Vee H Aviation Pty Ltd t/a FlyFC
ACN 008 493 338 Conditions of Carriage (Passenger & Baggage)
Please note that the below Conditions of Carriage applies to international flights only and specifically flights between;
- Adelaide (ADL) and Bali Denpasar (DPS) - flight numbers FC1125 and FC1126
- Perth (PER) and Bali Denpasar (DPS) - flight numbers FC1109, FC1110, FC1106, FC1107, FC1116, FC1117
- Melbourne (MEL) and Phuket (HKT) - flight numbers FC1187 and FC1188
- Sydney (SYD) and Phuket (HKT) - flight numbers FC1177 and FC1178
- Melbourne (MEL) and Honolulu (HNL) - flight numbers FC1101 and FC1102
- Sydney (SYD) and Honolulu (HNL) flight numbers FC1103 and FC1104
1. DEFINITIONS OF EXPRESSIONS USED
Airline Designator Code means the two or three characters or letters which identify particular Carriers.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Authorised Agent means a passenger sales agent who is authorised by FlyFC to represent FlyFC (namely Flight Centre Travel Group Limited) in the sale of air passenger transportation on FlyFC services, and who holds any required licences.
Baggage means your personal property accompanying you on your trip. It consists of both your Checked Baggage and Cabin Baggage.
Baggage Allowance means the amount of Cabin Baggage and Checked Baggage (if any) which is included in your fare as stated in 7.1 for travel on FlyFC services.
Baggage Identification Tag means the numbered baggage document issued to you that corresponds to the tag attached to each item of Checked Baggage for the purpose of identifying the Checked Baggage.
Booking means the details which we or our Authorised Agent have entered in our system relating to a journey to be made by a Passenger.
Booking Reference means the reference issued by us or our Authorised Agent which appears on your Ticket or Itinerary Receipt and which identifies the Booking you have made with us.
Cabin Baggage (sometimes referred to as carry-on baggage, hand baggage or unchecked baggage) means any of your Baggage other than Checked Baggage you take your Cabin Baggage into the cabin of the aircraft with you.
Carrier means an air carrier.
Checked Baggage means that part of your Baggage (if any) which we have taken into our custody for carriage in the hold of the aircraft and for which we have issued a Baggage Identification Tag or Baggage receipt or both.
Check-in Deadline means the time limit specified by the Operating Carrier by which you must have completed check-in and received your boarding pass.
Code share means a flight where the Airline Designator Code in the flight number is not the Airline Designator Code of the Carrier operating the aircraft.
Conditions of Carriage means these conditions of carriage and includes the fare rules, as applicable.
Convention means whichever of the following apply:
- the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention),
- the Warsaw Convention as amended at The Hague on 28 September 1955,
- the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975),
- the Guadalajara Supplementary Convention (1961),
- the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Montreal 28 May 1999 (the Montreal Convention),
- any other applicable protocols or conventions and any enabling legislation.
Damage includes death of, wounding of or bodily or personal injury to a Passenger and also includes loss, partial loss, theft or other damage to Baggage arising out of or in connection with, either carriage on flights we operate or other services we provide. However, it does not include normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts.
Days means a full calendar day. For the purpose of notification, the day upon which the notice is sent is not counted.
Domestic Carriage means travel in which the place of departure and the place of destination are both situated in the same country and there is no stopping place outside that country.
Event Beyond Our Control means weather events, air traffic control issues, industrial action by a third party, security issues or any other unusual and unforeseen circumstance which we cannot control and the consequences of which we could not have avoided.
Event Within Our Control means engineering issues, Operating Carrier IT system outages, delayed delivery of baggage to the carousel due to resourcing issues, late cleaning/loading of catering to the aircraft, crew/staffing issues or any other circumstance which we can reasonably control.
Frequent Flyer Redemption means a booking issued in exchange for the redemption of frequent flyer points.
International Carriage means travel between two or more countries including any flights within those countries where they are combined with any international flights.
Itinerary 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.
FlyFC, we, us, our for the purposes of these Conditions of Carriage means Vee H Aviation Pty Ltd , ACN 008 493 338 t/a FlyFC.
Marketing Carrier is the Carrier (Fly FC) that sells airfares with its own code as part of a code-share agreement on a flight actually operated by another Carrier, the Operating Carrier.
Operating Carrier is the Carrier having operational control of an aircraft used to operate a Codeshare Service and that provides passenger and luggage services to the Marketing Carrier and includes Jetstar Airways Pty Ltd ACN 069 720 243.
Passenger means any person with a Booking who is to be carried or who is carried on an aircraft, except members of the crew.
Significant Change means a change of three hours or more to your scheduled departure time.
Special Drawing Rights (or SDRs) means the composite unit of currency that is the official unit of exchange of the International Monetary Fund. As a rough guide, this equates to approximately AU$1.99 or NZ$2.15 but this will fluctuate depending on exchange rates.
Tariff means the fares, fare rules, charges or Conditions of Carriage that we file with airline global distribution systems, in our own reservations system, or in certain instances, with government authorities.
Ticket means the document issued by FlyFC or an Authorised Agent containing details of a Booking, and includes an electronic ticket.
we, us, our, ourselves see the definition for FlyFC.
you, your, yourself means the Passenger.
2. WHEN THESE CONDITIONS OF CARRIAGE APPLY
2.1 Application of Conditions of Carriage
Except as provided in clause 2.4, 2.7, 2.8, 2.9 and 2.10, these Conditions of Carriage apply wherever “FlyFC” or our Airline Designator Code “FC” is shown on a Booking, and in any case where we have a legal liability to you in relation to your flight.
2.2 Gratuitous or reduced fare carriage
These Conditions of Carriage also apply to gratuitous and reduced fare carriage (except to the extent that we have told you otherwise) and Frequent Flyer Redemption travel.
2.3 Basis of carriage
The carriage of a Passenger on any flight by FlyFC is, without exception, subject to:
- a Booking,
- these Conditions of Carriage,
- applicable laws which may include the Australian Consumer Law, Civil Aviation (Carrier’s Liability) Act 1959 (Australia) and any international Conventions that may apply to the journey in question,
- any applicable Tariffs filed by us with regulatory bodies,
- any specific directions given to a Passenger in writing, or orally by FlyFC or Operating Carrier staff, and
- the fare rules and conditions or Frequent Flyer Redemption rules, where and as applicable.
2.4 Read Down
If any of these Conditions of Carriage is invalid, illegal or unenforceable, it will be read down to the extent necessary to ensure that it is not invalid, illegal or unenforceable, but if that is not possible, it will be severed from the Conditions of Carriage and the other conditions will remain valid.
2.5 Variation and Waiver
No FlyFC employee or other person is authorised to vary any of these Conditions of Carriage. However, this does not affect our right to waive any fare rule or amount payable. A waiver on one occasion does not constitute a waiver on any other occasion.
2.6 Conditions prevail
We may publish a summary of these Conditions of Carriage to assist in drawing key issues to the attention of Passengers. The terms of these Conditions of Carriage will prevail over any summary of them.
Subject to clause 2.7, if any of these Conditions of Carriage is inconsistent with any special procedures we may have, these Conditions of Carriage will prevail to the extent of the inconsistency.
2.7 Overriding law
These Conditions of Carriage do not apply to the extent that they are inconsistent with any laws that apply to your carriage.
In respect of any goods or services we may provide, certain statutory guarantees or warranties may apply for the benefit of consumers. The nature and application of these guarantees or warranties will depend on the relevant jurisdiction.
In Australia, services come with the following consumer guarantees:
- guarantee as to due care and skill;
- guarantee as to fitness for a particular purpose; and
- guarantee as to reasonable time for supply.
Where we fail to provide services to you in accordance with these consumer guarantees then you may have a right to seek a remedy in accordance with the Australian Consumer Law. More information on the Australian Consumer Law.
Nothing in these Conditions of Carriage excludes or restricts the application of such consumer laws.
In respect of goods or services acquired for business purposes and not as a consumer:
(a) consumer guarantees and warranties, including under the Australian Consumer Law, a Fair Trading Act or the New Zealand Consumer Guarantees Act 1993 (NZ), will not apply where these Conditions of Carriage apply, provided that the relevant terms may by law be excluded; and
(b) if a statute or other law provides a guarantee or warranty that cannot be excluded, to the extent permitted by law our liability for a breach of the guarantee or warranty will be limited to either supplying the goods or services again or paying the cost of having them supplied again, as determined by us.
2.8 Charter operations
If carriage is performed by FlyFC under a charter agreement (hire arrangement), these Conditions of Carriage apply unless Passengers are advised otherwise.
2.9 Other travel arrangements
If FlyFC or the Operating Carrier transports you or arranges to transport you by means other than aircraft, eg. by bus, train or boat, or arranges accommodation or car rental, we do so only as an agent. There may be additional or different conditions of carriage applicable to those arrangements. Where these include limitations of liability that are lower than the limitations of liability in these conditions of carriage, the lower limitation will apply to your non-aircraft arrangements.
If we arrange travel for you on a flight with another Carrier’s Airline Designator Code, we do so only as agent for that Carrier and the other Carrier’s conditions of carriage will apply.
2.10 Code shares
On some routes FlyFC offers our services together with other Carriers, placing FlyFC’s designator code (FC) on flights operated by other Carriers under code share agreements. This means that even if you have made a Booking with us and hold a Ticket for a FlyFC flight showing ’FC’ as the Airline Designator Code, you may travel on another Carrier’s aircraft.
For a code share flight operated by another Carrier, FlyFC will advise the Passenger of the identity of the operating Carrier prior to the time of reservation.
Passengers travelling on a flight operated by another Carrier may be subject to terms and conditions of the operating Carrier that differ from those of FlyFC, including those regarding:
(a) check-in provided in clause 8;
(b) refusal and limitation of carriage provided in clause 10;
(c) restriction of acceptance of baggage, free baggage allowance and excess baggage charge provided in clause 7; and
(d) for code share flights involving an airport of the United States of America, the tarmac delay contingency plan of the operating Carrier governs with respect to any tarmac delay (meaning any delay of an aircraft on the ground at any airport of the United States of America during which passengers are not allowed to deplane).
2.11 EC Directive - Package Travel and Holiday Tours (United Kingdom)
This clause 2.11 applies only if you have purchased a fare for travel on our services as part of a package tour and European Community Directive 90/314/EEC on Package Travel and Holiday Tours applies.
We or an Authorised Agent will, if you ask, issue a new Ticket to somebody else to replace your Ticket if:
- you want to transfer your booking under article 4.3 of the Directive,
- you prove to us or an Authorised Agent that you have satisfied the requirements of Article 4.3 of the directive and are entitled to transfer the booking,
- you give us or an Authorised Agent reasonable notice of your intention to transfer the booking before your date of departure of your flight,
- you give us or an Authorised Agent the full name, address and contact number of the person to whom you want the new Ticket to be issued,
- you deliver your Ticket to us or an Authorised Agent, and
- you pay us or an Authorised Agent a reasonable administration fee for issuing the new Ticket.
3.1 Preparing to travel
You alone are responsible for making all necessary arrangements for your travel and ensuring that you comply with all laws, regulations and orders of the places you will travel to such as:
- finding out from relevant embassies or consulates whether you need a passport, visa or other travel document, health document or evidence of onward travel;
- obtaining those documents;
- obtaining inoculations; and
- finding out about dangers to your health and safety at your destination.
If we provide assistance or information for any of the above aspects of your travel, this does not release you from your responsibility in respect of these matters.
3.2 Destination - Passenger enquiries
If you are travelling overseas, you should enquire about any local issues and conditions at your destination(s) prior to commencing travel. We make no representations as to the safety, conditions or other issues that may exist at any destination. Travel advice can be obtained from various sources, including local governments, local consular offices and the website of the Australian Department of Foreign Affairs and Trade, the New Zealand Ministry of Foreign Affairs and Trade, and the United States Department of State.
3.3 Travel Insurance
Because travel involves many risks, and our liability to you is limited, you may choose to purchase travel insurance, which can cover things like:
- changes in travel plans and travel cancellation,
- medical and hospital expenses,
- personal injury and death,
- delayed, damaged or lost Baggage and other items, or
- missed flight connections and additional expenses.
We may refuse to carry you if we, acting reasonably, are not completely satisfied that it is safe for you to fly. Before you make a Booking you should tell us if you suffer from any illness, disease or other condition which may make it unsafe for you or other Passengers if you fly.
(b) Deep vein thrombosis (DVT)
Some studies have concluded that prolonged immobility may be a risk factor in the formation of blood clots in the legs (DVT - Deep Vein Thrombosis). If you feel you may be at risk from DVT or other health problems, consult with your doctor before travel.
Information on health issues can be found on our website at flyfc.com.au .
If you are pregnant, the following precautions must be observed.
For travel after the first 28 weeks of your pregnancy: you will need to carry a certificate or letter from a registered doctor or registered midwife, dated no more than 10 days prior to travel confirming:
- the estimated date of delivery
- whether it is a single or multiple pregnancy; and
- that there are no complications with your pregnancy
For flights of four hours or more:
- if you are having no complications with your pregnancy you can travel up to the end of the 36th week of your pregnancy for single pregnancies or up to the end of the 32nd week for multiple pregnancies (for example, twins)
- medical clearance is required if you are having complications with your pregnancy
For flights of less than four hours:
- if you are having no complications with your pregnancy you can travel up to the end of the 40th week of your pregnancy for single pregnancies and up to the end of the 36th week for multiple pregnancies (for example, twins)
- Medical clearance is required if you are having complications with your pregnancy
If you wish to travel within seven days after delivery, medical clearance is required. Infants cannot travel for 48 hours after delivery and need medical clearance to travel between three and seven days after delivery.
- We do not represent that travel is safe for you at any particular point during your pregnancy. You must seek advice from your own medical practitioner prior to your flight. The periods referred to above are only our minimum requirements
- Some countries place limitations on the entry of non-national pregnant women. Check with the relevant embassy or consulate before you travel to confirm any further limitations.
FlyFC collects information about you (including health information where necessary) to provide products and services to you, facilitate your participation in our and other organisations’ loyalty programs, ensure the safety and security of all passengers when travelling, conduct marketing activities for our and third parties’ products and services and conduct market research.
We may collect your personal information from people who make or update your Booking or otherwise interact with us on your behalf, from our related bodies corporate and other FlyFC branded entities, from our service providers and from immigration, customs, border security and other regulatory authorities. Some of the information we collect is required under the Customs Act 1901 (Cth). If the information is not provided, we may not be able to provide the service requested.
For these reasons, we may disclose your personal information to:
- our related companies, the Operating Carrier and other carriers, the Authorised Agent and organisations which provide services to us (such as ground handling and other travel related services, call centre operation, market research and marketing services, and services associated with complaints or security incident investigation);
- your employer if you are travelling for work purposes on a ticket purchased by your employer. The information disclosed to your employer may include your travel details and any information associated with your travel (such as incident reports); and
- others to comply with our legal obligations, including to various law enforcement agencies, regulatory authorities and governments for security, customs and immigration purposes.
These parties may be located overseas including in the United States, Thailand, Indonesia, Philippines, Singapore and any country which you travel to or through with us or our partner airlines.
4.1 When is a Booking made?
A Booking for a flight is made when recorded as accepted and confirmed by FlyFC or an Authorised Agent. If you ask, we or our Authorised Agent will give you written confirmation of your Booking. We do not accept any responsibility for any loss you may incur as a result of making arrangements for travel on FlyFC through anyone other than FlyFC or its Authorised Agent.
4.2 Payment essential
Even if you have a Booking for a flight, if FlyFC has not received your payment you will not be carried.
Reconfirmation is not required for FlyFC flights. However, you may need to reconfirm your reservation on any other carriers on which you intend to travel. You should check the reconfirmation requirements with those other Carriers. If you fail to reconfirm when reconfirmation is required, the Carrier may decide to cancel your reservation. Unless FlyFC has advised otherwise, FlyFC does not provide for connecting flights.
4.4 Some Bookings cannot be changed
FlyFC offers a choice of different fare types and bundles that are subject to different fare and bundle rules and are priced differently. Your reservation is subject to the fare and bundle rules applicable to the type of fare or bundle you choose. These are available to you at the time of booking. The fare and bundle rules include information about whether the fare can be changed and whether the fare is refundable. Please note the fare and bundle rules and in particular any change fees or restrictions that may apply.
FlyFC may increase such fees or charges from time to time. If such a change will affect your existing booking, we will give at least one month’s notice of the change by updating the information page on FlyFC.com.au and the Fees and Charges section of this doucment (section 19 - Additional Information)
4.5 Specific assistance
Generally we will not allow a person to travel without an accompanying passenger unless the person can travel independently, meaning that they can travel safely without assistance, supervision or both. We do not have the systems, staff or facilities required to assume responsibility for such assistance and supervision. Children requiring supervision will not be regarded as able to travel independently on the basis that they may cause a disruption or endanger themselves or others if travelling unaccompanied.
However, we do provide specific assistance services to accommodate customers who need to travel with a service dog and for customers who require a wheelchair (see 5.3). If you need to use these special services please make arrangements through your Travel Agent. Other animals will not be carried unless required by law.
Accompanying passenger means a paying Passenger who, in our reasonable opinion, can travel independently and is able to and will provide the appropriate assistance, supervision, or both, as is required for the particular customer they are accompanying. As a guide, FlyFC generally will not consider a passenger to be an appropriate accompanying passenger for a child unless the passenger is at least 15 years old.
4.6 Seat Allocation
Although we will try to accommodate your seat reservation request, FlyFC does not guarantee you any particular seat. We can change your seat at any time, even after you have boarded the aircraft, including for safety, security or operational reasons.
5.1 What your fare covers
Your fare covers the flight(s) for you and your applicable Baggage Allowance:
- from the airport at the place of departure specified in your Booking,
- to the airport at the place of destination specified in your Booking.
5.2 What your fare does not cover
Your fare does not include ground transport between one airport and another or between the airport and any other place. Meals and refreshments are not included in your fare unless the applicable fare rules provide otherwise.
FlyFC 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 (see clauses 9.1, 9.2 and 9.3).
5.3 Carriage of Wheelchairs and Service Dogs
Your fare also covers carriage of your service dog or wheelchair, if you require one to travel. Please notify Travel Agent of your requirements when you make your Booking. Limits may apply.
5.4 Non-refundable fares
Subject to clauses 4.6, 9.1(c), 10.3 or any applicable law, such as the Australian Consumer Law, some fare types are non-refundable or only partially 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 FlyFC 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 Fees and Charges under section 19 for current fees). If the administration fee reasonably incurred exceeds the amount of the refund, no refund will be paid.
5.5 Paying for your Booking
You or someone on your behalf must pay for your Booking, which means that payment must be made for:
- the applicable fare,
- any other applicable surcharges, fees or taxes, and
- any applicable amounts relating to changes to your Booking, which may include change fees and fare differentials.
You must pay for your Booking in the currency specified by FlyFC.
5.7 Charges and taxes
The price of your Booking may include significant amounts of surcharges, fees and taxes. You may also be required to pay additional charges, fees and taxes not marked on the Itinerary Receipt direct to third parties. For example, airport departure charges may be levied directly on you at an international airport. Such amounts will not be marked on your Booking.
If a government authority imposes or increases an unavoidable charge or tax on your carriage on a per passenger basis before you travel, we will pass on that cost to you if permitted by law to do so.
6.1 Ticket not transferable
You must not give or sell your Booking to anyone else to use. Except to the extent required by law or provided under the applicable fare rules, a Booking is not transferable to another person. If someone else presents themselves to travel on your Booking and we discover that that person is not you, we may refuse to carry that person. However, if we do not discover that the Booking has been transferred and as a result carry the person or give them a refund, we are not obliged to replace your Booking or give you a refund.
The applicable fare rules may permit you to change the passenger name and create a new Booking if you pay any applicable fare difference and change fees.
6.2 Booking and travel dates
(a) No open Bookings
Unless the fare rules provide otherwise, you cannot hold an open Booking. Your Booking must be for travel on a specific flight.
6.3 Booking Reference
You must keep your Booking Reference secure so that no one else can attempt to use it.
7.1 Baggage allowance
A Passenger who does not travel cannot transfer their unused Cabin Baggage or Checked Baggage allowance to any other passenger(s), including passenger(s) in the same Itinerary.
7.2 Prohibited items
The Operating Carrier will not carry, and you must not try to bring on board the following prohibited items:
- items prohibited from being carried on any aircraft by any applicable national or international law, regulation or order,
- weapons of any type (except see 7.3),
- items which are likely to endanger the aircraft or persons or property on board the aircraft, or items that may become or are dangerous, such as those items specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the International Air Transport Association (IATA) Dangerous Goods Regulations. Further information is available from us on request,
- any other items which we have identified to you as prohibited items including but not limited to items we reasonably determine are unsuitable for carriage because they are dangerous, unsafe or because of their weight, size, shape or character, or which are fragile or perishable,
- brief cases and attaché cases incorporating dangerous goods such as lithium batteries,
- animals (except permitted service animals),
- pyrotechnic devices, disabling devices such as mace, pepper spray, etc containing an irritant or incapacitating substance are totally forbidden.
If we or the Operating Carrier 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 or the Operating Carrier will not be responsible for any loss or Damage caused to any prohibited items if they are brought on board despite being prohibited items.
The Operating Carrier may agree, but are not obliged, to carry firearms and ammunition for hunting or sporting purposes as Checked Baggage. If the Operating Carrier accepts firearms and ammunition, these must be packed in accordance with all applicable national and international laws and regulations. Operating Carrier approval may be withheld at their sole discretion. Applications for the carriage of firearms and ammunition for hunting or sporting purposes must be submitted at least 4 working days prior to your scheduled departure date.
7.4 Restrictions on checked baggage
You must not include in your Checked Baggage:
- fragile, delicate or perishable items,
- items with a special value, such as money, jewellery, precious metals, silverware,
- negotiable papers, share certificates, securities or other valuable documents,
- electronic equipment,
- commercial goods or business documents, or
- passports and other travel documents.
Our liability for loss or Damage to your baggage is limited (see clause 15, below). If you carry items in contravention of these Conditions of Carriage, we will use all available defences against any claim in respect of any Damage, loss or destruction of those items.
7.5 Restrictions on cabin baggage
All Cabin Baggage must comply with all applicable size and weight restrictions. You must not include in Cabin Baggage knives, sharp objects or cutting implements of any kind and any length, whether of metal or other material. These items must be packed in your Checked Baggage. They cannot be carried in your Cabin Baggage or on your person. If they are, the articles will be removed and not returned.
Passengers carrying hypodermic needles will need to declare them at the screening point. Where possible, the Passenger should provide documentation or identification to confirm the Passenger’s relevant medical condition. Medication should have a professionally printed label identifying the medication or a manufacturer’s name or pharmaceutical label affixed. Please contact the Operating Carrier directly should you have a question.
We or the Operating Carrier do not accept any responsibility for items which we refuse to carry as Cabin Baggage and which are not carried as Checked Baggage.
7.6 Excess baggage (at the airport)
You must not take on board more Cabin Baggage than allowed (see 7.1). Charges will apply to all Checked Baggage in excess of the Checked Baggage allowance. See Checked Baggage for current charges. We or the Operating Carrier may not be able to carry your excess baggage.
FlyFC, the Operating Carrier, government or airport officers may:
- require you to submit to clothing and body searches and/or screen,
- require you to submit your Baggage to searches or inspections, and
- search or inspect your Baggage with or without you.
As a result of a search and/or screen, or if you refuse to submit yourself or your Baggage to a search, we may refuse to carry you and your Baggage, and may deliver your Baggage to government or airport officers.
Except as otherwise provided by the relevant Convention or other applicable law, if a search or screen causes Damage to you, or a search, screening or x-ray causes Damage to your Baggage or articles that are removed from your Baggage, we will not be liable for the Damage unless it was caused by our negligence.
8.1 Check-in Deadline
Check in deadlines apply and may be strictly enforced. To help us get your flight away on time, ensure you are at the boarding gate by the time specified. You will not be able to check-in after the Check-In Deadlines. Subject to any applicable law, such as the Australian Consumer Law, arrival after these Check-In Deadlines may result in you losing the entire fare paid. The aircraft will not be held for you if you arrive late at the boarding gate. You cannot check in at the boarding gate. Please refer to the Check In Options sub-section of section 19 in this document for further information on this.
8.2 At check-in
All Passengers, including children, must present their Booking Reference, any necessary travel documents (see 3.1) and acceptable forms of identification at check-in. For infants not requiring their own seat, proof of age (under 2) may be required, such as birth certificate. If you do not provide necessary travel documentation and form of identification at check-in, then you may not be allowed to travel. For all international travel a valid passport with the required validity period will be required.
At check-in the Operating Carrier will issue your boarding pass and Baggage receipt for any Checked Baggage. Keep these with you throughout your travel.
8.3 If you are late
If you arrive late at check-in or the boarding gate (see clause 8.1), you will forfeit your Booking and no refund will be paid, unless otherwise provided in the applicable fare rules, or these Conditions of Carriage (including clause 9.1(c)), or otherwise notified by FlyFC or required by Convention or law, such as the Australian Consumer Law.
Except as otherwise provided in the Convention or any applicable laws, such as the Australian Consumer Law, 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) FlyFC 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 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. In any event, prior to your flight you should check to ensure your flight times have not changed. Except as provided for by Convention or any applicable laws, such as the Australian Consumer Law, we will not be liable to you for any losses that you may incur if you fail to do so.
(c) If, after you pay for your Booking, we make a Significant Change to your flight due to Events Within Our Control, we will:
- rebook you on the next available flight (or combination of flights) on our services to your booked destination at no additional cost to you
- alternatively, at your option, refund the applicable fare.
If the change is not a Significant Change but we or our Authorised Agents cannot book you on another flight which you are prepared to accept, and the change means you are unable to use your Booking for its intended purpose, we will refund the applicable fare.
You may also have rights to remedies under the Australian Consumer Law.
Unless provided for in these Conditions of Carriage, a Convention or any applicable law, such as the Australian Consumer Law, we will not be responsible for paying any costs or expenses you may incur as a result of the changed time or cancellation.
(d) Discontinued Route
If we cease to operate on a route and as a result we cancel a flight for which you have a Booking, we will:
- offer you a seat on the next available flight (or combination of flights) on our services for an alternative route to the same destination (if available) and where a connection was arranged by us, a seat on the next available connecting flight
- alternatively, at your option, refund the applicable fare.
You may also have rights to remedies under the Australian Consumer Law.
9.2 Changes due to Events Beyond Our Control
Where we make a Significant Change to your flight due to an Event Beyond Our Control, whether you have checked in or not, we will:
- use reasonable endeavours to rebook you on the next available flight on our services at no additional cost to you
- alternatively, if we are unable to rebook you on services acceptable to you, we will provide you with a flight credit where the purpose of your trip is void.
You may also have rights to remedies under the Australian Consumer Law.
We 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 applicable laws, such as the Australian Consumer Law.
9.3 No flight connections provided
Unless you have been advised otherwise by FlyFC, you must collect your Checked Baggage after each individual flight. It is the Passenger’s responsibility when making Bookings to allow sufficient time between the first flight’s arrival and next flight’s departure for Baggage collection and recheck. Please see Flight Connection subsection of section 19 of this document for more information.
10. REFUSAL OF CARRIAGE/DENIED BOARDING
10.1 Refusal of carriage
Even if you have a Booking, we or the Operating Carrier may refuse to carry you and your Baggage if any of the following circumstances have occurred or we reasonably believe will occur:
- if carrying you or your Baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger or at risk,
- if carrying you or your Baggage may materially affect the comfort of any person in the aircraft,
- if carrying you will break government laws, regulations, orders or an immigration direction from a country to which you are travelling or are to depart from,
- because you have refused to allow a security check to be carried out on you or your Baggage,
- because you do not appear to have a Booking,
- if you fail to comply with any applicable law, rule, regulation or order or these Conditions of Carriage,
- if you fail to complete the check-in process by the required time (8.1) or fail to arrive at the boarding gate on time,
- because you have not obeyed the instructions of the Operating Carrier’s 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 the Operating Carrier’s 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 or the Operating Carrier are not satisfied that misconduct will not recur,
- because you cannot prove you are the person specified in the Booking on which you wish to travel,
- because your Booking:
- is not paid for,
- has been transferred,
- has been acquired unlawfully,
- has been acquired from someone other than us or an Authorised Agent,
- contains an alteration which has not been made by us or an Authorised Agent,
- is counterfeit or otherwise invalid.
- if we believe you will attempt to enter a country in which you have landed as a transit passenger without permission,
- if you have refused to give your travel documents to us or a member of the Operating Carrier’s staff or allowed us to copy your travel documents, or you have destroyed your travel documents during the flight.
In any of the situations in this 10.1, we may remove you from a flight, even after you have boarded, without any liability on our part, and cancel any subsequent flights on us on your Itinerary 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 due to overbooking of a scheduled flight for which you have a Booking, we will use reasonable endeavours to get you to your destination within a reasonable time of your original scheduled arrival time on our services. If this does not suit you and you choose not to travel, you may choose to request a refund. If we do not get you to your destination within a reasonable time of your original scheduled arrival time, we will provide compensation and any care required by any law which may apply, such as the Australian Consumer Law (under which you may have rights to remedies), or in accordance with our policy if there is no applicable law. This clause 10.3 does not apply if you fail to meet the Check-in Deadline and boarding requirements in clause 8.1 or we exercise our right to refuse to carry you.
If we are unable to accommodate your Cabin Baggage, we may ask you if we can stow it in the aircraft hold as Checked Baggage. In these circumstances you will not be charged for the relevant Checked Baggage.
11. CONDUCT DURING FLIGHT
11.1 Obey directions
To maximise Passenger comfort, safety and security, you must comply with the following requirements and all other directions of any crew member of the Operating Carrier when on board:
- stow Cabin Baggage under the seat in front of you or in the overhead lockers,
- take care when you open overhead lockers, since Cabin Baggage may move during flight,
- keep your seatbelt fastened when seated,
- remain seated with your seatbelt securely fastened during turbulence,
- stay seated as directed, in particular while the aircraft is moving on the tarmac,
- do not operate any electronic devices including cellular telephones, laptop computers, recorders, radios, CD players, electronic games, laser products or transmitting devices, walkie-talkies, remote or radio controlled toys that could interfere with the flight. If you fail to comply with our requests in this regard, we may retain the device until the end of the flight. Hearing aids and heart pacemakers are permitted.
- do not smoke,
- if you drink alcohol, drink only in moderation and only alcohol served on The Operating Carrier’s flight as part of its in-flight bar service. Consumption of alcohol purchased prior to your flight is not permitted on-board the aircraft,
- use infant restraints as directed,
- if asked by a member of the crew acting reasonably, you must give your passport or other travel document to them for safe custody until the end of the flight; and
- do not behave in a manner to which other Passengers may reasonably object.
11.2 Control of Passengers
We will take all reasonable steps to maintain the comfort, safety and security of all Passengers. If necessary, the Operating Carrier may restrain you or remove you from any flight anywhere, for example if you:
- conduct yourself so as to endanger the safety of the aircraft or any person or property on board,
- obstruct, or fail to comply with any direction of, any crew member,
- behave in a manner to which other Passengers may reasonably object,
- interfere with a crew member who is performing his or her duties on board an aircraft,
- tamper or interfere with the aircraft or its equipment.
If the Operating Carrier offloads you, you may be refused further carriage on that Carrier and may be prosecuted for any offenses committed on board the aircraft.
11.3 Diversion costs caused by unacceptable behaviour
If the Operating Carrier diverts the aircraft to an unscheduled destination as a result of your failure to comply with the requirements set out in these Conditions of Carriage or your conduct described in clause 11.1, you must pay the Operating Carrier the reasonable costs of the diversion.
11.4 Smoking prohibited
Smoking is not permitted on any aircraft.
12. AFTER THE FLIGHT
12.1 Collect your Checked Baggage
You must collect your Checked Baggage as soon as it is available for collection.
12.2 If you cannot find your Checked Baggage
If you cannot find your Checked Baggage, produce your Baggage Identification Tag to us. Only the person to whom the Baggage Identification Tag was issued is entitled to collect that Baggage.
12.3 Release of Checked Baggage by us
If we have Baggage you claim is yours but you do not have the Baggage Identification Tag, the Operating Carrier will release the Baggage to you only if you:
- produce adequate proof of entitlement to it,
- undertake in writing to us that you will reimburse us for any loss, damage or expense incurred as a result of that release, and
- comply with any other reasonable directions given to you by us.
12.4 Disposal of Baggage by us
If you do not collect your Checked Baggage and you have not claimed it within 28 Days after your flight, the Operating Carrier may sell or otherwise dispose of it without notifying you and without liability on our part.
We or the Operating Carrier are not liable for any loss you may suffer as a result of your leaving any belongings on an aircraft when you disembark (unless the loss was caused by the Operating Carrier’s fault) or in the airport terminal or lounge.
12.5 If you collect the wrong bag
If you pick up the wrong bag from the baggage carousel, it is your responsibility immediately to return the bag at your own cost to the baggage claims officer or airport manager at the airport where you collected it.
13. REFUSAL OF ENTRY AND FINES
13.1 Refusal of entry
If you are refused permission to enter a country and if a government or government authority orders us to return you to your place of origin or remove you to another country:
- you must pay for any detention costs and the return or other fare,
- we may, at our discretion, set off any refund owing to you, including for Booked but unused flights, against the amount of that return or other fare (if unpaid), and
- we will not refund the fare for carrying you to the place where you were denied entry.
13.2 Reimbursement of costs
If we are ordered to pay any fine or penalty at any time, or incur any expense, costs, loss or Damage ("losses") by reason of you being denied entry into any country, or because of your failure to comply with any law, regulation, order or requirement, or because of your behaviour, health or medical condition, you must reimburse us for all losses plus all legal costs and other expenses reasonably incurred. We may, at our discretion, set off any refund owing to you for Booked but unused flights against any such amounts.
14. APPLICATION OF CONVENTION AND LAWS
International Carriage is governed by a Convention, where applicable, or under applicable laws where a Convention does not apply. Where your travel is wholly within Australia with no international sectors, it is subject to the provisions of the Civil Aviation (Carriers’ Liability) Act 1959 (Cth) as amended (or any replacement legislation) or in the case of intra-State travel, complementary State legislation, and the Australian Consumer Law. Where your travel is wholly within a foreign jurisdiction, it is governed by equivalent legislation applicable within that jurisdiction.
Our liability may be limited in respect of death or injury, Baggage or delay under a Convention or applicable laws.
15. LIABILITY FOR DAMAGE
Other than as specified in these Conditions of Carriage and to the extent permitted by any applicable law, such as the Australian Consumer Law, we exclude all liability for any costs, expenses, losses or Damage whatsoever that may arise in any way in connection with the carriage.
15.2 Negligence by you
If any Damage was caused or contributed to by you, our liability may be reduced in accordance with applicable laws.
15.3 Our Conditions of Carriage
These Conditions of Carriage govern our liability to you. The liability of any other Carrier involved in your journey will be determined by their conditions of carriage.
15.4 Our liability for your death, injury or delay
(a) International Carriage
Where your travel occurs on or after 28 December 2019 is International Carriage and the Montreal Convention applies:
- For any recoverable compensatory Damages up to 128,821 SDRs (about AU$257,000) in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, we will not exclude or limit our liability. However, any liability we may have for Damage will be reduced in accordance with applicable law by any negligence on your part that causes or contributes to the Damage.
- We will not be liable for Damages in respect of death or bodily injury to the extent that they exceed for each Passenger 128,821 SDRs (about AU$257,000), if we prove that:
(i) such Damage was not due to the negligence or other wrongful act or omission of us, the Operating Carrier or our agents, or(ii) such Damage was solely due to the negligence or other wrongful act or omission of a third party
In the case of passenger delay where the Montreal Convention applies and:
- Your travel occurs on or after 28 December 2019, the Operating Carrier will be liable for recoverable Damages except when they can prove that we took all measures that could reasonably be required to avoid the Damage or that it was impossible for them to take such measures. The Operating Carrier’s liability under the Montreal Convention is limited to 5,346 SDR’s (about AU$10,675).
- In the case of passenger delay where the Warsaw Convention applies, the Operating Carrier will be liable for recoverable Damages except when we can prove that they took all necessary measures to avoid the Damage or that it was impossible for them to take such measures.
- If neither the Warsaw nor the Montreal Convention applies, different limits may apply.
15.5 Our liability for damage to your baggage
(a) International Carriage
- The Operating Carrier’s liability for Damage to Checked Baggage is limited by the Convention except where you prove that the Damage resulted from an act or failure to act either done with the intention to cause damage or recklessly and with knowledge that damage would probably result.
- Where the Warsaw Convention applies, the limit is 250 francs (about AU$32) for each kilo of your Checked Baggage affected and 5,000 francs (about AU$640) for your Cabin Baggage, unless Article 25 of the Warsaw Convention applies, in which case these limits do not apply.
- Where the Montreal Convention applies, the limit is 1,131 SDRs (about AU $2,280), cumulative for both Checked Baggage and Cabin Baggage, unless Article 22.5 of the Montreal Convention applies, in which case these limits do not apply. In the case of Checked Baggage, the Operating Carrier will not be liable if the baggage was defective. They will only be liable for Cabin Baggage if they were at fault.
- If neither the Warsaw nor the Montreal Convention applies, different limits may apply.
- The Operating Carrier will be liable only for Damage occurring during air Carriage booked on our Airline Designator Code. If the Operating Carrier check Baggage on the flight of another carrier, they 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 or the Operating Carrier are not liable for any Damage to your Cabin Baggage to the extent caused or contributed to by your negligence.
- We or the Operating Carrier 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 or the Operating Carrier are not liable for normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts.
- If the weight of your Checked Baggage is not recorded on your Baggage receipt the Operating Carrier will presume it is not more than the applicable Baggage Allowance for the class of carriage.
15.6 Liability for breach of condition or warranty
To the extent permitted by law, such as the Australian Consumer Law, we and the Operating Carrier exclude all liability for any costs, expenses, losses or Damages whatsoever that may arise in any way in connection with the carriage.
16. CLAIMS BY YOU
16.1 Death or personal injury claims
- If you wish to make a claim against us relating to personal injury or death, you or your personal representative should notify us in writing as soon as possible.
16.2 Baggage claims
If the person with a Baggage receipt receives Checked Baggage without making a complaint, it will be reasonable evidence that the Checked Baggage was delivered in good condition, unless proven otherwise.
Any claim for loss of or Damage to Checked Baggage or Cabin Baggage must be made in writing to the Operating Carrier within the following timeframes:
- 7 days in the case of Damage to your Checked Baggage,
- in the case of delay, within 21 days from when the Checked Baggage has been made available to you.
If you miss these deadlines, you will lose any right to claim.
If you wish to make a claim against the Operating Carrier for loss or Damage to Checked Baggage or Cabin Baggage, please present the Baggage at the arrival airport.
16.3 Clothing damage
Any incident involving Damage to your clothing worn or taken into the aircraft cabin must be immediately reported to cabin crew of the Operating Carrier.
16.4 Limitation of claims
Unless otherwise required by law or your right to claim for Damages has expired earlier as provided elsewhere in these Conditions of Carriage, you expired earlier as provided elsewhere in these Conditions of Carriage, you will have no right to claim for Damages if court proceedings are not brought within two years from:
- the date of your arrival at your destination,
- the date the aircraft should have arrived, or
- the date on which your carriage stopped.
The method of calculating the period of limitation will be determined by the law of the court where the case is heard.
- We are not liable for any Damage arising from our compliance with any laws or government regulations or your failure to comply with the same.
- These Conditions of Carriage (including any exclusion or limitation of liability) apply to and are for the benefit of our Authorised Agents, employees and representatives and agents to the same extent as they apply to us.
- The total amount that you can recover from us, the Operating Carrier, our Authorised Agents, employees, representatives and agents will not be more than the total amount of our liability, if any.
- Subject to any applicable law, such as the Australian Consumer Law, and except where these Conditions of Carriage provide otherwise, our liability, if any, is limited to proven direct compensatory Damages.
- Nothing in these Conditions of Carriage:
- except where we say otherwise, gives up any exclusion or limitation of liability to which we are entitled under any laws which may apply, or
- gives up any defence available to us under any laws which apply including against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a Passenger.
- To the extent permitted by law, including the Australian Consumer Law, FlyFC excludes all liability for any costs, expenses, losses or Damages whatsoever that may arise in any way in connection with the carriage.
- Despite any translation of these Conditions of Carriage into another language, the English version of these Conditions of Carriage will prevail.
18. OUR NAMES AND ADDRESS
Our name may be abbreviated to "FC" (our Airline Designator Code) on the Itinerary Receipt. Our address is Vee H Aviation Pty Ltd (ACN 008 493 338) t/a FlyFC Suite 5, Wetlands House, Building 7, 1 Dairy Rd, Fyshwick, ACT 2609, Australia.
19. ADDITIONAL INFORMATION
19.1. Fees and Charges
Please contact your travel agent.
19.2. Flight Connections:
Please be aware that we don’t transfer your baggage between flights.
If you're transferring between domestic flights or between international and domestic flights, in most cases you’ll need to collect your baggage, check in again and transfer your bags.
The Operating Carrier’s check-in staff will let you know if your baggage will be transferred. You may still need to check in at the connecting airport to obtain your next boarding pass before check-in closes.
Remember, it’s your responsibility to make your connecting flight on time.
It’s important that you’re aware of any flight connections you have on your itinerary as some Jetstar flights connect at a stopover airport. We recommend you allow at least 3 hours in between these flights.
We don’t guarantee that we can assist you with missed flight connections on other airlines.
19.3. Cabin Baggage
- You are allowed a main item and a small item, with a combined weight of no more than 7kg
- Your main item must fit in the overhead lockers and be no larger than 56cm (height) x 36cm (width) x 23cm (depth). Your small item must fit under the seat in front of you. If you exceed either size or weight limits you may incur fees and charges at the airport. For information on fees and charges at the airport please see Excess Baggage Fees and Charges
- For all other baggage enquiries please contact your travel agent or email us on firstname.lastname@example.org .
19.4. Checked Baggage
- ADL – DPS: 20kg included in fare
- DPS – ADL: 20 kg included in fare
- PER – DPS: 20 kg included in fare
- DPS – PER: 20 kg included in fare
- MEL – HKT: 20 kg included in fare
- HKT – MEL: 20 kg included in fare
- HKT – SYD: 20 kg included in fare
- SYD – HKT: 20 kg included in fare
- MEL – HNL: 30 kg included in fare
- HNL – MEL: 30 kg included in fare
- HNL – SYD: 30 kg included in fare
- SYD – HNL: 30 kg included in fare
Additional baggage can be purchased via Manage Booking for the above sectors from 6 days prior to travel date. Additional fees and charges will apply.
Excess Baggage Fees and Charges may apply at the airport.
For all other baggage enquiries please contact your travel agent or email us on email@example.com .
19.5. Check In Options
- Online check in will be available from 48 hours prior to your flight departure time via Manage Booking for the below routes:
- PER / ADL – DPS
- DPS – PER / ADL
- MEL / SYD – HKT
- HKT – MEL – SYD
- MEL / SYD – HNL
- HNL – MEL / SYD
- Airport Check In / Boarding Times will be as below for PER / ADL – DPS and DPS – PER / ADL routes:
3 hours before scheduled departure
check-in and bag drop opened
60 min before scheduled departure
check-in and bag drop closed
40 min before scheduled departure
be at your boarding gate
15 min before scheduled departure
boarding gate closed
- Airport Check In / Boarding Times will be as below for MEL / SYD – HKT, HKT – MEL / SYD, MEL / SYD – HNL, HNL – MEL / SYD.
3 hours before scheduled departure
check-in and bag drop opened
45 min before scheduled departure
check-in and bag drop closed
40 min before scheduled departure
be at your boarding gate
15 min before scheduled departure
boarding gate closed
- Remember, if you’re not at the boarding gate on time, you won’t be able to board the flight and you may lose your fare in full.