Airline Designator Code means the two or three characters or letters which identify particular air Carriers.
Par Avion Airlines, we, us, our for the purposes of these Conditions of Carriage means Airlines of Tasmania Pty Limited, ABN 15009510847.
Authorised Agent means a licensed passenger sales agent who represents Par Avion Airlines in the sale of air passenger transportation on Par Avion Airlines 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 7.1 for travel on Jetstar 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 you or someone for whose travel you are paying.
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.
Checked Baggage means that part of your 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.
Check-in Deadline means the time limit specified by Par Avion Airlines by which you must have completed check-in and received your boarding pass.
Conditions of Carriage means these conditions of carriage and includes the conditions of contract or terms and conditions of carriage as set out in your Itinerary / Receipt, as applicable.
Convention Means whichever of the following apply:
- the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention)
- the Warsaw Convention as amended at The Hague on 28 September 1955
- the Warsaw Convention as amended at the Hague and by Additional Protocol No. 4 of Montreal (1975)
- the Guadalajara Supplementary Convention (1961)
- the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Montreal 28 May 1999 (the Montreal Convention)
- any other applicable protocols or conventions and any enabling legislation.
Damage means death of, wounding of or bodily or personal injury to a Passenger. It also includes loss, partial loss, theft or other damage to Baggage arising out of or in connection with, either carriage on flights we operate or other services we provide. However, it does not include normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts.
Days means all seven days of the week. For the purpose of notification, the day upon which the notice is sent is not counted.
Domestic Carriage means travel in which the place of departure and the place of destination are both situated in the same country and there is no stopping place outside that country.
Event Beyond Your Control means an unusual and unforeseen circumstance which you cannot control and the consequences of which you could not have avoided.
International Carriage means travel between two or more countries including any flights within those countries where they are combined with any international flights.
Itinerary / 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.
Special Drawing Rights (or SDRs) means the composite unit of currency that is the official unit of exchange of the International Monetary Fund.
Tariff means any fare that is filed with a government authority.
we, us, our, ourselves see the definition for Par Avion Airlines.
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, 2.7 and 2.9, these Conditions of Carriage apply wherever “Par Avion Airlines” or our Airline Designator Code “FO” is shown on a Booking, and in any case where we have a legal liability to you in relation to your flight.
2.2 Gratuitous or reduced fare carriage
These Conditions of Carriage also apply to gratuitous and reduced fare carriage except to the extent that we have told you otherwise.
2.3 Basis of carriage
The carriage of a Passenger on any flight by Par Avion Airlines is, without exception, subject to:
- a Booking
- these Conditions of Carriage and the Key Conditions of Carriage set out in your Itinerary /Receipt
- Australian laws including the Civil Aviation (Carrier’s Liability) Act 1959 (Cth) and any international Conventions that may apply to the journey in question
- any specific directions given to a Passenger in writing, or orally by Par Avion Airlines staff, and
- the fare rules and conditions, as applicable.
In the event of any inconsistency between the Conditions of Carriage and the Key Conditions, the Conditions or Carriage will prevail.
2.4 Read Down
If any of these Conditions of Carriage is invalid, illegal or unenforceable, it will be read down to the extent necessary to ensure that it is not invalid, illegal or unenforceable, but if that is not possible, it will be severed from the Conditions of Carriage and the other conditions will remain valid.
2.5 Variation and Waiver
No employee or other person is authorised to vary any of these Conditions of Carriage. However, this does not affect Par Avion Airlines’s right to waive any fare rule or amount payable. A waiver on one occasion does not constitute a waiver on any other occasion.
2.6 Conditions prevail
If any of these Conditions of Carriage is inconsistent with any special procedures we may have, these Conditions of Carriage will prevail to the extent of the inconsistency.
2.7 Overriding law
These Conditions of Carriage 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.
2.8 Charter operations
If carriage is performed by Par Avion Airlines under a charter agreement (hire arrangement), these Conditions of Carriage apply unless Passengers are advised otherwise.
2.9 Other forms of transportation
If Par Avion Airlines transports you or arranges to transport you by means other than aircraft, eg. by bus, train or boat, there may be additional or different conditions of carriage applicable to that travel. 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 travel.
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. If we provide assistance for any of the above aspects of your travel, we do not release you from your responsibility in respect of these matters.
3.2 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
- missed flight connections and additional expenses.
(a) We may refuse to carry you if we, acting reasonably, are not completely satisfied that it is safe for you to fly. Before you make a Booking you should tell us if you suffer from any illness, disease or other condition which may make it unsafe for you or other Passengers if you fly.
(b) Deep vein thrombosis (DVT)
Some studies have concluded that prolonged immobility may be a risk factor in the formation of blood clots in the legs (DVT – Deep Vein Thrombosis). If you feel you may be at risk from DVT or other health problems Par Avion Airlines recommends you consult with your doctor before travel.
If you are pregnant and your travel is Domestic Carriage::
- you have a normal pregnancy, no medical clearance is required.
- you have a complicated pregnancy, medical clearance is required.
- you have an uncomplicated multiple pregnancy, medical clearance is not required provided travel is completed by the end of the 36 th week of pregnancy. There must be 28 Days between the date travel is completed and the date on which you are due to give birth. You must carry a letter from a registered/licensed medical practitioner stating that your pregnancy is progressing normally and specifying the date on which you expect to give birth.
- 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.
Para Avion Airlines is legally bound by, and adheres to the Australian Privacy Principles (APP’s) in complying with the provisions of the Privacy Act 1988 in relation to the collection, use, disclosure and storage of personal information.
Par Avion Airlines collects information about you to provide products and services to you, process your travel arrangements and for administrative and legal purposes. If the information is not provided, Par Avion Airlines may not be able to provide the service requested. Par Avion Airlines may retain and may disclose your personal information to its related companies, other carriers, travel service providers, organisations which provide services to Par Avion Airlines, your employer if you are travelling on a Booking purchased by your employer, various law enforcement agencies and governments around the world for security, customs, emergency and immigration purposes. You may be required by government regulations to provide specific personal data or information to us, including information to enable us to notify your family members in the event of an emergency.
4.1 When is a Booking made?
A Booking for a flight is made when recorded as accepted and confirmed by Par Avion Airlines or an Authorised Agent. If you ask, we or our Authorised Agent will give you written confirmation of your Booking.
4.2 Booking essential
Your Booking is the main evidence of our contract with you, so even though you have a reservation for a flight, you will not be able to board that flight without first checking-in and presenting photo identification (eg. passport or driver’s licence).
Reconfirmation is not required for Par Avion Airlines flights. You should check the reconfirmation requirements with other carriers. If you fail to reconfirm when reconfirmation is required, the carrier may decide to cancel your reservation. Par Avion Airlines does not provide for connecting flights.
4.4 Some Bookings cannot be changed
Some fare types may be restricted so that you:
- cannot change or cancel any Booking, or
- may request to change a Booking only to a limited extent, or
- may request to change a Booking only by paying any applicable additional service fee or change fee
- Only Par Avion Airlines or its authorised agent may change or cancel a Booking.
4.5 Limited special assistance
Generally we will not allow a person to travel without an Accompanying Passenger unless the person can travel independently, meaning that they can travel safely without assistance, supervision or both. We do not have the systems, staff or facilities required to assume responsibility for such assistance and supervision. Children requiring supervision will not be regarded as able to travel independently on the basis that they may cause a disruption or endanger themselves or others if travelling unaccompanied.
However, we do provide limited special assistance services to accommodate customers who need to travel with a guide dog, hearing or mobility dog, customers who require a wheelchair (see 5.3) and customers who require two seats for themselves. If you need to use these special services you must make arrangements through Par Avion Airlines Reservations.
Accompanying Passenger means a paying passenger who, in our reasonable opinion, can travel independently and is able to and will provide the appropriate assistance, supervision, or both, as is required for the particular customer they are accompanying. As a guide, Par Avion Airlines generally will not consider a passenger to be an appropriate Accompanying Passenger for a child unless the passenger is at least 15 years old.
5.1 What your fare covers
Your fare covers the flight(s) for you and your Baggage Allowance:
- from the airport at the place of departure specified in your Booking
- to the airport at the place of destination specified in your Booking.
5.2 What your fare does not cover
Your fare does not include ground transport between one airport and another or between the airport and any other place.
5.3 Carriage of Wheelchairs and Guide Dogs
Your fare also covers carriage of your registered guide dog, hearing or mobility dog if you require one to travel. The dog must be seated at your feet during the flight if possible. You must notify us of the requirement for your dog to travel when you make your Booking as the number of dogs that can be carried per flight is limited and we may need to suggest alternative dates or times of travel if your dog cannot be accommodated on your selected flight.
In the case of guide, hearing and mobility dogs, you must confirm that the dog is properly registered at the time of Booking and you must provide a recognised ID card or documentation for the dog at the time of checking in.
Your wheelchair, should you require one, may be carried in the hold at no extra charge. We can accommodate up to two wheelchair passengers on each flight, subject to the limitations of the aircraft.
Carriage of guide, hearing or mobility dogs and wheelchairs shall be subject to such other requirements as we may implement from time to time.
5.4 Non-refundable fares
Except where required by law, fares are non-refundable (and see 3.3 and 9.1(c) ).
5.5 Paying for your Booking
You or someone on your behalf must pay for your Booking, which means that payment must be made for:
- the applicable fare
- any other applicable surcharges, fees or taxes, and
- any applicable amounts relating to changes to your Booking, which may include change fees and fare differentials.
You must pay for your Booking in Australian dollars unless otherwise authorised by Par Avion Airlines.
5.7 Charges and taxes
The price of your Booking may include significant amounts of surcharges, fees and taxes. You may also be required to pay additional charges and taxes not marked on the Itinerary and Receipt direct to third parties.
6.1 Ticket not transferable
You must not 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 may refuse to carry that person. However, if we do not discover that the Booking has been transferred and as a result carry the person, we are not obliged to replace your Booking or give you a refund. The applicable fare rules may permit you to change your Booking.
6.2 Booking and travel dates
(a) No open Bookings
Unless the fare rules provide otherwise, you cannot hold an open Booking. Your Booking must be for travel on a specific flight, unless authorized by Par Avion Airlines.
7.1 Baggage allowance
You may carry some Baggage free of charge provided you comply with our Baggage requirements which are set out below.
Domestic Cabin Baggage: Each passenger (except infants not occupying an aircraft seat) is permitted 1 main item of Cabin Baggage and 1 other small item (eg. handbag, coat, umbrella, laptop or suitpack).
- Dimensions of main item must not exceed 48cm (width) + 34cm (height) + 23cm (depth).
- If the small item is a suitpack, then it must be non-rigid and unfolded, and the dimensions must not exceed 60cm (width) + 114cm (height) + 11cm (depth).
- Total weight of all Cabin Baggage must not exceed 7kg.
- Each piece must be able to fit under the seat in front of you or fit in an enclosed storage compartment in the cabin of the aircraft.
- If any piece of baggage does not comply with any of these conditions, it must be checked in to the aircraft hold.
Checked Baggage: Each passenger (except infants not occupying an aircraft seat) is entitled to check in up to 15kg of baggage for carriage in the aircraft hold at no charge.
- Passengers must ensure all baggage is packed appropriately before being presented at check in.
- No single item may exceed 32kg in weight.
- Bulky items (maximum 2 metres), including but not limited to bicycles, surfboards, skis, golf clubs, snow boards, may be included within the 15kg allowance, subject to space availability.
- Passengers who anticipate having bulky items or excess baggage should arrive at the airport to check in 2 hours prior to the scheduled departure time.
- In addition to the 15kg allowance Par Avion Airlines will carry at no charge in the hold a fully collapsible wheelchair and/or a pair of crutches and/or a walking stick and/or other prosthetic device for you if you are dependent on them.
- Par Avion Airlines may refuse to carry any piece of Baggage that does not comply with the Par Avion Airlines policy.
7.2 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 7.3 )
- items which are likely to endanger the aircraft or persons or property on board the aircraft, or items that may become or are dangerous, such as those items specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the International Air Transport Association (IATA) Dangerous Goods Regulations. Further information is available from us on request
- knives, sharp objects or cutting implements of any kind and any length, whether or metal or other material, and any other items we reasonably determine are unsuitable for carriage because they are dangerous, unsafe or because of their weight, size, shape or character, or which are fragile or perishable
- brief cases and 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 prohibited items, we may do whatever we consider appropriate and what is reasonable in the circumstances, including disposing of the item without notifying you.
We will not be responsible for any loss or damage caused to any prohibited items if they are brought on board despite being prohibited items.
We may agree to carry firearms and ammunition for hunting or sporting purposes as Checked Baggage. If we do, these must be packed in accordance with all applicable national and international laws and regulations. Our approval may be withheld at our sole discretion. Applications for the carriage of firearms and ammunition for hunting or sporting purposes must be submitted at least 2 working days prior to your anticipated departure date.
7.4 Restrictions on checked baggage
You must not include in your Checked Baggage:
- fragile, delicate or perishable items
- items with a special value, such as money, jewellery, precious metals, silverware
- negotiable papers, share certificates, securities or other valuable documents
- personal electronic equipment including compact discs
- commercial goods or business documents, or
- passports and other travel documents.
As our liability is limited (see 14 ), we will not be liable for any inconvenience or Damage you suffer if you have ignored our requirements and included the item/s as Checked Baggage.
7.5 Restrictions on cabin baggage
All Cabin Baggage must comply with all applicable size and weight restrictions. You must not include in Cabin Baggage knives, sharp objects or cutting implements of any kind and any length, whether of metal or other material, 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 Par Avion Airlines 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.
7.6 Excess baggage
You must not take on board more Cabin Baggage than allowed (see 7.1). Charges will apply to all Checked Baggage in excess of the Checked Baggage allowance. Par Avion Airlines may not be able to carry your excess baggage.
Par Avion Airlines, 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.
Except as otherwise provided by the relevant Convention or other applicable law, if a search or screen causes damage to you, or a search, screening or x-ray causes damage to your Baggage, we will not be liable for the damage unless it was caused by our negligence.
8.1 Before check-in
You must ensure you have your Booking Reference, photographic identification, Baggage, all necessary travel documents and anything else you need to travel.
8.2 Check-in Deadline
For Domestic Carriage, all passengers must be checked in at least 30 minutes before the scheduled departure. Arrival after these Check-In Deadlines may result in you forfeiting the entire fare paid. Once checked-in, you must be at the boarding gate for Domestic Carriage at least 15 minutes before the scheduled departure time. The aircraft will not be held for you if you arrive late at the boarding gate.
8.3 At check-in
All Passengers, including children, must present any necessary travel documents (see 3.1) and identification at check-in. For adults, photo identification will be required, such as a driver’s licence or passport. For children, examples of acceptable forms of identification include passport, birth certificate and school identification. For infants not requiring their own seat, proof of age (under 2) may be required, such as birth certificate. If you do not provide necessary travel documentation and form of identification at check-in, then you may not be allowed to travel.
At check-in we will issue your boarding pass and Baggage Check for any Checked Baggage. Keep these with you until you complete your travel.
8.4 If you are late
If you arrive late at check-in or the boarding gate (see 8.2), you will forfeit your Booking and no refund will be paid, unless otherwise notified by Par Avion Airlines. Except as otherwise provided in the Convention or any applicable laws, we are not liable to you for any loss or Damage you may suffer as a result of your late arrival.
9. SCHEDULES, LATE OR CANCELLED FLIGHTS
(a) The flight time shown on your Itinerary / Receipt may change between the date of issue and your date of travel. Par Avion Airlines does not guarantee the flight times and they 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 / Receipt. We may need to change the scheduled departure time of your flight after your Itinerary / 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
9.2 Changes due to circumstances beyond our control
Where the delay or cancellation is caused by circumstances beyond our control, whether you have checked in or not, Par Avion Airlines will try to assist you to get to your destination, but will not be responsible for paying any costs or expenses you may incur as a result of the delay or cancellation, unless otherwise required by law.
9.3 No flight connections provided
Par Avion Airlines does not provide flight connections or baggage transfer. Unless you have been advised otherwise by Par Avion Airlines, 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. Par Avion Airlines 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. To the extent permitted by law, Par Avion Airlines excludes liability for any costs, expenses, losses or Damages incurred by the Passenger as a result of failure to meet a schedule.
10. REFUSAL OF CARRIAGE/DENIED BOARDING
10.1 Refusal of carriage
Even if you have a Booking, we may refuse to carry you and your Baggage if any of the following circumstances have occurred or we reasonably believe will occur:
- if carrying you or your Baggage may put the safety of the aircraft or the safety or health 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
- because you have refused to allow a security check to be carried out on you or your Baggage
- because you do not appear to have a Booking
- if you fail to comply with any applicable law, rule, regulation or order or these Conditions of Carriage
- if you fail to complete the check-in process by the required time ( 8.2 ) 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 made arrangements for (see 4.5 )
- if you are drunk or under the influence of alcohol or drugs
- if you are, or we reasonably believe you are, in unlawful possession of drugs
- if your mental or physical state is a danger or risk to you, the aircraft or any person in it
- if you have used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft or otherwise behaved in a threatening manner
- if you have committed a criminal offence during the check-in or boarding processes or on board the aircraft
- if you have deliberately interfered with a member of our ground staff or the crew of the aircraft carrying out their duties
- if you have put the safety of either the aircraft or any person in it in danger
- if you are not wearing footwear
- if you have made a threat
- because you have committed misconduct on a previous flight and we are not satisfied that misconduct will not recur .
- because you cannot prove you are the person specified in the Booking on which you wish to travel
- because your Booking:
- is not paid for
- has been transferred
- has been acquired unlawfully
- has been acquired from someone other than us or an Authorised Agent
- contains an alteration which has not been made by us or an Authorised Agent
- is counterfeit or otherwise invalid.
In any of the situations in this 10.1 , we may remove you from a flight, even after you have boarded, without any liability on our part, and cancel any subsequent flights on us on your Itinerary / Receipt.
10.2 Notice of refusal to carry you
We will be entitled to refuse to carry you and your Baggage if we have notified you in writing that we will not carry you on our services. The notice will give details of the period for which it will apply and will ask you not to make a Booking or ask or allow anyone to do so for you. If you try to travel while the notice is in force, we will refuse to carry you.
If you are denied boarding 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 or in accordance with our policy if there is no applicable law.
11. CONDUCT DURING FLIGHT
11.1 Obey directions
To maximise passenger comfort, safety and security, you must comply with the following requirements, and all other directions of any crew member on your Par Avion Airlines 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 11.4 )
- if you drink alcohol, drink only in moderation and only alcohol served on your Par Avion Airlines flight as part of its inflight bar service. Consumption of alcohol purchased prior to your flight is not permitted onboard the aircraft.
- use infant restraints as directed, and
- do not behave in a manner to which other Passengers may reasonably object.
11.2 Control of Passengers
We will take all reasonable steps to maintain the comfort, safety and security of all Passengers. If necessary, we may restrain you or remove you from any flight anywhere, for example if you:
- conduct yourself so as to endanger the safety of the aircraft or any person or property on board
- obstruct, or fail to comply with any direction of, any crew member
- behave in a manner to which other Passengers may reasonably object
- interfere with a crew member who is performing his or her duties aboard an aircraft
- tamper or interfere with the aircraft or its equipment
- If we offload you, you may be refused further carriage on Par Avion Airlines and may be prosecuted for any offences committed on board the aircraft.
11.3 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.
11.4 Smoking prohibited
Smoking is not permitted on any Par Avion Airlines aircraft.
12. AFTER THE FLIGHT
12.1 Collect your Checked Baggage
You must collect your Checked Baggage as soon as it is available for collection.
12.2 If you cannot find your Checked Baggage
If you cannot find your Checked Baggage, produce your Baggage Check to us. Only the person to whom the Baggage Check was issued is entitled to collect that Baggage.
12.3 Release of Checked Baggage by us
If we have baggage you claim is yours but you do not have the Baggage Check, 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 .
12.4 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 may sell or otherwise dispose of it without notifying you and without liability on our part.
We are not liable for any loss you may suffer as a result of your leaving Cabin Baggage on an aircraft when you disembark (unless the loss was caused by our fault) or if you leave any belongings in the airport terminal
12.5 If you collect the wrong bag
If you pick up the wrong bag from the Baggage trolley, it is your responsibility immediately to return the bag at your own cost to the baggage claims officer or airport manager at the airport where you collected it.
13.1 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 are permitted to the Booking provided the requisite amount of notice is given (see the applicable fare rules), and a charge may be payable. Unless otherwise notified by Par Avion Airlines, failure to travel on a Booking will result in the fare being forfeited.
14. LIABILITY FOR DAMAGE
14.1 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 their own conditions of carriage.
14.2 Our liability for your death or injury
- Where your travel is wholly within Australia with no international sectors, it is subject to the provisions of the Civil Aviation (Carriers’ Liability) Act 1959 as amended (or any replacement legislation) or complementary State legislation. As such, our liability for your injury or death is limited to AU$500,000.
14.3 Our liability for damage to your baggage
- We will be liable only for Damage occurring during air carriage booked on our Airline Designator Code. If we check Baggage on the flight of another carrier, we only do so as agent for that carrier. Nevertheless, with respect to Checked Baggage, you may also have a right of action against the first or last carrier.
- We are not liable for any Damage to your Cabin Baggage 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 items which you are asked not to include in your Checked Baggage (under 7.4) . These items include 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.
- Where your travel is wholly within Australia and is not International Travel, it is subject to the provisions of the Civil Aviation (Carriers’ Liability) Act 1959 as amended (or any replacement legislation) or complementary State legislation. As such, our liability for loss or damage is limited to A$1,600 per Passenger for your Checked Baggage and A$160 per Passenger for your Cabin Baggage.
- 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, Par Avion Airlines excludes all liability for any costs, expenses, losses or Damages whatsoever that may arise in any way in connection with the carriage.
15. CLAIMS BY YOU
15.1 Personal death or injury claims
- If you wish to make a claim against us relating to personal injury or death, you or your personal representative should notify us in writing as soon as possible.
- Where your travel is wholly within Australia: If at the time of the accident you have cover in respect of personal injury arising from the accident under Part 2 of the Injury Prevention, Rehabilitation, and Compensation Act 2001, you or your personal representative should lodge a claim in the manner provided in the Injury Prevention, Rehabilitation, and Compensation Act 2001.
15.2 Baggage claims
If you wish to make a claim against us for loss or Damage to Checked Baggage or Cabin Baggage, the Baggage must first be presented to Par Avion Airlines staff at the arrival airport.
Any claim for loss of or damage to Checked Baggage or Cabin Baggage must be made in writing within the following timeframes:
- 3 days in the case of damage to or loss or destruction of part only of an item of Checked Baggage, after the date of receipt of the remainder of the item;
- 21 days in the case of loss or destruction of the whole of an item of Checked Baggage;
- 3 days in the case of damage to or loss or destruction of Cabin Baggage.
If you miss these deadlines, you will lose any right to claim.
If you wish to make a claim against us for loss or Damage to Checked Baggage or Cabin Baggage, the Baggage must first be presented to Par Avion Airlines staff at the arrival airport.
Any incident involving Damage to your clothing worn or taken into the aircraft cabin must be immediately reported to our cabin crew.
15.4 Limitation of claims
Unless otherwise required by law or your right to claim for Damages has expired earlier as provided elsewhere in these Conditions of Carriage, you will have no right to claim for Damages if court proceedings are not brought within two years from:
- the date of your arrival at your destination
- the date the aircraft should have arrived, or
- the date on which your carriage stopped.
15.5 Our name and address
Our name may be abbreviated to “FO” (our Airline Designator Code) on the Itinerary / Receipt. Our address is Airlines of Tasmania Pty Limited, PO Box 324 Rosny Park Tasmania 7018.