Terms & Conditions

CONDITIONS OF CARRIAGE

ALLIANCE AIRLINES ABN 81 107 165 980

IMPORTANT TERMS

These Conditions of Carriage contain important terms that you should be aware of:

Consumer Guarantees: Clause 8: In respect of the provision of Services, if a statute or other law provides a guarantee or warranty that cannot be excluded, to the extent permitted by law including the Australian Consumer Law, our liability for a breach of the guarantee or warranty will be limited to either resupplying the goods or Services again or paying the Cost of having them supplied again.

Refusal of Carriage: Clause 13.2, clause 17 and clause 22 set out the circumstances in which we can refuse you Carriage on our flights.

Limitation on Liability: Clause 24 sets out limitations on our liability to you in the event of schedule changes and flight cancellations.

Baggage: Clause 19 and clauses 25 and 26 set out limitations on our liability to you in the event of loss or damage of important or valuable items taken as Baggage. Clause 20 sets out our right to refuse Carriage of your Baggage.

Limitation on Liability: Clause 26 sets out limitations on our liability to you in the event you suffer illness, injury or death on our flights or in the event we delay, damage or lose your Baggage.

Limitation on Time to Make a Claim: Clause 27 sets out the timeframes you need to comply with when making a claim for lost or damaged Baggage.

Refunds and Fare Types: Clause 23 says that we will pay you a refund in accordance with the Fare Type you booked with us and these Conditions of Carriage. Some Fare Types may not allow for a refund in certain circumstances.

Privacy: Clause 29 says that we need to collect your personal information so that we can provide services to you. It also says we will collect and handle your personal information in accordance with our Privacy Policy.

1. DEFINITIONS AND INTERPRETATIONS

1.1 Definitions

In this Agreement, unless the context requires otherwise:

Airline Designator Code	means the two- or three-character code that identifies an individual Carrier in the flight number appearing on a Ticket. The two letter Airline Designator Code for Alliance is QQ .
Australian Consumer Law	means Schedule 2 to the Australian Competition and Consumer Act 2010 (Cth).
Authorised Agent	means a reputable passenger sales agent who represents Alliance in the sale of air passenger transportation on Alliance s services.
Baggage	means your personal items that you are travelling with on your trip. It consists of both your Checked Baggage and Cabin Baggage.
Boarding Pass	means the document (in paper or electronic form) that is issued to you as evidence that you have checked in for a particular flight.
Carriage	means carriage by air except where stated otherwise.
Carrier	means an air carrier except where stated otherwise.
Cabin Baggage	means the Baggage that you are permitted to take into the aircraft cabin. The Cabin Baggage allowances for Alliance are set out at: www.allianceairlines.com.au/when-we-fly/before-you-fly
Checked Baggage	means that part of your Baggage that is not Cabin Baggage and is within the Checked Baggage size and/or weight allowance, as applicable, set out at: www.allianceairlines.com.au/when-we-fly/before-you-fly
Convention	means whichever of the following applies: the Montreal Convention 1999 (the Montreal Convention); the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention). the Warsaw Convention as amended at The Hague on 28 September 1955. the Warsaw Convention as amended at The Hague and by Additional Protocol No. 1, 2 or 4 of Montreal (1975). the Guadalajara Supplementary Convention 1961; or any other applicable protocols or Conventions and any enabling legislation.
Domestic Carriage	means Carriage that is wholly within one country with no International Carriage sectors on your Ticket.
International Carriage	means Carriage that is between two countries, and if your Ticket also includes any sectors that are within one country, those sectors will be part of the International Carriage.
Passenger	means any person with a Ticket who is carried or is to be carried on an aircraft, except members of the crew.
SDRs	means Special Drawing Rights, being a composite unit of currency that is the official unit of exchange of the International Monetary Fund. (As a rough guide 1 SDR equates to approximately A$2.00 but this will depend on exchange rates.)
Services	means the flights and any other services for the Carriage of Passengers and their personal Baggage, or cargo or like activities provided by us to you under these Conditions of Carriage.
Ticket	means the electronic Ticket issued by Alliance or an Authorised Agent on behalf of Alliance and includes all printed terms, conditions and notices. All sectors appearing on a Ticket bearing a flight number beginning with QQ are subject to Alliance s Conditions of Carriage.
You, your, yours	means you as a Passenger, and your is the possessive version.
Us, we, our	means Alliance Airlines Pty Ltd and its successors and assigns.

2. WHAT THESE CONDITIONS OF CARRIAGE DO

These Conditions of Carriage deal with very important issues, including:

a) how and when these Conditions of Carriage apply;

b) charges and taxes;

c) important information for your health and safety;

d) refusal of Carriage;

e) schedules and disruptions; and

f) our liability to you (including limits of liability).

Please read these Conditions of Carriage carefully and visit www.allianceairlines.com.au or contact Alliance Airlines via www.allianceairlines.com.au/contact-us if you have any questions.

3. APPLICATION OF THESE CONDITIONS OF CARRIAGE

3.1 Subject to clause 3.2 and clause 4, or unless as otherwise advised, these Conditions of Carriage apply to Carriage on all flights booked on the Alliance QQ Designator Code, including gratuitous and reduced fare Carriage and Carriage on any loyalty points, and in any case where Alliance has a legal liability to you in respect of a flight.

3.2 Carriage performed by Alliance is subject to:

a) applicable laws, Conventions and tariffs, including the Australian Consumer Law;

b) these Conditions of Carriage;

c) any additional provisions contained in your Ticket;

d) applicable loyalty program rules; and

e) any written or oral directions issued by Alliance.

To the extent of any inconsistency between (a) and any of items (b) (e), (a) will prevail.

3.3 Charter

If Carriage is performed by Alliance pursuant to a charter agreement, then these Conditions of Carriage apply as if expressly incorporated into the charter agreement unless:

a) another Carrier s Airline Designator Code (such as QF for Qantas Airways Limited or VA or Virgin Australia Airlines Pty Ltd) appears as the flight number in the booking; or

b) Passengers are advised that another party s terms and conditions apply.

4. CONDITIONS OF CARRIAGE BENEFITS AGENTS AND REPRESENTATIVES

Any exclusion or limitation of liability of Alliance as set out in these Conditions of Carriage shall apply to and be for the benefit of its agents and representatives and any Carrier and its agents and representatives whose aircraft is used by Alliance for Carriage. The exclusion or limitation of liability shall also extend to related companies and independent contractors, in consideration for the provision of their Services directly or indirectly to you.

5. NO AUTHORITY TO MODIFY

No employee, agent or representative of Alliance is authorised to alter or modify these Conditions of Carriage.

6. UNENFORCEABLE CONDITIONS

To the extent permitted by any applicable laws, if any provision of these Conditions of Carriage is void, illegal, invalid or unenforceable in any jurisdiction, these Conditions of Carriage will be read down to the extent necessary to ensure it is not void, illegal, invalid or unenforceable in that jurisdiction, without invalidating the remaining Conditions of Carriage or affecting their validity or enforceability in any other jurisdiction.

7. AGENCY

If Alliance makes a booking for you on another Carrier s Airline Designator Code, Alliance does so only as agent for that Carrier. Alliance will inform you of the other Carrier s identity at the time of booking or as soon as possible prior to the flight. Similarly, if Alliance makes a booking for you for the provision of any other service by another service provider, including surface transportation or accommodation, it does so only as agent for that service provider and unless you are advised to the contrary by Alliance, the terms and conditions of that service provider will apply. The terms and conditions of the other Carrier or service provider may significantly limit or exclude liability. Please check the other Carrier or service provider s website for further information about your rights in these circumstances.

8. CONSUMER GUARANTEES OR WARRANTIES

8.1 Where Alliance provides any goods or Services, certain statutory guarantees or warranties may apply for the benefit of consumers. The application of these guarantees or warranties will depend on the relevant jurisdiction.

8.2 In Australia, you have certain rights under the Australian Consumer Law. The Australian Consumer Law provides consumer guarantees that Services must be:

a) fit for a particular purpose;

b) rendered with due care and skill; and

c) supplied within a reasonable time.

8.3 Where the Australian Consumer Law applies and we fail to provide Services to you in accordance with these consumer guarantees, then you may have a right to seek a remedy from us in accordance with the Australian Consumer Law.

8.4 Nothing in these Conditions excludes or restricts the application of relevant laws, including the Australian Consumer Law, the Civil Aviation (Carrier's Liability) Act 1959 (Cth), or any applicable Conventions.

8.5 In respect of goods or Services acquired for business purposes and not as a consumer:

a) to the extent permitted under the Australian Consumer Law, Competition and Consumer Act 2010 (Cth), or a Fair Trading Act, consumer guarantees and warranties will not apply where these Conditions of Carriage apply, provided that the relevant terms may by law be excluded; and

b) if a statute or other law provides a guarantee or warranty that cannot be excluded, to the extent permitted by law, our liability for a breach of the guarantee or warranty will be limited to either supplying the goods or Services again or paying the cost of having them supplied again.

9. BOOKINGS AND SEATING

9.1 You must ensure that you purchase your Ticket from Alliance or its Authorised Agent. Alliance does not accept any responsibility for any loss you may incur if you make arrangements for travel on Alliance through anyone other than Alliance or its Authorised Agent.

9.2 Alliance will try to accommodate your seating needs or choice but may need to change your seat for operational, safety or security reasons.

10. TICKETS NOT TRANSFERABLE

Tickets are not transferable. Alliance has no obligation to provide any Carriage or Services under a Ticket unless you produce valid proof of identity (e.g. a driver s licence or similar form of photographic identification) satisfactory to Alliance when checking in to board a flight. If Alliance discovers that the person attempting to travel on your Ticket is not you, Alliance will refuse to carry that person.

11. CHARGES AND TAXES

The price of your Ticket may include significant amounts of charges and taxes. The charges may include charges imposed by governments, airport authorities or other Carriers. You may also be required to pay some taxes and fees directly to third parties. Such amounts will not be marked on your Ticket with Alliance.

12. ALTERING ITINERARY

12.1 If you alter the sequence of travel on your booking with Alliance, and the fare rules allow it (see Before You Fly), the fare structure for which your Ticket has been issued may become inapplicable and need to be reassessed. Any fare difference must be paid by you, and your Ticket reissued prior to your travel.

12.2 Subject to any right to a refund under section 23 of these Conditions of Carriage and/or any applicable laws, including the Australian Consumer Law, if you cancel your Ticket, Alliance reserves the right to charge you a reasonable cancellation fee and there may be no refund available, depending on the fare rules applicable to the fare you purchased.

13. HEALTH

13.1 It is your responsibility to find out about and obtain any inoculations or vaccinations (including against COVID-19) that are required for the countries that you are visiting, and to find out about any potential dangers to your health and safety at your destination and any stopovers.

13.2 If you are suffering from any illness, disease or other condition which may make it unsafe for you or other Passengers if you fly, you must inform Alliance prior to your travel, and if Alliance, acting reasonably, considers that it may not be safe for you, or other Passengers, if you fly, Alliance may refuse to carry you.

13.3 Deep vein thrombosis (DVT):

Prolonged immobility may be a risk factor in the formation of clots in the legs, known as DVT, according to some studies. If you feel you may be at risk from DVT or other health problems, consult with your doctor before travel.

13.4 Pregnancy:

Alliance does not represent that travel is safe for you at any particular point during your pregnancy. You must seek advice from your own medical practitioner prior to your flight as to whether it is safe for you to fly and whether you need medical clearance due to the nature of your pregnancy and the length of your flight.

13.5 Public Health or Medical Emergency

If a public health emergency is announced by any government or the World Health Organisation or a medical emergency arises, we may be required to:

a) cancel, divert or delay any flight;

b) screen Passengers;

c) require valid evidence of vaccinations or inoculations (including against COVID-19) and/or negative test results (including against COVID-19);

d) require health documentation to be presented;

e) offload or refuse to carry Passenger(s) and their Checked Baggage if they do not provide valid health documentation (including evidence of COVID-19 vaccination);

f) isolate Passenger(s) on board the aircraft and limit the inflight Services;

g) notify appropriate authorities such as the police, health authorities or airport security; and

h) perform any other action we consider necessary to provide a safe environment for Passengers, staff, and contractors

13.6 Pre-flight screening

Passengers may be subject to pre-flight screening to determine fitness for travel. This may include thermal temperature testing, completion of questionnaires or other measures as advised by the relevant Health Authorities, including the World Health Organisation or government agencies such as the Australian Department of Foreign Affairs and Trade (www.smartraveller.gov.au).

14. SPECIAL ASSISTANCE

14.1 If you require special assistance due to your having limited mobility, for example, or there is another reason why you require special assistance, you must notify Alliance prior to purchasing your Ticket to discuss the arrangements that may be required. We will not refuse to carry you provided you have fully informed us of any special requirements at the time of making the reservation; you have complied with any reasonable requests we may have (including complying with Alliance Policies); and we have agreed to provide the special assistance.

14.2 If you have a mobility aid and/or a wheelchair, it will be carried free of charge and stowed in the aircraft hold as Checked Baggage, provided it complies with the size and weight limits published on our website under the Mobility Aids section of www.allianceairlines.com.au/when-we-fly/dangerous-goods-travelling-safely

14.3 If you are travelling with an assistance/service dog, the assistance/service dog may travel in the cabin of the aircraft as long as:

a) you complete a Service/Assistance Dog Application Form (assistance-dog-application-form6fd476bbf96a6f669f54ff0000b10c43.pdf) 14 days prior to travel; and

b) your Service/Assistance Dog and you comply with our Service/Assistance Dog Conditions of Carriage (assistance-dogs-conditions-of-carriage5dd476bbf96a6f669f54ff0000b10c43.pdf); and

c) any other requirements published on our website (Travelling with an Service/Assistance dog).

15. TRAVEL DOCUMENTS AND INSURANCE

15.1 It is your responsibility to find out from relevant embassies or consulates whether or not you need a passport, visa or other travel document. If Alliance provides any assistance to you in this regard, it does not release you from your responsibility to make enquiries of applicable authorities and from your liability for non-compliance with any of those authorities requirements.

15.2 As there are risks involved in travel and Alliance s liability to you is limited, you may choose to purchase travel insurance to suit your needs. Please consult your own insurance representative to discuss your personal requirements.

16. CHECK-IN REQUIREMENTS

16.1 You must check in for Domestic Travel at least 30 minutes prior to your scheduled departure time unless otherwise stated in your itinerary.

16.2 You must produce photo identification, such as a driver s licence, an employee identification card or a valid passport at check in. Infants aged 0 2 years of age do not require photographic identification. Children 3 years and older must produce identification such as a birth certificate, passport, student identification or Medicare card. Passengers who cannot provide sufficient identification may be denied boarding.

17. CONDUCT DURING YOUR TRAVEL WITH ALLIANCE

17.

17.1 You must be dressed reasonably in clean, presentable clothing suitable for public attire. You must not wear clothing displaying offensive language or symbols. It is a requirement on all Alliance flights that suitable footwear is worn.

17.2 When you travel with Alliance you must:

a) respect our employees and flight crew, and obey any instructions that they may give you;

b) listen carefully to the pre-flight safety briefing, read the safety card provided on board, identify your nearest exit and be familiar with the location and operation of any safety equipment;

c) fasten your seatbelt whenever you are seated, even if you are sleeping;

d) make sure that you know how to operate infant and child restraints and use them only as directed by the flight crew;

e) remain in your seat whenever the seatbelt sign is on and return to your seat and fasten your seatbelt if asked to do so by the flight crew;

f) store your Cabin Baggage as directed by the flight crew;

g) only use electronic devices such as mobile phones, laptop computers, personal music players, cameras and gaming devices when the flight crew tell you it is safe to do so. Do not use transmitting devices while on board. If you do not use your electronic device in accordance with the flight crew s directions, they may take your electronic device from you and keep it until the end of the flight when it will be returned to you;

h) behave in a way that does not disturb or cause offence to your fellow passengers;

i) not smoke, vape or use e-cigarettes during the flight or on board the aircraft. In accordance with applicable laws, smoking, vaping, or the use of, or charging of e-cigarettes is not permitted on any Alliance flight nor in any Australian airport terminals;

j) drink only in moderation and only drink alcohol that we supply on your flight you must not drink alcohol that you bring on board;

k) only use cameras or photographic devices including your mobile phone for personal use. You must comply with the flight crew s directions if using cameras or photographic devices on board an Alliance aircraft;

l) not do anything which could endanger the safety of the aircraft, our flight crew, or other passengers; and

m) not interfere with or damage any part of the aircraft or the equipment carried on board.

18. REFUSAL OF CARRIAGE

18.

18.1 Alliance is not a common Carrier and may refuse to carry you and your Baggage if any of the following circumstances have occurred or Alliance reasonably believes they are likely to occur:

a) because you do not appear to have all necessary documents or you have not checked in on time;

b) if you are under the influence of alcohol or drugs;

c) if you fail to comply with these Conditions of Carriage (including clause 17) or any applicable law or if carrying you will breach a law or order of a country to which you are travelling or departing from;

d) if carrying you or your Baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger or at risk;

e) if you have acted in an aggressive manner towards our ground staff or a member of the aircraft crew or have made any threat to our ground staff, aircraft crew or other Passengers;

f) because you have not obeyed the instructions of our ground staff or a member of the aircraft crew in respect to any safety or security matter;

g) if Alliance reasonably considers that carrying you may present a health or safety risk to you or other Passengers:

(i) because you have refused to allow a security check to be carried out on you or your Baggage;

(ii) because you require special assistance and you have not made prior arrangements with us for this;

h) because your Ticket:

(i) has not been paid for;

(ii) has been reported lost or stolen;

(iii) is being used by someone other than you;

(iv) has been acquired unlawfully; or

(v) has been acquired from someone other than Alliance or an Authorised Agent.

18.2 Alliance reserves the right to ensure the safety of a flight, our staff and passengers on board that flight and may take all necessary steps to do so, including:

a) removing you from a flight;

b) diverting the flight and offloading you;

c) reporting you to the appropriate authorities;

d) refusing to carry you for the remainder of your journey with Alliance; and

e) ban you from travelling on Alliance services for as long as we think appropriate or necessary.

18.3 If we are reasonably required to divert a flight to another destination due to your conduct and failure to comply with these Conditions of Carriage, you must reimburse us for the reasonable costs of the diversion at our request.

19. BAGGAGE LIMITS, EXCESS BAGGAGE AND INHERENT VICE

a) Checked Baggage and Cabin Baggage are subject to size and weight limits and no additional charges will be applied by Alliance where your Baggage complies with these allowances. Alliance s limits are set out at www.allianceairlines.com.au/when-we-fly/before-you-fly Please note when Alliance is carrying Baggage under another Airline s Designator Code, the relevant Carriers may impose additional charges for Baggage.

b) Excess Baggage is carried at Alliance s discretion and may be refused. Any large sporting equipment, musical instruments or other large items must be advised to us in advance of travel and Alliance must approve such carriage in advance of travel. If accepted by Alliance, it will be subject to space availability and payment of any applicable charges. Excess Baggage charges can be viewed at www.allianceairlines.com.au/when-we-fly/before-you-fly and you should be aware that the excess Baggage might not be carried on the same service as you.

c) Individual items of Baggage exceeding 32 kgs will not be accepted for carriage as checked Baggage. Such consignments must be processed as cargo at the applicable cargo rate.

d) Excess Baggage will only be carried to the airport specified on the Alliance Baggage tag. You are responsible for the collection of excess Baggage and any costs that may be incurred in arranging such collection.

e) Alliance is not liable for damage that occurs due to inherent defect, quality or vice of the Baggage due to wear and tear. Except to the extent excluded by law, this may include:

(i) cuts, scratches and dents;

(i) damage to retractable or fixed luggage handles;

(ii) external items missing from bag eg: wheels, feet, locks, zipper and zipper tabs, straps or name tags;

(iii) damage as a result of over-packing; and

(iv) items unsuitably packed for carriage (this includes oversized items such as sporting equipment and musical instruments).

f) You must ensure that all of your Checked Baggage is labelled or marked with your name and address or some other form of unique identification so that we can confirm that the Checked Baggage belongs to you.

20. VALUABLES, PERISHABLES AND FRAGILE ITEMS

20.1 You must not include any valuable, perishable or fragile items in your Checked Baggage, including glassware, porcelain, medicine, computers, keys, items with a special value (such as money, jewellery, silverware, negotiable papers, securities or other valuable documents), cameras, electronic or electrical equipment or components (including but not limited to tablets, electric toothbrushes), personal health, fitness, beauty or grooming devices, commercial goods, passports or other travel documents. Such items should be carried in your Cabin Baggage under your care, subject always to the Cabin Baggage allowance.

20.2 If you do not adhere to the above requirement and carry any such items in your Checked Baggage, Alliance will use any defences available to it against any claim in respect of any damage, delay, loss or destruction of those items. Also, note the limitations of liability referred to in clause 26 will apply to any such claims.

21. PROHIBITED ITEMS

21.1 Alliance will not carry, and you must not include in your Checked Baggage or Cabin (Carry-on) Baggage or otherwise try to bring on board the following items:

a) firearms (unless prior approval gained from us or the ticketing carrier) or weapons of any type.

b) not more than a total of 2 (two) power banks or similar devices per ticketed traveller.

c) live animals (unless prior approval gained from us or the ticketing carrier).

d) items listed as Dangerous Goods by the applicable regulator, including but not limited to:

(i) Gunpowder, mace, tear gas or pepper sprays (unless prior approval is gained from us or our the ticketing carrier in accordance with an instrument issued by the regulator);

(ii) Ammunition (unless prior approval is gained from us or the ticketing carrier);

(iii) Lithium-ion batteries with a Watt hour (Wh) rating exceeding 100Wh but not exceeding 160Wh (unless prior approval is gained from us or the ticketing carrier);

(iv) Lithium batteries with a Watt hour (Wh) rating exceeding 160Wh (mobility aids are exempt in accordance with an instrument issued by the regulator if prior approval is gained from us or the ticketing carrier);

(v) Camping fuel containers/camping gear containing fuel;

(vi) Machines and tools with petrol-powered engines;

(vii) Corrosives such as acids, alkalis, mercury, wet cell batteries, drain cleaners and solvents;

(viii) Poisons;

(ix) Dry ice carbon dioxide, solid (unless prior approval is gained from us or the ticketing carrier);

(x) Radioactive materials;

(xi) Fireworks, signal flares, sparklers or explosives;

(xii) Flammable gas, spray cans, butane fuel, propane tanks;

(xiii) Scuba tanks, CO2 cartridges, self-inflating life vests (unless prior approval is gained from us or the ticketing carrier);

(xiv) Fuel, paints, lighter fuel, lighter refills, strike-anywhere-matches, lighters with unabsorbed liquid fuel;

(xv) Infectious substances;

(xvi) Security attach cases incorporating dangerous goods such as pyrotechnic materials, dye cartridges and/or lithium batteries;

(xvii) items which are likely to endanger the aircraft or persons or property on board the aircraft, or that may become dangerous. More information is available in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the International Air Transport Association (IATA) Dangerous Goods Regulations;

(xviii) items which are prohibited by any applicable law from being carried on any aircraft;

(xix) items that Alliance reasonably determines are unsuitable for Carriage because they are dangerous or unsafe; and

21.2 If Alliance discovers that you are carrying a prohibited item or items, Alliance may do whatever it considers appropriate and reasonable in the circumstances, including removal of you and your item(s) from the service.

21.3 If you are in doubt about any item that you propose to carry and whether it constitutes Dangerous Goods, ask us or the ticketing carrier in advance of your date of travel.

21.4 Alliance reserves the right to determine what items are unsuitable for Carriage.

21.5 Alliance reserves the right to deal with such goods in any manner it considers appropriate, which includes destroying, disposing of or retaining the item as evidence.

22. SEARCHES

22.1 Alliance or airport or government agency officers may require you to submit to clothing or body or Baggage searches. If you refuse any such searches, Alliance will refuse to carry you and your checked/cabin baggage.

22.2 If any x-ray screening causes damage to your Baggage, then except as otherwise provided by applicable law, Alliance will not be liable for the damage unless it was caused by Alliance s negligence.

23. REFUNDS AND FARE TYPES

23.1 Alliance will provide any refund due in accordance with the rules of the fare you purchased. Some fares do not provide refunds, except where clause 24.2 applies. Please check the Fare Types information on our website to see the details of Discount Fare, Saver Fare, and Flexi Fare (Before You Fly). If Alliance fails to provide Carriage substantially in accordance with your Ticket, within a reasonable amount of time compared to the scheduled departure time indicated on your Ticket, and if you elect not to travel on that Ticket, you may claim a refund of that sector of your Ticket, and any other sectors of the Ticket for which Alliance holds payment and which are rendered redundant as a result of non-travel on the sector in question.

23.2 Where you purchase and Alliance does not provide or accept an item purchased in addition to a Ticket, such as excess Baggage and emergency exit row seating, Alliance shall refund the value of the additional fee paid. For avoidance of doubt, if you choose not to make use of the additional item purchased on the day of travel, you shall forfeit any fees paid.

23.3 Any refund made by Alliance will be paid to the original form of payment if payment was made by credit card, or to the Passenger named on the Ticket where the Ticket was paid for by cash or equivalent, unless satisfactory proof is provided to Alliance that another person paid for the Ticket, in which case the refund will be provided to that person.

23.4 Subject to your right to a refund under applicable laws, including the Australian Consumer Law, some fare rules include non-refundable or restricted fares and you should carefully consider these rules, your needs and your insurance cover before you pay for your Ticket.

24. FLIGHT SCHEDULES

24.1 Alliance undertakes to use all reasonable endeavours to carry you and your Baggage in accordance with its flight schedule, but times shown in timetables or elsewhere are not guaranteed. Flight schedules are subject to change for a range of reasons, including but not limited to bad weather, air traffic control delays, technical disruptions and late inbound aircraft. If you have provided Alliance or its Authorised Agent with your contact details, then Alliance or its Authorised Agent will use reasonable endeavours to notify you about any scheduled flight changes. However, we do not guarantee that we will be able to contact you so, prior to the day of your flight, you should check that the flight times have not changed.

24.2 If, due to circumstances beyond Alliance s control, Alliance cancels or delays a flight, Alliance will:

a) either carry you on another of its scheduled Services on which space is available, if you still wish to travel; or

b) provide you with a refund of the applicable sector fare.

24.3 Alliance will not be responsible for paying any other costs or expenses you may incur as a result of the delay or cancellation unless provided for in these Conditions of Carriage, a Convention, or any applicable law.

24.4 If Alliance makes a significant change to the departure time of your flight or your flight is cancelled but you still wish to travel, Alliance will rebook you on its next flight to that destination on which space is available.

24.5 In circumstances where Alliance has withdrawn from a route, Alliance will provide a refund in accordance with clause 23.

24.6 It is your responsibility to check flight departure times and gates at the airport, and except as otherwise provided in any applicable laws, such as the Australian Consumer Law or the appropriate Conventions, Alliance will not be liable to you for any losses that you may incur if you fail to do so (including where you miss your flight as a result of not checking these matters).

25. LIABILITY

25.1 Except as otherwise provided by these Conditions of Carriage or by applicable law or Convention that cannot be excluded, including the Australian Consumer Law, Alliance excludes all liability for any costs, expenses, losses or damages whatsoever that may arise in any way in connection with the Carriage.

25.2 Except where these Conditions of Carriage provide otherwise, Alliance s liability, if any, is limited to proven compensatory damages.

25.3 If any of your travel involves travel on another Carrier s Airline Designator Code or is by a different mode of transport, the liability limits may differ from Alliance s. You will need to check with the applicable Carrier or transport operator who issued your Ticket.

25.4 Domestic Carriage

a) Alliance s liability for your bodily injury or death caused by an accident on board an aircraft or during embarkation or disembarkation during Domestic Carriage is governed by the Civil Aviation (Carriers Liability) Act 1959 (Cth) (and complimentary state legislation) and is limited to A$925,000. Recoverable damages may be reduced as a result of any contributory negligence by you.

b) Alliance s liability for loss or damage during Domestic Carriage is limited to A$3,000 per Passenger for Checked Baggage and A$300 per Passenger for Cabin Baggage. Alliance will not be liable for any damage that results from the inherent defect, quality or vice of the Baggage. Our liability for lost or damaged Baggage is based on the depreciated value of the Baggage and is limited to the actual loss suffered by you.

25.5 International Carriage

a) Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin are advised that the international treaty known as the Montreal Convention, or its predecessor, the Warsaw Convention (either amended or unamended) may be applicable to the entire journey, including any portion entirely within the country of origin or destination.

b) International Carriage to which no Convention applies will be subject to the same law that applies to Domestic Carriage in Australia, being Civil Aviation (Carriers Liability) Act 1959 (Cth).

c) In relation to Baggage claims, if the person with a Baggage receipt receives their Checked Baggage without making a complaint, it will be reasonable evidence that the Checked Baggage was delivered in good condition, unless proven otherwise. Alliance will not be liable for normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts.

26. LIMITATIONS OF LIABILITY

26.1 Death or bodily injury

Where the Montreal Convention applies, Alliance will not exclude or limit its liability for any recoverable compensatory damages up to 128,821 SDRs (about AUD$264,000) in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, except that any such liability for damage will be reduced in accordance with applicable law by any negligence on your part that causes or contributes to the damage. Alliance will not be liable for damages exceeding 128,821 SDRs for each Passenger if it proves that the damage was not due to the negligence or other wrongful act or omission of Alliance or its agents, or such damage was solely due to the negligence or other wrongful act or omission of a third party.

26.2 Delay

Where the Montreal Convention applies, Alliance will be liable for damage up to a maximum of 5,346 SDRs per Passenger (about AUD$11,000), except when it can prove that it took all measures that could reasonably be required to avoid the damage or that it was impossible for Alliance to take such measures or where the damage resulted from intentional or reckless conduct of Alliance.

26.3 Checked Baggage and Cabin Baggage

a) Where the Montreal Convention applies, in the case of loss of or damage to your Baggage, Alliance s liability is limited to 1,288 SDRs (about AUD$2,640) except where damage resulted from the intentional or reckless conduct of Alliance.

b) The above limit of liability is cumulative for both Checked Baggage and Cabin Baggage. However, Alliance will only be liable for Cabin Baggage if it was at fault. Alliance will not be liable for any damage that results from the inherent defect, quality or vice of the Baggage.

26.4 Warsaw Convention

In the unlikely event that your International Carriage is subject to the Warsaw Convention or an amended Warsaw Convention, similar provisions to the Montreal Convention will prevail. However, there will be different financial limits of liability and therefore you should obtain advice on the level of liability that may apply at the time of the loss or damage.

27. TIME LIMITATIONS FOR CLAIMS

27.1 Domestic Carriage: - Any claim for loss of or damage to Baggage must be made in writing to Alliance within the following timeframes:

a) 3 days in the case of damage to or loss or destruction of part only of an item of Checked Baggage or Cabin Baggage, after date of receipt of the Baggage or remainder of the item;

b) 21 days in the case of loss or destruction of the whole of an item of Checked Baggage from the date that the Checked Baggage should have been placed at your disposal;

c) 3 days in the case of damage to or loss or destruction of the whole of the Cabin Baggage after the Carriage of the Passenger.

27.2 No action will lie against Alliance if a complaint is not received in writing by Alliance within the applicable timeframe above, except in the case of fraud.

27.3 International Carriage: - Any claim for damage to or delay of Baggage must be made in writing to Alliance within the following timeframes:

a) in the case of damage to your Baggage, as soon as you discover the damage after you have received it, and at the latest within 7 days;

b) in the case of delay, within 21 Days from when the Baggage has been made available to you.

27.4 No action will lie against Alliance if a complaint is not received in writing by Alliance within the applicable timeframe above, except in the case of fraud.

27.5 Your right to claim: Your right to claim for damages will expire if court proceedings are not brought within two (2) years from:

a) the date of your arrival at your destination;

b) the date the aircraft should have arrived; or

c) the date on which your Carriage stopped;

d) unless your right to claim has expired earlier under these Conditions of Carriage, for example under clause 27.1.

28. INSURANCE

Additional protection can usually be obtained by purchasing insurance from an insurance company. Such insurance may not be affected by any limitation of liability under these Conditions of Carriage or the applicable Convention. For further information, please consult your insurance company representative.

29. PERSONAL INFORMATION

29.1 Alliance collects personal information about you to provide you with Carriage and other Services and goods, process your travel arrangements, conduct marketing activities and market research, and for immigration and customs control, security, administrative and legal purposes. Failure to provide Alliance with the required personal information may result in Alliance being unable to provide you with the Services or goods requested.

29.2 The collection and use of your personal information is subject to applicable privacy laws.

29.3 You authorise Alliance to retain your personal information for the purposes set out in clause 29.1 and to disclose your personal information to:

a) travel service providers and organisations providing Services to Alliance;

b) payment card companies; and

c) law enforcement agencies and governments,

d) as may be necessary to facilitate your travel, or to comply with applicable laws, or for emergency purposes.

29.4 You can gain access to your personal information that Alliance has collected and ask for correction of it by contacting [email protected].

29.5 Full details on how Alliance manages your personal information can be found at www.allianceairlines.com.au/privacy-policy

30. FORCE MAJEURE

To the fullest extent allowed under applicable law, and except as otherwise stated in these Conditions of Carriage, Alliance shall not be responsible or liable for any failure or delay in the performance of its obligations arising out of or caused by, directly or indirectly, events beyond its reasonable control. These events include, but are not limited to, inclement weather, equipment or aircraft malfunctions or failures, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, government regulations, decisions by airports or 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 including cyber-attacks. Alliance shall use reasonable efforts, consistent with accepted practices in the airline industry, to resume performance as soon as practicable in the circumstances.

31. JUSTIFIABLE DELAY EVENTS

31.1 Justifiable Delay Events means any delay or failure to perform a Flight that is caused or contributed to by:

a) a Force Majeure Event under clause 30;

b) any decision by the Captain of the aircraft as to whether or not a flight should be undertaken, and the manner of performing the Services and operations under these Conditions of Carriage;

c) the effects of weather (including storms, rain, hail, fog, dust storms, severe wind, frost or ice) which abort or delay take-off or landing of the aircraft or which cause delay whilst the aircraft is en-route;

d) additional or unusual security requirements imposed by an Australian governmental authority arising from a specific threat or incident or delays resulting from actions of airport security staff or police in relation to specific Passengers or cargo;

e) restrictions imposed by air traffic controllers or any governmental authority or a requirement to comply with a request for the aircraft to be re-routed or placed in a holding pattern;

f) compliance with any flight and duty time or fatigue risk management requirements in any applicable laws or OEM operating procedures (including without limitation regulatory time restrictions on the number of hours that the required aircrew and engineers are able to work in any given period);

g) lack of spare parts, rationing, trade union measures;

h) fuel contamination or the failure of fuel or refuelling equipment to meet the aircraft manufacturer's, or CASA s, standards;

i) any delay resulting from a variation to the route to be flown;

j) unavailability of an airworthy aircraft with a current release to service and no inspections;

k) any mandatory modifications or inspections required to be carried out on the aircraft, subsequent to commencement of operations,

l) without in any way limiting Alliance s obligation to maintain the aircraft in accordance with all relevant provisions of these Conditions of Carriage, any delay or cancellation as a consequence of a decision by Alliance (acting reasonably) that to make a flight, or to make it at the scheduled time, would pose a risk to the safety and preservation of persons engaged in or utilising the aircraft including any decision to undertake scheduled and unscheduled maintenance required on the aircraft; or

m) as a consequence of paragraphs (a)-(i) above.

31.2 Notwithstanding any other provision of these Conditions of Carriage, we will not be liable to you or be in default under these Conditions of Carriage for failure to observe or perform any provision of these Conditions of Carriage (including failure to perform a flight) where such failure is due to a Justifiable Delay Event. If we are unable to perform, perform on time or complete any Carriage or service because of a Justifiable Delay Event, we must promptly notify you by telephone, with a confirmation in writing to follow promptly.

32. JURISDICTION

This Agreement shall be governed by the laws of Queensland and the parties accept and submit to the non-exclusive jurisdiction of courts of Queensland for the settlement of any disputes which may arise out of or in connection with these Conditions of Carriage. You waive any right you have to object to an action being brought in those courts, to claim that the action has been brought in an inconvenient forum, or to claim that those courts do not have jurisdiction.

33. OUR NAME AND ADDRESS

Our name may be abbreviated to Alliance or QQ on your Ticket or Boarding Pass. Our name is Alliance Airlines Pty Ltd and our address is: PO Box 1126, Eagle Farm, Queensland 4009, Australia.