
2.10 Code shares
On some routes Jetstar offers our services together with other Carriers, placing Jetstar’s designator code (JQ) on flights operated by other Carriers under code share agreements. This means that even if you have made a Booking with us and hold a Ticket for a Jetstar flight showing ’JQ’ as the Airline Designator Code, you may travel on another Carrier’s aircraft.
For a code share flight operated by another Carrier, Jetstar will advise the Passenger of the identity of the operating Carrier prior to the time of reservation.
Passengers travelling on a flight operated by another Carrier may be subject to terms and conditions of the operating Carrier that differ from those of Jetstar, including those regarding:
(a) check-in provided in clause 8;
(b) refusal and limitation of carriage provided in clause 10;
(c) restriction of acceptance of baggage, free baggage allowance and excess baggage charge provided in clause 7; and
(d) for code share flights involving an airport of the United States of America, the tarmac delay contingency plan of the operating Carrier governs with respect to any tarmac delay (meaning any delay of an aircraft on the ground at any airport of the United States of America during which passengers are not allowed to deplane).
2.11 EC Directive - Package Travel and Holiday Tours (United Kingdom)
This clause 2.11 applies only if you have purchased a fare for travel on our services as part of a package tour and European Community Directive 90/314/EEC on Package Travel and Holiday Tours applies.
We or an Authorised Agent will, if you ask, issue a new Ticket to somebody else to replace your Ticket if:
- 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.
3.1 Preparing to travel
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 embassies or 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.
If we provide assistance or information 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
If you are travelling overseas, 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, and the United States Department of State.
3.3 Travel Insurance
Because travel involves many risks, and our liability to you is limited, you may choose to purchase travel insurance, which can cover things like:
- changes in travel plans and travel cancellation,
- medical and hospital expenses,
- personal injury and death,
- delayed, damaged or lost Baggage and other items, or
- missed flight connections and additional expenses.
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 Booking 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 blood clots in the legs (DVT - Deep Vein Thrombosis). If you feel you may be at risk from DVT or other health problems, consult with your doctor before travel.
Information on health issues can be found on our website at jetstar.com or in our in-flight magazine.
If you are pregnant, the following precautions must be observed.
For travel after the first 28 weeks of your pregnancy: you need to carry a certificate or letter from a registered medical practitioner or registered midwife confirming:
- the estimated date of delivery
- whether it is a single or multiple pregnancy; and
- that there are no complications with your pregnancy
For flights of four hours or more:
- if you are having no complications with your pregnancy you can travel up to the end of the 36th week of your pregnancy for single pregnancies or up to the end of the 32nd week for multiple pregnancies (for example, twins)
- medical clearance is required if you are having complications with your pregnancy
For flights of less than four hours:
- if you are having no complications with your pregnancy you can travel up to the end of the 40th week of your pregnancy for single pregnancies and up to the end of the 36th week for multiple pregnancies (for example, twins)
- Medical clearance is required if you are having complications with your pregnancy
If you wish to travel within seven days after delivery, medical clearance is required. Infants cannot travel for 48 hours after delivery and need medical clearance to travel between three and seven days after delivery.
- 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 prior to your flight. The periods referred to above are only our minimum requirements
- Some countries place limitations on the entry of non-national pregnant women. Check with the relevant embassy or consulate before you travel to confirm any further limitations.
Jetstar collects 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 Jetstar or other organisations, conduct marketing activities and market research and for administrative and legal purposes. If the information is not provided, Jetstar may not be able to provide the service requested. By making a Booking, you authorise Jetstar to retain and disclose your personal information to its related companies, other carriers, travel service providers, organisations which provide services to Jetstar, such as collecting commissions (more details are in our Privacy Statement on jetstar.com), your employer if you are travelling on a Booking purchased by your employer, various law enforcement agencies and governments around the world for security, customs, emergency and immigration purposes. You may be required by government regulations to provide specific personal data or information to us, including information to enable us to notify your family members in the event of an emergency. You can gain access to the information Jetstar holds about you by contacting Jetstar Customer Relationships in writing at Jetstar Airways Pty Limited, GPO Box 4713, Melbourne VIC 3001. Charges may apply.
4.1 When is a Booking made?
A Booking for a flight is made when recorded as accepted and confirmed by Jetstar or an Authorised Agent. If you ask, we or our Authorised Agent will give you written confirmation of your Booking. We do not accept any responsibility for any loss you may incur as a result of making arrangements for travel on Jetstar through anyone other than Jetstar or its Authorised Agent
4.2 Payment essential
Even if you have a Booking for a flight, if Jetstar has not received your payment you will not be carried.
Reconfirmation is not required for Jetstar flights. However, you may need to reconfirm your reservation on any other carriers on which you intend to travel. 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. Unless Jetstar has advised otherwise, Jetstar does not provide for connecting flights.
4.4 Some Bookings cannot be changed
Jetstar offers a choice of different fare types and bundles that are subject to different fare and bundle rules and are priced differently. Your reservation is subject to the fare and bundle rules applicable to the type of fare or bundle you choose. These are available to you at the time of booking. Please note the fare and bundle rules and in particular any change fees or restrictions that may apply.
Jetstar may increase such fees or charges from time to time. If such a change will affect your existing booking, we will give at least one month’s notice of the change by updating the information page on Jetstar.com at www.jetstar.com/au/en/planning-and-booking/fares/fees-and-charges.
4.5 Specific assistance
Generally we will not allow a person to travel without an accompanying passenger unless the person can travel independently, meaning that they can travel safely without assistance, supervision or both. We do not have the systems, staff or facilities required to assume responsibility for such assistance and supervision. Children requiring supervision will not be regarded as able to travel independently on the basis that they may cause a disruption or endanger themselves or others if travelling unaccompanied.
However, we do provide specific assistance services to accommodate customers who need to travel with a service dog and for customers who require a wheelchair (see 5.3). If you need to use these special services please make arrangements through Jetstar Reservations. Other animals will not be carried unless required by law.
Accompanying passenger means a paying Passenger who, in our reasonable opinion, can travel independently and is able to and will provide the appropriate assistance, supervision, or both, as is required for the particular customer they are accompanying. As a guide, Jetstar generally will not consider a passenger to be an appropriate accompanying passenger for a child unless the passenger is at least 15 years old.
4.6 Seat Allocation
Although we will try to accommodate your seat reservation request, Jetstar does not guarantee you any particular seat. We can change your seat at any time, even after you have boarded the aircraft, including for safety, security or operational reasons.
If we need to ask you to downgrade your class of travel for any reason, we will:
- Provide you with an appropriate refund of the fare difference (or frequent flyer points if applicable), or
- Provide you with a reasonable alternative flight on our services.
5.1 What your fare covers
Your fare covers the flight(s) for you and your applicable Baggage Allowance:
- from the airport at the place of departure specified in your Booking,
- to the airport at the place of destination specified in your Booking.
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. Meals and refreshments are not included in your fare unless the applicable fare rules provide otherwise.
5.3 Carriage of Wheelchairs and Service Dogs
Your fare also covers carriage of your service dog or wheelchair, if you require one to travel. Please notify Jetstar Reservations of your requirements when you make your Booking. Limits may apply.
5.4 Non-refundable fares
Some fare types are non-refundable. Please refer to the applicable fare rules for more information.
Even if your fare is non-refundable, if you do not travel you may be able to claim a refund of certain charges or taxes excluding fuel and insurance surcharges. If there is a charge or tax which Jetstar collects on a per passenger basis to remit to an airport or taxing authority, and we do not have to remit that amount as a result of you not travelling, we will refund that amount to you, after deducting a reasonable administration fee (see Fare Information for current fees). If the administration fee reasonably incurred exceeds the amount of the refund, no refund will be paid.
5.5 Paying for your Booking
You or someone on your behalf must pay for your Booking, which means that payment must be made for:
- the applicable fare,
- any other applicable surcharges, fees or taxes, and
- any applicable amounts relating to changes to your Booking, which may include change fees and fare differentials.
You must pay for your Booking in the currency specified by Jetstar.
5.7 Charges and taxes
The price of your Booking may include significant amounts of surcharges, fees and taxes. You may also be required to pay additional charges, fees and taxes not marked on the Itinerary and Tax Invoice direct to third parties. For example, airport departure charges may be levied directly on you at an international airport. Such amounts will not be marked on your Booking.
6.1 Ticket not transferable
You must not give or sell your Booking to anyone else to use. Except to the extent required by law or provided under the applicable fare rules, a Booking is not transferable to another person. If someone else presents themselves to travel on your Booking and we discover that that person is not you, we may refuse to carry that person. However, if we do not discover that the Booking has been transferred and as a result carry the person or give them a refund, we are not obliged to replace your Booking or give you a refund.
The applicable fare rules may permit you to change the passenger name and create a new Booking if you pay any applicable fare difference and change fees.
6.2 Booking and travel dates
(a) No open Bookings
Unless the fare rules provide otherwise, you cannot hold an open Booking. Your Booking must be for travel on a specific flight.
(b) Frequent Flyer redemption travel
Frequent Flyer redemption bookings are valid for one year from the date of the first Booking. Any changes you make to your Booking must be for a flight within this period.
6.3 Booking Reference
You must keep your Booking Reference secure so that no one else can attempt to use it.
7.1 Baggage allowance
You may carry a limited amount of Cabin Baggage without additional charge provided it complies with these Conditions of Carriage. Infants not occupying a seat do not have a Cabin Baggage allowance.
Some fare or bundle types do not include any Checked Baggage allowance. Please refer to the applicable fare and bundle rules for more information. These are available to you at the time of booking. The current allowances and restrictions for Cabin Baggage and Checked Baggage are set out on our website and may change. If a change in the applicable free Cabin Baggage allowance, or in the restrictions within Jetstar’s control for Cabin Baggage and Checked Baggage, will affect your booked travel, we will give at least one month’s notice of the change by updating the Baggage section on our website, or by such other notice as is required by law.
A Passenger who does not travel cannot transfer their unused Cabin Baggage or Checked Baggage allowance to any other passenger(s), including passenger(s) in the same Itinerary.
7.2 Prohibited items
We will not carry, and you must not try to bring on board the following prohibited items:
- items prohibited from being carried on any aircraft by any applicable national or international law, regulation or order,
- weapons of any type (except see 7.3 ),
- 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, and the International Air Transport Association (IATA) Dangerous Goods Regulations. Further information is available from us on request,
- any other items which we have identified to you as prohibited items including but not limited to 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,
- brief cases and attaché cases incorporating dangerous goods such as lithium batteries,
- animals (except permitted service animals),
- pyrotechnic devices, disabling devices such as mace, pepper spray, etc containing an irritant or incapacitating substance are totally forbidden.
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.
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.
We may agree, but are not obliged, 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 scheduled departure date.
7.4 Restrictions on checked baggage
You must not include in your Checked Baggage:
- fragile, delicate or perishable items,
- items with a special value, such as money, jewellery, precious metals, silverware,
- negotiable papers, share certificates, securities or other valuable documents,
- electronic equipment,
- commercial goods or business documents, or
- passports and other travel documents.
Our liability for loss or Damage to your baggage is limited (see clause 15, below). 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. .
7.5 Restrictions on cabin baggage
All Cabin Baggage must comply with all applicable size and weight restrictions. 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. These items must be packed in your Checked Baggage. They cannot be carried in your Cabin Baggage or on your person. If they are, the articles will be removed and not returned.
Passengers carrying hypodermic needles will need to declare them at the screening point. Where possible, the Passenger should provide documentation or identification to confirm the Passenger’s relevant medical condition. Medication should have a professionally printed label identifying the medication or a manufacturer’s name or pharmaceutical label affixed. Please contact Jetstar should you have a question.
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 (at the airport)
You must not take on board more Cabin Baggage than allowed (see 7.1). Charges will apply to all Checked Baggage in excess of the Checked Baggage allowance. See Checked Baggage for current charges. Jetstar may not be able to carry your excess baggage.
Jetstar, government or airport officers may:
- require you to submit to clothing and body searches and/or screen,
- 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 and/or screen, or if you refuse to submit yourself 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 relevant Convention or other applicable law, if a search or screen causes Damage to you, or a search, screening or x-ray causes Damage to your Baggage or articles that are removed from your Baggage, we will not be liable for the Damage unless it was caused by our negligence.
8.1 Check-in Deadline
Check in deadlines apply and may be strictly enforced. To help us get your flight away on time, ensure you are at the boarding gate by the time specified.. You will not be able to check-in after the Check-In Deadlines. Arrival after these Check-In Deadlines may result in you forfeiting the entire fare paid. The aircraft will not be held for you if you arrive late at the boarding gate. You cannot check in at the boarding gate. Please see jetstar.com for your checking in options.
8.2 At check-in
All Passengers, including children, must present their Booking Reference, any necessary travel documents (see 3.1) and acceptable forms of identification at check-in. For infants not requiring their own seat, proof of age (under 2) may be required, such as birth certificate. If you do not provide necessary travel documentation and form of identification at check-in, then you may not be allowed to travel. For all international travel a valid passport with the required validity period will be required.
At check-in we will issue your boarding pass and Baggage receipt for any Checked Baggage. Keep these with you throughout your travel.
8.3 If you are late
If you arrive late at check-in or the boarding gate (see 8.1), you will forfeit your Booking and no refund will be paid, unless otherwise provided in the applicable fare rules, or these Conditions of Carriage, or otherwise notified by Jetstar or required by law or Convention.
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.
9. SCHEDULES, LATE OR CANCELLED FLIGHTS
(a) Jetstar does not guarantee it will be able to carry you and your Baggage in accordance with the scheduled date and time of the flights specified. Schedules may change without notice for a range of reasons including but not limited to bad weather, air traffic control delays, strikes, technical disruptions and late inbound aircraft. Flight times do not form part of your contract of carriage with us.
(b) Before we accept your Booking, we or our Authorised Agents will tell you the scheduled departure time of your flight and it will be shown on your Itinerary and Tax Invoice. We may need to change the scheduled departure time of your flight after your Itinerary and Tax Invoice has been issued. If you give us or our Authorised Agents contact information, we or they will try 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. Except as provided for by Convention or any applicable law, we will not be liable to you for any losses that you may incur if you fail to do so.
(c) If, after you pay for your Booking, we make a significant change to the scheduled departure time of your flight or the flight is cancelled (except where this is due to circumstances beyond our control) and:
- this change means you are unable to use your Booking for its intended purpose, and
- we or our Authorised Agents cannot book you on another flight which you are prepared to accept;
we will give you a fare refund. Unless provided for in a Convention or any applicable law, we will not be responsible for paying any costs or expenses you may incur as a result of the changed time or cancellation.
9.2 Changes due to circumstances beyond our control
Where a delay or cancellation is caused by circumstances beyond our control, whether you have checked in or not, Jetstar will try to assist you to get to your destination, but will not be responsible for paying any costs or expenses you may incur as a result of the delay or cancellation, unless otherwise required by law.
9.3 No flight connections provided
Unless you have been advised otherwise by Jetstar, you must collect your Checked Baggage after each individual flight. It is the Passenger’s responsibility when making Bookings to allow sufficient time between the first flight’s arrival and next flight’s departure for Baggage collection and recheck. Please see jetstar.com for more information.
10. REFUSAL OF CARRIAGE/DENIED BOARDING
10.1 Refusal of carriage
Even if you have a Booking, 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 a Booking,
- 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 required time ( 8.1 ) 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 3.4 ),
- because you require special assistance and you have not previously made arrangements for (see 4.5 ),
- 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 are not wearing footwear,
- if you have made a threat,
- because you have committed misconduct on a previous flight and we are not satisfied that misconduct will not recur,
- because you cannot prove you are the person specified in the Booking on which you wish to travel,
- because your Booking:
- is not paid for,
- 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 counterfeit or otherwise invalid.
- if we believe you will attempt to enter a country in which you have landed as a transit passenger without permission,
- if you have refused to give your travel documents to a member of our staff or allowed us to copy your travel documents, or you have destroyed your travel documents during the flight.
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 us on your Itinerary and Tax invoice.
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 make a Booking 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.
If you are denied boarding due to overbooking of a scheduled flight for which you have a Booking, we will try 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 clause 10.3 does not apply if you fail to meet the Check-in Deadline and boarding requirements in 8.1 or we exercise our right to refuse to carry you.
If we are unable to accommodate your Cabin Baggage, we may ask you if we can stow it in the aircraft hold as Checked Baggage. In these circumstances you will not be charged for the relevant Checked Baggage.
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 directions of any crew member on your Jetstar flight, 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 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 in this regard, we may retain the device until the end of the flight. Hearing aids and heart pacemakers are permitted.
- do not smoke,
- if you drink alcohol, drink only in moderation and only alcohol served on your Jetstar flight as part of its in-flight bar service. Consumption of alcohol purchased prior to your flight is not permitted onboard the aircraft,
- use infant restraints as directed,
- 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; and
- do not behave in a manner to which other Passengers may reasonably object.
11.2 Control of Passengers
We will take all reasonable steps to maintain the comfort, safety and security of all Passengers. If necessary, we may restrain you or remove you from any flight anywhere, for example if you:
- conduct yourself 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 on board an aircraft,
- tamper or interfere with the aircraft or its equipment.
If we offload you, you may be refused further carriage on Jetstar and may be prosecuted for any offences committed on board the aircraft.
11.3 Diversion costs caused by unacceptable behaviour
If we divert the aircraft to an unscheduled destination as a result of your failure to comply with the requirements set out in these Conditions of Carriage or your conduct described in 11.1, you must pay us the reasonable costs of the diversion.
11.4 Smoking prohibited
Smoking is not permitted on any Jetstar aircraft.
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 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 us
If we have Baggage you claim is yours but you do not have the Baggage Identification Tag, we will release the Baggage 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 reasonable directions given to you by us .
12.4 Disposal of Baggage by us
If you do not collect your Checked Baggage and you have not claimed it within 28 Days after your flight, we may sell or otherwise dispose of it without notifying you and without liability on our part.
We are not liable for any loss you may suffer as a result of your leaving any belongings on an aircraft when you disembark (unless the loss was caused by our fault) or in the airport terminal or lounge.
12.5 If you collect the wrong bag
If you pick up the wrong bag from the baggage carousel, it is your responsibility immediately to return the bag at your own cost to the baggage claims officer or airport manager at the airport where you collected it.
13. REFUSAL OF ENTRY AND FINES
13.1 Refusal of entry
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,
- we may, at our discretion, set off any refund owing to you, including for Booked but unused flights, against the amount of that return or other fare (if unpaid), and
- we will not refund the fare for carrying you to the place where you were denied entry.
13.2 Reimbursement of costs
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, at our discretion, set off any refund owing to you for Booked but unused flights against any such amounts.
14. APPLICATION OF CONVENTION AND LAWS
International Carriage is governed by a Convention, where applicable, or under applicable laws where a Convention does not apply. 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 in the case of intra-State travel, complementary State legislation. Where your travel is wholly within a foreign jurisdiction, it is governed by equivalent legislation applicable within that jurisdiction.
Our liability may be limited in respect of death or injury, Baggage or delay under a Convention or applicable laws.
15. LIABILITY FOR DAMAGE
Other than as specified in these Conditions of Carriage and to the extent permitted by any applicable law, we exclude all liability for any costs, expenses, losses or Damages whatsoever that may arise in any way in connection with the carriage.
15.2 Negligence by you
If any Damage was caused or contributed to by you, our liability may be reduced in accordance with applicable laws.
15.3 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 their conditions of carriage.
15.4 Our liability for your death, injury or delay
- 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. Our liability for your bodily injury or death is limited to AU$725,000.
(b) International Carriage
- For any recoverable compensatory Damages up to 113,100 SDRs (about AU$175,000) 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 in respect of death or bodily injury to the extent that they exceed for each Passenger 113,100 SDRs (about AU$175,000), if we prove that:
(i) such Damage was not due to the negligence or other wrongful act or omission of us or our agents, or
(ii) such Damage was solely due to the negligence or other wrongful act or omission of a third party
- In the case of passenger delay;
(i) where the Warsaw Convention applies, we will be liable for recoverable 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, or
(ii) where the Montreal Convention applies, we will be liable for recoverable 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 4,694 SDR’s (about AU$7,700).
(c) New Zealand
- Where your travel is wholly within New Zealand and is not International Carriage:
(i) 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 Accident Compensation Act 2001,
(ii) any liability arising under the terms of carriage (see 2.3), 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 Accident Compensation Act 2001 will be limited to a sum not exceeding NZ$100,000 (including all legal costs), whether or not such liability was caused by our negligence.
(iii) our liability for any Damage sustained by you due to delay in your carriage is 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 will, 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 will not be less than the equivalent of 15,000 SDRs (about AU$23,000 or EUR17,000) 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.
- We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition, except to the extent that any applicable law requires otherwise.
15.5 Our liability for damage to your baggage
- Where your travel is wholly within Australia and is not International Travel 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.
(b) International Carriage
- 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.
- Where the Warsaw Convention applies, the limit is 250 francs (about AU$32) for each kilo of your Checked Baggage affected and 5,000 francs (about AU$640) for your Cabin Baggage, unless Article 25 of the Warsaw Convention applies, in which case these limits do not apply.
- Where the Montreal Convention applies, the limit is 1,131 SDRs (about AU $1,750), cumulative for both Checked Baggage and Cabin Baggage, unless Article 22.5 of the Montreal Convention applies, in which case these limits do not apply. In the case of Checked Baggage, we will not be liable if the baggage was defective. We will only be liable for Cabin Baggage if we were at fault.
- If neither the Warsaw nor the Montreal Convention applies, different limits may apply.
(c) 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 under the Carriage of Goods Act 1979. 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.
- We will be liable only for Damage occurring during air Carriage booked on our Airline Designator Code. If we 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 to the extent caused or contributed to by your 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.
- We are not liable for normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts.
- If the weight of your Checked Baggage is not recorded on your Baggage receipt we will presume it is not more than the applicable Baggage Allowance for the class of carriage.
15.6 Liability for breach of condition or warranty
To the extent permitted by law, 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 Competition and Consumer Act 2010 (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. CLAIMS BY YOU
16.1 Death or personal injury claims
- If you wish to make a claim against us relating to personal injury or death, you or your personal representative should notify us in writing as soon as possible.
- Where your travel is wholly within 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 Accident Compensation Act 2001, you or your personal representative should lodge a claim in the manner provided in the Accident Compensation Act 2001.
16.2 Baggage claims
If the person with a Baggage receipt receives Checked Baggage without making a complaint, it will be reasonable evidence that the Checked Baggage was delivered in good condition, unless proven otherwise.
Any claim for loss of or Damage to Checked Baggage or Cabin Baggage must be made in writing 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, after the date of receipt of the 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, and
- 3 days in the case of Damage to or loss or destruction of Cabin Baggage.
- 7 days in the case of Damage to your Checked Baggage,
- in the case of delay, within 21 days from when the Checked Baggage has been made available to you.
If you miss these deadlines, you will lose any right to claim.
If you wish to make a claim against us for loss or Damage to Checked Baggage or Cabin Baggage, please present the Baggage at the arrival airport.
16.3 Clothing damage
Any incident involving Damage to your clothing worn or taken into the aircraft cabin must be immediately reported to our cabin crew.
16.4 Limitation of claims
Unless otherwise required by law or 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.
- 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) apply to and are for the benefit of our Authorised Agents, employees and representatives and agents to the same extent as they apply to us.
- The total amount that you can recover from us, our Authorised Agents, employees, representatives and agents will not be more than the total amount of our liability, if any.
- Except where these Conditions of Carriage provide otherwise, our liability, if any, is limited to proven direct compensatory Damages.
- Nothing in these Conditions of Carriage:
- except where we say otherwise, gives up any exclusion or limitation of liability to which we are entitled under any laws which may apply, or
- gives up any defence available to us under 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.
- To the extent permitted by law, Jetstar excludes all liability for any costs, expenses, losses or Damages whatsoever that may arise in any way in connection with the carriage.
- Despite any translation of these Conditions of Carriage into another language, the English version of these Conditions of Carriage will prevail.
18. OUR NAME AND ADDRESS
Our name may be abbreviated to "JQ" (our Airline Designator Code) on the Itinerary and Tax Invoice. Our address is Jetstar Airways Pty Limited, (ABN 33 069 720 243) GPO Box 4713 , Melbourne VIC 3001, Australia.