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Definitions Authorised Agent means a licensed Passenger sales agent who represents Cobham in the sale of air transportation services by Cobham.
baggage includes both checked baggage and carry on baggage.
Booking means the booking made with and accepted by the Carrier in relation to travel sought by you, including your boarding pass, your baggage check and/or other documents or confirmations of the Carrier relating to the contract for carriage concerning such travel.
Carrier means the carrier which accepts the Booking and all carriers that provide transport and services the subject of the Booking to you and where the context permits any of that carrier's agents, servants, representative, contractors, subsidiaries or related bodies corporate (the Carrier will often be Cobham but may be other air carriers as well).
Cobham means National Jet Express Pty Ltd ABN 46 063 561 482 trading as Cobham Aviation Services Australia -Regional Services, and where the context permits, Cobham's related bodies corporate and each Authorised Agent (collectively "we", "our", "us").
Fare Rules means the additional terms and conditions applying to the transport and services the subject of the Booking of which you or your agent are notified on or around the time of booking.
Loss means any loss, damage, cost or expense, including consequential or indirect loss, or loss of profit or loss of opportunity
Passenger means the person specified as receiving transport and other services including any infant or Baggage carried with that person and will usually hold a Ticket.
Privacy Policy means our privacy policy as set out at www.cobham.com.au.
Terms means these terms and conditions of carriage.
Ticket means the paper or electronic ticket issued by Cobham or an Authorised Agent on behalf of Cobham and includes all printed terms and conditions and notices.
you, your, yourself means the Passenger.
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Carriage The Booking and the issue of the Ticket and transport and services under the Ticket are provided on these Terms. These terms also apply to gratuitous and reduced fare carriage except to the extent that the Carrier advises you otherwise.
Your carriage on any flight is subject to:
(i) these Terms;
(ii) all relevant Conventions including the Montreal Convention (1999) and the Warsaw Convention and Australian Laws;
(iii) any specific directions given to a Passenger in writing, or orally by our staff; and
(iv) the Fare Rules.
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Agent
In issuing this Ticket for transport or services provided by another Carrier, Cobham acts only as agent for that Carrier. Money received for this Ticket by a travel agent ("Agent") must be received by Cobham for the Ticket to be valid, and will be accounted for in accordance with Cobham's arrangements with the Agent and any other Carrier.
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Common Carrier
A Carrier is not a common carrier and may refuse to carry any person, baggage or goods without giving reasons for such refusal.
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Operator's Liability
Each Carrier is responsible only for transport or services provided by it and has no liability for any other transport or services.
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Tickets
6.1 Ticket Validity
This Ticket is valid only for transport and services specified and, unless otherwise indicated, for one (1) year after the date of issue. Subject to the Fare Rules, if you alter or cancel transport or service or their order, the fare agreed with the Carrier may cease to be applicable. The Carrier may charge cancellation fees or make refunds of fares in its absolute discretion.
If you fail to travel on the scheduled services specified in your Booking, the Booking will lapse, become valueless and not be substitutable for other services.
6.2 Non Transferable
This Ticket is non transferable and is valid only for the Passenger named on it. The Carrier reserves the right to refuse a person carriage unless satisfactory proof of indentify (E.g. Passport, current drivers license) and, in the case of minors, satisfactory proof (birth certificate) is produced at check in. Infants not requiring their own seat may be refused carriage or required to purchase a seat a seat if proof of age (under 2 years) is not provided.
6.3 Lost or Stolen Ticket
Except to the extent required by law or provided under the applicable fare rules, a Ticket is not transferable to another person. If someone else presents your Ticket for travel and we discover that that person is not you, we will refuse to carry that person. However, if we, acting reasonably, do not discover that the person is not you and as a result either carry the person or give them a refund, we:
(a) are not obliged to replace your Ticket or give you a refund; and
(b) are discharged from all and any liability to provide you a refund.
6.4 Events Beyond Your Control
If:
(a) you are travelling on private travel and not on business; and
(b) you have been prevented from travelling by any unusual or unforseen circumstance beyond your control; and
(c) all or part of the fare for your Ticket is non-refundable,
we will give you a credit for the non-refundable part of the fare for future travel on us provided that you:
(d) have a completely unused Ticket;
(e) have told us promptly about the circumstance causing the delay; and
(f) have given us satisfactory evidence of the circumstance causing the delay.
The credit can be used for flights with us at any time within 12 months of the date of original Ticket issue. We may deduct a reasonable service fee from the credit."
6.5 If You Are Late
If you arrive:
(a) late at check-in or the boarding gate through no fault of ours; or
(b) without your ticket and all necessary travel documents,
we may:
(c) cancel your reservation;
(d) refuse to carry you, and/or
(e) require you to pay a service fee to cover our reasonably incurred administration costs,
except as otherwise provided in any applicable laws, we are not liable to you for any loss or damage you may suffer as a result of your late arrival.
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Health The Carrier may refuse to carry you if the Carrier, acting reasonably, is not completely satisfied that it is safe for you to fly. Before you make a reservation you should tell the Carrier if you suffer from any illness, disease or other condition which may make it unsafe for you or other Passengers if you fly. If you are pregnant the Carrier does not represent that travel is safe for you at any particular point during your pregnancy. You must seek advice from your own medical practitioner.
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Fares Each booking is subject to the Fare Rules.
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Check-In Unless informed otherwise, the Passenger must check in at the Carrier's check-in facility serving the place of departure and be ready at the boarding point for the flight thirty (30) minutes before the scheduled departure time, failing which the Passenger's booking and fare and any baggage fees may be forfeited.
If you require special assistance because:
- you are ill;
- you have limited mobility;
- you have a guide dog;
- you are pregnant;
- you need special help; or
- you have a child who is to travel unaccompanied,
the Carrier will not refuse to carry you (or your unaccompanied child) provided that:
- you have made prior arrangements with the Carrier or our Authorised Agent;
- you have complied with any reasonable requests the Carrier may have; and
- the Carrier has agreed to provide special help as required.
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Substitute Carrier The Carrier may without notice, substitute alternate carriers or means of transport and alter schedules, services or routes. These terms apply to any substituted or altered transport or services and the Carrier will not be liable for any Losses which you may incur as a result of any such substitution. In addition, you acknowledge that the Carrier operates a number of different aircraft types with unique interior layout and service offerings. The Carrier cannot and does not guarantee that you will travel of a particular aircraft or be able to utilise any in flight entertainment systems installed in the aircraft.
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Cancellation and Delay of Flights
Industrial disputes loading restrictions, unsuitable weather, other operating restrictions or Carrier's own requirements may necessitate cancellation or delay of transport or services. If the Carrier fails to provide transport, it will refund the fare paid, less a proportion representing kilometres flown, but has no further liability.
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Scheduled Flight Times You acknowledge and agree that scheduled flight times or destinations are not guaranteed. Schedules are subject to change without notice. The Carrier has no responsibility for failure to make connections. If you are landed at a destination other than that specified in the Booking, the Carrier will make all reasonable endeavours to transport you to the specified destination, but undertakes no obligation to you as to the time or means of transport.
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Compliance with Laws You must comply with all laws and regulations and with the instructions of the Carrier and its representatives. You must submit to reasonable searches of your persons and baggage. Your baggage may be searched without notice to you.
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Refusal of Carriage You may be refused entry, be requested to leave the aircraft or other means of transport or be physically restrained or removed for the following reasons.
If, in the opinion of a representative of the Carrier:
(a) you are:
(i) in breach of these Terms; or
(ii) under the influence of drugs or alcohol, or
(iii) not physically fit for travel; or
(iv) require medical or other special assistance; or
(b) it is necessary for the safety or comfort of other Passengers or for the protection of property,
you may be denied boarding or be required to leave the aircraft or other means of transport, and may if necessary be physically removed or restrained and the Carrier is not liable for any Loss which you incurred as a result.
If as a result of your behaviour the Carrier diverts the aircraft to an unscheduled destination and makes you leave the aircraft, you must pay us the reasonable and proper costs of the diversion.
Before you make a reservation you should tell the Carrier if you suffer from any illness, disease or other condition which may make it unsafe for you or other passengers if you fly.
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Seating Unless otherwise provided in these Terms, our Fare Rules, or specifically approved by the Carrier, you are entitled to occupy one seat of the applicable class.
The Carrier may require that you travel with an attendant if it is essential for safety or you are unable to assist in your own evacuation from the aircraft or you are unable to understand safety instructions.
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Special Meals The Carrier will try to ensure that if you have requested a dietary or religious special meal when you make your reservation, it is available (that is, if the service of special meals is available on your selected flight). The Carrier will not be liable to you for any Loss, should the Carrier, for any reason, be unable to supply such requested special meal.
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Limit of Liability
17.1 These Terms govern Cobham's liability to you. The liability of any other Carrier will be determined by the Terms unless that Carrier has substituted its own conditions of carriage.
17.2 Neither the Carrier nor the Authorised Agent is liable for any Loss you suffer in connection with any inaccuracy in any information concerning transport, services or pricing.
17.3 Where your travel is wholly within Australia it is subject to the provisions of the Civil Aviation (Carriers Liability) Act 1959 as amended (or any replacement legislation) or complimentary State legislation. As such the Carrier's total liability for:
(a) your injury or death is limited to AU$500,000; and
(b) loss or damage is limited to AU$1,600 for your checked baggage and AU$160 for your carry on baggage.
17.4 No Further Liability
Other than as specified in these Terms, we exclude all liability for any costs, expenses, losses or damages whatsoever that may arise in any way in connection with the carriage.
17.5 General
Except where these Terms provide otherwise, our liability, if any, is limited to proven compensatory damages. We will not in any circumstances be liable for indirect or consequential damages and in no event will our obligations exceed any liability specified in these Terms.
17.6 If the Carrier proves that any damage was caused by, or contributed to by you, the Carrier's liability may be reduced in accordance with applicable laws.
17.7 The Carrier is not liable for any damage to your cabin baggage unless such damage is caused by the Carrier's negligence. The Carrier is not liable for. any damage caused by your baggage to other persons or property, including the Carrier's property except to the extent required by law. The Carrier is not liable for damage or delay to items which you are asked not to include in your checked baggage and described in clause 18.1 save as provided in clause 18.2. The Carrier does not accept liability for items which are in your personal care or control.
17.8 The Carrier will not be liable if you miss a booked onward connecting flight because the Carrier fails to operate the flight according to the schedule for such flight.
17.9 The Carrier is not liable for any loss arising from its compliance with any laws or government regulations or your failure to comply with the same.
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Registered Baggage and Claims/Restrictions on checked Baggage
18.1 You must not include any of the following in your checked baggage:
(a) cash, credit cards, deeds, passports, and other travel documents, securities, business documents or other valuable documents;
(b) jewellery, antiques, precious metals or similar valuable items;
(c) any item of delicate, fragile or brittle nature e.g. glassware, sports equipment, musical instruments;
(d) any item of perishable nature;
(e) medicines;
(f) electrical or electronic components e.g. computers, cameras; or
(g) any item that has insufficient packaging to withstand the normal circumstances and effects of carriage by air.
18.2 The Carrier does not accept the items listed in clause 18.1 as checked baggage and does not accept liability for those items unless identified to the Carrier and it has, in its absolute discretion, given its written acceptance for carriage and accepted liability in writing for their loss or damage:
Any acceptance by the Carrier pursuant to this clause is subject to your compliance with these Terms.
18.3 Written claims must be made to the Carrier: in respect of loss or destruction of any part of the baggage within 3 days of you receiving the remainder of your checked baggage from the Carrier. In respect of loss or destruction of a whole item of checked baggage, within 21 days from the date you should have received the checked baggage from the Carrier and in respect of carry on baggage 3 days from the date your carriage ended.
Any right to damages against the Carrier will be extinguished if an action is not brought by you or on your behalf within two (2) years of the date of arrival at your destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped.
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Collection of Baggage You must remove all carry on baggage from the aircraft upon disembarking and collect your checked baggage as soon as soon as available for collection. Any baggage not removed from the aircraft or not collected by you will be disposed of by the Carrier (without liability to you) if it is not claimed within 30 days after the flight. The Carrier is not liable for any loss suffered by you, if you have failed to remove carry on baggage from the aircraft upon disembarkation.
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Taxes The price of the travel the subject of the Booking may include taxes, imposts or fees which are imposed by government in relation to air transportation. You may be required to pay taxes, imposts or fees which have not already been collected.
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Miscellaneous Protection given by these Terms to the Carrier shall extend to their respective servants, agents, Authorised Agent representative, related companies and independent contractors. This term is included for the protection of those persons, in consideration of their services to you
No agent, employee or representative of a Carrier has authority to modify or waive any of these Terms.
If any of these Terms fail to have effect, or causes any other term to fail at all to have effect, it shall be read down or severed to preserve the rest of these Terms.
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Privacy Policy - Cobham collects personal information about you in order to provide services to you, process your travel arrangements, to conduct marketing activities and market research and legal purposes. If the information is not provided by you then Cobham may not be able to provide the service requested. For these purposes, you authorise Cobham to retain your personal information and to disclose your personal information to our related companies, other Carriers, travel service providers and organisations which provide services to us. For further information see our Privacy Policy.
You consent to receiving electronic messages from the Carrier containing marketing and promotional material and a Carrier does not need to include an "unsubscribe" facility in any electronic message sent to you.
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Governing Law Wherever it is issued, this Ticket is governed by the laws in force in the State of South Australia.
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Check In Time The check in time set out above in clause 9 is the latest time at which you can be accepted for travel and allows the minimum time to complete all the formalities. In your own interest you should plan to arrive at the Airport in good time as this will help to ensure that your aircraft departs on schedule.
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Dangerous Goods Strict laws govern the carriage of dangerous goods by air. Please ask if you are unsure about any article you wish to take on board either as checked baggage, cabin baggage or on your person. This will ensure that you do not subject yourself to danger and or possible legal action. Some items that are covered by the dangerous goods regulation include:
Explosives - ammunition, fireworks, toy gun caps. Compressed gases - aqualung cylinders, camping gas, aerosols. Oxidisers - bleach, peroxide. Corrosive - wet cell batteries, acids, alkalis. Poisons - insecticide, weed killer. Flammable liquids and solids - lights fuel, non-safety matches, paint thinners, fuel for camping stoves. Infectious substances - bacterial or virus cultures. Radioactive materials - betascopes, radio pharmaceuticals. Miscellaneous - mercury thermometers, magnetised material, dry ice.
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Baggage Allowance
Carry On Baggage
To comply with Department of Aviation safety requirements, and for the comfort of all Passengers, it is necessary to limit the size and weight of your carry on baggage to:
(1) one briefcase or small overnight bag not exceeding: depth 23cm(8ins), height 34cm (13ins), Length 48c ( 19 ins);
(2) One suit pack or garment bag (non rigid frame, unfolded);
(3) Any item of a personal nature for use during the flight such as camera, handbag, overcoat and infants food toiletries etc.
The total weight of your carry on baggage must not exceed 4 kilograms. Items which exceed these limitations will not be permitted into the aircraft cabin.
Valuable Items - All baggage should be locked, items of value such as money, jewellery, precious metal, negotiable instruments, securities, business documents or the like should only be carried on your person or in your carry on baggage in your care. The Carrier is not liable for loss or damage resulting from inherent defect, quality or service of goods carried.
Checked Baggage Your free checked baggage allowance is 1 bag to Passengers travelling Economy Class.
Domestic - 1 piece not exceeding 12 kgs
International - 1 piece not exceeding 20 kgs.
The total linear dimension (i.e. length and width and depth) of each piece shall not exceed 140cm (54ins). Excess baggage will apply to baggage which exceeds these linear dimensions and to any baggage over the free allowance.
Please be aware that stowage limitations apply on some flights and checked baggage may at time need to be transported on a different flight.
If the Carrier agrees to transport baggage weighing in excess of the applicable free baggage allowance then such excess will be subject to additional charges as determined by the Carrier and to be paid by you prior to acceptance by the Carrier of your baggage at the place of departure.
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No Smoking
In accordance with Civil Aviation Regulations, smoking is NOT permitted on Australian domestic flights and in all Australian FAC airport terminals.
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Government Regulation
The Civil Aviation Act (Cth) and the Civil Aviation Regulations contain rules for Passengers conduct to ensure safety in air travel. You must comply with those rules at all times.
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