Carriage on flights under designation ZL is sold by Rex Airlines Pty Ltd (Administrators Appointed) (ACN 642 400 048) and operated by Regional Express Pty Limited (Administrators Appointed) (ACN 101 325 642 collectively referred to as Rex Airlines (the Company). Carriage on aircraft provided by other carriers or third parties will be subject to the terms and conditions of those parties, and Rex Airlines acts only as an agent in arranging such services. Any reference to Rex in this document is a reference to either Regional Express Pty Limited (Administrators Appointed) or Rex Airlines Pty Ltd (Administrators Appointed), as applicable in the context.
1. CARRIAGE
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 Rex Airlines and the issue of any ticket or other documents in respect of carriage is on behalf of Rex Airlines.
2. LIMITATION OF LIABILITY
The Company's liability in respect of loss or damage to baggage and personal injury or death is limited to the circumstances and amounts as laid down in the applicable Law. Specifically, it is 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:
Subject to the Civil Aviation (Carrier’s Liability) Act 1959 (Cth), the Competition and Consumer Act 2010 (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 which cannot be excluded, to the extent permitted by Law the Company’s liability under 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 supply.
Subject to any overriding Laws, the maximum liability of the Company to the Passenger on Australian domestic flights is limited by State and Commonwealth legislation and by the Ticket Terms to the following amounts:
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 checked baggage, whether or not the Company has knowledge of such items. Such personal valuable items should be carried on the Passenger's person or in carry-on baggage under their care.
Claims for baggage damaged or lost due to negligence on the part of Rex must be filed and reported in writing within 3 days of the flight’s 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 Airlines. The damaged baggage must be sighted with the applicable thermal baggage tag still attached to it. This must be the same tag attached by a Rex Staff member at the point of origin. 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 (the passenger is responsible for taking such measures), 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 the manufacturer’s specifications are unavailable, the weight limit applied will be 25kg. The damage claim will not be approved if the damage was not due to negligence by Rex. Rex recommends that passengers acquire appropriate cancellation and luggage insurance to cover travel-related risks and eventualities.
Time limit for action: Any action in court to claim damages must be brought within 2 years from the arrival date of the aircraft, or from the date on which the aircraft ought to have arrived.
3. FORCE MAJEURE
To the fullest extent allowed under the Law, and except as stated otherwise in these Conditions of Carriage, the Company shall not be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, events beyond its reasonable control, including, without limitation, inclement weather, malfunction or failure of equipment or aircraft, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, government regulations, decisions by airports and civil aviation authorities, nuclear or natural catastrophes, diseases or pandemics, acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services. The Company shall use reasonable efforts which are consistent with accepted practices in the airline industry to resume performance as soon as practicable under the circumstances.
4. CHECK-IN REQUIREMENTS
Every Passenger must be checked-in and ready for boarding by the time fixed by Rex from time to time, and in any case not less than 30 minutes prior to the scheduled departure time for all regional flights excluding Burketown which is 60 minutes. 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 baggage and payment of any additional charges for excess baggage, etc.
For the safety and health of all Passengers and crew, the Company has absolute discretion to assess and determine if a Passenger is fit to travel and to this end, the Company will be entitled to take reasonable measures to make this determination, including taking the temperature of the Passenger before boarding, requesting to sight medical certificates, and mandating the wearing of face masks. A Passenger who fails to check-in or present themselves 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 Ticket under the booking being cancelled. Any of the following events will result in a cancellation:
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.
5. SAFETY REQUIREMENTS
It is against the Law to bring onto the aircraft, whether as carry-on baggage or checked baggage, restricted items as defined by the Civil Aviation Safety Authority (CASA). 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
The list of prohibited items is listed on the Dangerous Goods section of our website (rex.com.au/FlightInfo/DangerousGoods.aspx). We recommend passengers also consult the CASA website:https://dangerousgoodsapp.casa.gov.au/
Also listed on the webpage are items permitted to be brought on board in prescribed quantities or under certain packaging. The list of prohibited and permitted items is updated frequently due to regulatory changes and we strongly advise you to consult this list before you fly.
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.
6. CHECKED BAGGAGE ALLOWANCE
Each Passenger occupying a paid seat is entitled to a free checked baggage allowance of 15 kg for Community, Promo and Saver fares and 23kg for Flex fares.
Total linear dimensions (i.e. depth plus height plus length) of each item must not exceed 140cm (55in).
Infants not occupying a seat are entitled to a baggage allowance of 2 pieces up to 10kg. This can include up to two checked bags, a pram/stroller, portable cot, baby capsule or car seat. The total combined weight of the 2 pieces must not exceed 10kg.
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 flight as the Passenger. The Company also reserves the right to offload baggage within the checked baggage allowance in instances where the aircraft is restricted with regard to the amount of baggage it can carry. All baggage, including excess baggage, is only carried to the airport specified on the Company's baggage tag. For excess baggage, it may happen that the bags are delivered on a different flight due to weight/space constraints. The Passenger is responsible for the collection of baggage at the destination airport and any related delivery expenses in such circumstances.
On regional services, Priority Baggage is available for purchase at the prevailing rate. This guarantees priority uplift of the passenger’s baggage on the flight they travel on. For Priority Baggage terms and conditions, visit our website.
Rex also provides a Safe Hand Baggage (for regional travel only) service at check-in for the prevailing rate. With this option, passengers are permitted to be in possession of their checked baggage (or a portion thereof) between check-in and boarding. Safe Hand Baggage is not permitted inside the cabin. Safe Hand Baggage is subject to excess baggage charges. 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 work health and 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 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 checked baggage is outlined in Clause 2 above.
Checked 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 checked 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 checked or carry-on baggage. If such baggage is not claimed within 30 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. 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 on flights operated by the Saab 340, except when travelling to/from Adelaide, Townsville, Brisbane, Perth or Cairns airport as animals are not permitted inside these airport terminals. For these airports, animals must be lodged through an accepted freight agent. Please refer to the Special Requirements Terms and Conditions for Carriage of Live Animals and the Conditions of Carriage for Cargo.
7. CARRY-ON BAGGAGE RULES
Each passenger occupying a paid seat is entitled to carry-on baggage. Carry-on baggage should not exceed the carry-on baggage allowance as governed by the fare purchased which is 7 kg for all passengers on regional routes.
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 checked baggage in accordance with the checked baggage allowance.
Where the airline has permitted a personal item as part of carry-on baggage, an item listed below may be carried by the Passenger as part of their allowance, subject to the permitted weight and dimensions:
An item listed below may be carried by the Passenger over and above their free carry-on baggage allowance:
Some bulky musical instruments like guitars and cellos are allowed to be carried on board if an extra seat is purchased for it via the Customer Contact Centre to ensure proper stowage. (Please refer to the Special Requirements Terms and Conditions.)
Please note that wheelchairs and infants' carry baskets 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 checked 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 on board to avoid possible damage. The Passenger is not permitted to carry any sharp objects in carry-on baggage or Safe Hand Baggage such as nail files, scissors, letter openers, pocket knives, etc. Such items must be placed in checked 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 checked baggage.
8. GOVERNMENT AND OTHER TAXES AND CHARGES
Your Ticket includes third party taxes and charges such as airport head tax, security screening charges etc. which we collect as part of the all-inclusive Ticket. This will be paid on your behalf to the third parties when travel has taken place. The amount varies due to differences in third 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 feedback form on the Rex website to claim this refund.
In line with industry practice, there is a booking/handling fee and a payment method surcharge for bookings to cover the costs of providing the service as well as the charges imposed by the merchant. This surcharge depends on the booking and payment method used. Please see the Surcharge table for amounts.
9. SMOKING
In accordance with Civil Aviation Regulations, smoking and the use of electronic cigarettes is not permitted at any time on Australian regional flights and in Australian airport terminals.
10. IN-FLIGHT WELL-BEING
To ensure the Passenger's well-being in-flight, we recommend:
Our flight attendants are not allowed to administer any medication, assist in feeding or assist in the toilet. Passengers who require such assistance must travel with a personal carer.
11. FLIGHT SCHEDULES
The Company reserves the right without notice to substitute any aircraft or other means of transport either before the departure of the flight or at any intermediate airport, to alter or omit any advertised stopping place and to despatch the aircraft before or alter the date or hours advertised or announced for its departure. The 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. To the extent permitted by law, the Company shall not under any circumstances be under any liability to the Passenger for failure to carry them 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 within a reasonable timeframe, 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 nor will it be responsible for any accommodation arrangements or payments.
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 or sent to the destination airport by such means of transport as the Company, in its absolute discretion, may determine. The Passenger must bear their own expenses while waiting for the 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 by filling out the Rex Feedback Form or by calling the Customer Contact Centre on 13 17 13. For more information regarding your consumer rights, please visit our Consumer Guarantees Page.
Passengers are responsible for ensuring that their connecting flights are in accordance with the recommended Minimum Connection Times.
These Minimum Connection Times are general advice and are in accordance with industry recommendations for the least amount of time required to make connecting flights. They do not take into consideration flight disruptions. Rex does not guarantee flight connections nor is Rex liable for consequential expenses resulting from a missed connection. Travel Insurance is strongly recommended.
12. PASSENGER CONDUCT
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 explanation. Exceptionally disruptive passengers may be placed on a No-Fly list and banned from flying on Rex Airlines for a specified amount of time as communicated to them.
The Passenger shall comply with the Law and with the Ticket Terms and shall be responsible for any damage or loss occasioned by their failure to do so. The Passenger shall not take into the aircraft or include in their baggage or goods any non-permitted items or any other items that are likely to cause inconvenience or offence to other Passengers or anything likely to endanger the aircraft, passengers or goods. The Passenger must allow reasonable searches of their person and baggage. The Passenger shall not, while on board the aircraft, consume any intoxicating beverage unless it has been sold or otherwise supplied on board the aircraft by the Company.
While on board the Passenger must submit to all lawful instructions of the cabin crew and failure to do so could be a Federal offence under law.
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:
Threats to Aviation Security as defined in regulation 09.01 of the Aviation Transport Security Regulations, 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.
13. MEDICAL CONDITION AND OR ALLERGIES
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 even though such medical conditions have been reported to the Company. 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:
14. PASSENGERS WITH SPECIAL REQUIREMENTS (SSR)
Most Special Requirement requests (also called SSRs) can be made while making your Internet Booking. If not, you must call the Rex Customer Contact Centre at 13 17 13 to register your request. If you are booking through a travel agent, you must inform the agent of your needs.
We currently cater (some with fee attached) for the following Special Requirements:
Special Requirements require careful coordination and you must read carefully the Special Requirements Terms and Conditions prior to making your request. You are deemed to have accepted our Special Requirements Terms and Conditions when you make a request for Special Requirements.
15. THIRD PARTY BOOKING
Any ticket not booked directly either at the Company website or through the Customer Service Centre (booked with a Travel Agent (Third Party) for example) will not confer any contractual rights to the Passenger vis-à-vis the Company. The passenger must address all claims for refunds, reimbursement and redress to the Third Party and the Company will not entertain any such claims besides advising the complainant to the Third Party.
The Company will respond to the representations of the Third Party that made the booking on your behalf and will accord all the privileges allowed under the Fare Rule and Conditions of Carriage for the booking.
16. OTHERS
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 their 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 unless permitted under the Fare Rules. 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 Terms 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.
Definitions :
The following definitions apply unless the context requires otherwise:
R.O.261/100924