Conditions of Carriage

These conditions, together with the documents referred to in Article 3.2, form a contract between you and V Australia in relation to Your travel on V Australia Services, subject to the limitations described in Article 4 (Code-Share Services).

1. What These Conditions Do

These conditions deal with very important issues, including:

• When and how these conditions apply
• Fares and tariffs
• Guests who need special assistance
• Important information for your health and safety
• Refusal of carriage
• Schedules and disruptions
• Our liability to You (including limits of liability)

Please read these conditions carefully, and visit the V Australia website, or contact the V Australia Guest Contact Centre, if you have any questions.

 

2. How and when these Conditions apply

2.1 General . These Conditions apply whenever You travel on a V Australia scheduled air travel service and the “VA” Airline Designator Code is shown in the “carrier” box of Your ticket. These conditions only apply to charter operations to the extent that they are incorporated by reference into the terms of the charter.

2.2 Basis of carriage . Your travel with V Australia is subject to the following documents, enactments and instruments: (a) the Conditions of Contract; (b) these Conditions of Carriage; (c) the Conventions; (d) any applicable Laws; (e) the Policies; and (f) any written or oral directions given to You by V Australia Staff.

2.3 Interaction with Laws, Tariffs, Conventions . These Conditions: (a) Will apply to the extent permitted by any Laws, and if any provision of these Conditions is void, illegal, invalid or unenforceable, these Conditions will be read down to the extent necessary to ensure they are not void, illegal, invalid or unenforceable; and (b) Prevail unless inconsistent with any applicable Laws, Conventions or Tariffs, in which case the Laws, Conventions or Tariffs will apply to the extent of the inconsistency.

2.4 Variation and waiver . No employee, contractor, Authorised Agent or other person is authorised to vary these Conditions. However, duly authorised employees and contractors of V Australia may in certain circumstances waive Fare rules or amounts payable. A waiver on one occasion does not constitute a waiver on any other occasion.

2.5 Other transportation or services . These Conditions do not apply to any non-air transportation or other services V Australia arranges for you (for example, bus transfers and hotel accommodation). V Australia arranges these services for you as your agent and your contract is with the provider of the transportation or services. If you require further information about the terms of the contract, please contact V Australia.

3. Code Share Services

3.1 What this means. A Code Share Service is a service with a V Australia flight number, which is sold by V Australia but operated by another carrier. V Australia will notify you if a service is a Code Share Service (for example, by saying “Operated by Virgin Blue” on our website or on your Itinerary). At times you may also travel on services which are sold to you by V Australia but which are operated by other carriers under those carriers’ flight numbers and Airline Designator Codes. If V Australia issues you a Ticket for carriage on another carrier’s flight and Airline Designator Code, V Australia does so only as agent for that carrier, and that carrier’s conditions of carriage will apply.

3.2 Code Share Services covered by Conditions. These Conditions apply to Code Share Services. The operating carrier of each Code Share Service is V Australia’s agent for the purpose of exercising V Australia’s rights under these Conditions if it is not possible for V Australia to exercise its rights directly.

3.3 Availability of all services and facilities. Code Share Services are operated by different carriers and different types of aircraft (for example, single-aisle jets). Accordingly, not all services and facilities offered by V Australia on its own aircraft (such as cabin classes, in-flight entertainment and services for passengers with special needs) will be available on all Code Share Services. In addition, while your Baggage Allowance will be the same on Code Share Services, different or additional rules may apply to cabin baggage, excess baggage and oversized baggage. Please refer to V Australia’s website or Guest Contact Centre for further information.

4. Getting ready to fly

4.1 Passports, visas and authorisations. It is your responsibility to comply with all laws, regulations and orders of your chosen destinations. For more information, please ask an Authorised Agent or consult with the government which issued your passport, and consider the following:

(a) Make sure you have a valid passport. If your passport expires in 12 months or less, you may want to check whether this is sufficient for your chosen destinations and time away;
(b) Check with the government which issued your passport, and the consulates of your chosen destinations, to see whether you need a visa or other travel document, or other information such as vaccination records; and (c) Find out about any dangers to your health and safety at your chosen destinations.

The above list is given as a guide only. It remains your responsibility to ensure that you have all required authorisations and documentation for your travel. Any assistance which V Australia provides you in this area does not release you from your obligation.

4.2 Finding out about where you’re going. It’s a good idea to check relevant government websites to find out about any dangers and risks to your health and safety at your chosen destination. You can do this by checking with government agencies like the Australian Department of Foreign Affairs and Trade, the US Bureau of Consular Affairs or the New Zealand Ministry of Foreign Affairs and Trade.

4.3 Your health. The health and safety of all of V Australia’s Guests is paramount. That’s why it is important for you to be aware of health and safety issues which are relevant to you, and to tell V Australia about any health issues which affect your safety or the health and safety of others. If you are in any doubt, you should consult your doctor and then talk to your Authorised Agent or the V Australia Guest Contact Centre.

(a) Risks inherent to being seated for extended periods of time. By its very nature, long-haul air travel involves extended periods of sitting. This may be a risk factor for some people forming blood clots in the legs, known as Deep Vein Thrombosis (DVT). You should discuss with your doctor whether you are at risk of suffering DVT, and if so, what preventative measures you should take.
(b) Medical Clearance. If you have a medical condition that falls within our Medical Clearance Guidelines, V Australia may require you to provide a Medical Information Form signed by a qualified medical practitioner. If you do not provide a Medical Information Form satisfactory to V Australia, we may refuse to carry you on our flights. The Medical Clearance Guidelines can be accessed by contacting the V Australia Guest Contact Centre.

4.4 Travel insurance. It can be expensive if something happens to you when you are overseas. V Australia strongly recommends that you purchase travel insurance for your journey.

5. Reservations and seat allocation

5.1 What is a Reservation? A Reservation is a booking on a V Australia flight, and is confirmed only when recorded and accepted by V Australia. An open-dated ticket is not a reservation.

5.2 How to make a Reservation. You can make a Reservation with V Australia by booking with V Australia or an Authorised Agent.

5.3 What happens next? Once you have a Reservation, you will also have to pay the Fare for the Reservation within the Ticketing Time Limit. Make sure you clearly understand the Ticketing Time Limit when V Australia or the Authorised Agent advise you of it. If you do not pay for your Reservation by the Ticketing Time Limit, V Australia may cancel your Reservation. If you pay for your Reservation within the Ticketing Time Limit, you will be issued with a Ticket (see Article 7) by V Australia or your Authorised Agent.

5.4 If you don’t use a Reservation. Depending on the Fare Rules which apply to your Reservation, if you do not use the Reservation, V Australia may require you to pay a reasonable service charge in relation to your Reservation, and may also cancel any onward or return Reservations.

5.5 Seat allocation. Some V Australia Fare classes and cabin classes may allow you to request a preferred seat and/or cabin area.  You may also have requested  to be placed in a certain seat and/or cabin area during the booking process, through an agent or through the Guest Contact Centre. V Australia will endeavour to accommodate your seat request. However, V Australia does not guarantee you any particular seat, even if you have nominated a seating preference. V Australia may change your seat at any time, even after you have boarded the aircraft. This may be necessary for safety or operational reasons.

5.6 Collection of personal information. When you make a Reservation with V Australia, we must collect certain personal information in order to process your Reservation, and to comply with V Australia’s legal obligations. V Australia’s privacy policy applies to all of the information we collect. You can see V Australia’s privacy policy here or contact the V Australia Guest Contact Centre for more information.

6. Tickets, Fares and Tariffs

6.1 Issuing a Ticket. If you have a Reservation and you pay for it within the Ticketing Time Limit, either V Australia or an Authorised Agent will issue you with a Ticket. A Ticket can be an Electronic Ticket or a Paper Ticket. A Ticket may also be issued by another airline, but with Flight Coupons or Electronic Coupons which entitle you to travel on V Australia Services.

6.2 Importance of Ticket. Your Ticket is your primary evidence of your contract with V Australia, and it is therefore a valuable document. You should safeguard it accordingly. If your ticket was issued by V Australia or an Authorised Agent, it remains the property of V Australia. If it was issued by another airline, it remains the property of that airline.

6.3 Lost, stolen or damaged Paper Tickets. If you lose or damage your Paper Ticket, or your Paper Ticket is stolen, V Australia will replace your Paper Ticket with a new Paper Ticket, but only if you notify V Australia promptly, ask V Australia to issue a new Ticket, V Australia or an Authorised Agent issued the original Ticket, you prove that your original Ticket was valid and was issued to you, and you comply with V Australia’s reasonable ticket re-issuing policies (for example, by signing an agreement to indemnify V Australia for misuse of the Ticket). V Australia may charge a reasonable ticket re-issue fee.

6.4 Rules about Tickets. Tickets are not transferable, and you must not sell or transfer them to anyone else. V Australia will not honour a Ticket which has been transferred or sold, or Tickets which are used by a person other than the person to whom the ticket was issued. You will not be entitled to be carried if your Ticket is mutilated or if it has been altered otherwise than by V Australia or an Authorised Agent. If you have been issued with an Electronic Ticket, you will not be entitled to be carried on a flight unless you provide positive identification and a valid Electronic Ticket has been duly issued in your name.

6.5 Using Tickets – Coupon sequence. You must use the Flight Coupons or Electronic Coupons in your Ticket in the sequence they appear on your Ticket, and you must commence your journey with the first coupon. If you do not, your Ticket may be invalid, and V Australia reserves the right to refuse to carry you, and to cancel the Ticket.

6.6 Ticket validity, and extension of validity. Unless your Ticket, Itinerary, Fare Rules or applicable Tariffs state otherwise, the following rules apply to the validity of your Ticket: (a) A Ticket for International Travel is valid for one year from the date of commencement of travel, or if the Ticket is not used, one year from the date of the issue of the Ticket. (b) A Ticket for Domestic Travel is valid for one year from the date of the issue of the Ticket. (c) V Australia may in its absolute discretion extend the validity of your ticket if your travel is disrupted by an Event Beyond Our Control.

6.7 Insurance. V Australia strongly recommends you purchase insurance to cover against any losses you might occur if for any reason you are unable to travel with V Australia on your planned travel date.

6.8 Changes. Any changes to your Ticket, Coupons or Itinerary must be made by V Australia or an Authorised Agent, and must be in accordance with the Fare Rules.

6.9 Fares. V Australia sets various Fares for the various cabin classes available on its services. The Fares are set in V Australia’s absolute discretion, and provide the inclusions and exclusions set out in detail in the Fare Rules. In general, Fares cover the transport of you and your Baggage Allowance from the origin specified in your Ticket to the destination specified in your Ticket. The Fares do not cover your transport to or from the airport or between airports or other places.

6.10 Which Fare applies? V Australia will calculate your exact Fare when you pay for your Reservation. V Australia reserves the right to change Fares (for example, by changing taxes or surcharges) before you pay for your Reservation.

6.11 Fare Rules. V Australia has various Fare Rules which apply to its Fares, and these rules influence both the price and the flexibility of the relevant Fares. V Australia or your Authorised Agent will tell you about the Fare Rules which apply to your Reservation, and you can find out more about the Fare Rules on the V Australia Website. Some Fare Rules relate to non-refundable or very restricted Fares, and you should carefully consider these rules, your needs and your insurance cover, before you pay for your Reservation.

6.12 Taxes and charges. You are responsible for applicable taxes or charges imposed by government, other authority or by the operator of an airport that are in effect on the date of travel.

7. Refunds

7.1 According to Fare Rules. Depending on the Fare Rules, you might be entitled to a refund on part or all of your Ticket. If you are entitled to a refund, V Australia will refund the fare you paid for any unused, refund-eligible part of your Ticket, together with any taxes, levies and surcharges which applied to those parts of your Ticket, subject to the Refund Rules listed in Article 7.3, below. The amount of the refund will be calculated as follows:

(a) if no portion of the Ticket has been used, an amount equal to the fare paid (including any applicable taxes, levies and surcharges), less any applicable service charges or cancellation fees; and
(b) if a portion of the Ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, (considered on a one-way basis where appropriate, and including any applicable taxes, levies and surcharges) less any applicable service charges or cancellation fees.

7.2 Refusing refund. Even if Articles 7.1 to 7.3 apply, V Australia may still refuse to give you a refund if:

(a) You apply for a refund after the expiry of the validity period of the Ticket (see Article 6.6);
(b) Your Ticket has been held by government officials as evidence of an offence against the Laws of any country; or
(c) V Australia, acting reasonably, decides that your application for a refund represents an abuse of the Fare Rules or represents an attempt to unconscionably obtain an advantage.

7.3 Refund Rules. The following rules apply to all refunds:

(a) If the Ticket is a Paper Ticket, V Australia will only provide a refund on surrender of the Paper Ticket (including all unused Flight Coupons) to V Australia;
(b) V Australia will, in its absolute discretion, provide the refund either to the person named in the Ticket or to the person who has paid for the Ticket, once V Australia receives satisfactory evidence of payment for the Ticket by that person;
(c) V Australia reserves the right to provide the refund in the currency of the original booking, or in Australian Dollars, at V Australia’s discretion; and
(d) The refund provided under Article 7.3(c) will be in full and final satisfaction of any claim for refund by the person who paid for the Ticket or the person named on the Ticket.
(e) Some taxes and charges which are included in your Ticket may be refundable even if your airfare is not. V Australia will refund any taxes and charges which you have paid on parts of your Ticket which you have not used, if those taxes and charges are refundable, and provided V Australia has not already provided the taxes and charges to the authority which levied them.

V Australia reserves the right to charge you a reasonable administration fee, and if the administration fee exceeds the amount of the refundable taxes and charges, V Australia will not pay you a refund.

8. Guests who require special assistance or special meals

8.1 Special assistance. If you require special assistance (for example, due to illness, incapacitation, limited mobility, or travelling as an unaccompanied minor), V Australia will not refuse to carry you provided that: 

• you have fully informed us of any special requirements at the time of making a Reservation;
• you have complied with any reasonable requests we may have (including complying with our Policies); and
• we (and the operator of any relevant Code Share Services) have agreed to provide the special assistance. Please visit the V Australia website, or contact the V Australia Guest Contact Centre, for more information.

8.2 Special meals. If you request a special meal when you make your Reservation, we will try to ensure it is available on your selected flight. However, we will not be liable to you for any loss, expense, or other damage should we, for any reason, be unable to provide your requested special meal.

9. At the airport

9.1 Check-in. You must arrive at the airport early enough to allow you to complete check-in procedures before the check-in deadline (see 9.2), and you must bring with you a valid passport, your Paper Ticket (or your Itinerary if you have been issued with an Electronic Ticket), and all necessary travel documentation for your Destination and your Stopovers. You must present all of these documents to V Australia Staff if you are asked to do so. You must keep any material V Australia gives you at check-in (such as a boarding pass and a baggage check document) until you complete your travel with V Australia.

9.2 Check-in deadline. You will be advised of the check-in deadline for your flights in your Itinerary and/or by your Authorised Agent. However, flight times may change, and different airports may have different check-in deadlines, so you must also make sure you are aware of the check-in deadline for all of the flights shown on your Ticket.

9.3 Arriving at the boarding gate. You must complete all departure formalities (such as clearing Immigration) in time to arrive at the boarding gate no later than the time specified to you at check-in and displayed on the flight information displays at the airport.

9.4 If you are late or you do not comply with check-in rules. If you are late or you do not comply with the check-in rules described in this Article 9, V Australia reserves the right to cancel your Reservation, refuse to carry you, and to charge you a reasonable service fee.

9.5 Presentation of travel documents. If V Australia asks you to do so, you must present travel documents for the Destinations and Stopovers listed on your Ticket, and you must permit V Australia to make copies of them for security and procedural requirements, and as required by any Laws.

10. Refusal of carriage

10.1 General. V Australia strives to ensure an enjoyable, safe and secure travel experience for all of its Guests. Accordingly, V Australia, acting reasonably, may take all steps it believes necessary to ensure the safety and security of its Guests, and this includes refusing carriage to you and other Guests in some circumstances. In addition, V Australia may refuse carriage due to the practice of overbooking.

10.2 Refusal of carriage due to conduct. V Australia may refuse to carry you or your baggage if V Australia, acting reasonably, establishes that:

(a) Refusal of carriage is necessary to ensure the safety of you or others;
(b) Carrying you on the flight may materially affect the comfort of any person on the flight;
(c) Refusal of carriage is necessary to comply with Laws (including Laws of countries you are being flown from, to or over);
(d) You have failed to comply with our check-in requirements, including minimum check-in times;
(e) You failed to arrive at the boarding gate by the time listed on your boarding pass or shown on the flight information screens at the airport;
(f) You require special assistance, but have not contacted us to make prior arrangements, or have provided us with inaccurate or incomplete information in relation to your requirements (V Australia will rely on this right only to the extent permitted by applicable Law);
(g) You require, but have not provided a satisfactory medical certificate in accordance with V Australia’s Medical Clearance Guidelines;
(h) You have refused to submit to a security check for you or your Baggage;
(i) You have failed to comply with V Australia’s reasonable directions (including the directions of V Australia Crew and V Australia Staff);
(j) You have failed to comply with any Laws, associated rules or regulations, or these Conditions of Carriage;
(k) You have not paid the Fare or any applicable taxes or charges, your Ticket has been reported lost or stolen, has been dealt with by you in a way which contravenes these Conditions of Carriage (eg transferred) or has otherwise been acquired unlawfully;
(l) You do not have, or do not appear to have, valid travel documents for your country of origin or destination, or you destroy your travel documents en-route;
(m) You cannot prove you are the person listed on your Ticket;
(n) You are, or appear to be, drunk or otherwise under the influence of drugs or alcohol;
(o) You are, or are suspected to be, unlawfully in possession of drugs, or in possession of illicit drugs;
(p) Your mental or physical state is threatening or a danger to V Australia’s staff or guests, or is otherwise unpleasant (for example, due to an offensive odour, provided that this is not solely the result of a genuine disability);
(q) You have used threatening, abusive or insulting words or actions towards V Australia Staff, V Australia Crew, other Guests or other persons at the airport;
(r) You have committed any offence in relation to your carriage, including an offence during the check-in process or on board the aircraft;
(s) You have tampered in any way with the aircraft or ground equipment, made a threat, or in any way put the safety of the aircraft in danger;
(t) You have failed to comply with your obligations in Article 12 (and in particular, you have done any of the things listed in Article 12.3);
(u) You have done any of the things listed in paragraphs (h) to (t) (above) on a previous flight (whether that flight was operated by V Australia or another carrier) and V Australia has reason to believe that you may do the same thing again.

10.3 If you are refused carriage due to your conduct. If you are refused carriage as a result of one or more of the matters referred to in 10.2, V Australia will provide you with a written notice of refusal of carriage. The notice may specify that you are refused carriage only for your ticketed flight, or it may specify a period of time during which V Australia will not carry you. You must not travel or attempt to travel with V Australia when the notice is in force. V Australia reserves the right to cancel any Ticket you attempt to use to travel on V Australia when the notice is in force, and to refuse to provide you with a refund.

10.4 Refusal of carriage due to overbooking. Like most airlines, V Australia overbooks flights in order to account for guests who do not arrive for their ticketed flight. If you are refused carriage because your flight has been overbooked, and you hold a valid Ticket and have complied with V Australia’s conditions of carriage in relation to reservations, ticketing and check-in, then you may be entitled to compensation.

The compensation payable will:

(a) depend on the difference in time between when you were scheduled to arrive at your destination and when you actually arrive; and
(b) be in accordance with applicable Laws, or otherwise, in accordance with V Australia’s denied boarding compensation guidelines, which are available on request from V Australia’s international airport ticket sales counters.

11. Schedules and disruptions

11.1 General principles. V Australia will try to ensure that you and your Baggage depart and arrive as closely as possible to V Australia’s scheduled departure and arrival times, as in force on your date of travel. However, V Australia does not guarantee flight times or schedules, and they do not form part of your contract of carriage.

11.2 Schedules and changes. When you make a Reservation, V Australia or an Authorised Agent will tell you the scheduled time of your flights. These times will also be noted on your Itinerary and may be noted on your Ticket. If V Australia changes the time of your flight, V Australia will make reasonable attempts to contact you or your Authorised Agent, using the contact details you have provided us. V Australia does not guarantee that it will contact you, and so you should check prior to your flight to make sure your flight times have not changed.

11.3 Liability for schedule changes. Except as set out in Articles 11.5 and 11.6, and unless the Laws or the Conventions say otherwise, V Australia will not be liable to you for any losses that you incur as a result of schedule changes.

11.4 Disrupted flights. Flights may be delayed or cancelled, or may originate from and be diverted to airports other than those scheduled, due to various factors. What V Australia will do for you if your flight is disrupted will depend on whether the disruption is due to Events Beyond Our Control. See Articles 11.5 and 11.6.

11.5 Disruptions NOT due to Events Beyond Our Control. V Australia will use reasonable endeavours to ensure that you arrive at your scheduled Destination or Stopover as soon as possible. Subject to Laws and the Conventions, if your V Australia flight is cancelled, fails to stop at your scheduled Destination or Stopover causes you to miss a connecting flight which is on your Ticket and on which your Reservation is confirmed, V Australia will:

(a) carry you on V Australia’s next scheduled service on which space is available; or
(b) if (a) is not available within a reasonable period of time (having regard to V Australia’s published schedule) re-route you to the scheduled Destination or Stopover shown on your Ticket, using the services of other carriers (or a combination of V Australia and other carrier services) or by other means of transportation; and
(c) if neither (a) or (b) are available, or if V Australia in its absolute discretion decides that (a) or (b) are unsuitable in the circumstances, V Australia will provide a refund to you in accordance with Article 7. The remedies described above are your only remedies in relation to the matters described in this Article 11, and V Australia will have no further liability to you unless Laws or the Conventions expressly specify otherwise.

11.6 Disruptions due to Events Beyond Our Control. V Australia will try to carry you to your scheduled Destination or Stopover, but does not guarantee that it will be able to do so. V Australia will have no liability to you, and will not be responsible for paying your costs or expenses arising from the delay or disruption, or refunding a non-refundable airfare, unless the Laws or the Conventions expressly specify otherwise.

12. During your flight

12.1 Safety is paramount. V Australia’s first priority is the safety of its Guests, and V Australia will take all reasonable steps to ensure this safety at all times. You have an important role to play in the safety of your flight, both in relation to the things you should do, and the things you should never do. This Article 12 explains these obligations, and the steps V Australia may take to ensure safety.

12.2 Your obligations. Whenever you travel with V Australia, you must:

(a) Respect V Australia Crew and obey their directions. V Australia Crew have been extensively trained to ensure you have a safe and comfortable flight. At all times, you must listen carefully to, and promptly obey any directions given to you by V Australia Crew. This includes any direction to provide your travel documents to V Australia Crew.
(b) Safety briefing. Listen carefully to the pre-flight safety briefing, read the safety card provided to you, identify your nearest exits, and familiarise yourself with the location and operation of safety equipment.
(c) Seatbelt and infant restraints. Wear your seatbelt whenever you are seated – even when you are sleeping. Make sure you know how to operate infant and child restraints, and use them only as directed by V Australia Crew.
(d) Remain seated. Remain in your seat whenever the “Fasten Seatbelt” sign is illuminated, and return to your seat if V Australia Crew tell you to do so.
(e) Stow cabin baggage. Stow your cabin baggage as directed by V Australia Crew.
(f) Use electronic devices only as directed. Use electronic devices, such as personal music players, laptop computers and game devices, only when V Australia Crew members tell you it is safe to do so. Do not use transmitting devices, such as radios and remote-controlled toys, while on board. If you do not comply with these directions, V Australia may take your electronic device from you, and keep it until the end of the flight.
(g) Behave responsibly and respect fellow passengers. You will be sharing your flight with others, so please consider and respect their privacy, peace and personal space. Please make sure you behave in a way which does not disturb or cause offence to your fellow passengers.
(h) Consume alcohol responsibly. V Australia is serious about the responsible service of alcohol. We ask that you drink in moderation, and ensure that you drink plenty of water to keep hydrated. In order to help V Australia serve alcohol responsibly to you, you must only consume alcohol which we supply to you on the flight – not alcohol that you bring on board with you.

12.3 What you must never do. Whenever you travel with V Australia, you must never:

(a) Smoke. All V Australia services are non-smoking, and most Laws prohibit smoking on board aircraft or in and around airport terminals.
(b) Behave in offensive manner. You must not behave in a manner which would be considered by a reasonable person to be offensive, or in a manner which might cause discomfort, distress, offence or injury to another person.
(c) Disobey directions. V Australia Crew will at times ask you to do things (such as returning to your seat when the aircraft encounters turbulence) which are important for your safety and the safety of others. You must never disobey these directions.
(d) Use illicit drugs. You must not use illicit drugs on board V Australia aircraft, or use prescription drugs which you are not medically required to take.
(e) Endanger safety of aircraft, Crew or others. You must never do anything which may endanger the safety of the aircraft on which you are travelling, or the safety of V Australia Crew or your fellow passengers.
(f) Tamper with or damage aircraft or onboard equipment. You must never tamper, interfere with or damage any part of the aircraft or the equipment carried on board.

12.4 What V Australia may do to ensure safety. V Australia reserves the right to take all steps which are reasonably necessary to ensure the safety of a flight and the V Australia Crew and Guests on board that flight. If in the opinion of V Australia Crew you have not complied with your obligations in this Article 12 (and in particular, if you have done any of the things listed in Article 12.3), V Australia may take steps which include any one or more of the following:

(i) Move you to another seat, or another part of the aircraft;
(ii) Restrain you;
(iii) Take any such other action as is reasonably necessary to ensure the safety of the flight, its Guests and V Australia Crew, including the reasonable use of force;
(iv) Remove you from the flight;
(v) Divert the flight and offload you from it;
(vi) Report you to the relevant authorities;
(vii) Refuse carriage for the remaining journeys on your Ticket; and
(viii) Serve you with a notice of refusal of carriage (see Article 10.3)

13. After your flight

13.1 Baggage collection. Make sure you collect your Checked Baggage from the collection point advised to you by V Australia Staff when you arrive at your destination.

13.2 Lost Baggage. If you cannot find your Baggage, please notify V Australia Staff, and provide them with your Ticket and baggage identification tag which was issued to you at check-in.

13.3 Wrong bag. If you collect the wrong bag, you must return it to the airport where you collected it, as soon as you discover the error.

13.4 If you don’t collect your baggage. If you do not collect your Baggage within 30 days after your flight, V Australia will destroy it without notifying you and without paying you any compensation.

13.5 Leaving bags behind. V Australia is not responsible or liable to you for any loss you suffer as a result of leaving behind any Checked Baggage or Carry-on Baggage on board or at the airport.

14. Successive carriers

If your Ticket is for flights operated by V Australia and other carriers, the carriage will be regarded as a single operation under the Convention and under applicable Laws.

15. Arrival formalities and administrative requirements

15.1 Visas and entry documents. You are responsible for ensuring that you obtain (see Article 4.1) and present at your Destination and any Stopover, all required travel documents. V Australia is not responsible or liable to you if you have failed to obtain, or you have lost, these documents.

15.2 Entry rules and requirements. You must also comply with all entry requirements, rules and regulations of your Destination or any Stopover. This includes any immigration, customs and security requirements. V Australia is not responsible or liable to you if you do not comply with these requirements, rules and regulations.

15.3 If you are refused entry or deported. If you are refused permission to enter a country during your journey with V Australia or are deported, then, regardless of the reason for the refusal of entry or deportation:

(a) V Australia will, if required by a governmental authority, transport you from the country that has refused you entry or deported you;
(b) You, however, must pay for any costs associated with the refusal of entry or deportation, including any fines and detention and repatriation costs;
(c) V Australia will not provide you with a refund for your Ticket, and may offset any unused coupons of your Ticket to offset any repatriation costs or fines incurred by V Australia as a result of your refusal of entry or deportation; and
(d) You must reimburse V Australia for any fines, penalties, losses, expenses or damage which V Australia incurs as a result of you being denied entry or deported.

16. Baggage

16.1 Baggage allowance. V Australia will provide you with a free Baggage allowance as part of your Ticket. Your actual allowance will depend on your cabin class of travel and your Fare Rules. This allowance relates both to Checked Baggage and Carry-on Baggage. The basic free Baggage allowances are set out in V Australia’s Conditions of Contract and are also available on the V Australia Website.

16.2 Excess Baggage and oversized Baggage. If you wish to take Baggage with you which is bigger or heavier than your free Baggage allowance, it will be considered excess and/or oversized Baggage, and V Australia may charge you extra for it. In addition, if your Baggage exceeds certain size and weight limitations, it must be sent as freight. For more information, visit V Australia’s website or contact V Australia’s Guest Contact Centre.

16.3 Carrying your Baggage, and right to refuse. (a) Carriage on same flight. While V Australia will use its best endeavours to convey your baggage on the same flight as you, V Australia may for operational reasons (such as aircraft take-off weight restrictions due to adverse weather conditions) carry your baggage on the next available flight. (b) Right to refuse carriage. V Australia may refuse to carry your Baggage (or refuse to continue to carry your Baggage, if a problem is detected after you first check in): (i) if it does not meet the requirements in this Article 16, or the requirements set out in the Conditions of Carriage or the Policies; (ii) if it is not securely packed in suitable materials; (iii) if it may cause discomfort or inconvenience to other Guests (for example, because of any odour it emits); or (iv) for safety or operational reasons.

16.4 Not acceptable as Baggage. You must never include in your Baggage: (a) items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the IATA Dangerous Goods Regulations, and in our regulations. (Further information is available from V Australia on request); (b) items which are prohibited by Law; (c) Items which V Australia in its discretion refuses to take; (d) Items listed in the Baggage section of the Conditions of Carriage.

16.5 Right to search. In addition to any searches required by Law, V Australia reserves the right to search your Baggage at any time to ensure that it meets V Australia’s Baggage requirements, including any requirements set out in the Policies. V Australia may refuse to carry you or your Baggage if you refuse to consent to a search. Your Checked Baggage may be searched in your absence.

16.6 Rules for Checked Baggage. You must comply with the following rules in relation to Checked Baggage:

(a) Not acceptable as Checked Baggage. You must never include in your Checked Baggage any money or similar items like negotiable instruments, valuable items like jewellery, identification papers like passports, important original documents, or other valuable items. V Australia will not be responsible for loss of or damage to such items, whether you take them as Checked Baggage or Carry-on Baggage.
(b) Checked Baggage receipt. You must keep any receipt which V Australia or a Code Share partner gives you for your Checked Baggage. This is an important document which will help you to claim your Baggage at your destination, and to claim any applicable compensation if your Baggage is lost or damaged.
(c) Identification of Baggage. You must ensure that all of your Checked Baggage is marked with your name and address, or some other form of unique identification which will allow V Australia to confirm that the Baggage belongs to you.
(d) Sporting goods. V Australia may classify sporting goods in a different manner from other Checked Baggage. Refer to V Australia’s website or Guest Contact Centre for more information.

16.7 Rules for Carry-on Baggage. You must comply with the following rules in relation to Carry-on Baggage:

(a) Dimension limits. V Australia’s Conditions of Contract set out the allowances for Carry-on Baggage, including dimension and weight limits. If your Carry-on Baggage exceeds these limits, or if V Australia decides that your Carry-on Baggage cannot be safely carried in the cabin of the aircraft, V Australia will carry your Baggage as Checked Baggage, or may refuse to carry it at all if it is an item to which Article 16.4 applies.
(b) Special items. V Australia may accept larger items (such as musical instruments) which would normally not be suitable as Carry-on Baggage, if you make prior arrangements with V Australia. V Australia reserves the right to charge a reasonable additional fee for the carriage of the item as Carry-on Baggage.

16.8 Rules for carriage of animals. V Australia may carry animals if you make prior arrangements with V Australia. V Australia reserves the right to refuse to carry your animal, and to set requirements in relation to crates, feeding, health and vaccinations. For more information please visit V Australia’s website, or Guest Contact Centre. V Australia will carry recognised assistance animals in the cabin of the aircraft, in accordance with V Australia’s Policies.

17. Liability for damage

17.1 Determination of liability. The liability of V Australia and each carrier involved in your journey will be determined by applicable Laws, the applicable Convention and each carrier's Conditions of Carriage.

17.2 Liability rules. Unless this Article 17 says otherwise, international carriage, as defined in the applicable Convention, will be governed by the liability rules of the Convention. Where a Convention does not apply, these Conditions of Carriage and applicable Laws will govern V Australia's liability. V Australia's liability may be limited in respect of death or injury and for loss, damage or destruction of baggage, and for delay.

17.3 Death or Injury of Guests

17.3.1 In the event of death or other bodily injury suffered by a Guest as a result of an accident covered by a Convention:

(a) V Australia will not exclude or limit its liability for damages not exceeding 100,000 SDRs for each Guest. (b) V Australia will not be liable for damages to the extent that they exceed 100,000 SDRs for each guest if V Australia proves that: (i) such damage was not due to the negligence or other wrongful act or omission of V Australia or it servants and agents; or (ii) such damages was solely due to the negligence or other wrongful act or omission of a third party.
(c) V Australia reserves all other defences and limitations available under the applicable Convention to such claims including, but not limited to, the exoneration defence of Article 21 of the Warsaw Convention and Article 20 of the Montreal Convention except that V Australia shall not invoke Articles 20 and 22(1) of the Warsaw Convention and Articles 19 and 22 of the Montreal Convention in a manner inconsistent with the Conditions of Carriage.
(d) V Australia reserves all rights of recourse against any third parties, including without limitation, rights of contribution and indemnity.
(e) Neither the waiver of limits nor the waiver of defences under Paragraphs (a) and (b) respectively, shall be applicable in respect of claims made by public social insurance or similar bodies (except with respect to any such bodies of the United States), however asserted. Such claims shall be subject to the liability limit and defences under the applicable Convention.

17.3.2 In case of bodily injury or death and where a ticket is purchased in the European Community and your travel is from and to a point in the European Community:

(a) Without delay and, in any event, no later than 15 days after the identity of the natural person entitled to compensation has been established, V Australia will make such advance payments as may be required to meet his/her immediate economic needs on a basis proportionate to the hardship suffered.
(b) An advance payment shall not be less than the equivalent of 16,000 SDRs per Guest in the event of the death of a Guest
(c) An advance payment does not mean that V Australia admits liability and it may be offset against any subsequent sums paid on the basis V Australia‘s liability.
(d) An advance payment is not returnable unless:

(i) V Australia proves that the damage was caused or contributed by negligence of the Guest or the person who received the payment, or
(ii) V Australia proves that the person who received the payment was not entitled to compensation.

17.4 Physical condition. V Australia is not responsible for illness, injury or disability, including death, attributable to your physical condition or the aggravation of such condition.

17.5 Baggage

17.5.1. V Australia will be liable only for damage or delay occurring during carriage ticketed on our Airline Designator Code. If V Australia issues a ticket or checks baggage on the flight of another carrier, we only do so as agent for that carrier. Nevertheless, with respect to Checked Baggage, you may also have a right of action against the first or last carrier.

17.5.2 V Australia is not liable for any damage to your Carry-on Baggage unless such damage is caused by our negligence.

17.5.3 V Australia is not liable for any damage caused by your Baggage or their contents. You are responsible for any damage caused by your Baggage to other persons or property, including V Australia’s property.

17.5.4 Except to the extent required by law, V Australia is not liable for damage or delay to items which you are asked not to include in your Checked Baggage. These items include fragile or perishable items, items with a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, bonds or other valuable documents, passports and other identification documents.

17.5.5 Where your travel is International Carriage and a Convention applies, V Australia’s liability for loss of, damage to, or delay in the carriage of your Checked Baggage is limited by the applicable 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. Subject to the foregoing exception, V Australia's liability for loss of, damage to, or delay in the carriage of Baggage is limited by the applicable Convention as follows:

(a) Conventions other than the Montreal Convention – V Australia's liability shall be limited to 17 SDRs (250 French gold francs) for each kilogram of your Checked Baggage affected or 332 SDRs (5,000 French gold francs) for your Carry-on Baggage. If the weight of baggage is not recorded on the baggage check, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free Baggage Allowance for the class of service concerned.

(b) Montreal Convention – V Australia's liability for Checked and Carry-on Baggage shall be limited to 1,000 SDRs (approximately US$1,450) per Guest. In the case of Checked Baggage, V Australia will not be liable to the extent the damage resulted from the inherent defect, quality or vice of the baggage. V Australia will only be liable for Carry-on Baggage if V Australia or its employees or agents were at fault.

(c) The limitations referred in (a) and (b) above do not apply if the Guest has declared a higher value in advance and paid additional charges pursuant to Article 16. In this case, V Australia 's liability shall be limited to the higher declared value.

17.5.6 V Australia is not liable for destruction, loss, damage, or delay of baggage not in the charge of V Australia, including baggage undergoing security inspections or measures not under the control and direction of V Australia.

17.5.7 In the case of Checked or Carry-on Baggage, if there has been contributory negligence on your part, V Australia may be exonerated wholly or partly from liability in accordance with applicable Law.

17.5.8 In case of carriage not subject to a Convention, V Australia's liability for Checked and Carry-on Baggage shall be limited pursuant to the preceding subsection 17.5.4.

17.6 Guest Delay

17.6.1 V Australia shall not be liable for damage occasioned by delay in the carriage of Guests by air if it proves that it and its servants took reasonable measures that could reasonably be required to avoid the damage, or that it was impossible for them to take such measures.

17.6.2 Airport, air traffic, control, security and other facilities or personnel, whether public or private, not under the control and direction of V Australia are not agents or servants of V Australia, and V Australia is not liable to the extent that the delay is caused by these kinds of facilities or personnel.

17.6.3 In case of International Carriage, damages occasioned by delay are subject to the terms, limitations, and defences set forth in the applicable Convention. Such damages are limited to foreseeable compensatory damages sustained by a Guest and do not include mental injury damages. The limitations of liability under the applicable Conventions do not apply if the damage resulted from an act or omission done with intent to cause damage or recklessly or with knowledge that damage would probably result.

17.6.4 In cases where carriage is not covered by a Convention, V Australia's liability for damages resulting from Guest delay is limited to 4,150 SDRs.

17.7 Total liability limit. In no case shall V Australia's liability exceed the actual amount of damages suffered by the Guest. All claims shall be limited to proven direct compensatory damages. V Australia shall not in any circumstance be liable for exemplary, consequential, indirect or special damages.

17.8 Reduction for contribution to damage. Any liability of V Australia for damage may be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable Laws.

17.9 Damage arising by law. V Australia shall not be liable for any Damage directly or indirectly arising out of its compliance with any applicable Law, failure of a Guest to comply with the same, or any Event Beyond Our Control.

17.10 Application to others. The contract of carriage, including these Conditions of Carriage and exclusions of liability, applies to our Authorized Agents, servants, employees and representatives, to the same extent as they apply to us. The total amount recoverable from us and from such Authorized Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.

17.11 No waiver. Except as otherwise expressly provided in these Conditions of Carriage, nothing contained in these Conditions shall waive any defences or exclusion or limitation of liability under a Convention or applicable Law. With respect to third parties, we reserve all rights to recourse against any other person, including without limitation, rights of contribution and indemnity.

18. Terms Used in These Conditions