Regional Express Ticket Conditions of Contract and Terms of Carriage
Carriage on Regional Express and Rex aircraft and on flights under designation ZL is by Regional Express Pty Limited (ACN 101 325 642), for which Regional Express Holdings Limited (ACN 099 547 270) acts as agent. Carriage on aircraft provided by other carriers or third parties will be subject to the terms and conditions of those parties, and Regional Express Pty Limited acts only as agent in arranging such services.
The Passenger flies subject to the Ticket Terms and, to the extent applicable, the Laws. If there is a conflict between any of the parts of the Ticket Terms, those of the Ticket Terms set out in this document will prevail. The contract of carriage is with Regional Express Pty Limited and the issue of any ticket or other documents in respect of carriage is on behalf of Regional Express Pty Limited.
The Company's liability in respect of loss or damage to baggage and personal injury or death is limited to the circumstances and amounts as laid down in the applicable Law. Specifically, subject to the provisions of the Competition and Consumer Act 2010 (Cth), the Civil Aviation (Carriers' Liability) Act 1959 (Cth) and applicable State and Territory legislation:
payments accepted by the Company in respect of a Ticket are subject to the Fare Rules applicable to the category of ticket purchased;
the Company will not be liable to the Purchaser, the Passenger, or to any other person for costs or losses resulting from diversion, substitution, alteration, cancellation or delay, or from loss or delay of baggage;
the Company will be not liable for consequential or other loss of any kind, arising directly or indirectly from negligence or any act or omission or any other cause in connection with provision or non-provision of Carriage or any transport or service; and
the Company will not be liable for inaccuracy in any information concerning transport, services or their pricing whether referred to in the Ticket or any other document.
These conditions of carriage do not apply to the extent that they are inconsistent with overriding laws that apply to your carriage.
Subject to the Civil Aviation (Carrier’s Liability) Act 1925 (Cth) and equivalent State legislation, certain statutory guarantees or warranties may apply for the benefit of consumers. Nothing in these Conditions of Carriage will prevent the application of such consumer laws to the extent that the circumstances require their application without exclusion.
If legislation provides a guarantee or warranty cannot be excluded, to the extent permitted by law liability for a breach of the guarantee or warranty will be limited either to the supply of the goods or services again or the payment of the cost of the resupply.
Subject to any overriding Laws, liability of the Company to the Passenger on Australian domestic flights is limited by State and Commonwealth legislation and by the Ticket Terms by the following amounts:
in respect of destruction or loss to baggage or death or injury of any Passenger:
AUD$725,000: in respect of death or personal injury of the Passenger;
AUD$1,600: in respect of destruction or loss to registered or check-in baggage of the Passenger; and
AUD$160: in respect of destruction or loss to other baggage (carry-on baggage) of the Passenger;
such other sums as may be prescribed by applicable legislation for the time being in force.
Except as provided for under the Law, the Company is not liable for loss or damage to, or delay in the delivery of fragile or perishable articles, money, jewellery, precious metals, negotiable papers, securities or other valuables (including but not limited to cameras and computers), business documents, passports and other identification documents, samples, medicines or drugs which are included in the Passenger's check-in baggage, whether with or without the knowledge of the Company. Such personal valuable items should be carried on the Passenger's person or in carry on baggage under his/her care.
Claims for baggage damaged or lost due to negligence on the part of Rex must be filed and reported within
3 days of the flight arrival at the destination. Claims reported after 3 days will not be accepted. All claims must be submitted at the destination airport, using forms provided by Rex. The damaged baggage must be sighted with the thermal baggage tag still attached by a Rex Staff member. The Company is not liable for damage to baggage where damage is the result of normal wear and tear (this includes, and is not limited to, damaged handles and wheels). The Company is also not liable for damage to items that are not sufficiently protected and packaged for air travel (which is the passenger’s responsibility) especially for odd-sized items.
The Company is also not liable for damage to baggage if baggage weight exceeds the maximum design limits of the manufacturer, where manufacturer’s specifications are unavailable the weight limit applied will be 25kgs. The Claim will not be approved if it is deemed damage was not due to negligence by Rex.
Cancellation and Luggage insurance which covers some travel related risks is available while booking your flight online.
Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
In the interest of on-time departure, every Passenger must be checked in and ready for boarding by the time fixed by the Company from time to time, and in any case not less than 30 minutes prior to the scheduled departure time for Sydney, Melbourne, Adelaide,
Perth and Queensland airports (excluding Burketown which is 60 minutes) or 20
minutes for regional airports in New South Wales, South Australia, Tasmania, Victoria
and Western Australia. At the time of check-in, the Passenger must present satisfactory photo identification to the Company's staff or agent and must comply with all lawful instructions given by such personnel including but not limited to declaring the contents of luggage and payment of any additional charges for excess baggage etc.
A Passenger who fails to check-in or present himself/herself at the departure gate by the stipulated boarding close time will not be permitted to board the aircraft and will be deemed a "no show". This will result in the Passenger's booking under the Ticket being cancelled. Any of the following events will result in a cancellation:
failure to board a booked flight or no-show;
request to cancel part or the entire ticketed journey; and
non-compliance with any of the agreed Ticket Terms.
In these circumstances, cancellation and rebooking fees will be charged by the Company according to the applicable Fare Rules and certain ticket classes may lose its entire value.
It is against the law to bring into the aircraft, whether as carry-on baggage or check-in baggage, restricted items as defined by the Civil Aviation Safety Authority. The Company and airport or government officials may inspect and/or search your baggage with or without your presence.
WHAT MUST NOT BE TAKEN ON BOARD
- EXPLOSIVES: fireworks, flares, toy gun caps.
- COMPRESSED SUBSTANCE: gas cylinders, aerosols (other than medicines/toiletries).
- FLAMMABLE SUBSTANCE: lighter fuel, paints, thinners, firelighters, cigarette lighters containing unabsorbed lighter fuel.
- OXIDIZERS: some bleaching powders, acids, chemicals.
- ORGANIC PEROXIDES: hair or textile dyes, fibreglass repair kits, certain adhesives.
- POISONS: arsenic, cyanide, weedkillers.
- IRRITATING SUBSTANCES: tear gas devices such as mace, pepper sprays.
- INFECTIOUS SUBSTANCES: biological products and/or diagnostic specimens containing pathogens.
- RADIOACTIVE MATERIALS: medical or research samples which contain radioactive sources.
- CORROSIVES: acids, alkalis, wet cell batteries, caustic soda, mercury.
- MAGNETISED MATERIALS: magnetrons and anything containing strong magnets.
- LITHIUM BATTERIES: Spare Lithium ion batteries and cells with a Watt hour rating greater than 160Wh, are not permitted on an aircraft under any circumstances. Damaged, defective or recalled Lithium batteries cannot be carried in our aircraft.
WHAT MAY BE TAKEN ON BOARD IN LIMITED QUANTITIES
- Alcoholic beverages (up to 5L), perfumes and colognes (up to 2L in total). Please note, alcohol is prohibited to be carried on board all Rex flights on the Gulf and Cape York routes due to alcohol management programmes. Penalties apply for violation. All passengers travelling on the Gulf and Cape York routes must surrender any alcohol carried on their person at check-in.
- Medicinal or toiletry products including aerosols such as hair sprays and deodorant for personal use (up to 2kg or 2L in total, with no single can or container exceeding 500g or 0.5L).
- With the approval of the Company, small oxygen cylinders for medicinal use and small carbon dioxide gas cylinders worn to power mechanical limbs.
- Safety matches and certain lighters carried on the person. They must not be packed in the check-in bag.
- All spare lithium ion batteries and cells must have terminals insulated or protected to prevent short circuit and must be carried in carry-on baggage only. Only TWO Spare lithium ion batteries and cells with a Watt hour rating of between 100Wh and 160Wh are allowed per passenger, and must be carried in carry-on baggage only. – Operator approval is required for these prior to travel. If batteries are installed in equipment such as laptop computers, camera, calculators etc – the above limits still apply, however they can be carried as check-in baggage, provided the electronic device is protected from accidental activation. Please refer to the Civil Aviation Safety Authority for more information.
- Battery-powered portable electronic smoking devices (e.g. e-cigarettes, e-cigs, e-cigars, e-pipes, personal vaporizers, electronic nicotine delivery systems). These items must be carried on the person in the cabin and cannot be carried in check-in baggage. These items must not be used or placed on charge while in a Rex aircraft.
- With approval of the Company, dry ice used to pack perishable foods (up to 2.5kg).
- Small mercury thermometers for personal use when in a protective case.
REMEMBER IF YOU TAKE DANGEROUS GOODS ON BOARD, EVEN INADVERTENTLY, YOU MAY BE LIABLE TO PROSECUTION AND A JAIL TERM.
If there is any doubt about what may be carried on board THE aircraft, the Passenger must request more information from the Company before commencing travel. Firearms and weapons of any description are prohibited in the cabin of any Aircraft. Passengers shall not tender dangerous goods or potentially dangerous goods for Carriage as baggage. The Company may destroy, abandon and/or retain as evidence any such goods.
Each Passenger occupying a paid seat is entitled to a free check-in baggage allowance of 1 item at 15kg [23kg for Rex Flex (Y class) passengers], provided the total linear dimensions (i.e. Depth plus Height plus Length) of each item does not exceed 140cm (55in).
Infants not occupying a seat are permitted check-in baggage not exceeding a total weight of 10kg. This will include the weight of the stroller, carry basket, fold-up cot and/or car seat.
Each item in excess of the allowance, or the linear dimensions, will be deemed excess baggage and will be subject to payment of the prevailing excess baggage rates published by the Company from time to time. Such excess baggage is further subject to the restriction below and to space and uplift availability and hence may not be carried on the same service as the Passenger. The Company also reserves the right to offload baggage within the check-in baggage allowance in instances where the aircraft is restricted with regard to the amount of baggage it can carry. All baggage, including excess baggage, is only carried to the airport specified on the Company's baggage tag. For excess baggage, the Passenger is responsible for the collection of his/her baggage at the destination airport and any related delivery expenses.
Priority Baggage is available for purchase at the prevailing rate. This guarantees uplift of the passenger’s baggage on the flight they travel on. For full Priority Baggage terms and conditions, visit our website.
By purchasing Safe Hand Baggage at check-in for the prevailing rate, passengers are permitted to be in possession of their baggage between check-in and boarding. Safe Hand Baggage is not permitted inside the cabin. A limit of 15kg [23kg for Rex Flex (Y class) passengers] applies. As Safe Hand Baggage is screened through Airport Security, its contents are subject to all carry-on baggage restrictions. Safe Hand Baggage charges do not apply for passengers travelling with wheelchairs, prams and medical equipment required between check-in and boarding.
For Occupational Health & Safety reasons, any single item of baggage which exceeds 32kg in weight, cannot be accepted as passenger baggage.
A fully collapsible wheelchair and/or a pair of crutches and/or a walking stick and/or a prosthetic device will be carried in addition to the baggage allowance set out above if the Passenger is dependent on the item.
For the above items, the total weight of the checked-in items must not exceed the stipulated limit or an excess baggage charge will apply.
All baggage should be locked (where applicable). The Company's liability with respect to check-in baggage is spelt out in Clause 2 above.
Check-in baggage will be delivered to the destination airport for collection by the bearer of the baggage check receipt or tag. In case of lost or damage to check-in baggage, such bearer may submit a claim in writing to the Company within
3 days from the scheduled arrival of the baggage.
The Company will not be liable for any loss if the Passenger fails to collect any check-in or carry-on baggage. If such baggage is not claimed after 90 days after the flight, it will be deemed to be abandoned and the Company may dispose of it as the Company sees fit without notifying the Passenger and without any liability on the Company's part and the Passenger will indemnify the Company for any cost and/or expense incurred in respect of such disposal.
Total baggage exceeding 100kg will not be accepted as excess baggage and must be processed at a cargo outlet at the applicable cargo rate.
Live domestic animals will be accepted as excess baggage except when travelling to/from Adelaide, Newcastle, Townsville, Brisbane and Cairns airports. For these airports, animals must be lodged through a freight agent. Please refer to Rex’s Conditions of Carriage for Cargo.
Each passenger occupying a paid seat is entitled to carry-on baggage. Carry-on baggage should not exceed 7kg in total and the total linear dimensions should not exceed 105cm. Your carry-on baggage may be weighed and measured and, if necessary, may need to be carried as check-in baggage in accordance with the check-in baggage allowance. The articles listed below may be carried by a Passenger as carry-on baggage over and above the free check-in baggage allowance:
A lady's handbag, pocketbook or purse, which is appropriate to normal travelling dress and is not being used as a container for the transportation of articles which would otherwise be regarded as baggage;
An overcoat, wrap or blanket;
An umbrella or walking stick;
A small camera and/or a pair of binoculars;
A reasonable amount of reading matter for the flight;
Infant's food for consumption in flight;
A pair of crutches and/or other prosthetic device for the passenger's use provided that the passenger is dependent upon them;
- All other articles - including overnight bags, briefcases, personal computers, ladies' vanity cases, large size cameras, small musical instruments such as violins etc. taken into the cabin as carry-on baggage are subject to the following conditions:
one briefcase and one small bag, each not exceeding: depth 23cm (9in), height 34cm (13in), length 48cm; (19in)
two small bags, each not exceeding: depth 23cm (9in), height 34cm (13in), length 48cm (19in).
The small bag can be substituted for one suit pack or one garment bag, (non-rigid frame/unfolded), not exceeding: thickness 11cm (4in), width 60cm (24in), length 114cm (45in).
Some bulky musical instruments like guitars and cellos are allowed to be carried on board only if an extra seat is purchased for it via the Customer Contact Centre to ensure proper stowage. (Please refer to the Special Requirements Terms & Conditions).
Wheelchairs and infants' carry baskets (these items may be stowed in the aircraft hold)
Items which exceed the above allowances must be checked in.
Your personal medication or prescriptions should not be placed in check-in baggage as they may be offloaded or otherwise not be available when you need them. The Company shall not be liable for any loss or damage to or delay in delivery of such items and for any consequential death or personal injury. Please note that passengers carrying hypodermic needles will need to declare them at the time of check-in.
Laptop computers should be carried as carry-on baggage to avoid possible damage. The Passenger is not permitted to carry any sharp objects in his/her carry-on baggage or Safe Hand Baggage such as nail files, scissors, letter openers, pocket knives, etc. Such items must be placed in check-in baggage only.
Rex retains the sole discretion to determine, for the purposes of your safety or the safety or comfort of other passengers, whether any item of your baggage will be permitted in the carry-on or should be carried as check-in baggage.
Your air ticket comprises 3rd party taxes and charges like airport head tax, security screening charges etc which we collect as a deposit as part of the all inclusive air fare. This will be paid on your behalf to the 3rd parties when travel has taken place. The deposit amount varies due to differences in 3rd party taxes and charges. Regardless of whether your airfare is refundable, if your ticket expires at the end of one year from date of purchase with sectors unused, you are entitled to claim a refund of the corresponding deposit, less a reasonable administration fee currently fixed at $44 (incl GST) per passenger per booking regardless of the number of sectors in the booking. All claims must be made prior to ticket expiry. Please fill out the enquiries form on the Rex website to claim this refund.
In line with industry practice, there is a booking/handling fee and a credit/debit card surcharge for bookings to cover the costs of providing the service as well as the charges imposed by the card provider. This surcharge depends on the booking method and card used. Please see the Surcharge table for amounts.
In accordance with Civil Aviation Regulations, smoking is not permitted on Australian domestic flights and in Australian airport terminals.
To ensure the Passenger's well-being in-flight, we recommend he/she:
consults his/her doctor before travel if he/she has any concerns about any medical condition which might affect him/her during a flight;
follow the health advice provided in our in-flight documentation.
The Company reserves the right without notice to substitute any aircraft or other means of transport either before the departure of the flight or at any intermediate airport, to alter or omit any advertised stopping place and to despatch the aircraft before or alter the date or hours advertised or announced for its departure. The Ticket Terms shall extend to carriage by substituted aircraft or other means of transport.
The Company reserves the right at any time to cancel any flight or, whether the scheduled flight on which the Passenger was booked takes place or not, to cancel any ticket or booking of the Passenger or to carry the Passenger for a portion only of any booked flight. The Company shall not under any circumstances be under any liability to the Passenger for failure to carry him/her at the booked or scheduled time, or at all. While the Company will endeavour to use its best efforts to carry the passenger and baggage with reasonable dispatch, times of arrival and departure are not guaranteed. The Company assumes no responsibility for making connections between or with the flights it offers, the flights of other airlines or any other form of transport.
If, in the opinion of the Company, an aircraft cannot safely land at an airport, the Passenger may be landed at an alternative airport and will be entitled to be returned to the airport of original destination by such means of transport as the Company, in its absolute discretion, may determine. The Passenger must bear his/her own expenses while waiting for his/her return to the airport of original destination and the Company shall not be liable for any consequential loss, damage or expenses of any kind whatsoever arising from such carriage or delay.
In the event the Company changes the flight schedule of the Passenger or cancels the flight booked by a Passenger, the Passenger may decide to cancel the ticket and obtain a full refund from the Company. If the Passenger decides to do so, the request for the refund must be made within 14 days from the date the flight schedule was changed or the flight was cancelled.
The Company is not a common carrier, and reserves the right to refuse to carry the Passenger, or any of the Passenger's baggage or goods without giving any reason.
The Passenger shall comply with the Law and with the Ticket Terms and shall be responsible for any damage or loss occasioned by his/her failure to do so. The Passenger shall not take into the aircraft or include in his/her baggage or goods any easily ignitable article or offensive thing likely to cause inconvenience to Passengers or any thing likely to endanger aircraft, passengers or goods. The Passenger must allow reasonable searches of his/her person and baggage. The Passenger shall not, while on board the aircraft, consume any intoxicating beverage unless it has been sold or otherwise supplied to him/her on board the aircraft by the Company. While on board the Passenger must submit to all lawful instructions of the cabin crew.
The Passenger may be denied boarding or be required to leave the aircraft or other means of transport, and may if necessary be physically removed or restrained if, in the opinion of the Company, the Passenger is:
in breach of the Ticket Terms;
a threat to aviation security or has made threats to aviation security;
under the influence of drugs or alcohol; and
behaving in a disruptive or disorderly manner.
if it is necessary for the safety or comfort of other persons or for the protection of property.
Threats to Aviation Security as defined in the Aviation Transport Security Regulations 9.01 2005, including "inappropriate comments" regarding weapons or explosive devices will result in cancellation of the ticket as well as mandatory reporting to both Federal and State law enforcement agencies.
In the case where the Passenger has a medical condition which may require special care and or attention, including but not limited to allergies to certain food items, the Passenger must be aware that the Company is unable to change any of its flight procedures (including but not limited to safety procedures), conditions, service, food items or otherwise and if the Passenger still decides to take the flight with the Company, it will be at the sole risk and responsibility of the Passenger and/or the person who makes the booking for the Passenger. The Passenger, by taking the flight, and or, the person who makes the booking on behalf of the Passenger, by so doing, is deemed to have given the Company the following confirmation, undertaking and indemnity:
I confirm that I have full authority to give the Company this confirmation, undertaking and indemnity.
I confirm that I am aware that the Company is unable to change any of its flight procedures (including but not limited to safety procedures), conditions, service, food items or otherwise and the flight is at the sole risk and responsibility of the Passenger and/or, in the case of the Passenger who is a minor, the parent, guardian and the person who books the flight for the Passenger.
I confirm that the Passenger (in the case of an adult) of his/her own free will and being fully aware of the risks involved, has decided to take the flight with the Company and the Passenger will not hold the Company responsible for any thing, food allergy, event, activity or otherwise occurring during the flight which may affect the medical condition of the Passenger.
(In the case of the Passenger who is a minor and the booking is made on his/her behalf) I confirm that the parent, guardian and I, who are responsible for the care and well-being of the Passenger, of our own free will and being fully aware of the risks involved, have decided to let the Passenger take the flight with the Company and we will not hold the Company responsible for any thing, food allergy, event, activity or otherwise occurring during the flight which may affect the medical condition of the Passenger.
I confirm that if I have a pre-existing medical condition that may be impacted by the flight, I have sought medical advice before taking the flight and have completed the Rex Medical Certificate of Fitness to Fly.
I confirm that I or the travelling passenger will have on hand all medication and medical equipment that I or the travelling passenger may require during the flight.
I further confirm that I acknowledge Rex will be unable to provide assistance within the cabin for the administration of medication, consumption of food (except opening packets if required) or toiletry needs apart from assisting passengers to/from the toilet door.
AND I UNDERTAKE TO INDEMNIFY THE COMPANY and hold the Company harmless to the fullest extent permitted under the law against all claims, actions, suits, losses, damages, expenses and costs (including legal costs on an indemnity basis), whether in respect of personal injury, death, damage to property or otherwise, that the Company may suffer or incur in respect of or arising from the Passenger taking the flight under the circumstances of this clause.
Most Special Requirements requests can be made while making your Internet Booking. If not, you can call the Rex Customer Contact Centre at 13 17 13 to register your request. If you are booking through a travel agent, just inform the agent of your needs.
We currently cater for the following Special Requirements:
- Wheelchair dependent passengers
Oxygen and breathing aids
Other medical conditions
Carers and Passenger Facilitators
Carriage of live animals
Baby on Board
Child and adult harnesses
Persons in lawful custody
Special Requirements require careful coordination and you must read carefully the Terms and Conditions for Special Requirements prior to making your request. You are deemed to have accepted our Terms and Conditions for Special Requirements when you make a request for Special Requirements.
The Passenger indemnifies the Company against any action, proceeding, suit, claim or demand made against it in connection with a breach by the Passenger of the Ticket Terms and against liability, loss, damage, cost or expense suffered by the Company as a consequence.
Any money received for the Ticket by any agent issuing it is held on trust for the Company. The Company may arrange with any other person to undertake the carriage contracted under the Ticket Terms, or services ancillary to it (including the transportation of the Passenger and his/her baggage to or from any airport or taking off or landing place) or any part of them.
The travel must be completed within 12 months of date of issue of the Ticket and is not be transferable to any other person. The Company has no obligation to provide transport or services if the Ticket is not presented, is lost or stolen.
The Ticket is valid only for transport or services specified. Any alterations to the services specified will be strictly subject to the Fare Rules governing the category of ticket issued and in some instances the ticket may become valueless and not refundable.
The Ticket Terms may not be waived or modified by any person.
If any of these term fails to have all, some or any effect, or causes any other of these Ticket Terms to fail it shall be read down or severed to the extent required to preserve the rest of these Ticket Terms.
Wherever the Ticket is issued the Ticket Terms shall be governed by and construed in accordance with the Laws in force in New South Wales.
The following definitions apply unless the context requires otherwise:
"Carriage" is equivalent to "transportation".
"Company" means Regional Express Pty Limited (ACN 101 325 642) and includes its officers, servants, agents, employees and, where applicable, any person with whom the Company has arranged to undertake the carriage or ancillary services or its officers. The agents of the Company shall include Regional Express Holdings Limited (ACN 099 547 270) and any other entity trading as Regional Express or Rex which shall be entitled to the benefit of these conditions;
"Customer Receipt" mean the document issued confirming receipt of payment and details of carriage;
"Fare Rules" means the rules as may be imposed by the Company from time to time governing the use of the Ticket according to the category of Ticket purchased. The Fare Rules are provided to the Purchaser at the time of booking and are always available on the Company's website www.rex.com.au
"Ticket "means the e-ticket issued to the Passenger and to which this document relates or with which this document is enclosed and any baggage check related to it';
"Ticket Terms" means these conditions of contract and terms of carriage and the transport and services provided pursuant to them and any supplementary terms set out in timetables, notices on display, boarding pass, advertised fare conditions and supplementary written or oral instructions of the Company and any other terms howsoever made applicable;
"Law" means each statute, ordinance, code, or other law from time to time, applicable to the Company, its operations and this Ticket, including the Warsaw Convention, the Montreal Convention and any international convention or protocol and all regulations, orders, instructions and instruments made under any of them;
"Passenger" means to whom the Ticket was issued or the person or persons nominated on a Ticket as being the passenger using the transport or services specified on the said Ticket (as the context requires);
"Person" includes a firm, body corporate, an unincorporated association or an authority.
"Purchaser" means the purchaser of a Ticket;