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condition-of-carriage

Condition of carriage

Brindabella Airlines (ABN 90 083 162 038), hereafter referred to as the Company, require that all Passengers agree to and acknowledge the Company’s conditions of carriage.

A copy of the Company’s conditions of carriage is available on the website of Brindabella Airlines (www.brindabellaairlines.com.au) or from the travel agent before or after ticket purchase.

1. CONDITIONS OF CARRIAGE

By purchasing a ticket for travel on Aeropelican or Brindabella Airlines websites, or through a travel agency, the customer accepts the Company’s conditions of carriage.

2. LIABILITY

The Company's liability in respect of loss or damage to baggage and personal injury or death is limited to the circumstances and amounts as laid down in the applicable Law. Specifically, subject to the provisions of the Competition and Consumer Act 2010 (Cth), the Civil Aviation (Carriers' Liability) Act 1959 (Cth) and applicable State and Territory legislation:

Liability of the Company is limited to the following amounts:

  • in respect of death or personal injury of the Passenger AUD$500,000.00
  • in respect of destruction or loss to registered or checked baggage of the Passenger AUD$1,600.00
  • in respect of destruction or loss to cabin baggage of the Passenger AUD$160.00
  • such other sums as may be prescribed by applicable legislation for the time being in force.

Liability of the Company is limited to the following eventualities:

  • payment(s) accepted by the company in respect of a ticket purchased are subject to the fare rules applicable to the category of ticket purchased, which may be subject to change from time to time,
  • the Company will not be liable to the purchaser, the Passenger, their agents or servants, or any other person for costs or losses resulting from diversion, substitution, alteration, cancellation or delay, or from loss or delay of baggage,
  • the Company will be not liable for consequential or other loss of any kind, arising directly or indirectly from negligence or any act or omission or any other cause in connection with provision or non-provision of carriage or any transport or service and,
  • the Company will not be liable for inaccuracy in any information concerning transport, services or their pricing whether referred to in the ticket or any other document.

Claims for baggage damaged due to negligence on the part of the Company must be sighted by the Company’s representative at the terminal building of the airport where the Passenger suspects they have sustained such loss, and before the removal by the customer of any thermally printed baggage identification tag(s).  The Company will not be liable where damage to baggage is the result of normal wear and tear (this includes and is not limited to, damaged handles, wheels, or damage of a cosmetic nature such as scratches and dents).  The Company will not be liable for damage to items that are not sufficiently protected and packaged for air travel particularly in the case of out of gauge sized items.

Claims for baggage lost due to negligence on the part of the Company must be made to the Company’s representative at the terminal building of the airport where the Passenger suspects they have sustained such loss.  Where it is unreasonable for the Passenger to make a claim to the Company’s representative at the terminal building of the airport where the Passenger suspects they have sustained such loss, the Passenger must notify the Company of their loss in writing within 24 hours of their last scheduled flight.

Except as provided for under applicable Law, the Company will not be liable for loss or damage to, or delay in the delivery of, fragile or perishable articles, money, jewellery, precious metals, negotiable papers, securities or other valuables (including but not limited to photographic and computer equipment), business documents or trade samples, and medication prescribed or otherwise which are included in the Passenger's checked baggage, whether with or without the knowledge of the Company. 

Personal valuable items should be carried on the Passenger's person or in hand baggage.

The Company recommends personal and baggage insurance to minimise the risk associated with the loss or delay of personal baggage, or event of flight delay, and such travel insurance is available for purchase on the Company’s websites.

3. CHECK-IN REQUIREMENTS

All Passengers must be checked in and ready for boarding the aircraft by the time specified by the Company, which may be subject to change from time to time, however in any case will be no less than 30 minutes ahead of the scheduled time of flight departure.

Passengers must present satisfactory photographic identification to the representative of the Company at check in, and on demand to any crew member, law enforcement agencies, or other person who may be reasonably expected to request confirmation of the Passenger’s identity.

Passengers may be requested to declare the contents of any hand or checked in baggage to the representative of the Company at check in, and on demand to any crew member, law enforcement agencies, or other person who may be reasonably expected to request such information; the failure of which by the Passenger may result in the denial of boarding by the Company.

Passengers who fail to present themselves at check-in or the departure gate within the stipulated time will be denied boarding and considered to have not shown (hereinafter referred to as no show) for their flight.   Where a Passenger is deemed to be a no show for a flight the Passengers booking, and any onward bookings made within the same reservation will be cancelled, and any fare paid for the ticket will be forfeit in accordance with the rules of the fare paid.

4. HAND BAGGAGE

Cabin baggage should not exceed 4kg in total and the total linear dimensions should not exceed 105cm. The articles listed below may be carried by a Passenger as cabin baggage over and above the free baggage allowance:

  • A walking stick;
  • A reasonable amount of reading matter for the flight;
  • Infant's food for consumption in flight; and
  • A pair of crutches and or other prosthetic device for the Passenger's use provided that the Passenger is dependent upon them;

Some large musical instruments like guitars and cellos are allowed to be carried on board only if an extra seat is purchased for it via the Customer Service Office to ensure proper stowage.

Except as provided for under applicable Law, the Company will not be liable for loss or damage to, or delay in the delivery of, fragile or perishable articles, money, jewellery, precious metals, negotiable papers, securities or other valuables (including but not limited to photographic and computer equipment), business documents or samples, and medication prescribed or otherwise which are included in the Passenger's checked baggage, whether with or without the knowledge of the Company. 

5. CHECKED BAGGAGE

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

  • Economy Class Passengers: 1 item 15kg (33lb)

Each item in excess of the allowance, or the linear dimensions, will be deemed excess baggage and will be subject to payment of the prevailing excess baggage rates published by the Company from time to time.  Such excess baggage is further subject to the restriction below and to space and uplift availability and hence may not be carried on the same service as the Passenger.  The Company also reserves the right to offload baggage within the checked baggage allowance in instances where the aircraft is restricted with regard to the amount of baggage it can carry.  All baggage, including excess baggage, is only carried to the airport specified on the Company's baggage tag.  For excess baggage, the Passenger is responsible for the collection of his baggage at the destination airport and any related delivery expenses.

In the interest of occupational health and safety, any single item of Passenger baggage weighing in excess of 32kg (70lb) cannot be accepted for carriage.

In the case of Passengers with reduced mobility, the following items will not form part of the Passenger’s baggage allowance:-

  • A fully collapsible self-propelled wheelchair,
  • Hand propelled mobility aid such as a pair of crutches, a walking stick, a prosthetic device, or other non-mechanical item considered as a piece of equipment essential to assist the carrying out of an essential activity of daily living.

The Company shall hold no liability whatsoever for any loss if the Passenger fails to collect any checked or cabin baggage.  If such baggage is not claimed after 90 days after the flight, it will be deemed to be abandoned and the Company may dispose of it as the Company sees fit without notifying the Passenger and without any liability on the Company's part and the Passenger will indemnify the Company for any cost and or expense incurred in respect of such disposal.

6. DANGEROUS GOODS

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

PASSENGERS MUST NOT TAKE OR ATTEMPT TO TAKE ONBOARD ANY OF THE FOLLOWING ITEMS:

  1. EXPLOSIVES: fireworks, flares, toy gun caps.
  2. COMPRESSED SUBSTANCE: gas cylinders, aerosols (other than medicines/toiletries).
  3. FLAMMABLE SUBSTANCE: lighter fuel, paints, thinners, firelighters, cigarette lighters containing unabsorbed lighter fuel.
  4. OXIDIZERS: some bleaching powders, acids, chemicals.
  5. ORGANIC PEROXIDES: hair or textile dyes, fibreglass repair kits, certain adhesives.
  6. POISONS: arsenic, cyanide, weedkillers.
  7. IRRITATING SUBSTANCES: tear gas devices such as mace, pepper sprays.
  8. INFECTIOUS SUBSTANCES: biological products and/or diagnostic specimens containing pathogens.
  9. RADIOACTIVE MATERIALS: medical or research samples which contain radioactive sources.
  10. CORROSIVES: acids, alkalis, wet cell batteries, caustic soda, mercury.
  11. MAGNETISED MATERIALS: magnetrons and anything containing strong magnets.

PASSENGERS MAY TAKE ONBOARD IN LIMITED QUANTITIES:

  1. Alcoholic beverages (up to 1L), perfumes and colognes (up to 200ml in total).  Only alcohol served to Passengers by the Company’s cabin crew may be consumed on-board the aircraft.
  2. Medicinal or toiletry products including aerosols such as hair sprays and deodorant for personal use (up to 1kg or 1L in total).
  3. With the approval of the Company, small oxygen cylinders for medicinal use and small carbon dioxide gas cylinders worn to power mechanical limbs.
  4. Safety matches and certain lighters carried on the person. They must not be packed in the checked baggage.
  5. With approval of the Company, dry ice used to pack perishable foods (up to 1kg). Small mercury thermometers for personal use when in a protective case.

IF A PASSENGER TAKES DANGEROUS GOODS ON BOARD, EVEN INADVERTENTLY, THE PASSENGER MAY BE LIABLE TO PROSECUTION AND IF FOUND GUILTY MAY BE SUBJECT TO A LARGE FINE AND OR IMPRISONMENT.

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

7. PASSENGERS WITH REDUCED MOBILITY OR OTHER SPECIAL REQUIREMENTS

Passengers with reduced mobility or other special requirements are requested to call Aeropelican and Brindabella Airlines Customer Service Office on 1300 66 88 24 to ensure that the Company is fully aware of any special needs required for the safe travel of a Passenger.  Passengers, who book through a travel agent, may elect for the travel agent to inform the Company of the Passengers special needs.

The company currently offer the following services to Passengers with special requirements on selected routes:

  • Wheelchair boarding and disabled person lifting equipment
  • Breathing Aids
  • Harnesses for Child and Adult and Car Seats
  • Carriage of Guide Dogs
  • Carriage of unaccompanied minors

Owing to the type of Aircraft operated on some routes, particularly those where the Aircraft operated does not provide a cabin crew service, not all special services for Passengers, including those with reduced mobility or unaccompanied minors are available.  It is therefore important that Passengers with reduced mobility or those with special requirements such as making travel arrangements for the carriage of unaccompanied minors contact the Company’s Customer Service Office on 1300 66 88 24 as soon as practically possible after making their reservation.  Notwithstanding the provision of an unaccompanied minor service, minors must be accompanied by an adult.

8. MEDICAL CONDITIONS

In the case where the Passenger has a medical condition which may require special care and or assistance, including but not limited to allergies to certain food items, the Passenger must be aware that the Company is unable to change any of its flight procedures (including but not limited to safety procedures), conditions, service, food items or otherwise and if the Passenger still decides to take the flight with the Company, it will be at the sole risk and responsibility of the Passenger and or the person who makes the booking for the Passenger.  The Passenger, by taking the flight, and or, the person who makes the booking on behalf of the Passenger, by so doing, is deemed to have given the Company the following confirmation, undertaking and indemnity:

  1. I confirm that I have full authority to give the Company this confirmation, undertaking and indemnity.
  2. I confirm that I am aware that the Company is unable to change any of its flight procedures (including but not limited to safety procedures), conditions, service, food items or otherwise and the flight is at the sole risk and responsibility of the Passenger and or, in the case of the Passenger who is a minor, the parent, guardian and the person who books the flight for the Passenger.
  3. I confirm that the Passenger (in the case of an adult) of his own free will and being fully aware of the risks involved, has decided to take the flight with the Company and the Passenger will not hold the Company responsible for anything, food allergy, event, activity or otherwise occurring during the flight which may affect the medical condition of the Passenger.
  4. (In the case of the Passenger who is a minor and the booking is made on his behalf) I confirm that the parent, guardian and I, who are responsible for the care and well-being of the Passenger, of our own free will and being fully aware of the risks involved, have decided to let the Passenger take the flight with the Company and we will not hold the Company responsible for anything, food allergy, event, activity or otherwise occurring during the flight which may affect the medical condition of the Passenger.
  5. I confirm that if I have a pre-existing medical condition that may be impacted by the flight, I have sought medical advice before taking the flight and have completed the Medical Certificate for Fitness to Fly.
  6. I confirm that I or the travelling Passenger will have on hand all medication and medical equipment that I or the travelling Passenger may require during the flight.
  7. I further confirm that I acknowledge Aeropelican and Brindabella Airlines will be unable to provide assistance within the cabin for the administration of medication, consummation of food (except opening packets if required) or toiletry needs apart from assisting Passengers to or from the toilet door.
  8. AND I UNDERTAKE TO INDEMNIFY THE COMPANY and hold the Company harmless to the fullest extent permitted under the law against all claims, actions, suits, losses, damages, expenses and costs (including legal costs on an indemnity basis), whether in respect of personal injury, death, damage to property or otherwise, that the Company may suffer or incur in respect of or arising from the Passenger taking the flight under the circumstances of this clause.

9. PASSENGER CONDUCT

The Company reserves the right to refuse carriage to any person who seeks to travel in violation of any applicable law or tariff or is otherwise in breach of these conditions of carriage, who is under the influence of drugs or alcohol, or if it is necessary for the safety or comfort of other Passengers or for the protection of property.  This extends also to Passengers who may have been banned from travelling on any of the Company’s flights due to previous incidents relating to the above breaches or violations.

The Passenger shall comply with the instructions of the carrier's representatives, agents, or servants concerning all matters connected with or consequential to the air service, and shall comply with the conditions of the ticket and the terms of any notice exhibited in the aircraft and shall be responsible for any loss or damage occasioned by non-observance of any instructions, conditions or notice.  The Passenger shall remain seated during taxiing and when required by The Company during flight.  The Passenger shall not smoke in or in the vicinity of the aircraft, throw anything from the aircraft or walk in front of the aircraft or in the vicinity of the engines when entering or leaving the aircraft.

10. SMOKING

In accordance with Civil Aviation Regulations, smoking is not permitted on any of the Company’s aircraft or inside any of the airport terminals serviced by the Company.

11. GOVERNMENT TAXES AND OTHER CHARGES

The price paid for a Passenger ticket includes third party charges including but not limited to airport head tax, security screening charges etc which the Company collects as part of the air fare.  These charges will be paid on the Passengers behalf to the third parties when travel has taken place.   The amount of third party charges included within the price of a Passenger ticket may vary from time to time.  The Company’s airfares are non-refundable, however, if a Passenger ticket expires at the end of one year from date of purchase with sectors unused; the Passenger is entitled to claim a refund of the corresponding third party charges, less a reasonable administration fee which is published by the Company from time to time.

12. SCHEDULES

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

The Company reserves the right at any time to cancel any flight or, whether the scheduled flight on which the Passenger was booked takes place or not, to cancel any ticket or booking of the Passenger or to carry the Passenger for a portion only of any booked flight.  The Company shall not under any circumstances be under any liability to the Passenger for failure to carry him at the booked or scheduled time, or at all.  While the Company will endeavour to use its best efforts to carry the Passenger and baggage with reasonable dispatch, times of arrival and departure are not guaranteed.  

The Company assumes no responsibility for making connections between or with the flights it offers, the flights of other airlines or any other form of transport.

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

In the event the Company changes the flight schedule of the Passenger or cancels the flight booked by a Passenger, the Passenger may decide to cancel the ticket and obtain a full refund from the Company.  If the Passenger decides to do so, the request for the refund must be made within 14 days from the date the flight schedule was changed or the flight was cancelled.

13. WARSAW CONVENTION

If your journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or Montreal Convention may be applicable and the conventions govern and, in most cases, limit the liability of carriers for death or personal injury and in respect of loss of or damage to baggage.