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Conditions of
Carriage

GENERAL CONDITIONS OF CARRIAGE

JETSTAR ASIA AIRWAYS PTE LIMITED
AND VALUAIR LIMITED
General Conditions of Carriage
(Passenger and Baggage)

May 2011

1. DEFINITIONS OF EXPRESSIONS USED

Accompanying Passenger means a paying passenger of at least 15 years of age, 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.

Airline Designator Code means the two characters or three letters which identify particular air carriers. Jetstar Asia’s code is 3K or JSA. Valuair’s code is VF..

Authorised Agent means a passenger sales agent who has b.en appointed by Jetstar Asia/Valuair to represent Jetstar Asia/Valuair in the sale of air passenger transportation on Jetstar Asia services.

Baggage means your personal property accompanying you on your trip. It consists of both your Checked Baggage and Cabin Baggage.

Baggage Allowance means the amount of Cabin Baggage and Checked Baggage which is included in your fare as stated in 6.1 for travel on Jetstar Asia/Valuair services.

Baggage Check means those parts of your Booking or other documents issued by us or an Authorised Agent which relate to the carriage of your Checked Baggage.

Baggage Identification Tag means the numbered 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 (otherwise known as electronic ticket) 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 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.

Check-In-Deadline means the time limit specified by the airline by which you must have completed check-in and received your boarding pass.

Checked Baggage means that part of your Baggage, including any excess baggage, 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 Check, or both.

Conditions of Carriage means these General Conditions of Carriage and includes the conditions of contract or terms and conditions of carriage as set out in your Itinerary and Receipt.

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.

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 Receipt 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.

Passenger means any person with a Booking who is to be carried or who is carried on an aircraft, except members of the crew.

Jetstar, Jetstar Asia/Valuair, we, us, our for the purposes of these Conditions of Carriage means Jetstar Asia Airways Pte Ltd (Registration No. 200403570D) and Valuair Ltd (Registration No. 200302952W), and shall include all employees and agents acting on behalf of Jetstar Asia and Valuair.

Special Drawing Rights (or SDRs) means the composite unit of currency that is the official unit of exchange of the International Monetary Fund.

Tariffs means the published fares, charges and/or related conditions of carriage of Jetstar Asia/Valuair filed, where required, with the appropriate authorities.

we, us, our, ourselves see the definition for Jetstar Asia/Valuair.

you, your, yourself means any person with a Booking who is to be carried or who is carried on an aircraft, except members of the crew.

2. WHEN THESE CONDITIONS OF CARRIAGE APPLY

2.1 Application of Conditions of Carriage

Except as provided in 2.4 and 2.9, these Conditions of Carriage apply wherever "Jetstar Asia" or the Airline Designator Code "JSA" or "3K" orValuair" or the Airline Designator Code "VF" are 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.

2.3. Basis of carriage

The carriage of a Passenger on any flight by Jetstar Asia/Valuair is, without exception, subject to:

  • a Booking,
  • these Conditions of Carriage and the Key Conditions of Carriage set out in your Itinerary and Tax Invoice,
  • Singapore laws, any international Conventions or other laws that may apply to the journey in question,
  • any specific directions given to a Passenger in writing, or orally by Jetstar Asia/Valuair staff, and
  • the applicable fare rules or Frequent Flyer Award redemption rules, as applicable.

In the event of any inconsistency between the General Conditions of Carriage and the Key Conditions, the General Conditions will prevail.

2.4 Overriding law

These conditions of Carriage are applicable unless they are inconsistent with any Tariffs or applicable laws which apply to your carriage with us, in which event the Tariffs or laws will apply.

2.5 Read Down

If any of these Conditions of Carriage is invalid, illegal or unenforceable, it will be read down to the extent necessary to ensure that it is not invalid, illegal or unenforceable, but if that is not possible, it will be severed from the Conditions of Carriage and the other conditions will remain valid.

2.6 Cannot vary

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

2.7 Conditions prevail over special procedures

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.

2.8 Code Shares

On some services we may have commercial arrangements with other Carriers known as "code shares". This means that even if you have a reservation with us and hold a ticket where our name or Airline Designator Code is indicated as the Carrier, another Carrier may operate the aircraft. If such arrangements apply we will advise you of the Carrier operating the aircraft at the time of booking.

2.9 Charter operations

If carriage is performed by Jetstar Asia/Valuair under a charter agreement, these Conditions of Carriage apply unless Passengers are advised otherwise.

2.10 Additional services or other forms of transportation

(a) If we make arrangements for you with any third party to provide any services other than carriage by air, or if we issue a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party, such as hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of the third party service provider will apply. 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.

(b) If we are also providing surface transportation to you, other conditions may apply to such surface transportation. Such conditions are available from us upon request.

(c) 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. (see also 13.5(a))

2.11 Language

The language of these Conditions of Carriage is English and even though there may be translations of these Conditions of Carriage into other languages, English shall be the sole language used in the interpretation of these Conditions of Carriage.

3. GENERAL

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 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 (see 3.2).

If we provide assistance for any of the above aspects of your travel, this does not release you of your responsibility in respect of these matters.

3.2 Destination - Passenger enquiries

As you are travelling internationally, 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, it is recommended that you 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.

3.4 Health

(a) We may refuse to carry you if we are not completely satisfied that it is safe for you to fly. Before you make a reservation you should tell us if you suffer from any illness, disease or other condition which may make it unsafe for you or other Passengers if you fly.

You must inform us if you:

  • suffer from any disease which is or you believe may be actively contagious and communicable,
  • have, because of a disease or any incapacitation, any unusual behaviour or physical condition, which could have an adverse effect on the welfare and comfort of other Passengers or crew members,
  • could pose a potential hazard to the safety of the flight or its punctuality (eg if there is a possibility that the flight might need to be diverted or require an unscheduled landing because of your condition), or
  • would require medical attention and/or special equipment to maintain your health during the flight.

We cannot provide any advice on your fitness to fly. If you propose to travel with a known, pre-existing medical condition, you should do so only on the written advice of your own medical doctor or health professional.

(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 Jetstar recommends you consult with your doctor before travel.

(c) Pregnancy

If you are pregnant:

  • If there are no complications of which you are aware we will carry you on our services up to 27 weeks pregnant without a Doctors Certificate.
  • Between 28 to 35 weeks of pregnancy, we will carry you subject to a Doctors certificate.
  • Pregnancy 36 weeks and above we will refuse carriage.
  • We do not represent that travel is safe for you at any particular point during your pregnancy. You must seek advice from your own medical practitioner. The periods referred to are only our minimum requirements.

3.5 Personal Data

You hereby acknowledge and agree that your personal data (including health information where necessary) has been given to us for the purposes of making bookings for carriage and providing you with confirmation of that booking, providing and developing ancillary services and facilities, 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 and third party business associates, government agencies, other carriers or the providers of the services mentioned above. You can gain access to the information we hold about you by contacting Jetstar Asia/Valuair Customer Service, in writing at: Jetstar Asia/Valuair, Singapore Changi Airport, PO Box 323, Singapore 918144

4. BOOKINGS

4.1 When is a Booking made?

A Booking for a flight is made when recorded as accepted and confirmed by Jetstar Asia/Valuair or an Authorised Agent. If you ask, we or our Authorised Agent will give you written confirmation of your Booking. However, you may not board that flight without having paid the relevant fare and obtaining a boarding pass by checking-in and presenting your passport and other necessary travel documentation.

4.2 Booking not transferable

A Booking is not transferable to another person except in accordance with the passenger name change provisions in the Fare Rules. You must not otherwise give or sell your Booking to anyone else to use. 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 will refuse to carry that person.

The name(s) of the Booked Passenger(s) must match the name(s) in Passport(s).

4.3 Reconfirmation

Reconfirmation is not required for Jetstar Asia/Valuair flights.

4.4 Bookings changes

Generally, Jetstar Asia/Valuair’s fare types are restricted so that the Passenger:

  • May not change or cancel any Booking, or
  • May do so only to a limited extent, or
  • May do so only by paying any applicable fare difference, additional service fee or change fee (note: Jetstar Asia/Valuair may increase fees from time to time, by giving at least one month’s notice of any such change by updating the applicable fee table on jetstar.com). If the new flight booked is in a lower fare class than that of the cancelled booked flight, the difference in fares will not be refunded to the Passenger. Only Jetstar Asia/Valuair or its Authorised Agent may change or cancel a Booking.

4.5 Booking validity

(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.

4.6 Our name and address

Our name may be abbreviated to the JSA or 3K(in the case of Jetstar Asia flights) or VF (in the case of Valuair flights) Airline Designator Code on the Itinerary / Receipt. Our address is Jetstar Asia Airways Pte Limited/Valuair Limited, #034-32, Terminal Building 1, Level 3 Southwest Finger, Singapore Changi Airport, Singapore 918141

4.7 Specific assistance

(a) Generally we will not allow a person to travel without an Accompanying Passenger unless the person 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.

However, we do provide specific assistance services to accommodate customers who require a wheelchair to get to and from the aircraft (see also 5.7), and customers who wish to purchase two seats next to each other.

(b) Acceptance for carriage of incapacitated persons, persons with an illness or other people requiring special assistance is subject to prior arrangement with us. Passengers with reduced mobility and require specific assistance at the airport are required to notify us at least three (3) days before the scheduled departure via Jetstar Asia/Valuair 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.

3rd party providers may charge a fee for providing these specific assistance services. The services may not be available on all routes due to local airport limitations. There are no fees applicable for flights to/from Australia or New Zealand. For all other routes, please contact the Jetstar Reservation Centre.

(c) For flights that do not arrive or depart in Australia, under no circumstances will a child below the age of 12 years be accepted for carriage unless travelling with an Accompanying Passenger (except when the mother of the child is under 15 years of age).

For flights that arrive or depart in Australia, under no circumstances will a child who is not yet attending secondary school be accepted for carriage unless travelling with an Accompanying Passenger (except when the mother of the child is not yet attending secondary school)

(d) An infant under the age of two (2) years at the date of travel may be carried for a fee provided the infant is accommodated in the lap of an Accompanying Passenger. Only one infant is permitted per Accompanying Passenger. We reserve the right not to carry infants less than seven (7) days old. We may in our absolute discretion carry such infants when carriage is expressly sanctioned in writing by a medical practitioner and when the parent of the infant signs a limited liability statement. No collapsible prams or strollers are permitted in the aircraft cabin. Passengers are required to bring their own baby food and baby nappies, as these are not available on board.

For infants not requiring their own seat, proof of age (under 2), is required at check-in (ie passport check).

If you need to use these special services you must make your Booking through the Jetstar Asia/Valuair Call Centre.

5. FARES

5.1 What your fare covers

Your fare covers the flight(s) for you and your Baggage Allowance: (see 6.1)

  • from the airport at the place of departure specified in your Booking,
  • to the airport at the place of destination specified in your Booking.

We will work out the fare which applies on the date of your Booking for your itinerary and dates of travel (see also 5.6 )

5.2 What your fare does not cover

Your fare does not include ground transport between one airport and another or between airport and town terminals.

5.3 Non-refundable fares

Some fares 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.

5.4 Paying for your Booking

You or someone on your behalf must pay for your Booking at the time of booking or within a limited period set by Jetstar Asia/Valuair, which means that payment must be made for:

  • the applicable fare, and
  • any other applicable administration fees, service charges or taxes, and other charges unless specifically advised by us.

5.5 Currency

Fares and any applicable charges and taxes are payable in the currency prescribed with our published fares unless otherwise specifically stated by us.

5.6 Charges and taxes

When you make a Booking, we will tell you about (and you must pay) any charges and taxes not included in the fare and these will normally be shown separately on your Itinerary and Receipt.

Charges and taxes change constantly and can be imposed or altered after the date that your Booking was made. If any charges or taxes imposed by third parties change after we have issued your Itinerary and Receipt, you will have to pay us any increase. Similarly, if any charges or taxes you pay to us when you make the Booking are abolished or reduced prior to your flight, you will be entitled to claim a refund from us.

5.7 Carriage of Wheelchairs and Service Dogs

Your fare also covers carriage of your wheelchair or service dog, if you require one to travel. Please notify Jetstar of your requirements when you make your Booking. Limits may apply.

6. BAGGAGE

6.1 Baggage allowance

 

You may carry a limited amount of Carry-on Baggage without additional charge provided it complies with these Conditions of Carriage. Infants not occupying a seat do not have a Carry-on Baggage allowance.

Economy Starter fares including Starter Fares with Plus Bundle and Starter Fares with Max Bundle) do not include any checked baggage allowance, unless you purchase a Checked Baggage allowance in addition to your fare, or for bookings made before 17 May 2011, you purchased a JetSaver, JetPlus or JetFlex fare.

Each Passenger travelling on a Business fare (including Business Fare with Max Bundle) may check in up to 30kg of Checked Baggage for carriage in the aircraft hold at no additional charge.

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 Carry-on 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 page on our website.

 

6.2 Prohibited items

We will not carry, and you must not try to bring on board the following prohibited items:

  • items prohibited by any applicable national or international law, regulation or order
  • weapons of any type (except see 6.3)
  • 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.
  • items we reasonably determine are unsuitable for carriage because they are dangerous, unsafe or because of their weight, size, shape or character, or which are fragile or perishable,
  • animals,
  • brief cases and attache cases incorporating dangerous goods such as lithium batteries or 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 forbidden 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 forbidden items.

6.3 Firearms

We do not allow firearms and ammunition to be carried as Checked or Cabin Baggage.

6.4 Restrictions on checked baggage

You must not include in your Checked Baggage:

  • fragile, delicate or perishable items,
  • computers,
  • items with a special value, such as money, jewellery, precious metals, silverware,
  • negotiable papers, share certificates, securities or other valuable documents,
  • cameras,
  • personal electronic equipment including compact discs,
  • commercial goods or business documents, or
  • passports and other travel documents.

As our liability is limited (see 13), we will not be liable for any inconvenience costs, expenses, loss or damage you suffer as a consequence of the item being damaged, delayed or lost if you have ignored our requirements and included the item/s as Checked Baggage, with or without our knowledge. Such items should be carried as Cabin Baggage, but you must still comply with all relevant weight and size limitations.

6.5 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, knitting needles, and sporting goods, 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 documentation or identification to confirm the passenger’s medical condition should be produced. Medication should have a professionally printed label identifying the medication or a manufacturers name or pharmaceutical label affixed. Please contact Jetstar Asia should you have a question.

We do not accept any responsibility for items which we refuse to carry and which are not carried as Checked Baggage. We will not be responsible for, or have any liability in respect of, articles removed from your Baggage by airport security personnel acting in accordance with any applicable regulations.

6.6 Excess baggage

You may not take on board more Cabin Baggage than allowed (see 6.1). You are not entitled to baggage in excess of the free baggage allowance. However, if you check in with more Checked Baggage than your Checked Baggage allowance, if any, at Jetstar Asia/Valuair’s discretion and subject to load, excess baggage may be accepted for a fee. See Baggage Fees and Charges.

6.7 Searches

Jetstar Asia/Valuair, government or airport officers may:

  • require you to submit to clothing and body searches,
  • require you to submit your Baggage to searches or inspections, and
  • search or inspect your Baggage with or without you.

As a result of a search, or if you refuse to submit 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.

If a search or screen causes damage to you, or a search, screening or x-ray causes damage to your Baggage, we will not be liable for the damage unless it was caused by our wilful act.

7. CHECK-IN

7.1 Before check-in

You must ensure you have your Booking Reference, passport, applicable visas, Baggage, all other necessary travel documents and anything else you need to travel.

7.2 Check-In Deadline

We or our Authorised Agent will advise you of the Check-In Deadline for your first flight with us.

You should ensure that you:

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

For all your other flights, you should find out what Check-In Deadline applies at your airport of departure. Check-In Deadlines are specified on our website and on your Itinerary and Receipt, or you can ask us or our Authorised Agent.

7.3 At check-in

All Passengers, including children, must present their passport or acceptable official identity card at check-in. At check-in we will issue your boarding pass and Baggage Check and/or Baggage Identification Tag for any Checked Baggage. Keep these with you until you complete your travel.

7.4 Boarding

Intra Asia services on flights operated by A320/A321 aircraft - You must be at the boarding lounge twenty (20) minutes before scheduled departure time and must present yourself to the boarding gate no later than 15 minutes before departure. 

Flights to/from Australia or to/from New Zealand - You must be at the boarding lounge fifty (50) minutes before scheduled departure time and must present yourself to the boarding gate no later than 40 minutes before departure.

We are not liable to you for any loss or damage you may suffer as a result of failure to meet these requirements.

8. SCHEDULES, LATE OR CANCELLED FLIGHTS

8.1 Schedules

(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 Receipt. We may need to change the scheduled departure time of your flight after your Itinerary and Receipt 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.

(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 otherwise required by law, we will not be responsible for paying any costs or expenses you may incur as a result of the changed time or cancellation.

8.2 Late or cancelled flights (due to uncontrollable circumstances)

Where an uncontrollable circumstance is responsible for the delayed or cancelled flight, whether you have checked in or not, Jetstar Asia/Valuair 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. Uncontrollable circumstances include but are not limited to weather conditions at point of origin or en-route or other ports, industrial action caused by staff not directly employed by Jetstar Asia/Valuair, air traffic control requirements/restrictions, or closure of runways.

8.3 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 time for Baggage collection and recheck. Please see jetstar.com for more information.

While Jetstar Asia/Valuair will try to carry you and your Baggage in accordance with the date and time of the flights specified, it does not guarantee it will be able to do so. 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. To the fullest extent permitted by law, Jetstar Asia/Valuair excludes liability for any costs, expenses, losses or damages incurred by the Passenger as a result of failure to meet a schedule, including without limitation any missed connecting flights or other travel arrangements.

9. REFUSAL OF CARRIAGE/DENIED BOARDING

9.1 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 or 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,
  • if you do not appear to have valid travel documents, may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, destroy your travel documents during flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested,
  • 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 Check-In Deadline (7.2) 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 notified us of this (see 4.7),
  • if you are drunk or under the influence of alcohol or drugs,
  • if you are, or we reasonably believe you are, in unlawful possession of drugs,
  • if your mental or physical state is a danger or risk to you, the aircraft or any person in it,
  • if you have used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft or otherwise behaved in a threatening manner,
  • if you have committed a criminal offence during the check-in or boarding processes or on board the aircraft,
  • if you have deliberately interfered with a member of our ground staff or the crew of the aircraft carrying out their duties,
  • if you have put the safety of either the aircraft or any person in it in danger,
  • if you have made a threat,
  • because you have committed misconduct on a previous flight and we 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.

In any of the situations in 9.1 above, 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 Receipt.

9.2 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 and you will be entitled to a fare refund.

9.3 Denied Boarding due to Overbooking

If you are denied boarding on an overbooked 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 pay you compensation as required by any law which may apply. 

This 9.3 does not apply if you fail to meet the Check-in Deadline and boarding requirements in section 7 or we exercise our right to refuse to carry you.

If we are unable to accommodate your Cabin Baggage Allowance, 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.

10. CONDUCT DURING FLIGHT

10.1 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 Asia/Valuair 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 (see 10.4),
  • if you drink alcohol, drink only in moderation and only alcohol served on your Jetstar Asia/Valuair flight as part of its inflight bar service,
  • use infant restraints as directed, and
  • do not behave in a manner to which other Passengers may reasonably object.

10.2 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 aboard an aircraft,
  • tamper or interfere with the aircraft or its equipment,
  • if we offload you, you may be refused further carriage on Jetstar Asia/Valuair and may be prosecuted for offences committed on board the aircraft.

10.3 Diversion costs caused by unacceptable behaviour

If as a result of your behaviour we divert the aircraft to an unscheduled destination and make you leave the aircraft, you must pay us the reasonable and proper costs of the diversion.

10.4 Smoking prohibited

Smoking is not permitted on any Jetstar Asia/Valuair aircraft.

11. AFTER THE FLIGHT

11.1 Collect your Checked Baggage

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

11.2 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.

11.3 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 it to you only if you:

  • produce adequate proof of entitlement to it,
  • undertake in writing to us that you will reimburse us for any loss, damage or expense incurred as a result of that release, and
  • comply with any other applicable directions given to you by us.

11.4 Disposal of Baggage by us

If you do not collect your Checked Baggage and you have not claimed it within 90 Days after your flight, we will use reasonable efforts to try to contact you if your baggage can be identified as belonging to you. If we cannot identify you or contact you, 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 if you leave Cabin Baggage on an aircraft when you disembark or if you leave any belongings in the airport terminal.

11.5 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.

11.6 Customs Inspection

If required, you shall attend inspection of your Baggage, by customs or other Government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.

11.7 Refusal of Entry

If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us. If we are required to pay 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 concerned or to produce any required documents, you shall reimburse us on demand any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession.

12. REFUNDS

12.1 No refund

Except where required by law, or specified in these Conditions of Carriage, no refunds will be given for unused or partly used fares. However, some changes may be permitted to the Booking provided the requisite amount of notice is given (see Fare Rules), and a charge may be payable. Otherwise failure to travel on a Booking will result in the fare being forfeited.

13. LIABILITY FOR DAMAGE

13.1 Our Conditions of Carriage

These Conditions of Carriage govern our liability to you. The liability of any other Carrier involved in your journey will be determined by its own conditions of carriage.

13.2 Governed by Convention

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

13.3 Negligence or other acts or omissions by you

If we prove that any damage was caused by, or contributed to by you, our liability may be reduced in accordance with applicable laws.

13.4 Our liability for your death or injury

(a) International Travel

  • For any recoverable compensatory damages arising under Article 17 of the Convention (if the Convention applies to your journey) up to the sum of the equivalent of 113,100 SDRs (about SGD$225,000), we will not exclude or limit our liability, provided that if in accordance with applicable law a different limit of liability is applicable such different limits shall apply. However, any liability we may have for damage will be reduced in accordance with applicable law by any negligence on your part that causes or contributes to the damage.
  • We will not be liable for damages arising under Article 17 to the extent that they exceed for each Passenger is 113,100 SDRs (about SGD$225,000), provided that if in accordance with applicable law a different limit of liability is applicable such different limits shall apply, if we prove that:
    • such damage was not due to the negligence or other wrongful act or omission of us or our agents, or
    • such damage was solely due to the negligence or other wrongful act or omission of a third party.

(b) General

  • We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
  • Subject to inconsistency with any applicable statute, we shall not be liable for nervous shock, psychiatric or psychological injury, hurt feelings, distress, anguish, grief, anxiety, aggravation or the like, regardless of the cause or the basis of the claim.

13.5 Our liability for damage to your baggage

(a) General

  • We will be liable only for major Damage occurring during 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 unless such Damage is caused by our negligence.
  • we are not liable for any Damage caused by your Baggage. You are responsible for any Damage caused by your Baggage to other persons or property, including our property.
  • we are not liable for normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts.
  • except to the extent required by law, we are not liable for Damage to contents of your Checked Baggage. This includes fragile or perishable items, items with a special value, such as money, jewellery, precious metals, computers, personal electronic devices, share certificates, bonds and other valuable documents, or passports and other identification documents (see 6.4).

(b) International Carriage

  • For International Travel, Jetstar Asia/Valuair’s liability for loss or damage to baggage is limited by applicable legislation or Convention according to the journey involved. For example, where the Warsaw Convention applies, the limit will be approximately US$20 (about SGD$25) per kilo.

13.6 General

  • We are not liable for any damage arising from our compliance with any laws or government regulations or your failure to comply with the same.
  • These Conditions of Carriage (including any exclusion or limitation of liability) shall apply to and be for the benefit of our Authorised Agents, employees and representatives 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 shall not be more than the total amount of our liability, if any.
  • Except where these Conditions of Carriage provide otherwise, our liability, if any, shall be limited to proven compensatory damages. We shall not in any circumstances be liable for indirect or consequential damages and in no event shall our obligations exceed any liability specified in these Conditions of Carriage.
  • 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.
  • Liability for breach of condition or warranty: To the extent permitted by law, Jetstar Asia/Valuair excludes all liability for any costs, expenses, losses or damages whatsoever that may arise in any way in connection with the carriage. If the Unfair Contracts Terms Act (Cap 396) or any similar law implies a condition or warranty that cannot be excluded, the liability of Jetstar Asia/Valuair 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 Jetstar in its absolute discretion.

14. CLAIMS BY YOU

14.1 Personal death or injury claims

If you have a claim for personal injury or death , you or your personal representative should notify us in writing as soon as possible.

14.2 Baggage claims

Any claim for loss of or damage to Checked Baggage must be made in writing within the following timeframes:

  • in the case of damage to your Baggage, as soon as you discover the damage after you have received the Baggage, and at the latest within 7 days, or
  • in the case of delay, within 21 days from when the 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, please present the Baggage at the arrival airport.

14.3 Other

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

14.4 Limitation of claims

Unless your right to claim for Damages has expired earlier as provided elsewhere in these Conditions of Carriage, you will have no right to claim for Damages if court proceedings are not brought within two years from:

  • the date of your arrival at your destination,
  • the date the aircraft should have arrived, or
  • the date on which your carriage stopped.

The method of calculating the period of limitation will be determined by the law of the court where the case is heard but in accordance with the provisions of the applicable law.

 

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